(1) APPLICATION REQUIRED. A county drainage
board shall apply in writing for department approval of a proposed action under
s.
ATCP 48.34. The application shall include all of the
following information, in detail commensurate with the proposed action:
(a)
District name or number.
The name or number, or proposed name or number, of the drainage
district.
(b)
Proposed
action. A statement describing the proposed action.
(c)
Objectives. The
objectives which the county drainage board expects to achieve by taking the
proposed action. If the county drainage board expects to improve drainage, the
county drainage board shall express its drainage objectives in terms of
drainage volume, thoroughness of drainage, geographic scope of drainage, or
other pertinent drainage measures.
(d)
Persons requesting
action. The persons, if any, who are asking the county drainage board
to take the proposed action.
(e)
Estimated cost. The estimated cost of the proposed action,
including any damage awards to landowners who will be adversely
affected.
(f)
Design
specifications. Design specifications for the proposed action,
prepared by an engineer who is qualified under s.
88.21(5),
Stats. The design specifications shall comply with applicable standards under
subch. IV. The engineer preparing the design specifications shall state
whether, in the engineer's judgment, the proposed action as designed will be
effective in achieving the county drainage board's stated objectives.
(g)
Lands and waters
affected. A map showing the location of the proposed action, and the
location of the lands and waters affected by the proposed action. The map shall
indicate all of the following if relevant:
1.
The current and proposed use of the affected lands.
2. The topography of the affected
lands.
3. The location of any
affected wetlands.
4. The identity
and location of any affected navigable waterway, stormwater management
district, lake district, priority watershed or lake under s.
281.65,
Stats., or wellhead protection area under ch. NR 811.
5. The identity and location of any affected
building, transportation corridor or utility easement.
(h)
Hydrology analysis. A
hydrology analysis, prepared by an engineer who is qualified under s.
88.21(5),
Stats. The hydrology analysis shall analyze the effect of the proposed action,
if any, on all of the following:
1. Water
surface elevations in district drains at base flow. The hydrology analysis
shall use a method described in ch. ATCP 48 Appendix A, or another method
approved by the department, to estimate water surface elevations at base
flow.
2. Peak water surface
elevations in district drains in the event of a 10-year 24-hour storm event.
The hydrology analysis shall use the method described in ch. ATCP 48 Appendix
A, or another method approved by the department, to estimate peak water surface
elevations in the event of a 10-year 24-hour storm event.
3. Peak water surface elevations in district
drains in the event of a 25-year 24-hour storm event. The hydrology analysis
shall use the method described in ch. ATCP 48 Appendix A, or another method
approved by the department, to estimate peak water surface elevations in the
event of a 25-year 24-hour storm event.
(i)
Construction plan. A
construction plan, if applicable, including all of the following:
1. A plan for controlling construction site
erosion.
2. The estimated amount of
material, if any, that will be removed.
3. A plan for depositing removed material, if
any, including the location and configuration of any deposits.
(j)
Notice and public
hearing. A statement that the county drainage board has complied with
the notice and public hearing requirement under sub. (2).
(k)
Formal changes to cross-section,
grade profile or alignment. All of the following information if the
county drainage board proposes to change the formally established
cross-section, grade profile or alignment of a district drain:
1. The cross-section, grade profile or
alignment which the county drainage board proposes to change.
2. The new cross-section, grade profile or
alignment proposed by the county drainage board. The new specifications shall
be prepared by an engineer who is qualified under s.
88.21(5),
Stats.
3. If the county drainage
board proposes to change a formally established alignment, a statement that the
county drainage board has complied with s.
ATCP 48.21(4) (a) 1.
4. If the county drainage board proposes to
change a formally established grade profile, a statement that the county
drainage board has complied with s.
ATCP 48.21(5) (a) 1. and 2.
(L)
Assessment of benefits
to landowners. A statement explaining how the proposed action will
affect the assessment of benefits to landowners under s.
ATCP 48.06, if at all.
Note: See s.
ATCP 48.06(2) (a) and s.
88.46,
Stats.
(m)
Financing plan. The drainage board's plan for financing the
proposed action, including any proposed cost assessments to lands in the
drainage district.
Note: See s.
ATCP 48.02.
(n)
Environmental effects.
An assessment of how the proposed action may affect the human and natural
environment, including effects on all of the following:
1. Lands and land uses identified under par.
(g).
2. Surface water levels,
quality and temperature.
3.
Groundwater levels and quality.
(o)
Alternatives. An
assessment of alternatives to the proposed action, including the alternative of
doing nothing. The assessment shall discuss the relative benefits, costs and
environmental effects of the alternatives.
(2) COUNTY DRAINAGE BOARD; NOTICE AND HEARING
ON PROPOSED ACTION. Before a county drainage board submits an application to
the department under sub. (1), it shall do all of the following:
(a) Publish a hearing notice and hold a
public hearing on the proposed action. The notice and hearing shall comply with
applicable requirements under s.
88.05 and
88.065,
Stats. The hearing notice shall clearly describe the proposed action.
(b) Give members of the public at least 30
days, following the public hearing under par. (a), to comment on the proposed
action.
(3) COPIES
FILED WITH OTHER AGENCIES. Whenever a county drainage board files an
application with the department under sub. (1), the county drainage board shall
simultaneously file copies of the application with all of the following:
(a) The Wisconsin department of natural
resources.
(b) The United States
army corps of engineers.
(c) The
county zoning administrator.
(d)
The county land conservation committee.
(e) Every municipality affected by the
proposed action.
(f) The county
highway committee if the proposed action may affect a public highway.
(4) ADDITIONAL INFORMATION. The
department may require a county drainage board to file additional information,
as necessary, before approving or disapproving an application under sub. (1).