reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.13 - Adoption of land use controls in the hydraulic shadow

Current through June 24, 2024
If the grantee or the municipality responsible for the
				  implementation of land use controls in the hydraulic shadow, or both, fail to
				  adopt the land use controls necessary to secure the dam hazard rating in
				  accordance with ch. NR 333, the grantee may not receive any further state funds
				  under this chapter and shall reimburse the department for any state funds
				  already received under this chapter. The necessary land use controls shall be
				  adopted within one year after the department has approved the dam failure
				  analysis submitted with the application. If adequate justification is received
				  and approved by the department an extension of the one year deadline may be
				  given.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.14 - Grantee accountability

Current through June 24, 2024
(1) RECORDS MANAGEMENT. Each grantee shall
				maintain an accounting system that accurately reflects all fiscal transactions,
				incorporates appropriate controls and safeguards, and provides good audit
				trails, particularly to source or original documents.
(a)
Accounting procedures
.
				Financial schedules and statements filed with grant applications and payment
				requests shall be based on records maintained under generally accepted
				accounting principles which meet the following minimum requirements:
1. Accounts shall separate grant receipts and
				eligible project costs from those allocable to other programs and
				activities.
2. Payments received
				under another state or federal cost sharing or grant program or from another
				municipality or any other outside funding source and expenditures shall be
				listed in sufficient detail to provide a basis for accurate and complete
				reporting.
3. Supporting records
				for all expenditures shall be itemized in sufficient detail to reflect the
				nature and propriety of each. Proof of payment, such as cancelled checks or
				receipts from vendors, shall be maintained.
4. If the owner uses its own labor force,
				payroll records shall be maintained that reflect actual program hours worked by
				each employee as well as allocable gross wages and fringe benefits paid. Time
				and attendance records describing the work performed, specifying project hours
				worked by day, and both signed by the employee and bearing evidence of
				management approval, shall be maintained, along with computations showing
				hourly pay rates and allocation of fringe benefits.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.15 - Variances

Current through June 24, 2024
The department may approve variances from nonstatutory
				  requirements of this chapter upon the request of a sponsor when the department
				  determines that variances are essential to effect necessary grant actions or
				  program objectives, and where special circumstances make such variances in the
				  best interest of the program. Before granting a variance, the department shall
				  take into account such factors as good cause and circumstances beyond the
				  control of the sponsor.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 335 - Municipal Dam Grant Program › Section NR 335.16 - Dam grant inventory

Current through June 24, 2024
(1) Projects will be added to the dam grant
				inventory after receipt of an application. By signing the application, the
				applicant is acknowledging they are aware the dam will be placed on the dam
				grant inventory.
(2) As part of the
				application, the department shall provide notice to the dam owner stating that
				it will proceed on the funding request and addition to the dam grant inventory
				without a hearing unless a request for a hearing is filed with the department
				by the dam owner.
(3) If a hearing
				is requested pursuant to notice under this subsection, the department may
				schedule the matter for hearing using the procedures under s.
				31.06(2),
				Stats., or may notify the owner that the dam has been removed from the dam
				grant inventory.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish procedures to
				  implement a dam removal financial assistance grant program, as provided for in
				  s.
				  31.385,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.02 - Applicability

Current through June 24, 2024
This chapter applies to:
(1) Counties, cities, townships, villages,
				public inland lake protection and rehabilitation districts, tribes or private
				dam owners for the removal of dams they own.
(2) Any person, including a state agency, who
				has obtained legal access to property for the purpose of removing a dam
				declared abandoned under s.
				31.187, Stats., or
				any structure acting as a dam in a waterway that is affecting the natural
				function of the stream.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.03 - Definitions

