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Ai 41 Conditions and information to be provided to WDNR - NWP 26 (cont'd. ) Discharges for private driveways necessary to provide access for motor vehicles licensed to travel on public highways from a road or street to one or more upland parcels that would cause the loss of less than two (2) acres of waters of the United States, including wetlands, per subdivision. 1. Crossings of roadside ditches (defined as wetlands which do not extend beyond 30 feet from the outer edge of the shoulder of the roadway and which are not located in the shoreland area of any navigable waterway) are granted water quality certification subject to the condition that: a. The applicant provides written notice, at least 10 days prior to beginning construction of the driveway. Notice must show the location of the driveway, explain why the driveway must cross the wetland, and contain a certification from the local unit of government (county, city or village) or the appropriate regional planning commission that the crossing is not located in a primary environmental corridor. 2. Other crossings are granted water quality certification subject to the conditions that: a. The applicant provides a written notification to the appropriate WDNR office at least 30 days prior to construction of the driveway. The notice shall contain: (i) The name, address and telephone (and telefax, if applicable) number of the applicant; (ii) An explanation why the driveway cannot, as a practical matter, be located outside the wetland; (iii) Information demonstrating that the driveway is designed to minimize the adverse impacts on wetland functions; (iv) The driveway is designed with the minimum practical cross- sectional area; (v) Construction activities will be carried out in the immediate area of the driveway only; (vi) Any filling, flooding, draining, dredging, ditching, tiling or excavating is necessary for the construction or maintenance of the driveway; and (vii) A written certification from the local unit of government (county, city or village) or the appropriate regional planning commission that the crossing is not located in a designated environmental corridor. b. The crossing of the waterway or wetland provides for maintenance of water exchange through the use of culverts or other devices which provide effective flow capacity. c. WDNR does not inform the applicant prior to the expiration of the 30-day period that an individual water quality certification is required for the project. ENCL (7) PAGE 3 of 4