Chapter Trans 401

Trans 401.03(3)(c) (c) An action that is documented in an environmental report, as defined in s. Trans 400.04 (10), completed before January 1, 2003, that fit the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117, April 1, 2000, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation administration order 5050.4A issued on October 8, 1985.

Trans 401.03(3)(d) (d) A project site that has undergone final stabilization within 2 years after January 1, 2003.

Trans 401.03(3)(e) (e) Reconditioning or resurfacing, as defined in s. 84.013 (1) (b) and (d), Stats., of a highway.

Trans 401.03(3)(f) (f) Minor reconstruction of a highway. In this paragraph, “minor reconstruction” means reconstruction, as defined in s. 84.013 (1) (c), Stats., of any length of highway that does not widen the roadbed by more than 100 feet, and for which the total length of relocated highway and any added through travel lane does not exceed 1.50 miles. Two or more adjoining added through travel lanes shall be counted as one added through travel lane for purposes of determining the length of the added through travel lanes. A relocation of a highway that includes added through travel lanes shall be counted as one unit for purposes of determining the length of the relocation and added through travel lanes. Pavement widening for purposes of adding a passing lane is not an added through travel lane. Notwithstanding the exemption under this paragraph, if minor reconstruction causes a highway to lie within a buffer area, as defined in s. Trans 401.106 (6) (a), or increases the area of the roadway that lies within a buffer area, the requirements under s. Trans 401.106 (6) apply to that buffer area.

Trans 401.03(3)(g) (g) Construction of a transportation facility that replaces an existing transportation facility, or other existing residential, commercial, industrial or institutional land uses, if there is no increase in exposed parking lots or roads.

Trans 401.03(3)(h) (h) A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre.

Trans 401.03 Note Note: Projects that consist of only the construction of bicycle paths or pedestrian trails generally meet this exception as these facilities have minimal connected imperviousness.

Trans 401.03(3)(i) (i) Construction of a transportation facility that has less than one acre of land disturbing construction activity.

Trans 401.03 Note Note: Actions directed and supervised by the department that are regulated by and comply with this chapter and that are subject to the interdepartmental liaison cooperative agreement with the department of natural resources are considered to be in compliance with s. 283.33, Stats., and the requirements of ch. NR 216.

Trans 401.03 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1) and (2), cr. (1) (c), (2) (c) and (3) Register December 2002 No. 564, eff. 1-1-03.

Trans 401.04 Trans 401.04 Definitions. In this chapter:

Trans 401.04(1) (1) “Best management practices” or “BMPs” means structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment and pollutant movement, or to manage runoff.

Trans 401.04 Note Note: The Wisconsin Department of Transportation specifications and manuals listed below identify best management practices that apply under this chapter. However, best management practices other than those listed may be applicable to any given situation.

Trans 401.04 Note 1. Sections 107.18, 107.19, 107.20, 628 and 631 of the Standard Specifications for Road and Bridge Construction of the Wisconsin Department of Transportation. Copies of these sections may be obtained from the Wisconsin Department of Transportation, Office of Construction, P. O. Box 7916, Madison, Wisconsin 53707-7916.

Trans 401.04 Note 2. Sections P-151, P-152, P-158, P-159, Division VII and Division VIII of the Standard Specifications for Airport Construction of the State of Wisconsin, Department of Transportation. Copies of these sections and divisions may be obtained from the Wisconsin Department of Transportation, Bureau of Aeronautics, P. O. Box 7914, Madison, Wisconsin 53707-7914.

Trans 401.04 Note 3. Chapters 10 and 13 of the Facilities Development Manual of the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development. Copies of these chapters may be obtained from the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7965, Madison, Wisconsin 53707-7965.

Trans 401.04 Note 4. Chapters 2 and 10 of the Highways Construction and Materials Manual of the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development. Copies of these chapters may be obtained from the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7965, Madison, Wisconsin 53707-7965.

Trans 401.04(2) (2) “Borrow site” means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.

Trans 401.04(3) (3) “Construction” or “maintenance” includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling or grading.

Trans 401.04(4) (4) “Contractor” means a prime contractor and any subcontractor of the prime contractor.

Trans 401.04(5) (5) “Corrective action” means action that is taken in response to a discharge, or to the threat of a discharge, to minimize or prevent the discharge. “Corrective action” may include preventative maintenance of existing best management practices, or the implementation of new or different best management practices.

Trans 401.04(6) (6) “Department” means the Wisconsin department of transportation.

Trans 401.04(7) (7) “Design storm” means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

Trans 401.04(7m) (7m) “Directed and supervised by the department” means any of the following:

Trans 401.04(7m)(a) (a) An activity undertaken under a bid let by the department, unless the department let the bid at the request of a city, village, town or county to assist with a transportation facility that is or will be under the jurisdiction of that city, village, town or county, and the bid specifies either that this chapter does not apply or that the activity is subject to regulation by the department of natural resources.

