NR 528.07(2)(b)2.c.c. Use the accumulated sediment in lieu of or in combination with topsoil, provided it is capable of supporting a vegetative cover. NR 528.07(2)(b)3.3. Revegetate, mulch or otherwise stabilize the sediment within 48 hours of completing the sediment disposal. NR 528.07(3)(3) Confined geotechnical fill. The accumulated sediment may be used as confined geotechnical fill for a variety of uses such as subbase under paved lots and subbase or subgrade for building construction. NR 528.07 NoteNote: Examples of confined geotechnical fill uses may include construction and maintenance of non-department of transportation projects, bridge abutment backfill or other similar uses in which the sediment is covered by an impervious surface such as concrete, asphalt, a building or similar material and thus not exposed to the environment.
NR 528.07(4)(4) Landspreading. The sediment manager shall ensure that the appropriate sections of the certification form provided by the department are completed and the other requirements in s. NR 528.06 are complied with. When landspreading the accumulated sediment, all of the following shall apply: NR 528.07(4)(a)(a) Site evaluation. The site where the accumulated sediment is proposed to be landspread shall be evaluated to ensure that the site is suitable. The site evaluation shall include the soil factors in Table 3 and may include assessment of organic matter content, cation exchange capacity, soil permeability and any other characteristics or factors that would affect the mobility and attenuation of pollutants present in the sediment. The site shall meet the locational criteria in s. NR 528.04 (1) Table 1. NR 528.07(4)(b)(b) Application rate and depth. The application rate of accumulated sediment may not exceed 5 dry tons per acre per year and may not exceed 15 dry tons per acre total loading during the life of the landspreading site. The depth of the application may not exceed 18 inches. NR 528.07(4)(b)1.1. Neither the 5 dry tons per acre per year application rate limitation or the 15 dry tons per acre landspreading site life limit apply when accumulated sediment is used as a component of a marketable soil amendment product pursuant to a contract or used to facilitate nonmetallic mine reclamation as part of an approved reclamation plan. NR 528.07(4)(b)2.2. The 5 dry tons per acre annual limit and the total loading limit of 15 dry tons per acre landspreading life may be adjusted based on soil sampling results, plant tissue monitoring data, landspreading site records or other data. All data necessary to justify the exceedances and extended use shall be collected and evaluated and all data and records shall be maintained in accordance with s. NR 528.08. Table 3
Soil Factors for Site Evaluation
1 Obtain from soil survey, not in-field test
2 Acceptable only when incorporated
3 Acceptable only with increased site management determined by the sediment manager
NR 528.07(4)(c)(c) Nutrient content. The nitrogen and phosphorous content shall be provided to the receiver of the accumulated sediment if the receiver has a nutrient management plan for the acreage where the accumulated sediment will be landspread. NR 528.07(4)(d)(d) Uniform application. The application of accumulated sediment to the land surface shall be uniform when surface applied, as well as during injection or incorporation. NR 528.07(4)(e)(e) Application limitations. Accumulated sediment may not be applied under any of the following situations: NR 528.07(4)(e)2.2. When precipitation capable of producing runoff is forecast within 24 hours of the time of planned application, during or immediately after a precipitation event. NR 528.07(4)(f)(f) Pathogens. In all cases where a pathogen risk exists due to the presence of pathogens, as indicated by evidence of the pathogen or indicator organism and level per s. NR 528.06 (3) (b) 4., the following management practices shall be implemented: NR 528.07(4)(f)1.1. At a minimum, accumulated sediment shall be incorporated into the surface soil to a depth of at least 6 inches by disking or an equivalent process and may include other measures such as signage, restriction on site access or other appropriate measures. NR 528.07(4)(f)2.2. The following waiting periods and access restrictions shall apply beginning on the date when the landspreading activity is completed: NR 528.07(4)(f)2.a.a. When lands are used for the production of forage crops, landspreading shall occur only after harvest has occurred and before any new growth reaches 6 inches. NR 528.07(4)(f)2.b.b. When lands are used for food crops intended for human consumption, a period of at least 14 months shall elapse prior to emergence of the food crop. NR 528.07(4)(f)2.c.c. When lands are used for grazing, at least 30 days shall elapse prior to allowing access to non-dairy animals and at least 60 days shall elapse before allowing access to dairy animals. NR 528.07(4)(f)2.d.d. When lands are subject to public access or used for the harvest of crops grown for fiber or any other forage or crop production, not covered in this subd. 2. a. to c., a period of at least 30 days shall elapse before the site may be accessed or used.