Attachment_N_-_Permits.pdf

April 29, 2019 GP-NO-2019-4-T01235, T01237, T01238, and T01241

USFS

Mark Beuning

22223 STH 13

Glidden, WI 54527

RE: Coverage under the wetland and waterway statewide general permit for municipalities to construct, reconstruct or maintain highways, bridges, arches and culverts, located in Bayfield County.

Dear Mark:

Thank you for submitting an application for coverage under the wetland and waterway statewide general permit for municipalities to construct, reconstruct or maintain highways, bridges, arches and culverts, 30.206. Please note, additional permitting information can be found by following the hyperlinks throughout the electronic version of this document.

Project Description FR224 (Star Lake Rd.) over trib. to Anodata Lake and trib. to unnamed lake, Proposed 60” culvert and 36” culvert. Sec. 15, T45N, R7W.

FR404 (Burgson Rd.) over trib. to Jader Creek, 13’1” x 8’4” x 54 foot pipe arch culvert. SW ¼, Sec.

26, T45N, R7W.

FR360 (Mulligan Creek Rd.) over unnamed lake, Existing 18” x 48 foot culvert. Proposed 103” x 71” x 48 foot culvert. Sec. 20, T44N, R8W.

FR425 (Finger Lake Rd.)over Camp One Creek, Existing 24” x 50 foot culvert. Proposed 57” x 38” x 50 foot culvert. Sec. 33, T47N, R7W.

You have certified that your project meets the eligibility criteria and conditions for this activity.

Based upon your signed certification you may proceed with your project. Please take this time to re-read the permit eligibility standards and conditions. The eligibility standards can be found on your application checklist or in the statewide general permit, WDNR-GP2-2017. The permit conditions are attached to this letter. You are responsible for meeting all general permit eligibility standards and permit conditions. This includes notifying the Department before starting the project, and submitting photographs within one week of project completion. Please note your coverage is valid for 5 years from the date of the department’s determination or until the activity is completed, whichever occurs first.

Wetlands According to the project information submitted, no wetland fill is anticipated as a result of the project.

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

810 W Maple Street Spooner, WI 54801 wisconsin.gov Printed on Recycled

Paper dnr.wi.gov

Tony Evers, Governor Preston D. Cole, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463

TTY Access via relay - 711 http://dnr.wi.gov/topic/Sectors/documents/Transportation/WDNR-GP2-2017FINAL.pdf

Endangered Resources The Natural Heritage Inventory (NHI)* was reviewed on April 30, 2019. No threatened/endangered resources are anticipated to be impacted from the proposed projects.

Waterway BMPs These culvert replacements are all on warm water streams. Therefore, culvert replacement work should not take place between March 1 and June 15, both dates inclusive. This construction BMP minimizes impacts to fish and other aquatic organisms during sensitive time periods such as spawning, winter dormancy, and migration.

Inspections The Department conducts routine inspections and may follow up to inspect your project to verify compliance with state statutes and codes. If you decide to modify your project, please contact your local Department Transportation Liaison to discuss any proposed modifications.

Federal & Local Permitting The municipality is responsible for obtaining any local, state or federal permits that may be required before starting your project.

If you have any questions regarding the contents of this letter, please call me at (715) 635-4228 or email shawn.haseleu@wisconsin.gov.

Sincerely, Shawn Haseleu WDNR Transportation Liaison cc: Bill Sande, U.S. Army Corps of Engineers Bayfield County Zoning Administrator Jim Mineau, USFS

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

GENERAL PERMIT TO PLACE FISH/WILDLIFE HABITAT

STRUCTURES, BOAT LANDINGS, AND STREAM CROSSINGS

(CULVERTS/BRIDGES/FORDS/TEMPORARY CROSSINGS) IN NAVIGABLE

WATERS, DREDGE OR PLACE MATERIAL ON THE BED OF A STREAM CHANNEL,

AND DISCHARGE RELATED FILL INTO WETLANDS OF WISCONSIN

PERMITTEE: The USDA Forest Service Chequamegon-Nicolet National Forest, a

Federal Agency

PERMIT NO: GP14-2016-WI (WDNR-GP14-2016)

ISSUING OFFICE: Waterways & Wetland Protection Section, Watershed

Management Program, Office of Business Support & External Services, Wisconsin Department of Natural Resources

ISSUANCE DATE: 04/27/2016

EXPIRATION DATE: 04/27/2021

GENERAL PERMIT AUTHORIZATIONS:

In compliance with Wisconsin Statutes section 30.12(1) and (2m), no person may place any structure upon the bed of any navigable water unless an individual or a general permit has been issued or authorization has been granted by the legislature.

In compliance with Wisconsin Statutes section 30.123(2) and (6m), no person may construct, reconstruct or maintain bridges or culvert crossings in, on, or over navigable waters unless an individual or a general permit has been issued or authorization has been granted by the legislature.

In compliance with Wisconsin Statutes section 30.19(1g)(c), no person may grade or remove topsoil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet unless an individual or a general permit has been issued under this section or authorization has been granted by the legislature.

In compliance with Wisconsin Statutes section 30.20(1), no person may remove any material from the bed of any lake, outlying water, or navigable stream unless a contract has been entered into with the department, authorization has been granted by the legislature, or an individual or general permit has been issued by the department.

