Section 341.08. General permit for project sites.

 

(1)   Procedures .

(a) General permits shall be processed according to the procedures in subch. III of ch. NR 310 .

(b) If the department determines that a grading application submitted under this section has the potential to impact an endangered or threatened species in accordance with s. 29.604 , Stats., the application shall be deemed incomplete until the applicant submits documentation to demonstrate one of the following:

1. The grading project avoids impacts to the endangered or threatened species in accordance with s. 29.604 , Stats.

2. The grading project has received an incidental take authorization under s. 29.604 , Stats.

(c) If the applicant modifies their grading project plans to meet the requirements of par. (b) , the modified plans shall be submitted before the department can consider the application complete or issue a general permit.

(2)   Applicable activities . A grading project that meets the requirements in sub. (3) shall be eligible for general permit coverage under ss. 30.19 (3r) (b) and 30.206 , Stats.

(3)   Standards. A grading project may be authorized under this general permit if it meets all of the following requirements:

(a) Performance standards. The grading project meets the stormwater performance standards of ss. NR 151.11 and 151.12 for stormwater discharges from land disturbing construction activities for non-transportation projects and ss. NR 151.23 and 151.24 for transportation projects.

(b) Buffers on lakes and streams. An undisturbed, vegetated area is maintained or established adjacent to the waterway in accordance with the distances in s. NR 151.12 (5) (d) 1. a. to c. for protective areas around lakes or streams. In the absence of a specified distance in s. NR 151.12 (5) (d) 1. a. to c. , the vegetated area may not be disturbed or must be established for 35 feet landward from the ordinary high water mark. Construction or land disturbance within this buffer may occur for an activity that is otherwise authorized under ch. 30 or 31 , Stats., exempted under ch. 30 , Stats. , or is a stormwater best management practice designed to comply with ch. NR 151 or 216 .

(c) Buffers on wetlands. The grading does not disturb an existing vegetated area in accordance with the distances in s. NR 151.12 (5) (d) 1. a. or d. to f. for protective areas around wetlands. Construction or land disturbance for a stormwater best management practice designed to comply with ch. NR 151 or 216 may occur within this buffer, but not within the wetland.

(d) Elevation change. The difference in elevation between pre- and post-construction contours does not exceed 5 feet within the bank area, except for areas immediately adjacent to exposed or walkout basements where the difference in elevation between pre-and post-construction contours may not exceed 10 feet within the bank area.

(e) Slope. The grading may not disturb or create a slope that exceeds 20% within the bank area.

(f) Revegetation . The vegetation plan required in s. NR 341.05 (2) (o) shall be implemented and monitored for one year after project completion. During the monitoring period, the grading site shall be inspected regularly, and any areas requiring additional stabilization or revegetation shall be addressed to ensure final stabilization. One year after project completion, a report and photographs shall be submitted to the department to demonstrate that the grading site is stabilized. If after one year, final stabilization has not been achieved or maintained, the department may require the landowner to submit a revised vegetation plan to the department, and implement the revised plan.

(g) Designated waters . The grading site is not located in or adjacent to any of the following:

1. A state natural area designated or dedicated under ss. 23.27 to 23.29 , Stats.

2. A federal wild and scenic river designated under s. 30.27 , Stats., or 16 USC 1274 (a)(8).

3. A state wild river designated under s. 30.26 , Stats.

(h) For grading projects on an outstanding or exceptional resource water under s. 281.15 , Stats., upon receipt of a general permit application, the department shall conduct a site inspection.

(i) To stop the spread of invasive species and viruses from one navigable waterway to another navigable waterway, all equipment or portions of equipment used for constructing, operating, or maintaining the project, including tracked vehicles, barges, boats, silt or turbidity curtains, hoses, sheet piles, and pumps, shall be decontaminated for invasive species and viruses before and after use or prior to use within another navigable waterway. Decontamination activities shall be performed by taking actions specified in subd. 1. to 3. or 8. Decontamination shall include either subd. 4. , 5. , 6. , 7. , or 8. for any equipment, or portions of equipment, that is used in non-frozen navigable waters when the air temperature is above 19 degrees Fahrenheit at the time the decontamination procedures take place.

1. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc.

2. Drain all water from equipment used in navigable waters.

3. Dispose of plants and animals in the trash. An operator may not transfer plants or animals or water from one navigable waterway to another.

4. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean).

5. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch.

6. Allow equipment to dry thoroughly for not less than 5 days.

7. Disinfect equipment with 200 parts per million (0.5 ounces per gallon) chlorine for not less than 10 minute contact time. Every effort should be made to keep the disinfection solution and rinse water out of surface waters.

8. Follow the most recent department approved disinfection protocols or department approved best management practices for infested waters. The department shall maintain on its website and make available at its offices a list of the most recent disinfection protocols or department approved best management practices for invasive species and viruses.

(4)   Plans part of permit . The general permit shall require that the applicant comply with submitted project plans or modified project plans as a condition of the permit.

(5)   Non-compliance with general permit. Activities which do not meet the requirements in sub. (3) or a general permit issued by the department shall require an individual permit.

(6)   Individual permit. The department has authority under s. 30.206 (3r) , Stats., to require an individual permit in lieu of a general permit.

History: CR 04-085 : cr. Register April 2005 No. 592 , eff. 5-1-05; CR 07-094 : cr. (3) (i) Register November 2008 No. 635 , eff. 12-1-08; c orrection in (2) made under s. 13.92 (4) (b) 7. , Stats., Register May 2013 No. 689 .

Note

Where there is overlapping jurisdiction between ch. NR 216 and this chapter for sites with land disturbance of more than one acre, the department will develop consolidated procedures so that only one submittal will be required. Microsoft Windows NT 6.1.7601 Service Pack 1 The department maintains a list of technical standards that it has determined adequate and effective for designing best management practices to control erosion and sediment runoff. Contact the department storm water program in the Bureau of Watershed Management at [phone] to obtain a copy of this list or visit the department's stormwater website at www.dnr.wi.gov/org/water/wm/nps/stormwater.htm . Microsoft Windows NT 6.1.7601 Service Pack 1 The duff layer beneath a pine forest is easily washed away during increased flows due to construction and would therefore not be adequate buffer coverage. Microsoft Windows NT 6.1.7601 Service Pack 1 A grading project including placement of a road and culvert to cross a navigable waterway is not excluded from eligibility for this general permit if the culvert is authorized under ch. 30 , Stats. This section does not prohibit a local ordinance from being more restrictive. Microsoft Windows NT 6.1.7601 Service Pack 1 This section does not prohibit a local ordinance from being more restrictive. Microsoft Windows NT 6.1.7601 Service Pack 1 This does not apply to water in closed engine cooling systems or water tanks, or containers of potable drinking water or other beverages meant for human consumption. If a tanker truck discharges water collected from navigable waters in upland areas, the tank does not require disinfection. Microsoft Windows NT 6.1.7601 Service Pack 1 Additional drying techniques including drying through natural or mechanical means or changes in drying duration may be submitted to the department for review and approval. Microsoft Windows NT 6.1.7601 Service Pack 1 Chlorine refers to either household bleach solution (5.25% chlorine) or granular chlorine (70% calcium hypochlorite). Microsoft Windows NT 6.1.7601 Service Pack 1 See the department's website at http://dnr.wi.gov under the topic "Waterway and Wetlands". Recommendations for additional disinfection or decontamination protocols or department approved best management practices may be submitted to the department for review and approval to be added to this list. Microsoft Windows NT 6.1.7601 Service Pack 1