Amendment SSA2-AB426

AB426-SSA2,123,25 (6) Wetland water quality standards. The following wetland water quality standards shall apply to any water quality certification under sub. (4) or (5):

AB426-SSA2,124,5 (a) Adverse impacts to the functional values and water quality of wetlands and adverse impacts to other waters of the state that are influenced by wetlands shall be minimized, and any significant adverse impacts remaining after minimization shall be subject to a mitigation program under sub. (8). For purposes of this section, functional values and uses consist of all of the following:

AB426-SSA2,124,7 1. Storm and flood water storage and retention and the moderation of water level fluctuation extremes.

AB426-SSA2,124,10 2. Hydrologic functions including the maintenance of dry season streamflow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, and the flow of groundwater through a wetland.

AB426-SSA2,124,12 3. Filtration or storage of sediments, nutrients, or toxic substances that would otherwise adversely impact the quality of waters of the state.

AB426-SSA2,124,14 4. Shoreline protection against erosion through the dissipation of wave energy and water velocity and anchoring of sediments.

AB426-SSA2,124,18 5. Habitat for aquatic organisms in the food web including fish, crustaceans, mollusks, insects, annelids, and planktonic organisms and the plants and animals upon which these aquatic organisms feed and depend upon for their needs in all life stages.

AB426-SSA2,124,21 6. Habitat for resident and transient wildlife species, including mammals, birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel corridors, and food.

AB426-SSA2,124,23 7. Recreational, cultural, educational, scientific, and natural scenic beauty values and uses.

AB426-SSA2,125,2 (b) All of the following shall be minimized in order to avoid significant adverse impacts for the purpose of maintaining or enhancing the functional values and water quality identified under par. (a), and any minimization of the following must be taken into account in the department's evaluation of significant adverse impacts:

AB426-SSA2,125,3 1. The use of liquids, fill, or other solids or gases.

AB426-SSA2,125,4 2. The presence of floating or submerged debris, oil, or other material.

AB426-SSA2,125,5 3. The use of materials producing color, odor, taste, or unsightliness.

AB426-SSA2,125,7 4. The presence of concentrations or combinations of substances that are toxic or harmful to human, animal, or plant life.

AB426-SSA2,125,10 5. Adverse effects on hydrological conditions necessary to support the biological and physical characteristics that are naturally present in wetlands. For purposes of this subdivision, the hydrological conditions include of all of the following:

AB426-SSA2,125,11 a. Water currents and erosion and sedimentation patterns.

AB426-SSA2,125,12 b. Water temperature variations.

AB426-SSA2,125,13 c. The chemical, nutrient, and dissolved oxygen regime of the wetland.

AB426-SSA2,125,14 d. The movement of aquatic fauna.

AB426-SSA2,125,15 e. The pH of the wetland.

AB426-SSA2,125,16 f. Water levels or elevations.

AB426-SSA2,125,18 6. Adverse effects on existing habitat and populations of animals and vegetation found in wetlands.

AB426-SSA2,125,22 (6m) Scope of evaluation. For purposes of issuing a water quality certification under sub. (4) or (5), the department shall evaluate whether an activity will result in a significant adverse impact to the functional values and water quality associated with a wetland by doing all of the following:

AB426-SSA2,126,2 (a) Comparing the functional values and water quality of the wetland with other wetlands located within the boundaries of the mining site or within the same water management unit as the mining site and with other waters of the state that are located in the same water management unit.

AB426-SSA2,126,4 (b) Taking into consideration the floristic province in which the mining site is located.

AB426-SSA2,126,7 (7) Approval by department; nonfederal wetlands. The department shall issue a water quality certification under this section for a nonfederal wetland, if the department determines all of the following:

AB426-SSA2,126,9 (a) All practicable measures will be taken to minimize the adverse impacts to wetlands.

AB426-SSA2,126,11 (b) Any significant adverse impacts to functional values and water quality that remain are offset through a mitigation program under sub. (8).

AB426-SSA2,126,14 (8) Mitigation program. (a) Contents. A mitigation program to offset significant adverse impacts to functional values and water quality of wetlands shall contain all of the following:

AB426-SSA2,126,17 1. Proposed projects for mitigation and a schedule for implementing the projects. These projects may be performed by a person other than the applicant, subject to the department's approval of the projects and schedule.

AB426-SSA2,126,19 2. If the program is applicable to a federal wetland, all federal compensatory mitigation requirements associated with the federal wetland application.

AB426-SSA2,126,24 (b) Option of applicant. An applicant submitting a program under par. (a) may submit options for mitigation. These options may include any combination of the types of mitigation specified in par. (d). In preparing the program, the applicant shall identify and consider mitigation that could be conducted within the same watershed in which the mining site is located.

AB426-SSA2,127,4 (c) Ratios for mitigation. The amount of mitigation required may not exceed 1.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of credits in a mitigation bank, each acre that is subject to mitigation shall count as at least one credit.