In compliance with Wisconsin Statutes section 281.36(3b)(b), no person may permanently or temporarily discharge dredged or fill material into a wetland unless the discharge is authorized by a wetland general permit or individual permit issued by the Department or is exempt by statute. In compliance with Wisconsin Statutes section 281.36(3b)(a), a wetland general permit issued by the Department constitutes the water quality certification required by 33 USC 1341(a) (Clean Water Act section 401) for federal permits that authorize the discharge of dredged or fill material into wetlands regulated under 33 USC 1344(a) (section 404 Clean Water Act).

The Department has authority to issue general permits under Wisconsin Statutes sections 30.12(3), 30.123(7), 30.19(3r), 30.20(1t), 30.206 and s. 281.36(3g) that authorize any person in the State of Wisconsin to perform work in accordance with the terms and conditions of the general permit specified below after satisfying all applicable permit terms and conditions. Please refer to the following sections of this permit for the specific eligibility standards, application requirements, certification requirements and responsibilities, conditions, findings of fact, conclusions of law, and definitions required by WDNR-GP14-2016.

Note: Wisconsin Statutes section 30.12(1g) and Wis. Admin. Codes exempt from permitting requirements certain structures that are placed for specific purposes in waters that are not designated as Areas of Special Natural Resource Interest (ASNRI).

Note: Wisconsin Statutes section 30.123(6)(d) exempts from permitting requirements the construction or placement and maintenance of a Replacement Culvert as long as the Replacement Culvert is placed in substantially the same location as the culvert being replaced and the replacement culvert is constructed or placed using best management practices to comply with water quality standards under subch. II of Wisconsin Statutes

ch. 281.

Note: Wisconsin Statutes sections 30.12(2m) and 30.123(6m) allow the Department to require that an individual permit or general permit be obtained in lieu of an exemption for activities at certain sites. Work performed in ASNRI designated waters or at a site where the Department requires a permit under Wisconsin Statutes s. 30.12(2m) or 30.123(6m) may be authorized by this general permit.

Note: This permit does not authorize the replacement or reconstruction of a bridge, arch, or culvert on a wild river designated under Wisconsin Statutes s. 30.26 and Wis. Admin.

Code ch. NR 302.

Note: Coverage under this permit authorizes the permittee to undertake a specified activity/activities in compliance with the above statutes and the terms of this permit, but does not authorize a permittee to undertake any activity prohibited by other applicable federal, state, or local law.

OTHER AUTHORIZATIONS NECESSARY:

WDNR-GP14-2016 authorizations are subject to all applicable terms and conditions specified in this permit. However, WDNR-GP14-2016 authorizations are provisional and require that project proponents obtain all other required local, state or federal permits before any work may proceed. U.S. Army Corps of Engineers permits are required for any deposit or removal of material from Section 10 Waters under the Rivers and Harbor Act of 1899. A list of these waters can be found on the U.S. Army Corps of Engineers website at:

http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/navigable%2 0waters%20wi.pdf

PROJECT DESCRIPTION AND LOCATION:

WDNR GP14-2016 applies to USDA Forest Service Chequamegon-Nicolet National Forest projects located on one of the following:

• Federally owned lands.

http://docs.legis.wisconsin.gov/document/statutes/subch.%20II%20of%20ch.%20281 http://docs.legis.wisconsin.gov/document/statutes/subch.%20II%20of%20ch.%20281 http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/navigable%20waters%20wi.pdf http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/navigable%20waters%20wi.pdf

• Lands owned by other public or private entities with whom the Forest Service is cooperating by providing evaluation and/or design of the project, resource assessment and alternative(s), and/or engineered design and construction quality assurance of the project.

Note: WDNR GP14-2016 does not apply to proposed tribal activities located on Federal Indian Trust Land.

Note: Municipal public transportation projects as defined in WDNR GP2-2012, which includes town roads, should be permitted under the WDNR Municipal General Permit to Construct or Reconstruct Bridges/Highways/Culverts (WDNR GP2-2012) in effect on the date of application.

The following Forest Service activities are eligible for coverage under WDNR GP14- 2016:

• Construction, placement and maintenance of a fish or wildlife habitat structure on the bed of a navigable water for the purpose of improving fish or wildlife habitat.

Fish and wildlife habitat structures are regulated under Wis. Stats. s. 30.12 (1), (1g) (c) and (d), (2m) and (3m).

• Construction or maintenance of a bridge or the construction of a culvert in, on, or over navigable waters. Such structures are regulated under Wis. Stats. s.

30.123(2), (6), (6m), (7), and (8).

• Construction, placement, and maintenance of a public boat landing that is placed on the bed and bank of a navigable waterway for the purpose of launching and landing watercraft. Public boat landings are regulated under Wis. Stats. s. 30.12 (1), (2m), (3)(a)5., and (3m).

• Grading or removal of topsoil from the bank of any navigable waterway where the area exposed by the grading or removal will exceed 10,000 square feet. Grading or removal of topsoil is regulated under Wis. Stats. s. 30.19(1g)(c), (1m)(f) and (g), (3r), and (4).

• Removal of material from the bed of a lake or navigable stream. Such removal is regulated under Wis. Stats. s. 30.20(1), (1g), (1m), (1t), and (2).

• Construction or maintenance of a ford crossing in navigable streams. Such structures are regulated under Wis. Stats. s. 30.12(1), (3)(a)4, and (3m).

• Discharge of dredged or fill material to wetlands when necessary for the construction, reconstruction, or maintenance of a fish or wildlife habitat structure, clear span bridge, culvert crossing, public boat landing, or ford crossing and when authorization of the discharge is included in the authorization for that specific activity. Discharges to wetlands are regulated under Wis. Stats. s.

