NR 345.04(2)(ir)2. 2. The project shall be conducted when the exposed lakebed is dry.
NR 345.04(2)(ir)3. 3. The project area to which this general permit applies shall be under the same ownership as the applicant.
NR 345.04(2)(ir)4. 4. The use of the motor vehicle is for the purpose of controlling emergent invasive or nonnative aquatic plant species as designated by the department under s. 23.24, Stats., and s. NR 109.07.
NR 345.04(2)(ir)5. 5. The use of the motor vehicle is for mowing or spreading herbicide in conformance with a written invasive or nonnative aquatic plant species control plan approved by the department.
NR 345.04 Note Note: An invasive or nonnative aquatic plant species control plan, as required under s. NR 109.04 (3) and described in s. NR 109.09, must contain the following items: a description of the existing condition including the types of plants present and their abundance; a strategy for the control of the invasive or nonnative aquatic plant species; a plan for the re-establishment of the native plant community; and a monitoring plan to assess the success or failure of the control plan.
NR 345.04(2)(ir)6. 6. For projects requiring a permit under ch. NR 107 or 109, before the department can consider the application complete or issue a general permit under this section, the applicant shall submit documentation to demonstrate that a permit under ch. NR 107 or 109 has been applied for.
NR 345.04 Note Note: The chemical treatment of aquatic plants may require a permit under ch. NR 107 and physical removal of aquatic plants may require a permit under ch. NR 109.
NR 345.04(2)(ir)7. 7. The motor vehicle may only be operated in the specific area that is detailed in the approved invasive species control plan or permit. This permit does not authorize the operation of any motor vehicle in areas outside of those designated in the approved plan or permit.
NR 345.04(2)(ir)8. 8. Equipment used shall be low ground pressure equipment, including wide-tire vehicles, and tracked equipment, to minimize rutting. Equipment operation shall cease when rutting occurs. Any rutting of the lakebed shall be immediately restored by the operator of the vehicle.
NR 345.04 Note Note: The depth of the rut is measured from the original lakebed surface to the bottom of the depression. If individual lug depressions are visible, the depth would be measured to the lesser of the 2 depths (e.g., the top of the lug). Measurements are not cumulative.
NR 345.04(2)(ir)9. 9. The motor vehicle shall be used in a manner that minimizes the impacts to the native lakebed material and any surrounding native vegetation.
NR 345.04(2)(ir)10. 10. To minimize impacts to small animals and native plants and to prevent soil disruption and rhizome spread, the mowing deck shall be set no lower than 4 inches above the ground when operating equipment.
NR 345.04(2)(ir)11. 11. To protect wildlife habitat during nesting seasons, the use of a motor vehicle to control emergent invasive or nonnative aquatic plant species may only occur between August 1st and March 15th of the subsequent year.
NR 345.04(2)(ir)12. 12. The applicant may request that the requirement in subd. 11. be waived by the department on a case-by-case basis, by submitting a written statement signed by the local department wildlife biologist, documenting consultation about the proposed control plan, and that the local department wildlife biologist has determined that the requirements of subd. 11. are not necessary to protect wildlife habitat during the nesting season for the proposed project.
NR 345.04(2)(j) (j) Individual permit or contract required.
NR 345.04(2)(j)1.1. Activities which do not meet the standards in par. (c) and either par. (d), (e), (f), (g), (h), (i), (im), (ir) or (j) shall require an individual permit or contract.
NR 345.04(2)(j)2. 2. The department has authority under s. 30.206 (3r), Stats., to require an individual permit or contract in lieu of a general permit.
NR 345.04(3) (3)Individual permits.
NR 345.04(3)(a)(a) Procedures.
NR 345.04(3)(a)1.1. Individual permits shall be processed according to the procedures in ch. NR 310.
NR 345.04(3)(a)2. 2. If the department determines that a 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 an individual permit until the applicant submits documentation to demonstrate one of the following:
NR 345.04(3)(a)2.a. a. The project avoids impacts to the endangered or threatened species in accordance with s. 29.604, Stats.
NR 345.04(3)(a)2.b. b. The project has received an incidental take authorization under s. 29.604, Stats.
NR 345.04(3)(a)3. 3. If the applicant modifies their project plans to meet the requirements of subd. 2., the modified plans shall be submitted before the department can consider the application complete or issue an individual permit.
NR 345.04(3)(b) (b) Applicable activities. Any dredging which is not exempt under sub. (1) and is not authorized by a general permit under sub. (2), requires authorization by an individual permit pursuant to s. 30.20 (1), Stats.
NR 345.04(3)(c) (c) Standards.
NR 345.04(3)(c)1.1. Dredging which meets the standards in s. 30.20 (2), Stats., may be authorized under an individual permit or contract.
NR 345.04(3)(c)2. 2. All applicable provisions in chs. NR 346 and 347 shall be met.
NR 345.04 History History: CR 04-087: cr. Register April 2005 No. 592, eff. 5-1-05; CR 05-037: am. (1) (d), cr. (2) (a) 4., and (2) (f) to (i), am. (2) (b), renum. (2) (f) to be (2) (j) and am. Register December 2005 No. 600, eff. 1-1-06; CR 07-112: cr. (2) (a) 2m., (im) and (ir), am. (2) (a) 3., (b), (c) (intro.), 7., 9. and (j) 1. Register July 2008 No. 631, eff. 8-1-08; correction in (2) (im) 2. made under s. 13.92 (4) (b) 7., Stats., Register July 2008 No. 631; CR 07-094: cr. (1) (c) 6. and (d) 9., r. and recr. (2) (c) 9. Register November 2008 No. 635, eff. 12-1-08; correction to (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689; CR 13-022: r. (2) (e) 6., (g) 2. Register March 2014 No. 699, eff. 4-1-14.
NR 345.05 NR 345.05Enforcement.
NR 345.05(1) (1) Noncompliance with the provisions of ss. 30.20 and 30.206, Stats., this chapter, or any conditions of an exemption, general permit or individual permit issued by the department, constitutes a violation and may result in a forfeiture. The department may seek abatement under s. 30.294, Stats., for any violation of ss. 30.20 and 30.206, Stats.
NR 345.05(2) (2) If the activity may be authorized by a general permit under s. 30.206, Stats., failure of an applicant to follow procedural requirements may not, by itself, result in abatement of the activity.
NR 345.05(3) (3) When an after-the-fact permit application has been filed with the department, the department shall follow the procedures in ch. NR 301 for violations.
NR 345.05(4) (4) Any violation of these rules shall be treated as a violation of the statutes they interpret or are promulgated under.
NR 345.05(5) (5) No person may remove material from the bed of a navigable waterway if the activity is not eligible for an exemption, authorized by a general permit or individual permit issued under this chapter, or otherwise authorized under this chapter.
NR 345.05 History History: CR 04-087: cr. Register April 2005 No. 592, eff. 5-1-05.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.