Routine roadway maintenance activities that are not covered by the SPN described in Env-Wt 308.04(d) but are included in the Routine Roadway BMPs may be undertaken pursuant to this section provided:

1. (a) The activities are conducted in accordance with the Routine Roadway BMPs, except that for projects in LAC jurisdiction as applied to routine roadway projects, a standard application shall not be required if a waiver of intervention is obtained from the LAC;
2. (b) The total project does not impact more than 50 LF of a watercourse or more than 3,000 SF of any other jurisdictional area;

3. (c) No work is done:

   1. (1) In or adjacent to designated prime wetlands;
   2. (2) In a bog, marsh, tidal wetlands, undisturbed tidal buffer zone, or sand dunes; or
   3. (3) On an existing stream crossing where erosion processes have scoured the toe of the stream bank to an extent that the upper portion of the stream bank has collapsed within 150 LF of the stream crossing;

4. (d) The work does not occur on property not owned by the responsible party unless the responsible party also:

   1. (1) Provides copies of a signed written release from each owner of the property on which the work will be done to the department with the registration; or
   2. (2) Provides a completed registration at least 5 calendar days prior to start of work to each owner of property that will be impacted by the work; and
5. (e) A copy of the completed registration is posted in a prominent location at the worksite prior to initiation of work at the worksite.

Source. #12803, eff 12-15-19; amd by #12954, eff 12-24-19; ss by #13777, eff 10-13-23