281.36 (3b), (3g), (3m), (4), and (5).

Any person that intends to do any of the following activities must comply with all applicable provisions of this general permit:

• Construct, place or maintain a structure under this permit at a site where the Department requires a permit under Wis. Stats. s. 30.12(2m), (3)(a)5, or 30.123(6m) or (7)(a) through (c).

• Remove material where the Department requires a permit under Wis. Stats.

30.20(1m) or (1t).

• Grade the bank where the Department requires a permit under Wis. Stats.

30.19(3r)(b).

TABLE OF CONTENTS Page(s)

SECTION 1 ELIGIBILITY STANDARDS 6

1A GENERAL STANDARDS 6-8

1B FISH HABITAT STANDARDS 8-9

1C WILDLIFE HABITAT STANDARDS 9

1D BRIDGE STANDARDS 9-10

1E CULVERT STANDARDS 10-12

1F DREDGING OR PLACEMENT STANDARDS 12-13

1G BOAT LANDING STANDARDS 13

1H PERMANENT FORD CROSSING STANDARDS 14

1I WETLAND FILL STANDARDS 14-16

SECTION 2 APPLICATION REQUIREMENTS 16-17

SECTION 3 CERTIFICATION & RESPONSIBILITIES 17

SECTION 4 GENERAL PERMIT CONDITIONS 17-20

SECTION 5 FINDINGS OF FACT 20-22

SECTION 6 CONCLUSIONS OF LAW 22

SECTION 7 DEFINITION OF TERMS 22-26

APPENDIX 1 CULVERT SIZING WORKSHEET 27

APPENDIX 2 EXAMPLE PAA FOR INCIDENTAL WETLAND

IMPACTS 28

WDNR-GP14-2016 TERMS AND CONDITIONS

The following sections describe the general permit authorization procedures implemented by the DNR in WDNR-GP14-2016. Projects must meet all the terms and conditions of this permit to be eligible for coverage under WDNR-GP14-2016.

NOTE: The term "you" and its derivatives, as used in this general permit, means the USDA Forest Service Chequamegon-Nicolet National Forest whose authorized representative or agent submitted and signed the complete notification package for coverage under the General Permit or the entity which conducts the activity under coverage of this General Permit. The term “the Department” or "this office" refers to the appropriate Wisconsin Department of Natural Resources (DNR) Service Center, DNR Region or Central Office headquarters of the Wisconsin DNR having jurisdiction over the authorized activity or the appropriate official of that office acting under the authority of the Secretary of the Department.

SECTION 1 – WDNR-GP14-2016 ELIGIBLITY STANDARDS AUTHORIZATION

In order for a project to be considered for coverage and authorization under WDNR GP14-2016, the project must be designed to meet all of the eligibility standards and conditions specific to the activity being applied for.

NOTE: Projects that do not meet all standards are not eligible for this general permit and are therefore excluded from coverage under WDNR-GP14-2016. For projects that do not qualify for WDNR-GP14-2016, you may apply for an Individual Permit as outlined in Wis.

Stats. s. 30.208(2), and a wetland general or individual permit under s. 281.36(3g) or (3m). The Department is authorized under Wis. Stats. s. 30.206(3r) for waterway activities and s. 281.36(3g)(i) for wetland discharges of dredged or fill materials to require an individual permit in lieu of a general permit if the Department has determined that the proposed activity is not authorized under WDNR-GP14-2016 or has conducted an investigation, visited the site, and determined that conditions specific to the site require restrictions on the activity in order to prevent significant adverse impacts to the public rights and interest, environmental pollution as defined in Wis. Stats. s. 299.01(4), or material injury to the riparian rights of any riparian owner.

A. GENERAL STANDARDS APPLICABLE TO ALL WATERWAY PROJECTS

1. The structure may be located in an area of special natural resource interest as described in Wis. Stats. s. 1.05, or at a site where the Department requires a permit under Wis. Stats. s. 30.12(2m).

2. Placement of the structure will not result in significant adverse impacts to the public rights and interests, cause environmental pollution as defined in Wis. Stats. s.

299.01(4), or result in material injury to the riparian rights of any riparian owner pursuant to Wis. Stats. s. 30.206(3r)(a)2., nor will it cause more than minimal adverse environmental impacts, materially interfere with navigation, nor have an adverse impact on the riparian property rights of adjacent riparian owners pursuant to Wis. Stats. s. 30.206(1)(am).

3. For a project permitted under s. 30.12(3), Wis. Stats., the applicant or co-applicant is the riparian owner. For a project permitted under s. 30.123(7), 30.19(3r)(b), or 30.20(1t), the applicant or co-applicant is the riparian owner or has obtained written? permission of the riparian owner to undertake the permitted activity.

4. For projects permitted under s. 281.36(3g), Wis. Stats., that impact wetlands only, the applicant and co-applicant may be easement holders. If the applicant is not the landowner or easement holder, the applicant must receive written permission from the landowner.

5. Fish Spawning. To minimize adverse impacts on fish movement, fish spawning, and egg incubation periods, structures may not be placed during the following periods:

• September 15th through May 15th for all trout streams and upstream to the first dam or barrier on the Root River (Racine County), the Kewaunee River (Kewaunee County), and Strawberry Creek (Door County). To determine if a waterway is a trout stream, you may use the WDNR website trout maps which can be found at http://dnr.wi.gov/topic/fishing/trout/streammaps.html

• March 1st through June 15th for ALL other waters.

