Chapter Trans 401

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.

Trans 401.10(2) (2) When required. Inspections shall be conducted at least once per week during the time construction or maintenance activity is being pursued on a project site or selected site, and at all of the following times:

Trans 401.10(2)(a) (a) Within 24 hours after every precipitation event that produces 0.5 inches of rain or more during a 24–hour period, or that results in any discharge, to determine the appropriate corrective action, if any. The department of transportation shall notify the department of natural resources within 24 hours after learning of any prohibited discharge from a project site or selected site into waters of the state.

Trans 401.10(2)(b) (b) At each stage, as new portions of a project site or selected site are disturbed.

Trans 401.10(2)(c) (c) Upon completing the installation of permanent best management practices to stabilize disturbed areas at a project site or selected site.

Trans 401.10(2)(d) (d) At the completion of the project. The inspection to be performed at the completion of the project shall be made before the department provides the prime contractor with written notice of final acceptance of the project.

Trans 401.10(4) (4) Report. The department shall prescribe an inspection report form for documenting the findings of an erosion control inspection for use statewide on all projects directed and supervised by the department other than utility facility projects. The inspector shall document each inspection on the inspection report form. The inspection report is considered part of a project diary. The department shall publish the inspection report form in the construction and materials manual, and the form takes effect upon publication. The inspection report and any form required for use on utility facility projects shall contain all of the following:

Trans 401.10(4)(a) (a) The date or dates of inspection.

Trans 401.10(4)(ag) (ag) The names of the inspector, prime contractor or utility person, and erosion control subcontractor.

Trans 401.10(4)(am) (am) The project identification number or permit number.

Trans 401.10(4)(b) (b) Any comments concerning the effectiveness of in–place best management practices.

Trans 401.10(4)(c) (c)

Trans 401.10(4)(c)1. 1. A statement of whether each type of best management practice required by the ECIP complies with that plan. The inspection report shall specify the location and deficiency of any best management practices that do not comply with the erosion control plan, the ECIP and any other contract documents, as defined in s. Trans 401.12 (1) (a).

Trans 401.10(4)(c)2. 2. Any reasonable corrections needed to restore, maintain or increase the effectiveness of existing best management practices.

Trans 401.10(4)(c)3. 3. The prime contractor is not required to make any corrections as a result of an inspection unless an erosion control order is issued under s. Trans 401.105.

Trans 401.10(4)(c)4. 4. A utility person shall take any corrective action that is consistent with the permit issued by the department and that is ordered, verbally or in writing, by the department or the department’s authorized representative.

Trans 401.10(4)(d) (d) Written notes commemorating any verbal communications between the project engineer, inspector, contractor or utility person regarding erosion control and storm water management.

Trans 401.10(4m) (4m) Report available to contractor. Within 24 hours after completing an inspection, the project engineer or inspector shall post the completed inspection report prepared under sub. (4) on the site to which the report relates.

Trans 401.10(5) (5) Review. The department shall make copies of the written inspection reports either separately or as part of the project diary, available for review by other agencies and the public.

Trans 401.10(6) (6) Records. After a project is completed and the final inspection has been made, the department shall maintain copies of the written inspection reports and erosion control orders in the project’s files, or with the project’s permit application or approval document, if any, for a period of not less than 3 years after the date the department accepted the completed project.

Trans 401.10 History History: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: r. (intro.), (2) (intro.), (a) (intro.) and (b), am. (1), (4) (intro.), (b), (d), (5) and (6), renum. (2) (a) 1. to 3. and (4) (c) to be (2) and (4) (c) 2. and am., renum. (3) to be Trans 401.105 and am., cr. (4) (ag), (am), (c) 1., 3., 4. and (4m) Register December 2002 No. 564, eff. 1-1-03.

Trans 401.105 Trans 401.105 Corrective action.

