Chapter Trans 401

Trans 401.06(4) (4) Sediment cleanup and removal. The contractor shall clean up or remove sediment discharged as a result of a storm event in a manner consistent with this chapter and in a timely fashion as conditions allow at the direction of the project engineer. The utility person shall clean up or remove sediment discharged because of a storm event in a manner consistent with this chapter and in a timely fashion as conditions allow at the direction of the department’s authorized representative. The contractor or utility person shall clean up or remove other off–site sediment discharged by construction or maintenance activity at the end of each work day. Costs incurred under this subsection because of a storm event shall be borne as provided in s. Trans 401.12.

Trans 401.06(5) (5) Public sewer inlet protection. The contractor or utility person, in accordance with best management practices, shall protect downslope, off–site public sewer inlets reasonably subject to a discharge and downslope, on-site public sewer inlets.

Trans 401.06(6) (6) Building material and other waste disposal. The contractor or utility person shall properly manage and dispose of building materials and other wastes to prevent pollutants and debris from being carried off site by wind or runoff. No person may permit the discharge of any solid materials, including building materials, in violation of chs. 30 and 31, Stats., or section 404 permit requirements. The contractor or utility person shall dispose of building material and other solid wastes, including surplus materials from a project and materials not suitable for use on a project, in accordance with all applicable federal, state and local laws, regulations, rules and ordinances relating to the disposal of solid wastes.

Trans 401.06 Note Note: Contact the local fire department for directions on proper disposal of flammable, combustible, toxic materials and other hazardous substances.

Trans 401.06(7) (7) Groundwater limitations. When permanent infiltration systems are used, the department shall conduct appropriate on–site testing to determine if the seasonal high groundwater elevation or top of bedrock is within 5 feet of the bottom of the proposed infiltration system. If permanent infiltration systems are to be used and there is a well serving a community water system within 400 feet or a well serving a non-community or private water system within 100 feet, the groundwater flow must be identified in accordance with the provisions specified in either ch. NR 110 or 214.

Trans 401.06(8) (8) Discharge velocity; site dewatering.

Trans 401.06(8)(a) (a) The contractor or utility person shall place velocity dissipation devices at discharge locations and along the length of any outfall channel as necessary to provide a non–erosive flow from a structure to a water course that maintains and protects the natural physical and biological characteristics and functions of the water course.

Trans 401.06(8)(b) (b)

Trans 401.06(8)(b)1. 1. In this paragraph, “karst feature” means an area or surficial geologic feature subject to bedrock dissolution so that it is likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.

Trans 401.06(8)(b)2. 2. No contractor or utility person may knowingly direct site dewatering effluent into surface waters of the state or to a karst feature, unless the sediment in the effluent has been reduced to the maximum extent practicable and the discharge does not create an erosion problem downstream prior to entering a surface water of the state or a karst feature, or unless the department of natural resources has approved the action.

Trans 401.06 Note Note: This paragraph does not require the removal of sediment from dewatering effluent unless the effluent is going to surface waters or a karst feature. The preferred method of disposing of dewatering effluent without removing sediment is to direct the effluent to a pervious area, where water may infiltrate into the ground, instead of directing it into a surface water. Another method to dispose of effluent without removing sediment is to discharge the effluent to a sanitary sewer system. This method may be viable in urban areas where a sanitary sewer system is available, if the sewer authority allows such a discharge.

Trans 401.06 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: r. (intro.), am. (1) to (4), (6) and (7), r. and recr. (5), renum. (8) to be (8) (a) and am., cr. (8) (b) Register December 2002 No. 564, eff. 1-1-03.

Trans 401.07 Trans 401.07 Erosion control plan.

Trans 401.07(1g) (1g) General responsibility.

Trans 401.07(1g)(a) (a) The department shall prepare the erosion control plan for a project site of a project directed and supervised by the department.

Trans 401.07(1g)(b) (b) A utility person shall prepare the erosion control plan for any utility facility project that is not considered a minor utility facility project, unless the department elects to prepare an erosion control plan for the utility facility project. An erosion control plan is not required for a minor utility facility project.

Trans 401.07(1j) (1j) General.