The regional Department Fisheries Biologist, the Forest Service Fish Biologist, or the Department/Forest Service Fisheries Liaison may waive or modify timing restrictions in writing. To find your biologist and request in writing a waiver or modification of fish spawning timing restrictions for your project, use the WDNR website at:

http://dnr.wi.gov/topic/fishing/people/index.html

6. Unless the intended purpose of the project is to facilitate sediment mobility or deposition (i.e. stream simulation within a culvert or in-stream habitat restoration), structures must be placed in a manner that prevents sediment from collecting, removing, or dispersing away from the project site to the maximum extent practicable. Temporary sediment control measures used to accomplish this should be completely removed from the waterbody no more than 24 hours after the project is completed.

7. Temporary sediment control measures may not materially obstruct navigation or stream flow.

8. Live, living or growing aquatic plants may not be removed unless the removal is exempt under Wis. Stats. s. 23.24(4) or complies with the provisions for waiver of the permit requirement under Wis. Admin. Code s. NR 109.06.

9. Material removed or excavated from a waterway in order to place a structure may not be placed in a wetland, floodway, or below the ordinary high water mark of any navigable waterway. Dredging does not include "de minimus" activities unless allowed under section 1F.

10. Erosion control measures must meet or exceed the technical standards for erosion control approved by the Department under Wis. Admin. Code subch. V of ch.

NR 151. Any area where topsoil is exposed during construction must be immediately seeded and mulched or riprapped to stabilize disturbed areas and prevent soils from being eroded and washed into the waterway. Note: These standards can be found at the following website: http://dnr.wi.gov/topic/stormwater/standards/.

11. Unless part of a permanent stormwater management system, all temporary erosion and sediment control practices must be removed upon final site stabilization.

Areas disturbed during construction or installation must be restored.

12. Projects that may impact tribal lands or rights may need additional coordination.

http://dnr.wi.gov/topic/fishing/trout/streammaps.html http://dnr.wi.gov/topic/fishing/people/index.html http://dnr.wi.gov/topic/stormwater/standards/

13. Unless allowed under section 1F, this general permit does not authorize any permanent change in the course of a navigable stream or removal of material from the bed of any waterway except for what is necessary to place the structure.

14. Your acceptance of coverage under this permit and your efforts to begin work on the project signify that you have read, understood and agreed to follow all conditions of this permit.

15. Placement of the structure shall conform to the requirements of Wis. Admin.

Code ch. NR 116, Wisconsin’s Floodplain Management Program, if applicable.

16. Any grading, excavation and land disturbance shall be confined to the minimum area necessary for the placement, repair and removal of the structure.

17. All equipment used for the project shall be designed and properly sized to minimize the amount of sediment that can escape into the water.

18. Placement, repair and removal of the structure shall minimize the removal of trees, shrubs and other shoreline vegetation above the ordinary high water mark.

Note: Local zoning ordinances may place restrictions on activities located in mapped floodplains or in shoreland zones. The riparian is responsible for ensuring that their project complies with any applicable local zoning requirements as well as the provisions of this general permit.

19. Accumulated brush, debris and other obstructions that are trapped in or underneath the structure shall be regularly removed to prevent upstream flooding and maintain structural integrity.

20. The permittee shall submit a series of photographs to the department within one week of placing the structure on this site and within one week of stabilizing disturbed areas on the site after removing the structure. The photographs shall be taken from different vantage points and depict all work authorized by the permit.

21. The structure must be placed fully within the riparian zone of interest as defined in Wis. Admin. Code s. NR 326.07, but may extend waterward beyond the line of navigation (3 ft. water depth).

B. ELIGIBILITY STANDARDS APPLICABLE TO THE PLACEMENT OF FISH

HABITAT STRUCTURES.

In addition to the standards in Section 1 A, the following standards apply to all fish habitat projects.

1. A fish habitat structure must be placed so that at a minimum, watercraft can navigate in open water from the waterward end of the structure to the opposing shoreline’s line of navigation (defined in Wis. Admin. Code s. NR 326.03(4) as generally a 3 ft. water depth).

2. The structure must be placed at least 100 feet away from all of the following:

a. A municipal or commercial marina.

b. A designated swimming area open to the public that is marked by buoys, ropes, or postings along the shore. This includes publicly accessible swimming areas on private land.

The placement of the fish habitat structure must not impair the use of any of the following:

c. A publicly accessible boat ramp and its associated piers used for the purpose of loading and unloading water craft.

d. A designated carry-in only watercraft access site.

3. Structures must be secured and prevented from moving.

4. Fish Habitat Structures may consist only of biological materials, rocks or gravel, except that any fastening and anchoring devices may consist of inert materials.

5. Structures placed in lakes or flowages entirely waterward of the line of navigation must provide adequate navigational clearance, which means that the top of the structure typically must be covered by at least 5 feet of water during normal summertime low water levels.

6. Fish habitat structures must be designed by the Forest Service Fisheries Biologist and be approved by the Local Department Fisheries Biologist or Department Forest Service Fisheries Liaison. A current list of Department Fisheries Biologists can be found at:

http://dnr.wi.gov/topic/fishing/people/fisheriesbiologists.html

C. ELIGIBILITY STANDARDS APPLICABLE TO THE PLACEMENT OF

WILDLIFE HABITAT STRUCTURES

wildlife habitat projects.