Current through June 24, 2024
The following definitions are applicable to this
				  chapter:
(1) "Abandoned dam" means a
				dam declared abandoned using the process under s.
				31.187,
				Stats.
(2) "Dam grant inventory"
				means the list of dams maintained by the department, that require a dam safety
				project and for which a grant application has been filed under s.
				31.385,
				Stats.
(3) "Dam removal project"
				means the activities associated with removal of a dam and related stream
				restoration.
(4) "Dam safety
				project" means the maintenance, repair, modification, or abandonment and
				removal of a dam to increase its safety or any other activity that will
				increase the safety of a dam.
(5)
				"Fringe benefits" means an employer's costs for an employee's social security,
				life and health insurance, unemployment insurance coverage, worker's
				compensation insurance, retirement plan and authorized absences from the job
				such as annual, sick, court or military leave. These costs shall be equitably
				distributed to all employee labor activities.
(6) "Indirect costs" are those ordinary
				operating expenses of the sponsor not directly related to a specific dam safety
				project.
Note: Indirect costs are generally administrative in nature,
				  and are typically incurred for multiple purposes. Examples of indirect costs
				  include, but are not limited to, utilities, administrative salaries, postage
				  and other expenses that are not supported by time reports or other
				  documentation that identifies the expenditure as directly assignable to a dam
				  safety project.
(7)
				"Project" means a dam removal project.
(8) "Project priority list" means a list of
				projects sequenced in the order of funding receipt.
(9) "Project termination date" means the date
				specified in the grant award by which the project is to be completed.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.04 - Variances

Current through June 24, 2024
The department may approve in writing a variance from a
				  requirement of this chapter if the department determines that a variance is
				  essential to effect necessary grant actions or program objectives and where
				  special circumstances make a variance in the best interest of the program.
				  Before approving a variance, the department shall take into account factors
				  such as good cause, circumstances beyond the control of the sponsor, financial
				  hardship and landowner demands. The department may not grant variances from
				  statutory requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.05 - General provisions

Current through June 24, 2024
(1)
(a)
				Projects may be added to the dam grant inventory after receipt of an
				application. By signing the application, the applicant is acknowledging they
				are aware the dam will be placed on the dam grant inventory.
(b) As part of the application, the
				department shall provide notice to the dam owner stating that it will proceed
				on the funding request and addition to the dam grant inventory without a
				hearing unless a request for a hearing is filed with the department by the dam
				owner.
(c) For abandoned dams, the
				department shall provide notice to the dam owner, if he or she can be
				identified, stating that it will proceed on the funding request and addition to
				the dam grant inventory without a hearing under this chapter unless a request
				for a hearing is filed with the department by the dam owner.
(d) If a hearing is requested pursuant to
				notice under this subsection, the department may schedule the matter for
				hearing using the procedures under s.
				31.06(2),
				Stats., or may notify the owner that the dam has been removed from the dam
				grant inventory.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.06 - Applications

Current through June 24, 2024
(1) Applications shall be made on department
				provided forms. The signed application shall be delivered to the department at
				the address specified on the application materials. Acceptable delivery methods
				shall be defined in the application materials.
(2) The application shall contain the
				following information:
(a) The applicant's
				name, mailing address, person to contact and telephone number.
(b) Identification of the dam to be
				removed.
(c) Property owners of the
				dam and underlying property.
(d)
				Authorization to apply for the grant, if the applicant is not the dam
				owner.
(e) Signature of the
				individual or authorized signature of other persons.
(f) The expected project completion date, not
				to exceed 2 years from the date of application.
(g) Identification of any other funding
				source that will be used to fund the dam removal project.
(h) A statement of the progress that has been
				made to obtain necessary permits for the dam removal project.
(i) A description of the project including
				conceptual design, project sequencing and cost estimate for all cost the
				applicant expects to be reimbursed under the grant.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.07 - Determination of project eligibility

Current through June 24, 2024
(1) Within 60
				calendar days of application receipt, the department shall notify the applicant
				in writing of its determination of eligibility.
(2) When funds are available, eligible
				applicants shall receive a grant award specifying terms of the award.
(3) Incomplete applications shall be
				designated as ineligible.
(4)
				Ineligible applicants may submit a new application.
Applicants may not begin construction until all applicable
					 state, federal and local permits and approvals have been obtained. The
					 department may rescind its notification of eligibility for funding if the
					 applicant fails to start the formal process to obtain an abandonment permit for
					 the dam and obtain other approvals for its removal within 6 months after the
					 application date.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.08 - Project priority list

