Section 401.08. Erosion control implementation plan.

 

(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.

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 .