Wisconsin Legislature: SPS 385.30(2)(b)2.

(a) Soil profile excavations. A soil profile excavation shall be of such size and construction to allow accurate determination of soil characteristics.

(b) Soil borings.

1. Soil borings shall be created by means of a soil bucket auger, soil probe, split-spoon sampler or Shelby tube having at least a 2 inch diameter.

2. A soil boring may not be created by means of a power auger.

(c) Soil pits. A soil pit shall be of adequate size, depth and construction to enable a person to safely enter and exit the pit and to complete a morphological soil profile description.

Note: Occupational safety and health administration regulations (29 CFR 1926, Subpart P) apply to certain types of excavations, and the persons entering such excavations need to be familiar with those regulations.

(4) Soil evaluation conditions.

(a) Soil color evaluations shall be performed on days when light conditions permit accurate color determinations.

(b) Frozen soil material shall be thawed prior to conducting evaluations for soil color, texture, structure and consistence.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; correction in (2) (b) 1. b., c., d. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 385.30 Soil profile description and interpretations.

(1) General.

(a) A soil profile description shall be prepared for each soil profile excavation constructed.

(b) Soil profile descriptions shall be written in accordance with the descriptive procedures, terminology and interpretations found in Chapter 3 of the Soil Survey Manual, USDA, October, 1993, except where modified by, or in conflict with, this chapter.

(c) A soil profile description to substantiate soil application rates shall include at least all of the following morphological information for each soil horizon or layer:

1. Thickness in inches or decimal feet.

2. Munsell soil color notation.

3. Soil mottle or redoximorphic feature color, abundance, size and contrast.

4. United States Department of Agriculture, USDA, soil textural class with rock fragment modifiers.

5. Soil structure grade, size and shape.

6. Soil consistence.

7. Root abundance and size.

8. Soil boundary.

9. Occurrence of saturated soil, groundwater, bedrock or disturbed soil.

(d) A soil profile description to substantiate soil characteristics other than for application rates shall include the information specified in par. (c) 1. to 4. and 9.

(2) Soil interpretations.

(a) Redoximorphic features or mottles shall be interpreted as zones of seasonal or periodic soil saturation or groundwater, except as provided under sub. (3).

(b) Unless otherwise determined under s. SPS 385.60, the highest elevation of seasonal soil saturation shall be the ground surface where redoximorphic features are present within 4 inches of any of the following:

1. An A horizon that extends to the ground surface.

2. The lower boundary of overlying fill material where no buried A horizon exists.

3. An A horizon buried by overlying fill material.

(3) Soil color pattern exemptions.

(a) Without filing a report under s. SPS 385.60 (2), a certified soil tester may discount the following conditions, not limited by enumeration, as indicators of seasonally saturated soil:

1. Fossilized soil color patterns formed by historic periodic soil saturation.

2. A soil profile where redoximorphic features are confined within 12 inches of tension saturated silt loam or finer textured soil immediately overlying unsaturated coarse sandy loam or coarser textured soil that has a depth in the coarser material adequate to accommodate a distribution cell and dispersal zone.

3. A soil profile where redoximorphic features are confined within 24 inches of tension saturated silt loam or finer textured soil immediately overlying unsaturated coarse loamy sand or coarser textured soil that has a depth in the coarser material adequate to accommodate a distribution cell and dispersal zone.

4. Residual sandstone colors.

5. Unevenly weathered glacially deposited material, glacially deposited material naturally gray in color, or concretionary material in various stages of decomposition.

6. Deposits of lime.

7. Light colored silt or fine sand coatings on soil ped surfaces.

(b) Without filing a report under s. SPS 385.60 (2) for a specific site, the department may accept the results of soil saturation determinations or of the hydrograph procedure under s. SPS 385.60 previously conducted for areas adjacent to the site, provided that the soil profile descriptions and interpretations confirms that the soil and site conditions are similar for the specific site and the adjacent areas.

(4) Soil color pattern reports. The certified soil tester shall report and describe any soil color pattern exemptions encountered.