Trans 401.07(1j)(a) (a) The erosion control plan shall be developed as part of a project’s design. Temporary best management practices in the erosion control plan shall be based on at least a 2-year 24-hour design storm or a 2-year design storm with a duration equal to the time of concentration. Permanent best management practices in the erosion control plan shall be based on at least a 10-year 24-hour design storm or a 10-year design storm with a duration equal to the time of concentration.

Trans 401.07(1j)(b) (b) The erosion control plan shall identify the best management practices to be employed before, during and after the completion of construction or maintenance activity, including the best management practices that will be employed to prevent pollution caused by storm water discharge after completion of the project. The department’s erosion control plan shall require the use of best management practices, alone or in combination as appropriate, that are specified in the standardized erosion control reference matrix published under sub. (1m). The department may require the use of a best management practice not specified in the matrix only if all of the following apply:

Trans 401.07(1j)(b)1. 1. The department determines through best professional judgment that those other best management practices will control erosion as effectively as the BMPs specified in the matrix published under sub. (1m).

Trans 401.07(1j)(b)2. 2. The department specifies in writing the reason for selecting that other best management practice.

Trans 401.07(1j)(c) (c) The erosion control plan may be prepared in written or pictorial format, or both formats, as necessary and appropriate to convey the design, intent, use and placement of best management practices.

Trans 401.07(1j)(d) (d)

Trans 401.07(1j)(d)1. 1. For projects directed and supervised by the department, if the department of natural resources, acting through the interdepartmental liaison procedures established under s. 30.2022, Stats., identifies areas or resources that require added safeguards, the erosion control plan shall include those areas or resources and the specific added safeguards as determined in consultation with the department of natural resources. This subdivision applies to any utility facility project that the department determines will be completed in conjunction with or in advance of a transportation facility project that is directed and supervised by the department.

Trans 401.07(1j)(d)2. 2. For a utility facility project not described in subd. 1., the utility person shall consult with the department of natural resources to identify any areas or resources that require added safeguards. When the department of natural resources identifies areas or resources that require added safeguards, the utility person shall include in the erosion control plan those areas or resources and the specific added safeguards as determined in consultation with the department of natural resources.

Trans 401.07 Note Note: Any activity involving a utility facility that does not require a permit issued by the department of transportation, and any action or area that is associated with a utility facility project but that is not authorized by a permit issued by the department of transportation, is subject to regulation by the department of natural resources.

Trans 401.07(1j)(e) (e) The erosion control plan may be developed as a separate project document or in segmented form throughout the project’s documents, including plans, special provisions, specifications and drawings.

Trans 401.07(1j)(f) (f) For a utility facility project that is not considered minor, a utility person shall submit the erosion control plan to the department for its approval along with its request for a permit for the project. The erosion control plan shall include selected sites, if any. The department may not approve the erosion control plan unless the utility person provides some evidence that it has consulted with the department of natural resources as required under par. (d) 2. No person may implement an erosion control plan for a utility facility project, unless the department has approved the erosion control plan in writing.

Trans 401.07(1m) (1m) Standardized erosion control reference matrix.

Trans 401.07(1m)(a) (a) The department of transportation, acting jointly with the department of natural resources, shall develop a standardized erosion control reference matrix that identifies best management practices that, when applied as specified in the matrix, meet the performance standards of this chapter, ch. NR 216 and ch. NR 151. The matrix shall address slope erosion and channel erosion and shall identify best management practices that prevent erosion, trap sediment, dissipate flow velocities, and direct the flow of runoff, and that minimize turbidity or silting of surface water caused by site erosion, discharge or runoff. The matrix may consider a variety of site conditions, including drainage area and slope distance. If the secretaries of both agencies, or their designees, recommend, in writing, the use of the matrix, the department of transportation shall publish the matrix in the facilities development manual. Once published, only the joint written statement of the secretaries of both agencies, or their designees, may amend the matrix.

Trans 401.07(1m)(b) (b) The department shall review the matrix published under par. (a) at least annually. In performing the review, the department shall consult with the department of natural resources, with an association representing a majority of county highway departments in this state, with a trade association representing transportation facility construction contractors who contract with this state, and with a trade association representing a majority of utility service providers in this state. In performing the review, the department shall consider the best management practices and site conditions described in the matrix, and each best management practice that was required in an erosion control plan during the preceding 12 months that was not specified in the matrix. If upon completing its review the department determines that the matrix should be amended, it shall present its recommendations to the secretary of the department and to the secretary of natural resources.

