Section 385.60. Soil saturation determinations.

 

(1)   General.

(a) A property owner, or the owner's agent, may submit documentation to prove that redoximorphic features, or other soil color patterns, at a particular site are not indicative of periodically saturated soil conditions or high groundwater elevation.

(b) Documentation shall be in the form of an interpretive determination, soil saturation determination, hydrograph procedure or artificially controlled navigable water determination pursuant to this section.

(2)   Interpretive determinations.

(a) A written report by a certified soil tester evaluating and interpreting redoximorphic soil features, or other soil color patterns, may be submitted to the department in lieu of high groundwater determination data. The written report shall conclusively demonstrate that the existing soil morphological features or color patterns are not indicative of current conditions of periodic soil saturation.

(b) The department shall make a determination on the validity of the data, results and conclusions set forth in the report.

(c) The written report shall include, but is not limited to, all of the following information:

1. A soil evaluation report pursuant to s. SPS 385.40 .

2. An interpretive review of the site including, but not limited to, all of the following:

a. Local hydrology.

b. A historical interpretation of the local geomorphology.

c. Soil disturbance and hydraulic modification.

d. The landscape position and local topography in the area under investigation.

3. Soil series and mapping units, if available, for the immediate area, as listed in the USDA soil survey.

4. Data, if any, from previous soil saturation determinations in similar soil conditions and landscape position.

5. Any written reports, comments or recommendations by the governmental unit or department staff.

(3)   Soil saturation determination.

(a) General. Actual elevations of soil saturation may be determined at specific sites in accordance with the soil saturation determination procedures in par. (c) .

(c) Precipitation.

1. Precipitation data reported for soil saturation determination purposes shall include monthly totals for September through May, and daily totals for February through May.

2. Precipitation data totals under subd. 1. shall be from either the closest local station to the site where the observation pipe is installed, or the average from the 3 closest local stations to the site. If averaging is used, the totals under subd. 1. shall be submitted for all 3 stations.

(d) Regional water tables.

1. Where sites are subject to a broad, relatively uniform, regional water table, the fluctuation observed over a several year cycle shall be considered.

2. At such sites, and where free water levels are more than 5 feet below grade, determinations shall be made using the hydrograph procedures contained in sub. (4) .

3. Areas affected by a regional water table shall be delineated by the department in consultation with the affected counties and the Wisconsin Geological and Natural History Survey.

(e) Fine textured soil.

1. The department may prohibit soil saturation determinations in fine textured soil with high matric potentials where determination results may be inconclusive.

2. In such cases, the department may approve alternative methods to address the direct determination of saturated or near saturated soil conditions not enumerated in this section.

(f) Groundwater elevation observation pipe installation and construction.

1. Number of observation pipes.

a. At least 3 groundwater elevation observation pipes shall be installed to delineate the area under investigation.

b. The governmental unit or department may require more than 3 observation pipes to adequately evaluate potential soil saturation conditions.

2. Observation pipe depth.

a. At the request of the department or governmental unit, at least one observation pipe shall be constructed to a depth of 15 feet below the ground surface to determine if high groundwater elevation conditions are due to a perched water table and the possible extent of the saturated zone.

b. Other observation pipes shall terminate at specific depths below grade that will serve to evaluate where shallow perched zones of soil saturation occur within the soil profile.

c. The governmental unit or department may designate specific observation pipe depths and locations based on soil and site conditions, or experience in a particular geographic area or topographic position.

d. An observation pipe may not be less than 24 inches deep.

3. Observation pipe construction. The direct observation of soil saturation conditions shall be accomplished by means of observation pipes conforming to this subdivision and Figure 385.60-1.

a. The observation pipe shall be of a material meeting the standards in s. SPS 384.30 Table 384.30-1, except that lead pipe may not be used.

b. The inside diameter of an observation pipe may not be less than 2 inches or more than 4 inches nominal size.

c. The borehole diameter shall be 2 to 4 inches larger than the outside diameter of the observation pipe.

d. The top of the observation pipe shall terminate at least 18 inches above grade and be provided with a vented cap.

