(a) The department shall prepare the erosion
control plan for a project site of a project directed and supervised by the
(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.
(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.
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
1. For projects directed and supervised by
the department, if the department of natural resources, acting through the
interdepartmental liaison procedures established under s.
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
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
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
(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.
STANDARDIZED EROSION CONTROL
(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
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
(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.
Estimates, including calculations, if any, of the runoff coefficient of the
site before and after construction or maintenance activities are
infiltration devices will be employed, the depth to seasonal high groundwater,
as determined under s.
, depth to top of bedrock,
whichever depth is less, and any existing data describing the surface soil and
subsoil at the project site.
The name of the immediate receiving waters, if any, from the United States
geological survey 7.5 minute series topographic maps or other appropriate
A site map that
includes the following items:
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.
description of appropriate best management practices that will be employed at
the site. The description shall include, when appropriate, the following
1. The preservation of
existing vegetation where attainable and the stabilization of disturbed
portions of the project site.
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
4. Trapping of sediment in
6. Protection of
downslope drainage inlets where they occur.
7. Minimization of tracking at the
8. Clean up of off-site
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
AMENDMENTS; UTILITY FACILITY PROJECTS.
(a) No utility person may amend an erosion
control plan unless the amendment is approved in writing by the
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.
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.