Current through June 24, 2024
The department shall maintain a list containing the order of
				  projects eligible for funding. The order of funding is based on the date when
				  the department receives the application. Applications received on the same date
				  shall be randomly selected and ranked within that day.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.09 - Eligible and ineligible costs for dam safety projects

Current through June 24, 2024
(1) ELIGIBLE COSTS.
				Reasonable and necessary project costs that are consistent with the project
				scope and incurred during the project period are eligible for grant funds, as
				follows:
(a) Eligible costs may include, but
				are not limited to:
1. Labor costs directly
				related to and required for completing the project. Costs shall be based on the
				actual wage paid by the sponsor including salary and fringe benefits.
2. Direct costs for materials and equipment
				used for project-related purposes or the cost of the portion of materials or
				equipment time used for the project.
3. The cost of leased or rented equipment
				used for project-related purposes.
4. All costs shall be supported by time
				sheets, vouchers or similar documentation reflecting specific assignment to the
				project.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 336 - Dam Removal Grant Program › Section NR 336.10 - Grant awards

Current through June 24, 2024
(1) The grant award for a dam removal project
				is 100% of the eligible project cost not to exceed $50,000 or the maximum award
				amount identified in the application materials and may be limited by
				availability of grant funding.
(2)
				An awarded grant may be terminated by the department for violation of any term
				or condition of the award.
(3)
				Grant recipients may terminate the grant for any reason and at any
				time.
(4) A grant award may not be
				awarded under this program for a dam project that has already received a grant
				award through the Municipal Dam Grant program, administered under ch. NR 335,
				in the same year.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.01 - Purpose

Current through June 24, 2024
(1) This chapter is promulgated pursuant to
				ss.
				30.19,
				30.195,
				30.20,
				and
				227.11,
				Stats., in order to accomplish consistency in the application of ss.
				30.19,
				30.195
				and
				30.20,
				Stats., to nonmetallic mining and to give effect to the purpose for which those
				sections were enacted. Sections
				30.19,
				30.195
				and
				30.20,
				Stats., require that a permit may only be granted if an activity will not
				injure or be detrimental to public rights or interests in the waterway
				involved. It is recognized that without adequate controls serious degradation
				of water quality, fish and wildlife habitat, and public interests in recreation
				and scenic beauty could occur during and after the excavation, dredging or
				grading in or near navigable waterways. It is the purpose of this chapter to
				avoid unnecessary adverse effects and minimize the unavoidable adverse effects
				caused during and after such activities, to provide for the expeditious
				rehabilitation of affected land, and to restrict excavation, dredging and
				grading where the adverse effects cannot be minimized or avoided. Chapters
				NR 115,
				116, 117, 269 and
				500 to
				520 are applicable to nonmetallic
				mining projects authorized pursuant to this chapter. Other administrative rules
				may also be applicable.
(2) A
				secondary purpose of this chapter is to codify the definitions of certain terms
				in s.
				30.19,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.015 - Policy