Trans 401.07(2) (2) Content. The erosion control plan for a project shall include, at a minimum, the following items:

Trans 401.07(2)(a) (a) The quarter, quarter-quarter, section, township, range, and the county in which the site is located.

Trans 401.07(2)(b) (b) A description of the site and the nature of the construction or maintenance activities.

Trans 401.07(2)(c) (c) A description of the intended sequence of major land disturbing activities.

Trans 401.07(2)(d) (d) Estimates of the total area of the site and the total area of the site that is expected to be disturbed by construction or maintenance activities.

Trans 401.07(2)(e) (e) Estimates, including calculations, if any, of the runoff coefficient of the site before and after construction or maintenance activities are completed.

Trans 401.07(2)(g) (g) Wherever permanent infiltration devices will be employed, the depth to seasonal high groundwater, as determined under s. Trans 401.06 (7), depth to top of bedrock, whichever depth is less, and any existing data describing the surface soil and subsoil at the project site.

Trans 401.07(2)(h) (h) The name of the immediate receiving waters, if any, from the United States geological survey 7.5 minute series topographic maps or other appropriate source.

Trans 401.07(2)(i) (i) A site map that includes the following items:

Trans 401.07(2)(i)1. 1. Existing topography and drainage patterns, roads and surface waters.

Trans 401.07(2)(i)2. 2. Boundaries of the site.

Trans 401.07(2)(i)3. 3. Drainage patterns and approximate slopes anticipated after major grading activities.

Trans 401.07(2)(i)4. 4. Areas of soil disturbance.

Trans 401.07(2)(i)5. 5. Location of major structural and non–structural best management practices identified in the plan.

Trans 401.07(2)(i)6. 6. Location of areas where best management practices will be employed for stabilization.

Trans 401.07(2)(i)7. 7. Areas that will be vegetated following construction or maintenance activities.

Trans 401.07(2)(i)8. 8. Location, area and extent of wetland acreage on the site and locations where storm water is discharged to a surface water or wetland.

Trans 401.07(2)(j) (j) A description of appropriate best management practices that will be employed at the site. The description shall include, when appropriate, the following minimum requirements:

Trans 401.07(2)(j)1. 1. The preservation of existing vegetation where attainable and the stabilization of disturbed portions of the project site.

Trans 401.07(2)(j)2. 2. Description of structural practices to divert flow away from exposed soils, to store flows or to otherwise limit runoff and discharges from the project site. Unless specifically approved in writing by the department, structural measures shall be installed on upland soils.

Trans 401.07(2)(j)3. 3. Management of overland flow at the project site.

Trans 401.07(2)(j)4. 4. Trapping of sediment in channelized flow.

Trans 401.07(2)(j)6. 6. Protection of downslope drainage inlets where they occur.

Trans 401.07(2)(j)7. 7. Minimization of tracking at the site.

Trans 401.07(2)(j)8. 8. Clean up of off-site sediment deposits.

Trans 401.07(2)(j)9. 9. Proper disposal of building and waste material at the project site.

Trans 401.07(2)(j)10. 10. Stabilization of drainage ways.

Trans 401.07(2)(j)11. 11. Installation of permanent stabilization practices as soon as possible after final grading.

Trans 401.07(2)(j)12. 12. Minimization of dust to the maximum extent practicable.

Trans 401.07(3) (3) Amendments; utility facility projects.

Trans 401.07(3)(a) (a) No utility person may amend an erosion control plan unless the amendment is approved in writing by the department.

Trans 401.07(3)(b) (b) Subject to the written approval of the department, the utility person shall amend the erosion control plan for a project whenever any of the following occurs:

Trans 401.07(3)(b)2. 2. There is a change in design, construction, operation or maintenance at the project site or selected site that has the reasonable potential for a discharge to waters of the state and that has not been addressed in the plan.

Trans 401.07(3)(b)3. 3. The best management practices required by the plan fail to avoid or minimize adverse impacts to waters of the state caused by a discharge.

Trans 401.07(3)(b)4. 4. There is a change in a borrow site or material disposal site that the plan has not addressed.