e. The bottom of the observation pipe shall terminate with a slotted, or screened pipe. The slots or screen shall extend 6 to 18 inches above the bottom of the pipe and be at least 4 inches below the filter pack seal. The slots or screen shall not be hand cut and shall be designed to retain soil particles with a diameter of greater than 0.02 inch.

f. Except for the vented end cap, joints between lengths of pipe and fittings shall conform to s. SPS 384.40 .

g. Finished grade around the observation pipe shall be sloped away from the observation pipe using soil material.

h. At a minimum, the upper 12 inches of annular space surrounding the observation pipe shall be sealed by puddled clay, bentonite, or an equal-parts mixture of soil, bentonite and cement. A surface seal may not be necessary if the entire soil profile is sand.

i. The annular space seal below 12 inches and to the top of the filter pack seal may be of unspecified soil material.

j. A filter pack seal shall be installed above the filter pack to prevent soil migration downward into the filter pack.

k. The observation pipe shall be set on at least 2 inches of pea gravel that extends 4 to 6 inches above the top of the screen or highest slot. The gravel filter pack is not necessary if the natural soil is coarse sand or coarser.

Figure 385.60-1

- See PDF for diagram

(g) Observations.

1. Observation period. The observation period for soil saturation determinations shall begin on or before the appropriate date specified in Figure 385.60-2, and end June 1.

2. Alternate observation period. The department may approve an alternate observation period if the data presented conclusively demonstrates equivalency to conditions encountered during a normal spring observation period.

3. Minimum frequency. Observations shall be made on the first day of the observation period and at least every 7 days thereafter until the observation period is complete.

(h) Conclusions.

1. The highest level of soil saturation shall be considered the highest level of free water observed in an observation pipe on 2 occasions 7 days apart during the observation period.

2. The results of soil saturation determinations under this section shall be considered inconclusive if the precipitation totals under par. (c) do not equal or exceed:

a. 8.5 inches from September 1 through the last day of February; and

b. 7.6 inches from March 1 through May 31.

- See PDF for diagram

Figure 385.60-2

Latest Date to Begin Spring Soil Saturation Monitoring - See PDF for table

(i) Reporting data.

1. Within 180 days of the completion of the observations, 3 copies of the following data shall be submitted to the department for review:

a. A soil and site evaluation report pursuant to s. SPS 385.40 .

b. Observation pipe installation, depth, location and elevation information.

c. Precipitation data and name of any local station used.

d. Observation dates.

e. Current and any prior observation results.

f. Any governmental unit observations or reports pertaining to the soil saturation determination observations, observation pipe construction or soil/site conditions.

2. Within 180 days of the completion of the observations, one copy of the data specified in subd. 1. shall be filed with the governmental unit having jurisdiction.

(j) Report forms. Soil saturation determination results shall be reported on forms specified by the department.

(k) Failure to report. Failure to file soil saturation determination results with the governmental unit and department within 60 days may disqualify the site from future soil saturation or interpretive determinations.

(4)   Hydrograph procedure.

(a)

1. Except as provided in subd. 3. , where regional water table fluctuations are considered in deep sandy soil, the predicted high groundwater elevation shall be established using hydrograph documentation.

2. Except as provided in subd. 3. , the highest groundwater elevation shall be determined by direct observation during the soil profile evaluation or by one of the hydrograph methods outlined in pars. (b) to (d) , whichever is highest.

3. The department or governmental unit may accept use of the hydrograph procedure to predict regional water table levels on sites where inclusions of sandy loam or finer soil material, or massive conditions exist.

(b)

1. If there is less than 5 feet to free water below original grade, the procedures detailed in sub. (2) or (3) shall be used to determine the highest predicted groundwater elevation at the site.

2. If there is 5 feet or more to free water below original grade, the hydrograph procedure may be used to determine the highest predicted groundwater elevation at the site.

(c) When free water at the site is 5 to 10 feet below grade, all of the following procedures apply:

1. A completed soil and site evaluation report pursuant to s. SPS 385.40 that confirms the elevation of free water, if observed, shall be prepared.

2.

a. A slotted or screened groundwater elevation observation pipe shall be installed at the proposed system location to a depth of at least 12 inches below the free water elevation.

b. The observation pipe shall be installed pursuant to sub. (3) (f) 3.