Trans 401.04(7m)(b) (b) An activity undertaken under a contract to which the department is a party, unless the contract specifies that this chapter does not apply and the department did not let the bid for that activity.

Trans 401.04(7m)(c) (c) An activity undertaken using funds awarded by the department under a grant agreement that specifies that the department is administering the project or that this chapter applies.

Trans 401.04(7m)(d) (d) The construction or maintenance of any highway or portion of a highway located on a federal-aid system, unless no state or federal funds are used, or unless all state and federal funds used are awarded under a grant agreement that does not specify that the department is directing and supervising, or administering, the project.

Trans 401.04 Note Note: The Department of Transportation sometimes engages in the activities described in this subsection to assist local units of government on local transportation facility construction projects. Providing such assistance, without more, does not mean the Department directs and supervises that local project, and the project does not become subject to this chapter because of that assistance. Activities not directed and supervised by the Department are subject to erosion control and stormwater management regulation by the Department of Natural Resources.

Trans 401.04(8) (8) “Discharge” means the movement of pollutants or sediments from a project site or selected site as a result of erosion or runoff.

Trans 401.04(9) (9) “Disturbed area” means an area on a project site or selected site where land disturbing activity has occurred.

Trans 401.04(10) (10) “Erosion” means the process by which the land’s surface is worn away by the action of wind, water, ice or gravity.

Trans 401.04(12) (12) “Erosion control implementation plan” or “ECIP” means the erosion control implementation plan required under s. Trans 401.08.

Trans 401.04(13) (13) “Erosion control plan” means the erosion control plan required under s. Trans 401.07.

Trans 401.04(13m) (13m) “Highway” has the meaning given in s. 340.01 (22), Stats.

Trans 401.04(14) (14) “Infiltration system” means a device or practice that is designed specifically to encourage the entry and movement of surface water into or through underlying soil. “Infiltration system” does not include natural entry and movement of surface water into or through underlying soil in pervious areas such as lawns. “Infiltration system” does not include minimal entry and movement of surface water into or through underlying soil from practices such as swales or roadside channels that are designed for conveyance and pollutant removal only.

Trans 401.04(15) (15) “Inspector” means an employee or authorized representative of the department assigned to make inspections of work or materials.

Trans 401.04(15m) (15m) “Land disturbing activity” means any manmade alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover, that may result in increased runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. “Land disturbing activity” includes clearing and grubbing, demolition, excavating, pit trench dewatering, and filling and grading activities, but does not include routine maintenance. “Land disturbing activity” does not include activities, such as tree trimming or brush removal, that involve only the cutting or removing of vegetation above the ground by a utility person.

Trans 401.04(16) (16) “Material disposal site” means an area that is outside of a project site, is used for the lawful disposal of surplus materials or materials unsuitable for use within the project site, and is under the direct control of the contractor. “Material disposal site” does not include a private landfill that is not managed by the contractor or a municipally owned landfill.

Trans 401.04(17) (17) “Permanent best management practices” means those best management practices that are intended to remain in place after final stabilization.

Trans 401.04(18) (18) “Person” means an individual, institution, business, corporation, limited liability company, partnership, association, joint venture, governmental subdivision or agency, or any other legal entity, except the term does not include the department, or its officers or employees acting in their official capacities.

Trans 401.04(19) (19) “Pollutant” has the meaning given in s. 283.01 (13), Stats.

Trans 401.04(20) (20) “Pre-construction conference” means a conference scheduled between the department, prime contractor and other invited persons prior to the commencement of construction or maintenance activity at a site.

Trans 401.04(21) (21) “Prime contractor” means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the department.

Trans 401.04(22) (22) “Project” means an action covered by this chapter.

Trans 401.04(23) (23) “Project diary” means a diary of a project’s activities kept by a project engineer or inspector, including all inspection report forms and any erosion control inspection forms completed under s. Trans 401.10 (4).

Trans 401.04(24) (24) “Project engineer” means an employee or authorized representative of the department who is in charge of the engineering details and the field administration of a project.

Trans 401.04(25) (25) “Project site” means the area of a project on which land disturbing activity occurs, excluding borrow sites and material disposal sites.

Trans 401.04(25m) (25m) “Routine maintenance” means an activity that involves less than 5 acres of land disturbance and that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of an existing transportation facility.

Trans 401.04(26) (26) “Runoff” means storm water or precipitation, including rain, snow or ice melt, that moves on land surface via sheet or channeled flow.

Trans 401.04(27) (27) “Runoff coefficient” means the fraction of total precipitation that will leave a project site or selected site as runoff based on land use, soil and drainage characteristics.

Trans 401.04(28) (28) “Section 404 permit” means a permit issued by the U.S. army corps of engineers under 33 USC 1344 of the clean water act, as amended.