Current through June 24, 2024
(1) The natural resources board recognizes,
				and has taken into consideration, the sensitivity of streams to the large-scale
				removal of native materials from the streambed and immediate banks. The
				potential consequences of this removal can be significant where the equilibrium
				of the stream is altered and compensating aggradation or degradation of the
				channel occurs downstream from the project location, or where the stability of
				the streambank is reduced and erosion, slope failure and siltation result.
				Aquatic resources can be significantly harmed when human-induced erosion,
				deposition, aggradation or degradation occur. The board also recognizes the
				difficulty in predicting when or where such effects will occur and, especially,
				the difficulty of preventing or reducing the magnitude of those effects once
				they have been detected.
(2) It is
				the policy of the natural resources board that nonmetallic mineral excavation
				in the channel and immediate banks of streams be carefully regulated in order
				to avoid or minimize adverse effects on aquatic resources. Therefore, the
				department shall, in its review of permit applications under this chapter,
				presume that excavation in the channel and immediate banks should be avoided
				where reasonable alternatives are available. The department shall require
				applicants to convincingly demonstrate a need for excavation of the channel or
				immediate banks by demonstrating after investigation that reasonable
				alternatives are not available. The department will only concur in such
				excavation when the applicant has demonstrated by a preponderance of the
				evidence that the excavation is technically, economically and environmentally
				feasible and meets other applicable requirements of law.
(3) The natural resources board has also
				determined that:
(a) No operation may be
				authorized in navigable waterways designated in s.
				NR
				102.10 as out standing resource waters which will
				result in a lowering of water quality or impair any use of the navigable
				waterway in any way.
(b) An
				operation of the type described in this chapter may not impair any existing use
				or result in a lowering of water quality of any high quality waters designated
				in s.
				NR
				102.04(3) (a) to (d) without
				satisfaction of the antidegradation requirements contained in ch. NR 207 and
				40 CFR
				131.12. These high quality waters include any
				navigable waterways where the water quality exceeds that required to achieve
				the fully fishable/swimmable goals of the federal clean water act (
				33 USC
				1251-
				1287
				).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.03 - Applicability

Current through June 24, 2024
(1) Except as provided in s.
				NR
				340.035, this chapter applies to all nonmetallic
				mining operations that require:
(a) A permit
				or contract pursuant to s.
				30.20,
				Stats., to remove material from the bed of a natural navigable waterway or a
				public artificial waterway;
(b) A
				permit pursuant to s.
				30.195,
				Stats., to change the course of or straighten a navigable stream; or
(c) A permit pursuant to s.
				30.19,
				Stats., to grade or otherwise remove topsoil from the bank or to enlarge a
				navigable waterway.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.035 - Exemption

Current through June 24, 2024
This chapter does not apply to nonmetallic mining operations
				  of less than one acre where the department determines that there is little
				  likelihood for adverse environmental effects. However, permits pursuant to ss.
				  30.19,
				  30.195
				  and
				  30.20,
				  Stats., are required and any applicable requirement of this chapter may be
				  incorporated into the permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.04 - Permit application

Current through June 24, 2024
The application for a s.
				  30.19,
				  30.195
				  or
				  30.20,
				  Stats., permit shall be submitted by the operator on a form provided by the
				  department and shall include the following:
(1) A description of the existing natural and
				physical conditions of the site, including necessary maps and cross sections,
				referenced to recoverable benchmarks, concerning:
(a) Soil and geologic composition of the
				project site;
(b) Location,
				dimensions and elevations of surface waters;
(c) The elevation of ground water throughout
				the nonmetallic mining site;
(d)
				Hydraulic cross sections of the floodplains of any streams;
(e) Location of manmade features in the
				site;
(f) Detailed map and
				description of the nature and extent of existing excavations, stockpiled
				materials, topsoil and refuse in the site;
(g) Historical and archaeological features,
				if known;
(h) Existing drainage
				patterns; and
(i) Existing
				topography. Contour maps of the site shall have contour intervals of no more
				than 2 feet where ground elevations will be changed and no more than 5 feet
				where ground elevations will not be changed, except that a wider contour
				interval may be approved in areas of steep topography.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.05 - Operation and reclamation plans

