Section NR 504.075 - Soil borrow sources(1) GENERAL. This section applies to all soil borrow sources developed for the purpose of constructing, operating or closing landfills. Written approval from the department shall be obtained prior to initiating soil borrow activities at any borrow source subject to these requirements.(2) EXEMPTIONS. (a) The following activities are exempt from the requirements of this section: 1. Production of processed aggregate products.2. Excavation of soils from construction projects off of the landfill property, provided the soils will be used for purposes other than a compacted clay liner or capping layer, soil barrier layer, leachate collection layer or final cover drain layer.(b) Soil borrow sources which are exclusively within the proposed or approved limits of filling for a landfill or areas where soils are obtained from excavation projects developed primarily for purposes other than construction, operation or closure of a landfill are not subject to the requirements of subs. (3) and (4) (b).(3) INITIAL SITE INSPECTION. An initial site inspection shall be conducted in accordance with s. NR 509.04 for each proposed so ilborrow source.(4) LOCATIONAL INFORMATION. (a) Submittals for soil borrow sources shall include a description of total acreage, ownership, location by quarter - quarter section and by parcel corner using a coordinate system and datum acceptable to the department, present land uses, transportation routes, any access restrictions and travel distance to and from the landfill.(b) Submittals for soil borrow sources shall include site-specific surface water drainage patterns and significant hydrologic features such as surface waters, springs, drainage divides and wetlands; areas of special natural resource interest; and historical or archaeological areas within and adjacent to the proposed limits of excavation.(5) FIELD AND LABORATORY INVESTIGATIONS FOR CLAY BORROW SOURCES AND SOIL BARRIER LAYER SOURCES. Submittals for soil borrow sources shall include field and laboratory investigations to define the physical characteristics of any clay borrow source or soil barrier layer source designated to be used for a liner or final cover for the landfill. An alternative geotechnical investigation program may be used if it is approved by the department in writing prior to performing the field and laboratory investigations. An alternative geotechnical investigation program may be submitted in cases where previous information exists regarding the proposed soil borrow source. Submittals for soil borrow sources shall include justification for any reduction in sampling or testing frequency required by this section or by an approved alternative geotechnical investigation. (a) A minimum of 10 test pits or borings for the first 5 or less acres and one test pit or boring for each additional 3 or less acres shall be excavated or drilled on a uniform grid pattern across each proposed borrow source to document the depth, lateral extent and uniformity of the clay or soil barrier layer. The department recommends using test pits as the method of borrow source investigation. Logs identifying the geologic origin, testing results, USCS classification and a visual description of each major soil unit encountered shall be included with the submittals for soil borrow sources.(b) A minimum of 2 representative samples from each test pit or boring shall be analyzed by a soils laboratory for Atterberg limits and grain size distribution to the 0.002 millimeter particle size using mechanical and hydrometer methods. Each sample shall be classified according to the USCS.(c) A minimum of one representative sample from each major soil unit shall be tested for the relationship of water content to dry density using either the modified or standard Proctor method. For uniform clay deposits or uniform soil barrier layer source deposits, no fewer than 3 samples shall be tested. Each Proctor curve shall be developed with a minimum of 5 points. If the line of optimums method is anticipated to be used in construction, both the standard and modified Proctor curves shall be developed for each representative sample.(d) A minimum of one laboratory hydraulic conductivity test shall be conducted on each sample used to develop the Proctor curves. The samples tested shall be at or above the optimum moisture content. This requirement does not apply if the soil borrow source is contiguous with a previously approved borrow source for clay or soil barrier layer soils and all field observations and laboratory test results support an interpretation that the soil borrow source occupies the same soil horizon and has the same genesis as the previously approved borrow source. Support for such a conclusion shall be provided in the submittals for soil borrow sources.(6) STOCKPILING. Stockpiling of soils obtained from clay borrow sources and soil barrier layer sources for landfill liner or final cover construction shall be conducted in an organized manner that minimizes mixing of dissimilar soil types. Soils shall be segregated into stockpiles based on similar USCS soil type, soil gradation, Atterberg limits and compaction specifications. Soils from differing sources may not be commingled unless soil properties are similar.(7) DATA PRESENTATION FOR ALL CLAY BORROW SOURCES AND SOIL BARRIER LAYER SOURCES. Submittals for soil borrow sources for clay and soil barrier layers shall include all of the following: (a) The calculated volume of soil needed and the volume of acceptable soil available.(b) Property boundaries and any test pit or boring locations, shown on a topographic map with a scale of 1 inch = 500 feet and provided in a digital format acceptable to the department. The mapped area shall extend a minimum of 500 feet beyond the proposed borrow source.(c) An isopach map showing the thickness of acceptable soil.(d) A description of the methods to be used for separating the acceptable soil from any unacceptable soil.(e) A proposal for maintaining drainage and sedimentation control.(f) All data obtained from the testing program.(8) DATA PRESENTATION FOR OTHER BORROW SOURCES. Submittals for soil borrow sources other than those used for clay and soil barrier layers shall include all of the following:(a) Property boundaries shown on a topographic map with a scale of 1 inch = 500 feet and provided in a digital format acceptable to the department. The mapped area shall extend a minimum of 500 feet beyond the proposed borrow source.(b) A proposal for maintaining drainage and sedimentation control.(9) STORMWATER MANAGEMENT. Submittals for soil borrow sources shall include a stormwater management plan that complies with the requirements of s. NR 504.09(1) (a) to (f) and (h) to (j), unless the borrow source is subject to other permits with equivalent authority and requirements, such as a stormwater discharge permit or non-metallic mining reclamation permit.(10) RECLAMATION OF BORROW SITES. Submittals for soil borrow sources shall include a reclamation plan detailing the actions to be taken to achieve successful reclamation of the borrow source. (a) Reclamation plans for borrow sources on the property where the landfill is located shall specify a post-mining land use that is integrated with the existing and proposed drainage, surface water discharge requirements, grades and final use of the landfill. The reclamation plan shall be prepared consistent with the applicable standards in ss. NR 135.06 to 135.12.(b) Soil borrow areas that are not on the landfill property are subject to the provisions of ch. NR 135 and, if required, shall submit a reclamation plan and obtain a nonmetallic mining reclamation permit from the appropriate regulatory authority.(11) OTHER REQUIREMENTS. (a) Clay borrow sources and soil barrier layer sources proposed for a liner or final cover that have less than a 5 foot but greater than 2 foot uniform thickness may be approved if the applicant demonstrates an excavation methodology and a documentation procedure to ensure that all soil used meets soil index properties required by this chapter.(b) Submittals for soil borrow sources shall include a description of any necessary measures to be taken to comply with wetlands protection requirements, runoff and sediment controls and surface water discharge permit requirements and to minimize effects on areas of special natural resource interest and historical or archaeological areas within and adjacent to the proposed limits of excavation.Wis. Admin. Code Department of Natural Resources NR 504.075
CR 05-020: cr. Register January 2006 No. 601, eff. 2-1-06.It may be necessary to obtain federal, state or local permits prior to excavating soil from a borrow source near surface waters or wetlands. For example, s. 30.19(1g) (c), Stats., requires a permit for grading or removing top soil from the bank of any navigable stream, lake or body of navigable water where the area exposed by such grading or removal will exceed 10,000 square feet. It is the responsibility of the applicant or property owner to obtain any federal, state or local permits that are required and to provide reference to those other permit applications in the submittals for soil borrow sources.