AB426-SSA2,127,9 (d) Sequence. If it is not practicable or ecologically preferable to conduct mitigation at an on-site location or if there is no on-site location that will provide sufficient wetland acreage, the department shall allow the applicant to conduct mitigation at a site other than an on-site location, subject to par. (e). Mitigation under a program under par. (a) shall be accomplished through the following types:

AB426-SSA2,127,10 1. Implementation of a project for mitigation.

AB426-SSA2,127,12 2. Purchase of mitigation credits from a mitigation bank for a site in a mitigation bank that is located anywhere in the state subject to par. (e).

AB426-SSA2,127,16 3. Purchase of mitigation credits from a mitigation bank established prior to February 1, 2002, if the department determines that the bank sponsor is in compliance with any applicable memorandum of understanding between the bank sponsor and the department.

AB426-SSA2,127,18 4. Participation in the in lieu fee subprogram, if such a subprogram is established under s. 281.36 (3r) (e).

AB426-SSA2,127,22 (e) If a mining operation is located in whole or in part within the ceded territory, any mitigation including mitigation accomplished through the purchase of mitigation bank credits and the in-lieu fee subprogram that is authorized or required by the department shall occur within the ceded territory.

AB426-SSA2,127,25 (9) Mining permit. Any water quality certification issued by the department, including all of the conditions imposed as part of the certification, shall be included in the mining permit.

AB426-SSA2,128,10 (10) Conservation easements. (a) A person who is the holder of a water quality certification that authorizes mitigation to be implemented by the holder of the certification at an on-site location shall grant a conservation easement under s. 700.40 to the department to ensure that the wetland that is subject to the mitigation will not be destroyed or substantially degraded by any subsequent proprietor of or holder of interest in the property on which the wetland is located. The department shall suspend the mining permit if the holder of the permit fails to grant the easement within the time limit set forth in the mining permit. If the holder subsequently grants the conservation easement to the department, the department shall reinstate the mining permit.

AB426-SSA2,128,12 (b) Notwithstanding par. (a), the department shall modify or release a conservation easement granted under par. (a) if all of the following apply:

AB426-SSA2,128,14 1. The department determines that part or all of the wetland subject to the mitigation ceases to be a wetland.

AB426-SSA2,128,16 2. The person who is required to grant the conservation easement did not contribute to the loss of the wetland as specified in subd. 1.

AB426-SSA2,128,19 3. Any subsequent proprietor of or holder of interest in the property on which the wetland specified in subd. 1. is located did not contribute to the loss of the wetland.

AB426-SSA2,128,23 (11) Exemptions. (a) Artificial wetlands. All of the following artificial wetlands that are associated with a mining operation are exempt from the water quality certification provisions and mitigation provisions under this section and under any other statute or rule relating to impacts on wetlands:

AB426-SSA2,129,3 1. An artificial wetland that is a sedimentation or stormwater detention basin or associated conveyance feature operated and maintained only for sediment detention and flood storage purposes.

AB426-SSA2,129,5 2. An artificial wetland that is an active sewage lagoon, cooling pond, waste disposal pit, fish rearing pond, or landscape pond.

AB426-SSA2,129,7 3. An artificial wetland that is actively maintained farm drainage and roadside ditches.

AB426-SSA2,129,8 4. An artificial wetland as part of an active mining operation.

AB426-SSA2,129,13 (c) Other exempted activities. For nonfederal wetlands, all of the following activities that are associated with a mining operation or bulk sampling are exempt from the water quality provisions and mitigation provisions under this section and any other law relating to impact on wetlands if the applicant minimizes any adverse effect on the environment as a result of the activities:

AB426-SSA2,129,15 1. Maintenance, emergency repair, or reconstruction of damaged parts of structures that are in use in a wetland.

AB426-SSA2,129,16 2. Construction or maintenance of irrigation or drainage ditches.

AB426-SSA2,129,19 3. Construction or maintenance of farm roads, forest roads, or temporary mining roads that is performed in accordance with best management practices, as determined by the department.

AB426-SSA2,129,21 (12) Relationship to other laws. None of the following apply to a mining operation or bulk sampling:

AB426-SSA2,129,22 (a) Section 281.36, except as otherwise specifically provided in this section.

AB426-SSA2,129,25 (b) Any rule promulgated by the department relating to wetlands that conflicts with this section, except that no rule promulgated by the department under s. 281.36 applies to a mining operation or bulk sampling.

AB426-SSA2,130,3 295.605 Impacts to navigable waters. (1) Definition. In this section, "navigable water activity" means an activity for which a permit or contract is required under s. 30.12, 30.123, 30.19, 30.195, or 30.20.

AB426-SSA2,130,6 (2) Permit or contract required. No person may engage in any navigable water activity associated with bulk sampling or mining unless the person has been issued a permit or entered into a contract as provided under sub. (4).

AB426-SSA2,130,9 (3) Application; riparian status. (a) Any person who intends to engage in a navigable water activity associated with bulk sampling or mining need not be a riparian owner to do any of the following:

AB426-SSA2,130,11 1. Apply for and be issued an individual permit for a navigable water activity under s. 30.12, 30.123, 30.19, or 30.195.