1. The wildlife habitat structure shall be placed solely for the purpose of improving wildlife habitat.

2. A deposit of sand, gravel, or stone may be associated with the placement of a wildlife habitat structure, provided the deposit is limited to the area underneath or within one foot of the structure, is needed to place the structure, and is less than 2 cubic yards

3. Dredging under Wis. Stats. s. 30.20(1g)(b)1. is allowed for the placement of a wildlife habitat structure provided the dredging removes only the amount of bed material needed to place the structure and that amount is less than 2 cubic yards.

4. Wildlife habitat structures shall be designed and constructed of unpainted wood or of materials that are non−gloss earth tone colors that blend into a natural shoreline setting during leaf−on condition.

5. Wildlife habitat structures may not materially impair navigational use of a waterway.

D. ELIGIBILITY STANDARDS APPLICABLE TO THE PLACEMENT OF NEW

CLEAR SPAN BRIDGES

http://dnr.wi.gov/topic/fishing/people/fisheriesbiologists.html

In addition to the standards in Section 1 A, the following standards apply to construction or maintenance of all clear span bridge projects.

1. The clear span bridge may not be located on a wild river designated under Wis.

Admin. Code ch. NR 302 or Wis. Stats. s. 30.26(2).

2. At least one end of the bridge structure shall be firmly anchored in a manner that the bridge will not be transported downstream during flood conditions.

3. The bridge shall completely span the navigable stream from above the Ordinary

High Water Mark (OHWM) on either bank with no support pilings below the

OHWM.

4. All bridges shall maintain a clearance above the water surface of not less than 5 feet, unless all the following conditions apply:

a. The waterway is known to have little or no navigational or snowmobile use.

b. The waterway is anticipated to have navigational use only by lightweight craft.

c. The owner provides a portage over or around the bridge or culvert.

d. The reduced clearance would not be detrimental to the public interest.

5. If the placement of the bridge requires the construction of an approach road, the approach road can be at or above the elevation of the surrounding natural ground elevation (at or above grade). Side slopes must be constructed to facilitate drainage away from the road surface and to minimize runoff flowing directly into the navigable waterway.

6. Placement of approach fill in a floodplain or floodway must meet the standards found in Wis. Admin. Code ch. NR116 if applicable.

E. ELIGIBILITY STANDARDS APPLICABLE TO THE PLACEMENT OF NEW

CULVERTS

In addition to the standards in Section 1 A, the following standards apply to the placement of new culverts in navigable waters or replacement of existing culverts which are not exempt under s. 30.123(6)(d).

1. Culvert placement may not occur in a location where there is a Public Rights

Feature (PRF) as described in Wis. Admin. Code s. NR 1.06. Locations of Public Rights Features (PRF) can be found using the Department’s Surface Water Data Viewer (SWDV) located here:

http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=Designated Waters

2. The culvert may not be not located over a lake outlet or in a lake system.

3. The required culvert size may not exceed 20 square feet cross sectional area (as referenced by appendix1) unless the culvert is designed by a Professional Engineer, Forest Service Engineer, Forest Service Engineering Technician, or Forest Service Hydrologist. Note: A professional engineer as defined in Section 7 means a person registered as a professional engineer under s. 443.04, Stats., https://docs.legis.wisconsin.gov/document/administrativecode/NR%201.06 http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=DesignatedWaters http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=DesignatedWaters http://docs.legis.wisconsin.gov/statutes/statutes/443/04 and ch. A−E 4. “Forest Service Engineer,” “Forest Service Engineering Technician,” and “Forest Service Hydrologist” refer to working titles of employees of the USDA Forest Service.

4. Culverts shall be designed to pass the 100 year flood event as documented by any of the following methods:

• Hydrologic modeling

• Spanning bank full width

• WDNR culvert sizing worksheet (appendix 1)

• Alternative method deemed appropriate by Department or US Forest Service.

5. Any culvert design in a mapped floodplain needs hydrologic modeling to ensure compliance with Wis. Admin. Code ch.NR 116 if applicable.

6. The project may not result in a significant obstruction to stream connectivity.

7. Culvert placement and installation must mimic the natural streambed, width, and gradient above and below the culvert channel. No perched culverts or impounding culverts are permitted.

8. The culvert should be sized and set at an elevation so that water depths, widths, and velocities at the culvert inlet and outlet match the natural water depths, widths, and velocities of the natural stream channel.

9. The inlet and outlet invert elevation of the culvert should be set below the natural stream bottom flow line elevation to allow streambed material to deposit in the bottom of the culvert, or where appropriate, natural streambed material may be added.

10. Culvert inlets may not be capped with screens, bars or any other means which prevent movement of fish or wildlife or collect debris, with the exception of beaver control measures.

11. Culverts shall be designed to prevent washout. Culverts shall be long enough so that road fill does not extend beyond the ends of the culvert. The culvert shall extend at least one foot beyond the fill.

12. If placement of riprap is necessary to protect the stream bank near the ends of the culvert, placement shall include an adequate filter layer or filter fabric.

13. Clean fill material shall be firmly compacted around the culvert. The culvert shall be designed or protected to prevent crushing.