Trans 401.04(29) (29) “Sediment” means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

Trans 401.04(30) (30) “Sedimentation” means the act or process of depositing sediment.

Trans 401.04(31) (31) “Selected site” means any borrow site or material disposal site used exclusively for projects directed and supervised by the department. A site shall be considered to be used exclusively for department projects even if material excavated from the site are sold directly to consumers as incidental sales.

Trans 401.04(33) (33) “Stabilize” or “stabilization” means using best management practices to avoid or minimize soil, sediment and pollutant movement onto or off a site.

Trans 401.04(34) (34) “Suspension of work” means the partial or complete suspension of the operations and work of a project, including the operations and work at the project site or at selected sites, if any.

Trans 401.04(35) (35) “Temporary best management practices” means those best management practices that are not intended to remain in place after final stabilization.

Trans 401.04(35d) (35d) “Time of concentration” means the time it takes for flow to reach the drainage basin outlet from the hydraulically most remote point in the drainage basin.

Trans 401.04(35g) (35g) “Transportation facility” means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements, as defined in s. 85.095 (1) (b), Stats.

Trans 401.04(35m) (35m) “Utility facility project” means the portion of an activity that cannot proceed without a permit issued by the department, and that relates to a pipe, pipeline, duct, wire line, conduit, pole, tower, or other fixed equipment or structure used for the transmission, conveyance or distribution of communications, electric power, light, heat, fuel, gas, oil, petroleum products, water, steam, fluids, sewerage, drainage, irrigation or similar facilities. A utility facility project is considered minor if all excavated soils will be replaced the same day as the excavation or immediately the next day and for which the cumulative disturbed area is less than one acre. “Utility facility project” does not include maintenance activities for which the department requires no additional permit.

Trans 401.04(35r) (35r) “Utility person” means the person not employed by the department that has control over a utility facility project.

Trans 401.04(36) (36) “Waters of the state” has the meaning given in s. 283.01 (20), Stats.

Trans 401.04 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1), (3), (5), (8), (9), (15) to (19), (21), (23) to (25), (27), (31), (35) and (36), r. and recr. (7), (14) and (29), cr. (7m), (13m), (15m), (25m), (26), (35d), (35g) and (35m), r. (11) and (32), renum. (26) to be (35r) and am. Register December 2002 No. 564, eff. 1-1-03.

Trans 401.05 Trans 401.05 Basic principles of erosion control and storm water management. A project shall be planned and implemented in accordance with the following basic principles of erosion control and storm water management:

Trans 401.05(1) (1) Investigate the intended project site and design the project to avoid or minimize adverse effects that may be caused by erosion or a discharge to waters of the state.

Trans 401.05(2) (2) Design or select best management practices for the project to:

Trans 401.05(2)(a) (a) Avoid or minimize on-site erosion damage in order to avoid or minimize off-site sediment or pollutant accumulation that may result from a discharge.

Trans 401.05(2)(b) (b) Protect the perimeter area of the site and the disturbed areas from erosion and pollutant accumulation that may result from off-site runoff.

Trans 401.05(2)(c) (c) Reduce runoff velocities and retain sediments and pollutants on the site to the maximum extent practicable.

Trans 401.05(3) (3) Minimize the size of the disturbed area exposed at any one time and the duration of the exposure.

Trans 401.05(4) (4) Stabilize the disturbed area as soon as practicable.

Trans 401.05(5) (5) Establish a thorough preventative maintenance program that can reasonably be implemented as appropriate within the context of the standard specifications for the type of project being developed or through the use of special contract provisions.

Trans 401.05 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1), (2) (intro.) and (5), Register December 2002 No. 564, eff. 1-1-03.

Trans 401.06 Trans 401.06 Performance standards.

Trans 401.06(1) (1) General. Best management practices shall be employed to avoid or minimize soil, sediment and pollutant movement, or to manage runoff, onto or off a project site or selected site, including the avoidance or minimization of discharges to off–site areas, public sewer inlets and waters of the state.

Trans 401.06(2) (2) Removal of temporary best management practices. A prime contractor or utility person, as appropriate, shall remove or cause the removal of all temporary best management practices at a site when permanent best management practices have been installed to the satisfaction of the project engineer or inspector or when the project engineer or inspector determines that temporary best management practices are no longer required for the purpose intended and orders their removal. The department shall remove or cause to be removed all temporary best management practices at a project site or selected site when permanent best management practices have been installed, if the department has accepted the project as final before the temporary best management practices are removed.

Trans 401.06(3) (3) Tracking. Soils tracked by construction or maintenance equipment from a project site or selected site onto a public or private paved roadway or sidewalk shall be minimized to the maximum extent practicable. The contractor or utility person shall clean or remove soils tracked onto a public or private paved roadway or sidewalk in a manner consistent with this chapter within the period specified by the project engineer or, if no period is specified, within 24 hours after the occurrence, to prevent sedimentation of the tracked soils into waters of the state.

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.