Current through June 24, 2024
Each permit application shall include, in addition to
				  information required in s.
				  NR 340.04, an
				  operation schedule and a detailed plan describing:
(1) The location, extent, depth and manner of
				operations anticipated for each stage of a staged operation including proposed
				means of loading and transporting material and the estimated volume and
				quantity of material to be extracted, accompanied by an adequate documentation
				of the basis for the estimates.
(2)
				The final configuration of the site including depth, location and extent of
				stockpiled materials, and disposal of refuse. The various types of materials
				involved shall be characterized.
(3) The progressive and final reclamation
				plans detailing the manner, time and location of:
(a) The removal, stockpiling and protection
				of all materials in conformance with the appropriate floodplain zoning
				ordinance and ch. NR 116;
Note: Net changes in ground contours in the floodway of a
				  stream, including temporary stockpiling, that may cause an increase in the
				  100-year flood elevation require an hydraulic analysis and may require other
				  action such as amending a flood profile or securing flooding easements to
				  comply with ch. NR 116 or a local floodplain zoning ordinance.
(b) Measures to screen the
				operation from view considering the general shoreland zoning requirements of s.
				NR
				115.05(1) (c) and the possible need
				for a buffer zone of sufficient width to prevent environmental
				pollution;
(c) Grading and
				stabilization of the site;
(d)
				Measures for diversion and drainage of ground and surface water from the site
				where necessary to prevent pollution of ground or surface water;
(e) Erosion and drainage control, and
				revegetation such as outlined in the department publication entitled Wisconsin
				construction site best management practice handbook for the slope and soil type
				or the Wisconsin department of transportation standard specifications for road
				and bridge construction minimum seeding requirements for rights-of-way, with
				diverse, self-regenerative species utilized where consistent with final
				reclamation.
Note: Since the methods cited above in par. (e) may not be
				  appropriate for all conditions encountered, the operator may submit alternate
				  techniques designed to achieve stabilization of the site.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.055 - Financial assurance

Current through June 24, 2024
A bond or alternative financial assurance is required for
				  each site and multiple sites of less than one acre by the same operator, except
				  that government units are not required to obtain bonds or alternative financial
				  assurance.
(1) NOTIFICATION. The
				department shall determine the required financial assurance level for
				progressive reclamation in staged operations or for reclamation in unstaged
				operations and shall notify the operator. Following approval of the permit, and
				as a condition of the permit, the operator shall file a bond as provided in
				sub. (2) or alternative financial assurance as provided in sub. (3) with the
				department. The bond or alternative financial assurance amount shall be
				sufficient to cover the cost to the state of hiring a contractor to complete
				reclamation or progressive reclamation in staged operations. The operator shall
				file the required bond or alternative financial assurance with the department
				prior to commencing the operation. Upon notification by the department of bond
				or alternative financial assurance approval, the operator may commence
				operations and reclamation activities.
(2) BOND REQUIREMENTS.
(a) Bonds shall be issued by a surety company
				licensed to do business in this state. At the option of the operator, a
				performance bond or a forfeiture bond may be filed. Surety companies may
				complete the reclamation plan in lieu of cash payment to the
				department.
(b) Each bond shall
				provide that the bond may not be cancelled by the surety, except after not less
				than 90 days notice to the department in writing by registered or certified
				mail. Not less than 30 days prior to the expiration of the 90 day notice of
				cancellation, the operator shall deliver to the department a replacement bond
				in absence of which the existing bond shall remain in effect.
(c) The bond shall provide that the operator
				will faithfully perform all requirements of ch. 30, Stats., and all provisions
				of this chapter and the permit.
(d)
				The bond shall be payable to the "State of Wisconsin, Department of Natural
				Resources".
(e) The bonding level
				for reclamation or progressive reclamation in staged operations shall be the
				larger amount of either $2,000 per acre or $0.25 per cubic yard of material
				excavated based on 1989 dollars unless the operator justifies a lesser amount
				to the department's satisfaction.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.06 - Permits

