Chapter Trans 401

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.

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)1. 1. If known, the name and mailing address of the selected site.

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)5. 5. A description of the intended sequence of major land disturbing activities.

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.

Trans 401.08(2)(b)11. 11. A site map that includes the following items:

Trans 401.08(2)(b)11.a. a. Existing topography and drainage patterns, roads and surface waters.

Trans 401.08(2)(b)11.b. b. Boundaries of the site.

Trans 401.08(2)(b)11.c. c. Drainage patterns and approximate slopes anticipated after major grading activities.

Trans 401.08(2)(b)11.d. d. Areas of soil disturbance.

Trans 401.08(2)(b)11.e. e. Location of major structural and non–structural best management practices identified in the plan.

Trans 401.08(2)(b)11.f. f. Location of areas where stabilization will be employed.

Trans 401.08(2)(b)11.g. g. Areas that will be vegetated following construction or maintenance activities.

Trans 401.08(2)(b)11.h. h. Wetlands, area and extent of wetland acreage on the site and locations where storm water is discharged to a surface water or wetland.

Trans 401.08(2)(b)12. 12. A description of appropriate best management practices that will be employed at the selected site to prevent sediments and pollutants from reaching waters of the state. The plan shall clearly describe the appropriate best management practices for each major activity identified and the timing during the construction process that the measures will be implemented. The description of best management practices shall include, when appropriate, the following minimum requirements:

Trans 401.08(2)(b)12.a. a. Description of permanent or temporary best management practices, including a schedule for implementing them. Site plans shall ensure the preservation of existing vegetation wherever practicable and the stabilization of disturbed portions of the selected site.

Trans 401.08(2)(b)12.b. b. Description of structural practices to divert runoff away from exposed soils, to store flows or to otherwise limit runoff and the discharge of pollutants from the selected site. Unless specifically approved in writing by the department, structural measures shall be installed on upland soils.

Trans 401.08(2)(b)12.c. c. Management of overland flow at the selected site.

Trans 401.08(2)(b)12.d. d. Trapping of sediment in channelized flow.

Trans 401.08(2)(b)12.e. e. Staging construction to limit bare areas subject to erosion.

Trans 401.08(2)(b)12.f. f. Protection of downslope drainage inlets where they occur.

Trans 401.08(2)(b)12.g. g. Minimization of tracking at the site.

Trans 401.08(2)(b)12.h. h. Clean up of off-site sediment deposits.

Trans 401.08(2)(b)12.i. i. Proper disposal of building and waste material at the site.

Trans 401.08(2)(b)12.j. j. Stabilization of drainage ways.

Trans 401.08(2)(b)12.k. k. Installation of permanent stabilization practices as soon as possible after final grading.

Trans 401.08(2)(b)12.L. L. Minimization of dust to the maximum extent practicable.

Trans 401.08(2)(b)13. 13. An estimate of the starting and completion dates of construction activity.

Trans 401.08(2)(b)14. 14. A description of the procedures to maintain, in good and effective operating condition, vegetation, best management practices and other protective measures.

Trans 401.08(3) (3) Amendments. Subject to the written approval of the department, a prime contractor shall amend the ECIP whenever the project engineer determines:

Trans 401.08(3)(a) (a) There is a change in design, construction, operation or maintenance at a 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 ECIP. The department shall pay for changes under this paragraph that are necessitated by department action. The prime contractor shall pay for all other changes under this paragraph, unless the department agrees to pay for the change.

Trans 401.08(3)(b) (b) The best management practices required by the plan fail to reduce adverse impacts to waters of the state caused by a discharge. Subject to s. Trans 401.12, the department shall pay for changes under this paragraph.

Trans 401.08(3)(c) (c) An amendment approved under this subsection supersedes any contradictory provisions of the erosion control plan.