14. Dredging and deposition of sand, gravel or stone on the streambed may be associated with the placement of a culvert provided that the dredging is limited to the volume necessary to bury the culvert as required in this section and for the placement of any proposed in-stream erosion control necessary to protect the stream bank near the ends of the culvert.

http://docs.legis.wisconsin.gov/code/admin_code/a_e/4

15. Unless the waterway is dry for the duration of the construction activities, you must install a diversion channel or pump bypass system upstream and downstream of your construction area, which may include the use of a coffer dam or similar device, unless otherwise directed by the Department.

16. If necessary, cofferdams and temporary channels must be constructed of non-erodible material and secured with rock bags at the bottom of the channel and top of the banks. No earthen cofferdams will be authorized.

17. The temporary diversion of the stream must be shown or described in the plans and the temporary diversion shall not exceed 5 working days, unless authorized by the Department for a longer period of time. Stream flow must be maintained downstream throughout construction time period.

18. Except for a temporary bypass system during construction, the project will not involve the creation, modification, or enhancement of any dam structures.

19. If the culvert placement requires the construction of an approach road, the approach road can be at or above the elevation of the surrounding natural ground elevation (at or above grade).

20. If the culvert placement requires the construction of an approach road, the approach road side slopes must be constructed to facilitate drainage away from the road surface and to minimize runoff flowing directly into the navigable waterway.

21. Placement of approach fill in a floodplain or flood way must meet the standards found in Wis. Admin. Code ch. NR116 if applicable.

F. ELIGIBILITY STANDARDS APPLICABLE TO THE REMOVAL OF BED

MATERIAL OR ADDITION OF MATERIAL ASSOCIATED WITH THE FAILURE

OF A WATERWAY CROSSING OR PREVIOUS STREAM CHANNELIZATION.

WDNR-GP14-2016 allows for Stream Channel Modification, which may include dredging or placement of materials, only when the removal or placement of material is desired as a result of a waterway crossing failure or previous stream channelization.

In addition to the standards in Section 1 A, the following standards apply to the removal of excess material or placement of material as a result of a waterway crossing failure or previous stream channelization.

1. Stream Channel Modification proposed as a result of crossing failure or previous stream channelization may only occur within 800 feet up or down stream of the waterway crossing location for the purpose of stream restoration and only if it is accompanied by all the following:

a. Appropriate sediment control, dewatering, and disposal of materials in an upland location, if necessary.

b. Any placement of material is limited to the amount needed to ensure bank continuity upstream and downstream.

c. The amount of material requested to be removed is justified by a longitudinal stream profile documenting that the accumulation of material is impeding flow from upstream to downstream of the crossing location.

d. The amount of material requested to be placed is justified by a series of cross-sectional profiles showing channel widening or braiding within 800 feet up or downstream of the waterway crossing.

e. Documentation of any prior channelization within 800 feet up or down stream of the waterway crossing with a plan-view survey showing the existing and abandoned stream channels. Longitudinal stream profiles and cross-sectional profiles must also be utilized to document existing conditions and provide evidence for restoration activities. Profiles should show existing conditions and post restoration conditions.

2. Material added for the purpose of confining a stream channel shall be designed to prevent erosion of the recreated bank.

G. ELIGIBILITY STANDARDS APPLICABLE TO BOAT LANDINGS

boat landing projects.

1. New boat landings must be open to the public.

2. Maintenance or expansion of pre-existing boat landings may be authorized under this section of GP-14-2016 provided all eligibility standards in this section 1G are met except #5.

3. A boat landing shall be designed and constructed to prevent structural failure caused by wave, wind or ice action and shall be maintained in good condition at all times.

4. Material removed or excavated to construct the boat landing must be disposed of in an upland location and may not be placed in a wetland, floodway, or below the ordinary high water mark of any navigable waterway.

5. A boat landing shall consist of any of the following:

a. 6- to 24-inch layer of crushed rock

b. 6- to 18-inch layer of crushed rock capped with 4-inch minimum thickness pre-cast reinforced concrete planks. Pre-cast planks shall be connected to prevent displacement.

c. 6- to 18-inch crushed rock base capped with a cast-in-place reinforced concrete slab.

d. 6- to 18-inch crushed rock base capped with interlocking manufactured or geo composite materials (e.g., concrete block, reinforced turf mat, or similar materials).

6. The placement of a boat landing may not interfere with existing navigational patterns on the waterway.

7. A boat landing may incorporate some type of toe protection at the lakeward end of the landing. Toe protection may not extend above the natural level of the bottom of the waterway.

8. If applicable to the project, cofferdams used for site de-watering shall consist only of clean recoverable materials such as sandbags or plywood sheeting, and all materials shall be removed immediately following project completion.

H. ELIGIBILITY STANDARDS APPLICABLE TO PERMANENT FORD

CROSSINGS

Ford Crossings.

1. Ford placement may not occur in a location where there is a Public Rights Feature (PRF) as described in Wis. Admin. Code s. NR 1.06. Locations of Public Rights Features (PRF) can be found using the Department’s Surface Water Data Viewer (SWDV) located here:

http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=Designated Waters

2. A ford shall be designed and constructed to prevent structural failure and shall be maintained in good condition at all times.

2. A ford shall only be located in a stream.

3. A ford shall be constructed only at a location where the stream is less than 100 feet wide, the normal stream depth is less than 2 feet deep, and the streambed does not contain more than 6 inches of soft sediment.

4. A ford shall be designed by a Professional Engineer, Forest Service Engineer, Forest Service Engineering Technician, or Forest Service Hydrologist. A professional engineer is defined under Wis. Stats. s. 443.04 and Wis. Admin.