Current through June 24, 2024
(1) Permits shall be granted where the
				department finds that the provisions of this chapter and the relevant standards
				contained in ss.
				30.19,
				30.195
				and
				30.20,
				Stats., have been met.
(2) The
				initial permit issued to an operator shall be valid for a period not greater
				than 10 years. If no proceeding for revocation or violation of the permit has
				been initiated during the term of the permit and there are no other changed or
				previously unknown circumstances, including environmental considerations, the
				permit may, after notice and opportunity for hearing, be renewed for succeeding
				periods of up to 10 years.
(3)
				Permits shall be conditioned on compliance with the following:
(a) Operations shall be limited to the
				dimensions and depth approved by the department;
(b) Any permanent pond created in the
				100-year floodplain by operations where fish entrapment is likely to occur
				shall be of sufficient permanency, size, depth and quality to sustain fish and
				aquatic life and shall be open to the public for fishing after reclamation has
				been completed. A marked, easily usable public access shall be provided from
				the adjacent waterway;
(c) There
				may be no stockpiling or storage of materials contrary to s.
				30.12,
				Stats., ch. NR 116, or any local floodplain zoning ordinance;
(d) Progressive and final reclamation of the
				site;
(e) If deemed necessary by
				the department, banks and drainages to navigable waterways shall be stabilized
				prior to and during project operations, and drainages shall be filtered where
				necessary to prevent siltation and water turbidity;
Note: Operations that do not meet the effluent limitations in
				  ch. NR 269 will require a separate Wisconsin pollutant discharge elimination
				  system (WPDES) permit.
(f)
				The operator shall notify the department in writing at least 15 days prior to
				initial commencement of operations and not more than 15 days after the final
				reclamation;
(g) Other requirements
				as are necessary, such as incorporation of a buffer zone, to ensure project
				operation and progressive and final reclamation in a manner consistent with
				this chapter and to ensure the prevention of environmental pollution as defined
				in s.
				283.01(6m),
				Stats.; and
(h) That the operator
				acknowledges through acceptance of the permit that the department shall retain
				continuing jurisdiction in the matter.
(i) Reclamation as proposed in the plan
				required by s.
				NR
				340.05 shall comply with the reclamation standards
				established in ch. NR 135.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.07 - Violations

Current through June 24, 2024
(1) An operator found either conducting
				project operations without the required permits or violating the conditions of
				a permit shall be ordered to cease all operations immediately and submit a
				reclamation plan for the land already affected. Continued operation and
				after-the-fact permit approval shall be prohibited until the reclamation plan
				has been approved by the department and any necessary progressive reclamation
				has been completed.
(2) The
				department may cancel and rescind the permit of any operator who is in
				violation of this chapter.
(3) The
				procedures in subs. (1) and (2) shall be in addition to any other remedies the
				department may seek.
(4) If the
				department determines that abandonment of operations has occurred, the operator
				is in violation of the permit and may not be eligible for permit modification,
				extension or transfer.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.08 - Permit modifications

Current through June 24, 2024
(1) An operator, at any time prior to
				expiration of the permit, may apply for amendment or cancellation of a permit
				or for a change in the reclamation plan for a site. The application describing
				the amendment, cancellation or change shall be submitted by the operator on a
				form provided by the department and shall identify the tract of land to be
				added to or removed from the permitted site or to be affected by a change in
				the operation and reclamation plan. Any increase in the size of the site shall
				be subject to the notice and potential hearing provisions of s.
				30.02, Stats. The department may deny a
				permit modification when an operator is in violation of the existing permit.
Note: 2003 Wis. Act 118 repealed s.
				  30.02, Stats.
(2) When one operator succeeds to the
				interest of another in any uncompleted operation, the department shall release
				the first operator from the responsibilities imposed by s.
				30.19,
				30.195
				or
				30.20,
				Stats., and this chapter, as to the operation only if:
(a) Both operators are in compliance with the
				requirements and standards of this chapter and any permits granted under this
				chapter; and
(b) The successor
				operator assumes the responsibility of the former operator to complete the
				reclamation.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.09 - Permit extensions

Current through June 24, 2024
(1) Requests for permit extensions shall be
				submitted in writing to the department prior to the expiration date of the
				existing permit.
(2) No permit
				extension may be granted unless the operation is in compliance with the terms
				of the existing permit.
(3) Permit
				extensions may be granted for up to 3 years.
(4) Permit extensions may be conditioned upon
				correction of any unanticipated environmental damage occurring during the
				original permit.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 340 - Nonmetallic mining and reclamation associated with navigable waterways and adjacent areas › Section NR 340.10 - Inspections

Current through June 24, 2024
Each operation shall be inspected by department personnel at
				  least once annually to ensure that the operation is in conformance with the
				  operation's permit and progressive reclamation plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish criteria defining
				  those activities needing a grading permit for grading sites as required by s.
				  30.19(1g)
				  (c), Stats.; and to specify permit
				  requirements necessary to protect public rights and interest and to protect
				  riparian rights for grading sites regulated under this
				  chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.02 - Applicability