Trans 401.07 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: renum. (intro.), (1) and (2) (j) 5. to be (1g), (1j) and Trans 401.08 (2) (a) 2m. and am. (1g) and (1j), cr. (1m) and (3) (b) 4., am. (2) (intro.), (c), (i) (intro.), 5. to 8., (j) (intro.) to 3. and 9., (3) (a), (b) (intro.), 2. and 3., r. (2) (f), (3) (b) 1. and (c), r. and recr. (2) (g), Register December 2002 No. 564, eff. 1-1-03; correction in (1j) (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 401.08 Trans 401.08 Erosion control implementation plan.

Trans 401.08(1) (1) General.

Trans 401.08(1)(a) (a) The prime contractor shall prepare an ECIP for a project, shall provide the ECIP to the appropriate region office of the department of transportation, and shall either deliver personally or send the ECIP by registered or certified mail, return receipt requested, to the appropriate regional liaison of the department of natural resources and to the department of transportation, at least 14 days before the pre–construction conference, or at a time and manner agreed upon by the department of transportation, department of natural resources and prime contractor.

Trans 401.08(1)(am) (am) The prime contractor shall select best management practices from the matrix published under s. Trans 401.07 (1m) (a) when preparing an ECIP. The prime contractor may not employ best management practices that are not specified in the matrix unless the department of transportation has specifically approved that use in writing.

Trans 401.08(1)(ar) (ar)

Trans 401.08(1)(ar)1. 1. The department of transportation may not hold a pre-construction conference until at least 14 days after the prime contractor delivered or mailed the ECIP to the department of natural resources, unless either of the following occurs before the pre-construction conference is held:

Trans 401.08(1)(ar)1.a. a. The region director of the department of transportation has notified the regional director of the department of natural resources in writing that the department of transportation intends to hold the pre-construction conference.

Trans 401.08(1)(ar)1.b. b. The department of natural resources consents to the pre-construction conference.

Trans 401.08(1)(ar)2. 2. If the department of transportation holds a pre-construction conference within 14 days after the prime contractor delivered or mailed the ECIP to the department of natural resources, the department of natural resources shall have 14 days after the prime contractor delivered or mailed the ECIP to the department of natural resources to review the ECIP and deliver written comments to the department of transportation and to the prime contractor. At the earliest practicable time, but not more than 7 days after receiving such written comments, the department of transportation shall hold a conference with the prime contractor, the department of natural resources and any other affected parties to consider the department of natural resources’ comments.

Trans 401.08(1)(c) (c) The prime contractor shall follow the ECIP to implement the erosion control plan for a project and to implement best management practices for the project site and any selected sites.

Trans 401.08(1)(d) (d) The ECIP shall be prepared in a detailed, written and pictorial format that identifies the schedule, timing and methodology for a prime contractor’s implementation of the project’s erosion control plan.

Trans 401.08(1)(e) (e) The ECIP shall detail any changes to the project’s erosion control plan that are approved in writing by the department. The detailed changes in a department-approved ECIP supersede contradictory provisions of the erosion control plan.

Trans 401.08(1)(f) (f) The ECIP shall include information on how and when best management practices will be implemented in anticipation of the sizes and locations of the areas on which land disturbing activity occurs, and shall address best management practices for each stage of land disturbing activity at a project site or selected site.

Trans 401.08(1)(g) (g) The ECIP shall require the removal of temporary best management practices in accordance with s. Trans 401.06 (2).

Trans 401.08(1)(h) (h) No person may implement an ECIP before its written approval by the department in consultation with the department of natural resources.

Trans 401.08(2) (2) Content.

Trans 401.08(2)(a) (a) The ECIP shall include, at a minimum, the following items to complement the project’s erosion control plan:

Trans 401.08(2)(a)1. 1. The name, address, telephone number, and principal contact of the contractor responsible for installation and maintenance of best management practices at the project sites.

Trans 401.08(2)(a)2. 2. A description of the intended timetable and sequence of major land disturbing activities.

Trans 401.08(2)(a)2m. 2m. Staging construction and maintenance to limit disturbed areas subject to erosion.

Trans 401.08(2)(a)3. 3. A description of best management practices and a schedule for implementing them at the project sites.

Trans 401.08(2)(a)4. 4. A description of any additions, amendments, deletions or modifications to the erosion control plan or to any of the contract documents that pertain to erosion control and storm water management for the project sites.