Section NR 340.015 - Policy(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 ).Wis. Admin. Code Department of Natural Resources § NR 340.015
Cr. Register, August, 1991, No. 428, eff. 9-1-91.