Difference between revisions of "208 - Soil Erosion and Sedimentation Control (NPDES)"

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==GENERAL==
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==[[#GENERAL|GENERAL]]==
  
# MDOT is responsible to provide transportation services in an environmentally sensitive manner.  To that end, the following Public Acts, sponsored by the Michigan Department of Environmental Quality (MDEQ) require MDOT to obtain permits and perform various environmental activities to ensure that issues related to a healthy environment are appropriately considered and enacted throughout the life of the state transportation projects and activities.
+
# The Michigan Department of Transportation (MDOT) is responsible for various environmental measures to be enacted throughout the life of state transportation projects and activities to ensure that issues related to environmental protection are appropriately considered and to provide transportation services that comply with the following rules and regulations.
#: Natural Resources and Environmental Protection Act 1994 PA 451, as amended (the Act).
+
#: Part 91 of this Act describes MDOT’s responsibilities for Soil Erosion and Sedimentation Control (SESC) measures.
+
#: Part 31 of this Act describes MDOT’s responsibilities for the National Pollutant Discharge Elimination System (NPDES).  Part 21 of Part 31 of this Act describes the regulations related to NPDES.
+
#: Natural Resources and Environmental Protection Act 1994 PA 451, as amended.
+
#: Part 31 of this Act describes MDOT’s responsibilities for floodplains and floodways.  Any work within a floodplain requires a Floodplain Permit and compliance with the State Flood Hazard Management Plan.
+
#: Part 301 of this Act describes MDOT’s responsibilities for inland lakes and streams.  Any work below the ordinary high water elevation of an inland lake or stream requires an Inland Lakes and Streams Permit.
+
#: Part 303 of this Act describes MDOT’s responsibilities for wetland protection.  Any work within a wetland requires a State Wetland Permit.  Any unavoidable wetland impacts resulting from construction activities in a regulated wetland must be properly mitigated on a no net loss basis.
+
#: Part 315 of this Act describes MDOT’s responsibilities for dam safety.  Any construction, enlargement, repair, reconstruction, alteration, removal, or abandonment of any dam requires a Dam Safety Permit.
+
#: Part 323 of this Act describes MDOT’s responsibilities for shorelands protection and management.  Any removal of vegetation, drainage alterations, land alterations or construction within flood risk, high risk erosion area, or environmental areas requires a Shorelands Protection and Management Permit.
+
#: Part 325 of this Act describes MDOT’s responsibilities for submerged lands on the Great Lakes.  Any dredging, filling, or related construction activities in, over, or adjacent to any of the Great Lakes require a Great Lakes Submerged Lands Permit.
+
#: Part 353 of this Act describes MDOT’s responsibilities for sand dunes protection and management. Any vegetation removal, construction, or earth change within a critical dune area requires a Sand Dune Protection and Management Permit.
+
# SESC and NPDES procedures have been established which, when properly used, will minimize erosion and sedimentation problems associated with construction projects.
+
#: SESC: MDEQ has designated MDOT as an Authorized Public Agency (APA), which requires all earth change activities (regardless of size or location) to follow the SESC Plan (also called SESC Manual), at a minimum.  The Plan is a contract document; as such, the Contractor and the Engineer are responsible for fulfilling the commitments described in the SESC Plan.  As necessary, control measures may be adapted, adjusted, and added to maintain the level of erosion control to comply with the affected Natural Resources and Environmental Protection Act 1994 PA 451, as amended, and project specific permits.
+
#: The APA designation allows MDOT to undertake earth change activities without obtaining an individual SESC permit.  MDOT is subject to audits by MDEQ to determine the conformance to the SESC Plan.
+
#: NPDES: MDOT need not obtain an NPDES permit.  However, a letter of authorization from MDEQ is required.  MDOT is subject to site (project) specific NPDES inspections by MDEQ.
+
# Permits: Non-SESC/NPDES permits are normally obtained during the early preliminary engineering and/or preliminary engineering phases of projects and are to be shown in the contract documents with related pay items.  The Engineer is responsible to administer the permit commitments while the Contractor performs the construction activities described in the contract.  As necessary, and with the written permission of MDEQ, control measures may be adapted, adjusted, and added to maintain the level of environmental mitigation activities to comply with the intent of the permit and/or the affected Act.
+
# Project Carryover: The Contractor is responsible to maintain SESC measures in compliance with the SESC plan until adequate ground cover is established.  If it is determined adequate ground cover is not established prior to the end of a construction season, the Contractor is responsible for the maintenance of the SESC measures during the shutdown periods should there be an unusually warm period resulting in an event causing erosion and/or when a project is allowed to recommence prior to April 16.  The Contractor is responsible for the removal of the SESC measures upon complete ground cover stabilization in the spring or summer of the following construction season.  Stabilization is to be considered when planning the project’s completion dates.
+
  
