NR 347.04(1)(a)(a) Except where otherwise provided by law, all private and municipal dredging projects require a permit or contract under s. 30.20, Stats., and ch. NR 346. Dredging in portions of the Mississippi, St. Croix and Black rivers by the U.S. army corps of engineers is governed by s. 30.202, Stats.

NR 347.04(1)(b)(b) All dredging projects require review under ch. 289, Stats., and chs. NR 500 to 520 for disposal of dredged material under the solid waste management program.

NR 347.04(1)(c)(c) All dredging projects shall be reviewed under ss. 1.11 and 23.11 (5), Stats., and ch. NR 150 for compliance with the Wisconsin environmental policy act.

NR 347.04(1)(d)(d) All federally funded, permitted or sponsored dredging projects require water quality certification under ss. 281.11 to 281.36 (12) and 283.001, Stats., and ch. NR 299.

NR 347.04(1)(e)(e) A Wisconsin pollutant discharge elimination system (WPDES) permit under ch. 283, Stats., is required for dredging projects with carriage water return flows to surface water or groundwater.

NR 347.04(1)(f)(f) Plan approval under s. 281.41, Stats., is required for dredging projects which include a dredged material treatment facility.

NR 347.04(1)(g)(g) Sites and facilities for the disposal of hazardous waste and PCBs require review under subch. IV of ch. 291, Stats., and s. 299.45, Stats., and chs. NR 500 to 520 and 660 to 670.

NR 347.04(2)(2) The project application process shall be coordinated by the department. Except as otherwise provided by law, decisions on all applicable department approvals, permits, contracts and licenses relating to a dredging project shall be made concurrently and with the decision on:

NR 347.04(2)(a)(a) Water quality certification under ch. NR 299 for all federally funded, permitted or sponsored projects, or

NR 347.04 HistoryHistory: Cr. Register, February, 1989, No. 398, eff. 3-1-89; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478; corrections in (1) (b), (d), (e), (f), and (g) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553; corrections in (1) (d), (g) made under s. 13.93 (2m) (b) 7., Stats., Register May 2013 No. 689.

NR 347.05(1)(1) Prior to submission of a formal application, anyone seeking to remove material from the beds of waterways shall provide the department with preliminary information including:

NR 347.05(1)(d)(d) Brief description of proposed disposal method and location and, if a disposal facility is to be used, size of the disposal facility;

NR 347.05(1)(e)(e) Any previous sediment sampling (including field observations) and analysis data from the area to be dredged or from the proposed disposal site;

NR 347.05(1)(f)(f) Copy of a map showing the area to be dredged, the depth of cut, the specific location of the proposed sediment sampling sites and the bathymetry of the area to be dredged; and

NR 347.05(2)(2) An initial evaluation shall be conducted by the department within 30 business days after receipt of the information under sub. (1) to determine if there is reason to believe that the material proposed to be dredged is contaminated. This initial evaluation shall be used by the department in specifying sediment sampling and analysis requirements to the applicant under s. NR 347.06 and shall be accomplished with existing data. Factors which shall be considered by the department in its evaluation of the dredging site and, if appropriate the disposal site, include, but are not limited to, the following:

NR 347.05(2)(a)(a) Potential that contaminants may be present. Potential routes that may have introduced contaminants into the dredging site shall be identified by examining appropriate maps, aerial photographs, or other graphic materials that show surface watercourses and groundwater flow patterns, surface relief, proximity to surface and groundwater movement, private and public roads, location of buildings, agricultural land, municipal and industrial sewage and stormwater outfalls, etc., or by making supplemental field inspections.

NR 347.05(2)(b)(b) Previous tests of the material at the dredging site or from other projects in the vicinity when there are similar sources and types of contaminants, water circulation and stratification, accumulation of sediments, general sediment characteristics, and potential for impact on the aquatic environment, as long as nothing is known to have occurred which would render the comparisons inappropriate.