AB426-SSA2,130,12 1m. Enter into a contract under s. 30.20.

AB426-SSA2,130,14 2. Engage in an activity that is exempt under s. 30.12, 30.123, 30.19, 30.195, or 30.20.

AB426-SSA2,130,16 3. Seek authorization under a general permit issued under s. 30.12, 30.123, 30.19, or 30.20.

AB426-SSA2,130,20 (b) If a person is applying for more than one permit or contract for a navigable water activity associated with bulk sampling or mining, the person may file a single application. The application shall include any information requested by the department under s. 295.45 (3).

AB426-SSA2,130,23 (4) Requirements. (a) Generally. The department shall issue a permit, or enter into a contract, for a navigable water activity if the navigable water activity meets all of the following requirements:

AB426-SSA2,130,25 1. The navigable water activity will not significantly impair public rights and interests in a navigable water.

AB426-SSA2,131,2 2. The navigable water activity will not significantly reduce the effective flood flow capacity of a stream.

AB426-SSA2,131,4 3. The navigable water activity will not significantly affect the rights of riparian owners or the applicant obtains the consent of the riparian owners.

AB426-SSA2,131,5 4. The navigable water activity will not significantly degrade water quality.

AB426-SSA2,131,9 (b) Measures. The person applying for the permit or contract shall submit a plan to the department containing proposed measures to meet the requirements under par. (a) and a proposed schedule for implementing the measures. The plan shall include one or more of the following measures:

AB426-SSA2,131,12 1. Measures to offset significant impacts to navigable waters by providing public access to, restoring, or enlarging up to 1.5 acres of navigable waters in exchange for each acre of navigable waters that is significantly impacted.

AB426-SSA2,131,13 2. Measures to improve public rights or interests in navigable waters.

AB426-SSA2,131,14 3. Measures to offset significant impacts to water quality or quantity.

AB426-SSA2,131,15 4. Measures to enhance flood storage.

AB426-SSA2,131,16 5. Mitigation as provided under s. 295.60.

AB426-SSA2,131,17 6. Conservation measures as provided in s. 295.61.

AB426-SSA2,131,24 (bn) Plan review; finding. In reviewing the plan, the department may require that measures that are in addition to, or in conjunction with, one or more of the measures specified in par. (b) 1. to 6. be included in the plan. After reviewing the plan and application, if the department finds that the requirements under par. (a) will be met by implementing some or all of the measures contained in the plan, the department shall determine which measures shall be required, shall approve a schedule for implementation, and shall issue the permit or enter into the contract.

AB426-SSA2,132,6 (c) Applicability of requirements. The requirements that are specified in par. (a) 1. to 4. are in lieu of any requirements required for permits under ss. 30.12 (3m) (c), 30.123 (8) (c), 30.19 (4) (c), and 30.195 (2) (c) and are in lieu of any requirements for contracts under s. 30.20 that relate to the state's or public's interests and shall be used, in conjunction with the measures required under par. (b), in any evaluation by the department pursuant to 33 USC 1341.

AB426-SSA2,132,9 (5) Permit conditions. The department may impose conditions in a permit for a navigable water activity that it determines to be necessary to ensure that the navigable water activities subject to the permit meet the requirements under par. (a).

AB426-SSA2,132,12 (6) Relationship to other laws. (a) Chapter 30 and any rules promulgated under that chapter apply to any navigable water activity subject to this section to the extent that they do not conflict with this section, except as provided in par. (b).

AB426-SSA2,132,15 (b) Sections 30.208, 30.209, and 30.2095 and any rules promulgated under those sections, do not apply to any navigable water activity that is subject to this section.

AB426-SSA2,132,16 295.607 Shoreland and floodplain zoning. (1) (a) In this section:

AB426-SSA2,132,18 1. "Development or construction activity" means a waste site, structure, building, fill, or other development or construction activity.

AB426-SSA2,132,20 2. "Floodplain zoning ordinance" means a municipal floodplain zoning ordinance adopted under s. 87.30.

AB426-SSA2,132,22 3. "Shoreland zoning ordinance" means a shoreland zoning ordinance or regulation adopted under s. 59.692, 61.351, 62.231, or 281.31.

AB426-SSA2,133,2 (2) (a) The department may not prohibit a development or construction activity to be located in an area that would otherwise be prohibited under a shoreland ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58.

AB426-SSA2,133,8 (b) A development or construction activity located in an area that would otherwise be prohibited under a shoreland zoning ordinance does not violate the applicable ordinance if the development or construction activity is authorized by the department as part of a mining operation covered by a mining permit under s. 295.58. No shoreland zoning variance is required for a development or construction activity located as provided under this paragraph.

AB426-SSA2,133,13 (3) A municipal floodplain zoning ordinance under s. 87.30 may not prohibit development or construction activity authorized by the department as part of a mining operation covered by a mining permit under s. 295.58, except to the extent necessary for the municipality to which the floodplain zoning ordinance applies to maintain eligibility for participation in the National Flood Insurance Program.