(5) Determination requests. A certified soil tester may request assistance by the governmental unit or department staff in evaluating the significance of unusual soil color patterns as indicators of soil saturation that may not indicate saturated soil conditions. The governmental unit or department may decline to provide such assistance, and defer to the use of soil saturation determinations pursuant to s. SPS 385.60 or some other method.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: r. and recr. (2) (b) and (3) (a) 2. and 3. Register January 2004 No. 577, eff. 2-1-04; CR 07-100: am. (5) Register September 2008 No. 633, eff. 10-1-08; correction in (2) (b) (intro.), (3) (a) (intro.), (b), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 385.40 Evaluation reports.

(1) General. A soil evaluation report shall be prepared and submitted to the governmental unit having jurisdiction upon the completion of the evaluation and associated report form.

(2) Soil report certification and format.

(a) Soil evaluation reports. Soil evaluation reports shall be prepared in a format specified by the department and this chapter.

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 docsales@doa.state.wi.us, or at no charge at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.

(b) Certification.

1. Except as provided in subd. 2., each page of a soil evaluation report shall bear:

a. The signature of the certified soil tester who collected the data;

b. The certified soil tester’s identification number; and

c. The date the report is signed.

2. When more than one sheet of a soil evaluation report is bound together into one volume, only the title sheet shall:

a. Be required to be signed, dated and bear the identification number of the certified soil tester who collected the data; and

b. Clearly identify all other sheets comprising the bound volume.

Note: Nothing in this chapter is intended to prohibit the submission and acceptance of planning documents in an electronic or digital media.

(3) Report contents.

(a) Site report. A site evaluation report shall include at least all of the following:

1. The site’s legal description to within 40 acres.

2. The date the data was collected.

3. A legible and permanent site plan that complies with all of the following:

a. Is presented on paper no smaller than 8 ½ inches by 11 inches in size.

b. Is drawn to scale or fully dimensioned.

c. Shows the extent of the site evaluated for soil dispersal or treatment.

4. Location information for all points under investigation including structures, property lines and other encumbrances to the treatment or dispersal component placement on the site.

5. Pertinent elevation data, such as:

a. A reference to, and description of, a permanent vertical and horizontal reference point or bench mark from which all distances and elevations are delineated on the site plan;

b. The natural, undisturbed surface grade elevation for all soil profile excavations;

c. The percent and direction of land slope for the site under evaluation;

d. Ground surface contour lines at an interval appropriate for the conditions present;

e. The floodplain elevation, if established, and current surface elevation of any adjacent navigable waters or reservoir; and

f. The existing grade adjacent to the groundwater elevation observation pipe, the top of the observation pipe, and the bottom of the observation pipe.

(b) Soil report. A soil evaluation report shall include at least all of the following:

1. A site evaluation report pursuant to par. (a).

2. The date soil evaluations were conducted.

3. The site’s legal description to within 40 acres.

4. Soil profile descriptions pursuant to s. SPS 385.30 for all soil profile evaluation excavations.

History: Cr. Register, April, 2000, No. 532, eff. 7-1-00; CR 02-129: am. (3) (a) 3. (intro) Register January 2004 No. 577, eff. 2-1-04; correction in (3) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 17-065: am. (2) (b) 1. a. Register June 2018 No. 750, eff. 7-1-18.

SPS 385.50 Governmental unit review.

(1) General.

(a) A governmental unit shall review all soil evaluation reports and site evaluation reports within 6 months of receipt.

(b) Upon completing the review of a soil evaluation report a governmental unit shall accept the report, reject the report, request additional information or clarification, or require verification under sub. (2).

(c) When a report is deemed acceptable, a governmental unit shall so indicate on the report and file the report for future reference.

(d) If the report is not acceptable, a governmental unit shall notify the submitter in writing and shall state the deficiencies or actions, or both, necessary to bring the report into compliance with this chapter or ch. SPS 383.

(2) Verification.

(a) Soil.

1. The governmental unit or the department may require the property owner or the certified soil tester to provide soil pits in accordance with s. SPS 385.20 (3) for verification of soil profile evaluation data.