3.

a. The water level in the observation pipe shall be recorded after completion of the observation pipe installation and 7 days later.

b. The highest of the 2 water levels shall be used to complete the hydrograph procedure.

4. The permanent USGS groundwater elevation well or wells as assigned by the governmental unit or department shall be read within 24 hours of establishing the actual free water elevation at the site.

5. The hydrograph procedure shall be completed and the results shall be submitted for review to the governmental unit having jurisdiction in a format specified by the department.

(d) When free water at the site is more than 10 feet below grade, all of the following procedures apply:

1. A completed soil and site evaluation report pursuant to s. SPS 385.40 that confirms the elevation of free water, if observed, shall be prepared.

2. The permanent USGS groundwater elevation well or wells assigned to the project by the governmental unit or department shall be read within 24 hours of the actual free water determination at the site.

3. The hydrograph procedure shall be completed and the results shall be submitted for review to the governmental unit having jurisdiction in a format specified by the department.

(e) The governmental unit or the department may request more than one USGS groundwater well or other wells assigned by the governmental unit or the department be used to complete the hydrograph procedure.

(f) The governmental unit or the department may reject or suspend use of the hydrograph procedure when erratic groundwater tables are present due to recent, significant recharge events.

(5)   Artificially controlled navigable waters determination.

(a) If the groundwater elevation at a site is influenced by the artificial control of navigable waters by a recognized management entity, all of the following conditions shall be addressed:

1. If loamy sand or coarser soil textures prevail at a site, the groundwater elevation at the site shall be compared to the current and highest controlled navigable water elevation.

2. The highest normal groundwater elevation at such sites shall be the higher of either the observed elevation or an adjusted elevation based on the controlled water.

(b) An artificially controlled navigable waters determination report shall be prepared and submitted for review to the governmental unit having jurisdiction upon completion of the determination and associated report.

(6)   Soil saturation observation pipe removal. The following requirements shall apply to all groundwater elevation observation pipes installed pursuant to this section:

(a) Removal timeline. Unless specifically approved by the governmental unit or department, all groundwater elevation observation pipes shall be removed within 60 days after the completion of soil saturation determination.

(b) Contamination conduit. Any groundwater elevation observation pipe found by the department or governmental unit to be acting as a conduit for groundwater contamination shall be ordered removed immediately.

(7)   Verification.

(a) Verification.

1. The governmental unit or department may request verification of soil saturation determinations pursuant to s. SPS 385.50 (2) , and proper observation pipe installation pursuant to this section.

2. The governmental unit or the department may require any groundwater elevation observation pipe deemed by the governmental unit or the department to be in poor contact with the surrounding soil to be reinstalled pursuant to this section.

(b) On-site visits.

1. The governmental unit or department may visit sites during soil saturation determination periods or at other reasonable times to determine the accuracy of data.

2. A written record of on-site visits in subd. 1. shall be maintained by the agency conducting the visits.

Cr. Register, April, 2000, No. 532 , eff. 7-1-00; CR 02-129 : r. and recr. (1) and (3) (h) 1., am. (2) (c) (intro.), (2) (c) 2. b., (3) (i) 1. (intro.) and 2., (4) (a) 1. and 2., (4) (c) (intro.), 2. b., 5., (d) (intro.) and 3., r. (3) (b), cr. (4) (a) 3., (4) (e) and (f), and (5), renum. (5) and (6) to be (6) and (7) Register January 2004 No. 577 , eff. 2-1-04; corrections in (3) (a) and (h) made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577 ; CR 07-100 : am. (4) (c) 5., (d) 3. and (5) (b) Register September 2008 No. 633 , eff. 10-1-08; correction (2) (c) 1., (f) 3. (intro.), a., f., (g) 1., (i) 1. a., (4) (c) 1., (d) 1., (7) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672 .

Note

The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at [e-mail] , or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms. Microsoft Windows NT 6.1.7601 Service Pack 1 The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at [e-mail] , or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms. Microsoft Windows NT 6.1.7601 Service Pack 1 The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE or 411 (Telecommunications Relay) or at [e-mail] , or at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms. Microsoft Windows NT 6.1.7601 Service Pack 1