Wis. Admin. Code Department of Transportation § Trans 401.08 - Erosion control implementation plan
Current through March 28, 2022
(1) GENERAL.
(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.
(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.
(ar)
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:
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.
b. The department of natural resources
consents to the pre-construction conference.
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.
(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.
(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.
(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.
(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.
(g) The ECIP shall require the removal of
temporary best management practices in accordance with s.
Trans
401.06(2).
(h) No person may implement an ECIP before
its written approval by the department in consultation with the department of
natural resources.
(2)
CONTENT.
(a) The ECIP shall include, at a
minimum, the following items to complement the project's erosion control plan:
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.
2. A description of the intended timetable
and sequence of major land disturbing activities.
2m. Staging construction and maintenance to
limit disturbed areas subject to erosion.
3. A description of best management practices
and a schedule for implementing them at the project sites.
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.
(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:
1. If known, the name and mailing address of
the selected site.
2. The quarter,
quarter-quarter, section, township, range, and the county in which the selected
site is located.
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.
4.
A narrative description of the site and the nature of the activities to be
performed at the selected site.
5.
A description of the intended sequence of major land disturbing
activities.
6. An estimate of the
total area of the selected site that is expected to be disturbed by
construction activities.
7.
Estimates, including calculations, if any, of the runoff coefficient of the
selected site before and after completion of construction activities.
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.
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.
11. A site map that includes the following
items:
a. Existing topography and drainage
patterns, roads and surface waters.
b. Boundaries of the site.
c. Drainage patterns and approximate slopes
anticipated after major grading activities.
d. Areas of soil disturbance.
e. Location of major structural and
non-structural best management practices identified in the plan.
f. Location of areas where stabilization will
be employed.
g. Areas that will be
vegetated following construction or maintenance activities.
h. Wetlands, area and extent of wetland
acreage on the site and locations where storm water is discharged to a surface
water or wetland.
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:
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.
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.
c. Management of overland flow at the
selected site.
d. Trapping of
sediment in channelized flow.
e.
Staging construction to limit bare areas subject to erosion.
f. Protection of downslope drainage inlets
where they occur.
g. Minimization
of tracking at the site.
h. Clean
up of off-site sediment deposits.
i. Proper disposal of building and waste
material at the site.
j.
Stabilization of drainage ways.
k.
Installation of permanent stabilization practices as soon as possible after
final grading.
l. Minimization of
dust to the maximum extent practicable.
13. An estimate of the starting and
completion dates of construction activity.
14. A description of the procedures to
maintain, in good and effective operating condition, vegetation, best
management practices and other protective measures.
(3) AMENDMENTS. Subject to the
written approval of the department, a prime contractor shall amend the ECIP
whenever the project engineer determines:
(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.
(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.
(c) An amendment
approved under this subsection supersedes any contradictory provisions of the
erosion control plan.
Notes
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.