Current through June 24, 2024
(1) GRADING SITES. This chapter applies to
				activities regulated under s.
				30.19(1g) (c),
				Stats. An application for a grading permit shall be filed with the department
				pursuant to ch. NR 300 by any person that intends to grade or remove soil from
				the bank of any navigable waterway where the area exposed by the grading or
				removal will exceed 10,000 square feet on the surface of the bank as determined
				in s. NR 341.035. This includes areas that are part of a larger common plan of
				development or sale where multiple separate and distinct grading activities may
				be taking place at different times on different schedules, but under one plan,
				such that the total area exposed by grading or removal will exceed 10,000
				square feet on the bank.
Note:
Nonmetallic mining projects shall be
				  processed under ch. NR 340 and shall meet all the standards in ch. NR 340 not
				  ch. NR 341.
(2) NR 216
				construction permits. Sites in compliance with a construction site stormwater
				discharge permit administered under subch. III of ch. NR 216 and also meeting
				the conditions of s. NR 341.08 shall be deemed to be in compliance with the
				provisions of this chapter.
(3)
				LOCAL ADMINISTRATION OF NR 216. Sites in compliance with the terms of an
				authorized local program for the administration of construction site stormwater
				discharge permits under subch. III of ch. NR 216, and consistent with the
				conditions of s. NR 341.08 as well as procedural requirements agreed to in
				writing between the department and the municipality shall be deemed to be in
				compliance with the provisions of this chapter.
(4) EXEMPTIONS. This chapter does not apply
				to:
(a) The construction or repair of any
				public highway, where public highway has the meaning given for highway in s.
				340.01(22),
				Stats.
(b) Any agricultural use of
				land.
(c) An activity that affects
				a navigable inland lake that is located wholly or partly in any county having a
				population of 750,000 or more.
(d)
				Any activity that affects a portion of Lake Michigan, Lake Superior or a
				navigable stream that is located within a county having a population of 750,000
				or more.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.035 - Bank determination

Current through June 24, 2024
(1) DETERMINATION OF THE BANK. For purposes
				of establishing jurisdiction under s.
				30.19,
				Stats., the bank of a navigable waterway shall be determined as follows:
(a)
Non-priority navigable
				waterways
. For navigable waterways that are not priority navigable
				waterways, the bank is 75 feet landward from the ordinary high water mark.
				However, if at 75 feet or less from the ordinary high water mark the slope is
				12% or greater, the bank shall extend further landward to the point where the
				slope of the land becomes less than 12%, provided the slope is less than 12%
				for more than 50 feet. See Figure 1.
See
								Image
(b)
Priority navigable waterways
. For priority navigable
				waterways, the bank is 300 feet landward from the ordinary high water mark.
				However, if at 300 feet or less from the ordinary high water mark the slope is
				10% or greater, the bank shall extend further landward to the point where the
				slope of the land becomes less than 10%, provided the slope is less than 10%
				for more than 50 feet.
(c)
Complete interruption
. Notwithstanding pars. (a) and (b), the
				bank may not include any areas where the slope or drainage of the land into the
				navigable waterway is completely interrupted. Completely interrupted means a
				topographic break that stops runoff from reaching navigable waters.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.04 - Grading application

Current through June 24, 2024
All of the following information shall be submitted for a
				  grading application:
(1) OWNERSHIP. A
				copy of the deed, lease, land contract or other document showing ownership of
				the project site.
(2) PHOTOS.
				Photographs that clearly show the existing project area with a size
				reference.
(3) PERMISSION.
				Permission from landowners for department staff to enter the site.
(4) PLANS. Plan drawing sheet.
(5) DESCRIPTION. A narrative description of
				the grading proposal describing:
(a) The
				project purpose.
(b) Methods,
				materials and equipment to be used.
(c) A construction schedule and sequence of
				work.
(d) Erosion control and
				stormwater management plans in accordance with ss.
				NR
				341.05 and
				341.06.
(e) Site map in accordance with s.
				NR
				341.05(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.05 - Erosion control plan requirements

