Trans 401.06 HistoryHistory: 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(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)(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)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 NoteNote: 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)(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)3.3. Drainage patterns and approximate slopes anticipated after major grading activities. 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)11.11. Installation of permanent stabilization practices as soon as possible after final grading. 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 HistoryHistory: 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 401.08Trans 401.08 Erosion control implementation plan. 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)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)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)(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)(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. Trans 401.08(2)(b)(b) The ECIP shall also include, at a minimum, a narrative and pictorial description of each of the selected sites, if any, the total area of each selected site and the area of each selected site that is expected to undergo excavation, and attendant best management practices for the selected sites. If the combined area of the project site and all selected sites on which land disturbing activity is likely to occur is 5 or more acres, as determined by the department, the prime contractor shall include in the ECIP the following items for each of the selected sites: Trans 401.08(2)(b)2.2. The quarter, quarter-quarter, section, township, range, and the county in which the selected site is located. Trans 401.08(2)(b)3.3. The name, address, telephone number, and principal contact of the contractor or other person responsible for installation and maintenance of best management practices at the selected site. Trans 401.08(2)(b)4.4. A narrative description of the site and the nature of the activities to be performed at the selected site. Trans 401.08(2)(b)6.6. An estimate of the total area of the selected site that is expected to be disturbed by construction activities. Trans 401.08(2)(b)7.7. Estimates, including calculations, if any, of the runoff coefficient of the selected site before and after completion of construction activities. Trans 401.08(2)(b)9.9. Wherever permanent infiltration devices will be employed, the depth to groundwater, as determined by the department under s. Trans 401.06 (7), and any existing data describing the surface soil and subsoil at the selected site. Trans 401.08(2)(b)10.10. 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.
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