Trans 401.105(1) (1) 

Trans 401.105(1)(a) (a) An inspector who believes that changes or corrections are needed to best management practices may, by written order delivered to the prime contractor, temporarily suspend work until the project engineer is notified and decides all questions at issue. The prime contractor shall respond to the order in a manner consistent with the contract documents, as defined in s. Trans 401.12 (1) (a). The project engineer shall, by written notice, inform the prime contractor whenever an inspection of a project site or selected site reveals the need for changes or corrections to best management practices.

Trans 401.105(1)(b) (b) The department shall prescribe an erosion control order form for use whenever a corrective action is ordered on any project directed and supervised by the department. The department shall publish the form in the construction and materials manual. The project engineer shall include a copy of the completed inspection report with every erosion control order issued.

Trans 401.105 Note Note: Erosion control order forms may be obtained upon request by writing to the Department’s Division of Transportation Infrastructure Development, Bureau of Environment, P. O. Box 7965, Room 451, Madison, WI 53707-7965, or by calling [phone].

Trans 401.105(1m) (1m) An authorized representative of the department shall inform the utility person, verbally or in writing, whenever an inspection of the project site by the department reveals the need for changes or corrections to best management practices. A utility person shall comply with any corrective action order, written or verbal, issued by the department’s authorized representative within the time specified in the order or, if no time is specified, within 24 hours after receiving the order. Upon completing the corrective action, the utility person shall notify the appropriate department representative of the corrective action taken and the date completed.

Trans 401.105(2) (2) Upon receipt of an erosion control order form ordering changes or corrections to existing best management practices, the prime contractor shall implement, or cause to be implemented, the necessary corrective action within the time specified in the order or, if no time is specified, within 24 hours after receiving the order. The prime contractor shall deliver the erosion control order form to the project engineer upon completion of the corrective action and shall include on the form a description of the corrective action implemented and the date completed.

Trans 401.105(3) (3) The department may approve or reject any completed corrective action by inspecting the affected area within 16 hours after the prime contractor or utility person delivers the completed erosion control order form to the project engineer or, for utility facility projects, to the department’s authorized representative. The department shall consider all matters required in an erosion control order satisfactorily completed after that 16 hours has elapsed, or at 12 noon on the day the 16 hours expires, whichever is later, unless within the later of those 2 times the department has inspected and rejected the corrective action implemented. If a discharge occurs after the prime contractor or utility person delivers the erosion control order form under this section but before the later of those 2 times, the prime contractor or utility person shall have an opportunity to demonstrate that the corrective action was completed as required prior to the discharge. If the department does not reject any completed corrective action within the time specified in this subsection, the department may compel corrective action at the affected area only by issuing a new erosion control order.

Trans 401.105(4) (4) Notwithstanding any time period permitted under this section for completing corrective action, a prime contractor is considered not in compliance with the contract documents, as defined in s. Trans 401.12 (1) (a), for any area or matter described in the erosion control order form as requiring changes or corrections until such time as the change or correction is satisfactorily completed, as determined under sub. (3).

Trans 401.105(5) (5) Written notices are considered delivered to a prime contractor for purposes of this section when the written notice is presented to the head representative of the prime contractor then available on the project site or selected site, or when written notice is delivered to the prime contractor’s principal place of business, whichever occurs earlier. Written notices are considered delivered to a project engineer or to the department when the written notice or form is presented to the project engineer or to the authorized department representative then available on the project site, or when written notice is delivered to the project engineer’s principal place of business, whichever occurs earlier.

Trans 401.105 History History: CR 02-081: renum. from Trans 401.10 (3) and am., cr. (1m) Register December 2002 No. 564, eff. 1-1-03.

Trans 401.106 Trans 401.106 Post-construction performance standard.

Trans 401.106(1) (1) Definitions. In this section:

Trans 401.106(1)(a) (a) “Average annual rainfall” means the rainfall determined by the following year and location for the location nearest the project site: Madison, 1981 (Mar. 12-Dec. 2); Green Bay, 1969 (Mar. 29-Nov. 25); Milwaukee, 1969 (Mar. 28-Dec. 6); Minneapolis, 1959 (Mar. 13-Nov. 4); Duluth, 1975 (Mar. 24-Nov. 19).