Trans 401.08 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: (2) (a) 2m. renum. from Trans 401.07 (2) (j) 5., r. (intro.), (1) (b) and (2) (b) 8., am. (1) (a), (c) to (h), (2) (a) 1. to 4., (b) (intro.), 1. to 7., 11. (intro.), e. and g., 12. (intro.) to c., 14. and (3) (intro.) to (b), cr. (1) (am), (ar) and (3) (c), r. and recr. (2) (b) 9., Register December 2002 No. 564, eff. 1-1-03; corrections in (1) (a), (ar) 1. a. made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.

Trans 401.09 Trans 401.09 Maintenance of best management practices.

Trans 401.09(1g) (1g) General responsibility. A prime contractor or utility person, as appropriate, shall implement, install and maintain best management practices at a site as required in the contract documents, as defined in s. Trans 401.12 (1) (a).

Trans 401.09(1m) (1m) Before and during construction or maintenance activity. Before and during the period of construction or maintenance activity, the prime contractor or utility person shall implement, install and maintain, or cause to be performed, all best management practices required by the erosion control plan, the ECIP and the requirements of this chapter. The prime contractor or utility person shall also implement any corrective action that is ordered under s. Trans 401.105. A utility person shall notify the appropriate department representative at least 24 hours before the installation of best management practices.

Trans 401.09(2) (2) After construction or maintenance activity.

Trans 401.09(2)(a) (a) Upon the department’s written acceptance of permanent best management practices at a site, or upon the department’s granting of partial acceptance for a portion of work, the prime contractor’s responsibility to maintain those accepted best management practices, or that portion of work for which partial acceptance is granted, shall cease except for any responsibility for defective work or materials or for damages caused by its own operations.

Trans 401.09(2)(b) (b) In the case of a utility facility project, a utility person shall promptly notify the department upon completion of all construction or maintenance activities and the installation of all permanent best management practices at a project site. Within a reasonable time after that notification by the utility person, the department shall inspect the project site to ensure that the permanent best management practices are adequate and functioning properly. If the inspection of the project site reveals that the best management practices are not adequate or not functioning properly, the utility person, upon notification from the department or based on its own inspection, shall promptly take the appropriate corrective action. Where the utility person takes corrective action based on its own inspection of a project site, the utility person shall immediately notify the department of that corrective action.

Trans 401.09 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: renum. (intro.) and (1) to be (1g) and (1m) and am., am. (2) Register December 2002 No. 564, eff. 1-1-03.

Trans 401.10 Trans 401.10 Inspections.

Trans 401.10(1) (1) General. The project engineer or inspector shall inspect the project site and any selected site of a project described in s. Trans 401.03 (1) (a) or (c). A utility person shall, and the department’s authorized representative may, inspect the site of a utility facility project. The inspection shall determine whether best management practices for a project required by the erosion control plan, the ECIP and other contract documents, as defined in s. Trans 401.12 (1) (a), are properly implemented, installed, and functioning, determine whether the best management practices for a project site or selected site are adequate for the purposes intended and for the site conditions, and identify any corrective action that is necessary. The project engineer or inspector shall invite the prime contractor, or his or her designee, to accompany the project engineer or inspector during inspections described in sub. (2) at least one hour before commencing the inspection. The project engineer or inspector is not required to wait more than one hour after such invitation, or past the time stated for the inspection, before commencing the inspection. A utility person shall allow a department representative to accompany the utility person during any inspection of a utility facility project. An inspector who inspects a site shall provide a copy of the completed inspection report form to the project engineer immediately following the inspection. Within 24 hours after completing an inspection, the person who performs the inspection shall deliver a copy of the completed inspection report to the appropriate department representative. Inspections shall continue at the frequency required in sub. (2) until the installation of permanent stabilization of disturbed areas is completed and the temporary best management practices are removed.

Trans 401.10 Note Note: Inspectors are encouraged to provide reasonable advance notice. One hour is the minimum required advance notice. More time may be appropriate to provide the prime contractor a real opportunity to accompany an inspector.