In addition to all other applicable conditions in this part, the following conditions shall apply to all temporary and permanent filling activities:
(a) Fill shall be clean sand, gravel, rock, or other material that:
- (1) Meets the project’s specifications for its use; and
- (2) Does not contain any material that could contaminate surface or groundwater or otherwise adversely affect the ecosystem in which it is used;
- (b) Limits of fill shall be clearly identified prior to commencement of work and controlled in accordance with Env-Wt 307.03 to ensure that fill does not spill over or erode into any area where filling is not authorized;
- (c) Slopes shall be immediately stabilized by a method specified in Env-Wq 1506 or Env-Wq 1508, as applicable, to prevent erosion into adjacent wetlands or surface waters;
- (d) No fill shall be allowed to achieve setbacks to septic systems specified in Env-Wq 1000;
- (e) Fill shall be not placed so as to direct flows onto adjacent or down-current property;
- (f) Swamp mats and construction mats shall be deemed temporary fill for new authorizations only if they meet the requirements of (h)(1) and (h)(2), below;
- (g) Authorized temporary fill other than swamp mats, construction mats, and corduroy shall be placed on geotextile fabric laid on preconstruction wetland grade;
(h) Subject to (i), below, temporary fill shall be:
- (1) In place no longer than one growing season;
- (2) Removed immediately upon work completion; and
- (3) Disposed of at an upland location in a manner that prevents its erosion into a surface water or wetland;
(i) Corduroy shall be deemed temporary fill that may be left in place if it:
- (1) Is installed as part of a skid trail in accordance with the Forestry BMPs;
- (2) Does not exceed 1,000 LF and 20,000 SF per crossing; and
- (3) Does not cross or have permanent impacts to a perennial stream, marsh, PRA, or vernal pool;
- (j) Wetlands and surface waters shall be restored to pre-impact conditions and elevation as specified in Env-Wt 307.12(i), below, unless otherwise authorized in an issued permit;
(k) Swamp mats shall be:
- (1) Properly installed, not dragged into position; and
- (2) Removed immediately upon the completion of work; and
(l) No fill shall take place in a PRA unless:
- (1) Specifically authorized by the department in an issued permit; or
- (2) Authorized under applicable project-specific provisions.
Source. #12803, eff 12-15-19; amd by #13124, eff 10-23-20