Dredging

Dredging. (1) Exemptions. (a) Procedures. Exemptions shall be processed according to the procedures in ch. NR 300 . (b) Applicable activities. The dredging of a farm drainage ditch which was not a navigable stream before ditching that meets all of the standards in par. (c) , is exempt from the permit requirements of s. 30.20 (1) and (2) , Stats., in accordance with s. 30.20 (1g) (a) , Stats., manual dredging that meets all of the standards in par. (d) is exempt from the permit requirements of s. 30.20 (1) and (2) , Stats., in accordance with s. 30.20 (1g) (b) 2. , Stats. (c) Standards for dredging of a farm drainage ditch which was not a navigable stream before ditching. Dredging of a farm drainage ditch which was not a navigable stream before ditching is eligible for an exemption subject to the following limitation: 1. The project is located in a navigable stream that does not have stream history. 2. The applicant has notified the department of the proposed project 10 days prior to dredging. 3. The dredging may not have a long-term adverse effect on cold-water fishery resource or may not destroy cold water or warm water fish spawning beds or nursery areas. 4. The dredged material may not be temporarily or permanently placed in a wetland, floodway or below the ordinary high water mark of a navigable waterway. 5. The person conducting the dredging is the riparian owner or has permission of the riparian owner to remove bottom material. 6. 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. 6. a. to c. or h. Decontamination shall include either subd. 6. d. , e. , f. , g. , or h. 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. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc. b. Drain all water from equipment used in navigable waters. c. Dispose of plants and animals in the trash. An operator may not transfer plants or animals or water from one navigable waterway to another. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean). e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch. f. Allow equipment to dry thoroughly for not less than 5 days. g. 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. h. 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. (d) Standards for manual dredging activities. Manual dredging is eligible for an exemption subject to the following limitations: 1. The dredging operation meets the definition of manual dredging in s. NR 345.03 (8) . 2. The dredging may not be located in an area of special natural resource interest, or where there are public rights features as described in s. NR 1.06 , or in perennial tributaries to surface waters identified as trout streams by the department in s. NR 1.02 (7) . 3. The dredged material may not contain any hazardous substance as defined in s. NR 345.03 (7) . 4. For each riparian property, the amount of bottom material dredged from a specific waterbody may not exceed 100 square feet in surface area and one foot in depth in a calendar year. 5. Any dredged material removed from the waterbody may not be temporarily or permanently placed in a wetland, floodway or re-deposited below the ordinary high water mark of a navigable waterway. 6. Erosion control measures shall meet or exceed the technical standards for erosion control approved by the department under subch. V of ch. NR 151 . Any area where topsoil is exposed during construction shall be immediately seeded and mulched or riprapped to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway. 7. Mechanical equipment may not be operated below the ordinary high water mark or on the bed of a navigable waterway. 8. The applicant is the riparian owner or has permission of the riparian owner to remove bottom material. 9. 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. 9. a. to c. or h. Decontamination shall include either subd. 9. d. , e. , f. , g. , or h. 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. a. Inspect all equipment used for constructing, operating, or maintaining the project and remove all plants and animals, and other mud, debris, etc. b. Drain all water from equipment used in navigable waters. c. Dispose of plants and animals in the trash. An operator may not transfer plants or animals or water from one navigable waterway to another. d. Wash equipment at a temperature of not less than 212 degrees Fahrenheit water (steam clean). e. Wash equipment with soap and water or high pressure water of not less than 2000 pounds per square inch. f. Allow equipment to dry thoroughly for not less than 5 days. g. 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. h. 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. (e) Standards for dredging necessary to place or maintain an exempt structure under s. 30.20 (1g) (b) 1., Stats. The standards for this activity are contained in the rules that describe the exempt structures. (f) Permit required. 1. Activities which do not meet the standards in par. (c) , (d) or (e) are determined ineligible for an exemption by the department shall require a general permit or contract or individual permit or contract. 2. The department has the authority under s. 30.20 (1m) , Stats., to require a permit in lieu of exemption. (2) General permits. (a) Procedures. 1. General permits shall be processed according to the procedures in ch. NR 300 . 2. If the department determines that a dredging proposal 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. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate one of the following: a. The dredging project avoids impacts to the endangered or threatened species in accordance with s. 29.604 , Stats. b. The dredging project has received an incidental take authorization under s. 29.604 , Stats. 2m. If the department determines that the dredging proposal submitted under this section has the potential to impact an archaeological site or historic structure in accordance with s. 44.40 , Stats., the application shall be deemed incomplete. The department may not consider the application complete or issue a general permit until the applicant submits documentation to demonstrate that the dredging project avoids impacts to the archaeological site or historic structure, or completes and documents requested investigations of archaeological sites or historic structures in accordance with s. 44.40 , Stats. Reports of completed archaeological or historic structures investigations for projects are subject to departmental and Wisconsin Historical Society review and approval in advance of permit issuance.