Current through June 24, 2024
(1) SITE-SPECIFIC
				PLAN. Any person required to submit an application for a grading permit under
				this chapter shall develop a site specific erosion control plan in accordance
				with s.
				NR
				216.46.
(2) SITE MAP REQUIREMENTS. Each grading site
				map shall include all of the following:
(a)
				Existing topography and drainage patterns, roads, waterways, wetlands, property
				and floodplain boundaries.
(b) Two
				foot pre- and post-construction contours for project sites of one acre or
				more.
(c) Location, description and
				elevation of a reference benchmark.
(d) Horizontal and vertical scale and north
				arrow.
(e) Approximate
				identification of the ordinary high water mark.
(f) Area and distance between the grading
				project and the navigable waterway to be left undisturbed.
(g) Boundaries of the construction site,
				including the area of land disturbing construction activity.
(h) Drainage patterns and approximate slopes
				anticipated after grading activities, including the existing and proposed slope
				of the bank and the water level of the existing waterway.
(i) Area of soil disturbance in square
				feet.
(j) Volume of earth to be
				added or removed in cubic yards.
(k) Location of any disposal area for dredged
				or excavated materials.
(L)
				Location of major structural and non-structural controls identified in the
				erosion control plan.
(m) Location
				of areas where stabilization practices will be employed.
(n) Areas that will be vegetated following
				land disturbing construction activities.
(o) A vegetation plan that provides for a
				self-sustaining vegetative cover of at least 70% for all pervious areas, and is
				sufficient to provide for bank stability, maintenance of fish habitat and
				filtering of pollutants from upslope overland flow areas under sheet flow
				conditions.
(p) Areas used for
				infiltration of post-construction stormwater runoff.
(q) An alphanumeric or equivalent coordinate
				system for the entire grading site for sites of one acre or more.
(r) Cross sections of pre- and
				post-construction contours, sufficient to show slope variability across the
				site with a minimum of one for every 50 feet of shoreline frontage. If the site
				is uniform, only one cross section is necessary.
(s) Where wetlands are present, a wetland
				delineation report.
Note: Many of the requirements for a grading project site map
				  are identical to the construction site map requirements of s.
				  NR
				  216.46. A site map prepared to meet the requirements
				  of s.
				  NR
				  216.46 will need to add the information requested in
				  pars. (b) to (f), (j), (k), (o), (r) and (s).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.06 - Stormwater management plan requirements

Current through June 24, 2024
Pollution caused by stormwater discharges from the grading
				  site after construction is completed, including rooftops, parking lots,
				  roadways and the maintenance of grassed areas, shall be addressed by a
				  stormwater management plan. Any person required to submit an application for a
				  grading permit under this chapter shall develop one of the following site
				  specific stormwater management plans:
(1) SITES GREATER THAN ONE ACRE OF LAND
				DISTURBANCE. A stormwater management plan shall be developed in accordance with
				s.
				NR
				216.47 prior to submitting an application for a
				grading permit to the department. The plan shall be implemented upon final
				stabilization of the grading site.
(2) SITES LESS THAN ONE ACRE OF LAND
				DISTURBANCE. A stormwater management plan shall, to the maximum extent
				practicable, direct runoff from impervious surfaces onto pervious surfaces.
				Examples may include directing downspouts onto lawns and away from pavement,
				driveways sloped onto lawns, and avoidance of piping or channelizing flow from
				impervious areas into waters of the state. The plan shall be implemented upon
				final stabilization of the grading site.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.07 - Construction site inspections and maintenance

Current through June 24, 2024
Any person required to submit an application for a grading
				  permit under this chapter shall follow the reporting and monitoring
				  requirements in s.
				  NR
				  216.48(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.08 - General permit for project sites

Current through June 24, 2024
(1) PROCEDURES.
(a) General permits shall be processed
				according to the procedures in ch. NR 300.
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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 341 - Grading On The Bank Of Navigable Waterways › Section NR 341.09 - Individual permits

Current through June 24, 2024
(1) PROCEDURES.
(a) Individual permits shall be processed
				according to the procedures in ch. NR 300.
(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 an individual permit.