NR 350.008(6)(b)2. 2. A brief description of the mitigation bank including all mitigation bank sites.

NR 350.008(6)(b)3. 3. The name, email address, and phone number of a department staff member who can receive comments and respond to questions.

NR 350.008(6)(b)4. 4. A date by which the department will accept and consider comments.

NR 350.008(6)(c) (c) The department shall distribute the public notice to appropriate news media in the vicinity of the proposed action.

NR 350.008(7) (7) Review fee. The department shall charge a fee pursuant to s. 281.36 (12) (b), Stats., for reviewing, investigating, and making decisions to approve or not approve mitigation bank instruments at the time that a mitigation bank sponsor submits a draft mitigation bank instrument to the department. The submittal fee for a draft mitigation bank instrument shall be $800.

NR 350.008 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (1) (c) 4., 5., (e), (f) 1., 2., 3., (2) (a), (4) (b) made under s. 35.17, Stats., Register February 2022 No. 794.

NR 350.009 NR 350.009 Mitigation bank operation.

NR 350.009(1) (1) General.

NR 350.009(1)(a) (a) An approved mitigation bank instrument is the record of department and interagency review team concurrence on the objectives and administration of a mitigation bank. The secretary or the secretary’s designee shall sign for the department and this signature on the mitigation bank instrument constitutes department approval of the bank.

NR 350.009(1)(b) (b) A mitigation bank sponsor is responsible for establishing a mitigation bank site in accordance with an approved mitigation bank instrument, administration of the accounting of debits and credits, conducting required corrective actions, providing required monitoring and status reports to the department, and assuring long-term maintenance and protection of the site. A mitigation bank sponsor may request that the department include more than one compensation site in a mitigation bank instrument.

NR 350.009(1)(c) (c) Participation in the establishment of a mitigation bank does not constitute ultimate authorization for specific activities, as excepting the activities from any applicable requirements, or as pre-authorizing the use of credits from that bank for any activity.

NR 350.009(1)(d) (d) By January 30 of each year that a mitigation bank is in operation, the mitigation bank sponsor shall provide a report to the department that provides an accounting of credits and debits using the format described in the mitigation bank instrument under sub. (3) (i).

NR 350.009(2) (2) Construction monitoring.

NR 350.009(2)(a) (a) The mitigation bank sponsor shall inform the department of the progress of construction and shall provide full access to the department for site inspections.

NR 350.009(2)(b) (b) The mitigation bank sponsor shall receive written approval from the department before implementing any substantial deviations from the approved compensation site plan.

NR 350.009(2)(c) (c) The mitigation bank sponsor shall provide an as-built report to the department to verify that the project was completed in accordance with the approved plans and specifications. This report shall summarize the construction activities, note any changes to the construction plan that occurred, and provide as-built plan sheets of the site. The as-built report shall be organized according to the following outline:

NR 350.009(2)(c)1. 1. Site identification. Include the bank name or permit number, designer or consultant, and sponsor. Include a written description of the location, such as landmarks, perimeter information, and coordinates.

NR 350.009(2)(c)2. 2. Identification of the construction contractor.

NR 350.009(2)(c)3. 3. Dates of construction, seeding and planting, completion, and site inspections by a qualified wetland consultant.

NR 350.009(2)(c)4. 4. Description of any changes to the original plan.

NR 350.009(2)(c)5. 5. Description of any problems encountered during construction and actions taken to correct the problems.

NR 350.009(2)(c)6. 6. List of follow-up corrective actions needed, schedule for corrective actions, and persons responsible for corrective actions.

NR 350.009(2)(c)7. 7. As-built plan sheets.

NR 350.009(2)(c)8. 8. Photos showing before and after conditions of the constructed area.

NR 350.009(2)(c)9. 9. Description of the existing conditions of all wetlands at the completion of construction activities.

NR 350.009(2)(c)10. 10. A credit release request, as specified in the project’s compensation site plan.

NR 350.009(2)(d) (d) A final construction inspection may be conducted by the department after receipt of the as-built report under par. (c) to determine whether the site was built in accordance with plans and specifications.

NR 350.009(2)(e) (e) If the department determines that corrective actions are needed to bring the site into compliance with the compensation site plan, the department shall provide the mitigation bank sponsor a list of corrective actions to be completed by a specific date.

NR 350.009(2)(f) (f) The applicant or bank sponsor shall certify to the department evidence that all corrective actions identified under par. (e) have been addressed.