Friday, March 30, 2007

Soil & Sediment Control and Stormwater Changes


The following letter was received by Aaron Halberg, P.E. on March 30th via e-mail from Randy Baldwin, Director, Integrated Services for the Safety & Buildings Division of the Wisconsin Department of Commerce along with his apology for the late notice due to many last minute decisions:

APRIL 1 SOIL & SEDIMENT CONTROL AND STORMWATER CHANGES

Revisions to the Commerce erosion control and post construction storm water rules become effective on April 1, 2007. The changes to the mandated measures, additional performance requirements and processes are not enough of a change to cause a tremendous shock to Wisconsin’s construction industry, but the heightened awareness and subtle changes may create a tremor.

First of all, what’s changing? Here is a list of what will be different for erosion and sediment control in Wisconsin on April 1, 2007.

* A $25.00 fee must be included with the submittal of an electronic NOI (Notice of Intent) for a commercial building site where one acre or more surface area will be disturbed during construction.

* A $325.00 fee for a paper submittal of an NOI and plan summary. The paper submittal of an NOI and erosion and sediment control plan summary may be necessary when the online NOI process does not match your design methodology..

* NOI submittals to Commerce for commercial buildings will not be accepted without a plan summary. This plan summary will state what methods are included in the erosion and sediment control plan for meetings the performance requirements of Comm 60.

There are three options for this plan summary.
1) The first method is a completed soil loss analysis Excel spreadsheet that creates an answer that complies with the soil loss requirements in Comm 60. This soil loss standard is met by altering the time the site is open or by applying practices to the site.
2) The second method is by complying with the time periods listed in the appendix tables A-60.20-1 and -2.
3) The third method includes the submission of an erosion control plan summary that meets the 80% reduction in sediment contained in runoff from the construction site.

* All buildings constructed in Wisconsin that are under Commerce authority, including one- and two-family dwellings, are required to have an erosion and sediment control plan on site. The plan must meet the requirements of s. Comm 21.125 (3) or s. Comm 60.20(3), Wis. Adm. Code. In most cases, mandated practices create a compliant small site of less than one acre disturbed area.

* All building sites of less than one acre disturbed area must have the mandated practices implemented during the construction period The mandated practices include: some form of perimeter control, a means to keep soil from leaving the site on vehicle tires and through dewatering activities, onsite inlet protection, and stockpile protection.

April 1 Notice of Intent Changes Implementation—FOR COMMERCIAL BUILDING SITES

Information, answers to questions, on line educational opportunities for these subjects, etc. can be found on http://www.commerce.state.wi.us/SB/SB-SoilErosionControlProgram.html

On Friday March 30 at 4:00 PM the current web submittal for Notice of Intents will be shut down for conversion to the new application.

After that time, if you want to file an NOI under the pre-April 1 code you must send in the paper Form Number10376 found on our web site at the link below and have the mailing postmarked March 31, 2007 or earlier. http://www.commerce.state.wi.us/SB/SB-DivForms.html#commercial

On Monday April 2 the new version of the Notice of Intent/Plan Data Summary will be activated for web submittal. Click on Number 3 at the link below. http://commerce.wi.gov/SB/SB-DivPlanRevSchedLaunch.html


NOTICE OF INTENT-SOIL EROSION CONTROL PLAN REVIEW PROCESS

Beginning April 1, 2007

The designer/Submitter of the NOI will evaluate the site conditions, determine solutions and prepare a plan to satisfy erosion-and sediment control code requirements

The designer/submitter of NOI will double check the plan using the approved methods from
the code appendix, or the Revised Universal Soil Loss Equation (RUSLE) spreadsheet found on the Safety & Building website and incorporated in the online submittal, or RUSLE 2 program developed by the USDA or some other method acceptable by the department.

Submit via Mandatory online entry of the plan summary and NOI request except for site specific plans that do not comply with the approved methodologies in the code appendix, or the RUSLE spreadsheet, or RUSLE 2.
If the RUSLE method is chosen the submitter will have to complete the spreadsheet on line. The results will be validated and the submittal will not be allowed to be completed until the summary indicates a complying soil loss per acre.

(If your plan is based on a method other than the approved methodologies in the code appendix, or the RUSLE spreadsheet, or RUSLE 2, plan submittal must be done by paper. This paper submittal requirement is also for designs where the overall soil loss is determined using the RUSLE spread sheet for various parts of a site. The fee is the $25 NOI fee +$200 miscellaneous review fee + $100 submittal fee. Submit to our Madison office only. Plans will be assigned upon receipt to the next available opening).

$25 online payment can be made via credit card, or request by the submitter to be invoiced. For the first few weeks in April the credit card functionality will not be ready. Instead, the Submitter of the NOI will be invoiced for the $25. Payment is expected within 30 days of receiving the invoice.

Submitter agrees to self certify compliance (remember to check the box on the web screen first, then submit).

The plan methodology summary and site information is accepted into our database. The data is auto filled into an electronic calculator that determines whether or not the plan meets the acceptable soil loss per acre standard.

An NOI acknowledgement letter/plan summary approval is emailed to the Submitter of NOI and other entered customers for which email addresses were provided.

The NOI acknowledgement /plan summary approval letter is printed and signed by the OWNER . The owner or owner’s agent attaches a copy of the signed NOI acknowledgement letter to the prepared erosion-sediment control plan and maintains those on the building site.

The owner/owner’s agent implements and maintains the Erosion and Sediment Control plan on the site. The owner/owner’s agent monitors and maintains the erosion control measures on the site as per the plan. This includes documenting in a log book, a record of the owner/owner’s agent site inspections and maintenance events. This log book is kept on the building site and available for inspection.

Inspectors make periodic site visits to monitor erosion-sediment control compliance.

Acknowledged NOI’s will be displayed on the web in the “Search Commerce Records” database by Fall 2007.

At this time, submitters have a choice to submit the NOI’s and plan summary to the Department of Commerce or to Commercial Building Certified Municipalities for projects within their jurisdiction, unless that municipality chooses to waive the submittal to Commerce.
Inspection is the responsibility of the Certified Municipality. The municipality may also require other local reviews and permits.

Commercial Building Delegated Agents are not mentioned in Comm 60 at this time. In the future, Commerce will work with municipalities for the delegation of erosion and sediment control & post construction storm work.

Where plumbing systems are utilized for stormwater management, plumbing plans are required to be submitted to Commerce or to a Plumbing Agent Municipality in accordance with Tables 82.20 -1 & 2. If the plans include subsurface infiltration serving stormwater dispersal, the plans must be submitted to Commerce or, if, within their boundaries, to the City of Eau Claire, Janesville, Madison, Sheboygan.

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