Code ch. A−E 4. “Forest Service Engineer,” “Forest Service Engineering Technician,” and “Forest Service Hydrologist” refer to working titles of employees of the USDA Forest Service.

5. A ford shall have its top surface at the same level as the natural streambed immediately upstream and downstream from the ford. The placement of the ford may not result in the creation of an impoundment or dam upstream or a waterfall or riffle area downstream.

6. The approach road to the ford may not have bank slopes steeper than 5-foot horizontal to one-foot vertical (5H:1V) toward the stream; Side slopes must be constructed to facilitate drainage away from the road surface and to minimize runoff flowing directly into the navigable waterway.

https://docs.legis.wisconsin.gov/document/administrativecode/NR%201.06 http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=DesignatedWaters http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV&runWorkflow=DesignatedWaters

7. Construction of the ford may not occur during periods of high stream flow or high water conditions where the flow is not confined to the immediate stream channel.

I. ELIGIBILITY STANDARDS APPLICABLE TO CERTAIN PROJECTS THAT

MAY IMPACT WETLANDS

The following standards only apply to discharges to wetlands that are necessary in order to place fish and wildlife habitat structures, replace or maintain clear span bridges, culverts and public boat landings, or undertake stream restoration associated with the failure of a waterway crossing or prior stream channelization.

1. This section only applies to a project whose purpose is to do any of the following:

A. Replace or maintain an existing waterway crossing where the replacement or maintenance will result in impacts to wetlands within the project area.

B. Replace, maintain, or expand an existing boat landing where the replacement, maintenance, or expansion will result in impacts to wetlands within the project area.

C. Place, replace, or maintain a fish or wildlife habitat structure on a lake or stream where the project will result in impacts to wetlands within the project area.

D. Add material for stream restoration which will result in impacts to wetlands within the project area.

2. This section does not apply to projects whose purpose is to do any of the following:

A. Place new waterway crossings.

B. Place new public boat landings.

C. Place new recreational trails.

D. Undertake any other activities not listed in Section 1I 1.

Note: These activities may be permitted under existing WDNR wetland general permits or WDNR individual permits for activities proposed to impact wetlands.

3. The project purpose is to replace or maintain a pre-existing waterway crossing or boat landing, place a fish or wildlife habitat structure, or restore a stream.

4. This permit does not authorize any new permanent or temporary roads in wetlands.

5. The proposed project will avoid and minimize wetland impacts to the greatest extent practicable and will cause only minimal adverse environmental impacts.

6. The project shall not result in more than 4356 square feet (0.1 acre) of permanent wetland fill or 0.23 acres of temporary wetland fill for a single and complete project. Disturbance should include only the amount of wetland fill necessary to properly construct and stabilize the project and shall minimize alteration of critical features of waterway or wetland habitats.

7. Projects that impact wetlands must comply with Wis. Admin. Code s. NR 103.

8. Project activities will not take place in or result in adverse impacts to any of the following:

a. Great Lakes ridge and swale complexes.

b. Interdunal wetlands.

c. Coastal plain marshes.

d. Southern sphagnum bogs.

e. Boreal rich fens.

f. Calcareous fens.

9. The project will be constructed in a manner that will maintain wetland hydrology in the remaining wetland complex.

10. To the greatest extent practicable, the activity shall not result in adverse impacts to any of the following:

a. Fishery spawning habitat, including unobstructed fish passage.

b. Bird breeding areas.

c. Movement of species that normally migrate from open water to upland or vice versa (i.e., amphibians, reptiles and mammals) as determined by the Department.

11. Temporary wetland excavation activities shall segregate topsoil from subsoil.

Topsoil shall be replaced to its original stratum. Subsoil shall be removed or replaced to its original stratum.

12. To avoid topsoil and subsoil mixing, the vehicles and equipment used in wetlands shall work from construction mats, or shall be low ground pressure equipment, or shall work only during dry conditions.

13. Final site stabilization in wetlands requires the re-establishment of native or pre-existing perennial vegetation to at least 70 percent vegetative cover.

SECTION 2: WDNR-GP14-2016 APPLICATION REQUIREMENTS FOR COVERAGE

You are required to comply with the following application requirements:

1. After you have carefully confirmed that your project(s) meet(s) the purpose and all the terms and conditions of this permit, you must submit a complete application package as outlined in item 5 below to the Department. The complete application package should be received a minimum of 30 calendar days before the desired project start date. Permit applications materials can be found and submitted online at http://dnr.wi.gov/permits/water/

NOTE: The Department will forward a copy of your application package to the U.S. Army Corps of Engineers for their review and determination regarding federal permit requirements and coverage.

2. Unless notified by the Department to the contrary, the effective date of coverage under this permit is 30 calendar days after the designated DNR office receives a complete application package.

3. The Department may request that you provide additional information necessary to verify compliance with the terms and conditions of this permit. The Department may make a request for additional information one time during the 30-day period. If the department makes a request for additional information, the 30-day period is paused on the date the person applying for authorization http://dnr.wi.gov/permits/water/ receives the request for additional information. The clock remains paused until the date on which the department receives the information, at which point the clock resumes from the point it was initially stopped.

4. The Department may determine the project is not eligible for this general permit and require that the project be reviewed through the individual permit process outlined in Wis. Stats. ch. 30.

