Wis. Admin. Code Department of Transportation § Trans 401.07 - Erosion control plan

Current through March 28, 2022

(1g) GENERAL RESPONSIBILITY.

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

(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.

(1j) GENERAL.

(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.

(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:

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).

2. The department specifies in writing the reason for selecting that other best management practice.

(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.

(d)

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.

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.

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.

(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.

(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.

(1m) STANDARDIZED EROSION CONTROL REFERENCE MATRIX.

(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.

(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.

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

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

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

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

(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.

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

(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.

(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.

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

1. Existing topography and drainage patterns, roads and surface waters.

2. Boundaries of the site.

3. Drainage patterns and approximate slopes anticipated after major grading activities.

4. Areas of soil disturbance.

5. Location of major structural and non-structural best management practices identified in the plan.

6. Location of areas where best management practices will be employed for stabilization.

7. Areas that will be vegetated following construction or maintenance activities.

8. Location, area and extent of wetland acreage on the site and locations where storm water is discharged to a surface water or wetland.

(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:

1. The preservation of existing vegetation where attainable and the stabilization of disturbed portions of the project site.

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.

3. Management of overland flow at the project site.

4. Trapping of sediment in channelized flow.

6. Protection of downslope drainage inlets where they occur.

7. Minimization of tracking at the site.

8. Clean up of off-site sediment deposits.

9. Proper disposal of building and waste material at the project site.

10. Stabilization of drainage ways.

11. Installation of permanent stabilization practices as soon as possible after final grading.

12. Minimization of dust to the maximum extent practicable.

(3) AMENDMENTS; UTILITY FACILITY PROJECTS.

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

(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:

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.

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.

4. There is a change in a borrow site or material disposal site that the plan has not addressed.

Notes

Wis. Admin. Code Department of Transportation § Trans 401.07

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.