5. A complete application package must include all of the following information:

a. A Complete Application form certifying that the project meets the terms and conditions of WDNR-GP14-2016. This form can be found at http://dnr.wi.gov/permits/water/.

b. Permit fees as follows:

i. Projects funded in whole or part and conducted by a federal agency on federally owned lands are exempt from permit fees under Wis. Stats. ss. 30.28(3) and 281.36(12)(e).

ii. Projects on lands owned by cooperating public or private entities where the Forest

Service provides evaluation and/or design of the project, resource assessment and alternative(s), and/or engineered design and construction quality assurance are exempt from permit fees under Wis. Stats. s. 30.28(3).

iii. Projects on lands owned by cooperating private entities where the Forest Service provides evaluation and/or design of the project, resource assessment and alternative(s), and/or engineered design and construction quality assurance are exempt from wetland permit fees under Wis. Stats. s. 281.36(12)(e) only if the project also is conducted by a federal agency.

c. A copy of the deed or similar proof of ownership of the site where the activity will occur. If you do not own the site, also include proof of any notice(s) and permission(s) required by Section IA, standard number 3 and 4 of this General Permit.

d. A project diagram that shows all the following:

1. The location of the completed project relative to the OHWM or wetland boundaries with location and size of all proposed wetland impacts (if applicable).

2. The location of silt fences, riprap, or any other sediment/erosion control devices.

3. Top, side, and cross section plan profiles for the proposed project.

4. If applicable, longitudinal stream channel profile or other waterway crossing sizing documentation (e.g., bankfull width to bankfull width documentation).

e. A description of materials and equipment to be used to complete the project and the purpose and need for the project.

f. Maps of the project site that show locations and delineate boundaries of all the following:

1. The property where the project will occur.

2. The OHWM of navigable waters in or near the project area.

3. Any adjacent wetlands.

4. The specific location of the proposed project on the property.

g. Photographs that represent existing site conditions where the project will occur.

h. Documentation that the project will not result in an adverse impact to federal or state threatened/endangered resources and/or cultural/historical resources.

i. A detailed explanation of why any proposed permanent wetland impacts cannot be avoided and how the wetland impacts will be minimized to the greatest extent practicable as required by Wis. Stats. s. 281.36(3g)(h)1. (See Appendix 2) NOTE: If your project does not involve any permanent wetland impacts and only involves temporary impacts to wetlands, the PAA should clearly state that no permanent impacts are proposed with the project.

SECTION 3: WDNR-GP14-2016 CERTIFICATION AND RESPONSIBILITIES

http://dnr.wi.gov/permits/water/

1. Upon submittal of a complete application package to DNR, you have certified that the project will be conducted in compliance with all the terms and conditions of WDNR-GP14-2016, and you agree to be the responsible party that supervises and oversees all aspects of the project

SECTION 4: WDNR-GP14-2016 GENERAL PERMIT CONDITIONS

The applicant agrees to comply with the following conditions:

1. Application. You must submit a complete application package to the Department as outlined in Section 2 of this general permit. If requested, you must furnish to the Department within a reasonable timeframe any information the Department needs to verify compliance with the terms and conditions of this permit.

2. Certification. Acceptance of general permit WDNR-GP14-2016 and efforts to begin work on the activities authorized by this general permit signifies that you have certified the project meets all eligibility standards outlined in Section 1 of this permit and that you have read, understood and agreed to follow all terms and conditions of this general permit.

3. Project Plans. This permit does not authorize any work other than the work that is specifically described in the notification package and plans submitted to the Department and that you certified is in compliance with the terms and conditions of WDNR-GP14-2016

4. Reliance on Applicant’s Data. The determination by this office that a confirmation of authorization is not contrary to wetland water quality standards will be based upon the information provided by the applicant and any other information required by the DNR.

5. Expiration. This WDNR-GP14-2016 is valid for a period of 5 years from the date of issuance. Any activity that the Department determines is authorized by WDNR-GP14-2016 remains authorized under WDNR-GP14-2016 for a period of 5 years from the date of the Department’s determination or until the activity is completed, whichever occurs first, regardless of whether WDNR-GP14-2016 expired before the activity is completed.

6. Other Permit Requirements. You are responsible for obtaining any other state permits and any other permits or approvals that may be required for your project by local zoning ordinances, the U.S.

Army Corps of Engineers (USACE), and any other federal agencies before starting your project. To locate the USACE staff responsible for review projects in Wisconsin please visit http://www.mvp.usace.army.mil/Missions/Regulatory.aspx

7. Project Start. You must notify the Department using the information provided on the confirmation of coverage letter you receive before starting any activity and again not more than 5 days after each activity is completed.

8. Permit Posting. You must post a copy of this permit at a conspicuous location on the project site for at least 5 days prior to the project starting, and the copy must remain posted on the project site at least 5 days after the project is complete. You must also have a copy of the permit and approved plan available at the project site at all times until the project is complete.

9. Permit Compliance. The Department may modify or revoke coverage of this permit if completion of the project is not carried out in compliance with the terms and conditions of this permit, or if the Department determines the project will be detrimental to the public interest. Any act of noncompliance with this permit constitutes a permit violation and is grounds for enforcement action. Additionally, if any condition of this permit is found to be invalid or unenforceable, authorization for all activities to which that condition applies is denied.

http://www.mvp.usace.army.mil/Missions/Regulatory.aspx

10. Construction Timing. Once waterway work below the OHWM commences, all construction activities in those waterways must be continuous until the work is completed and the site is stabilized.

Once wetland work commences, all…