 +
{| class="wikitable"
 +
|-
 +
!
 +
<center></center>
 +
!
 +
<center>'''Natural Resources and Environmental Protection Act 1994 PA 451, as amended'''</center>
 +
|-
 +
|
 +
Part 91
 +
|
 +
Regulates Soil Erosion and Sedimentation Control (SESC) measures.
 +
|-
 +
|
 +
Part 31
 +
|
 +
Regulates National Pollutant Discharge Elimination System (NPDES). Regulates floodplains and floodways. Any work within a floodplain requires a Floodplain Permit and compliance with the State Flood Hazard Management Plan.
 +
|-
 +
|
 +
Part 301
 +
|
 +
Regulates inland lakes and streams. Any work below the ordinary high-water elevation of an inland lake or stream requires an Inland Lakes and Streams Permit.
 +
|-
 +
|
 +
Part 303
 +
|
 +
Regulates wetland protection. Any work within a wetland requires a State Wetland Permit. Any unavoidable wetland impacts resulting from construction activities in a regulated wetland must be properly mitigated on a no net loss basis.
 +
|-
 +
|
 +
Part 315
 +
|
 +
Regulates dam safety. Any construction, enlargement, repair, reconstruction, alteration, removal, or abandonment of any dam requires a Dam Safety Permit.
 +
|-
 +
|
 +
Part 323
 +
|
 +
Regulates shorelands protection and management. Any removal of vegetation, drainage alterations, land alterations or construction within flood risk, high risk erosion area, or environmental areas requires a Shorelands Protection and Management Permit.
 +
|-
 +
|
 +
Part 325
 +
|
 +
Regulates submerged lands on the Great Lakes. Any dredging, filling, or related construction activities in, over, or adjacent to any of the Great Lakes require a Great Lakes Submerged Lands Permit.
 +
|-
 +
|
 +
Part 353
 +
|
 +
Regulates sand dunes protection and management. Any vegetation removal, construction, or earth change within a critical dune area requires a Sand Dune Protection and Management Permit.
 +
|}
 +
# The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has designated MDOT as an Authorized Public Agency (APA). The APA designation allows MDOT to accomplish earth change activities without attaining a Soil Erosion and Sedimentation Permit from a County or Municipal Enforcing Agency.<br>The APA designation requires all earth disturbance activities to follow the approved MDOT SESC Procedures which are outlined in the MDOT Soil Erosion and Sedimentation Control Manual. Road and Bridge construction contract plans include SESC measures that are to be used during construction. The engineer and the contractor are responsible for installing and maintaining the measures shown on the plans.  If needed the SESC Plans may be modified to accommodate any unforeseen earth disturbance activities that could result in violation of Part 91.<br>
 +
# Permits: NPDES and other permits required under the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended are obtained during the preliminary engineering phase of a project. The permits are included in the contract documents. The engineer is responsible to enforce the permit requirements while the contractor is responsible for construction activities described in the permit.
 +
# Project Stabilization: The contractor is responsible to install and maintain temporary and permanent SESC Measures until adequate ground cover is established and the project has been determined to be stabilized and a Notice of Termination has been submitted (if applicable).
  
===Soil Erosion and Sedimentation Control Guidlines===
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{{top}}
  
 +
===[[#Soil Erosion and Sedimentation Control Requirements|Soil Erosion and Sedimentation Control Requirements]]===
  
====Notification====
 
  
While individual permits are not necessary, the Engineer is required to notify the appropriate Municipal Enforcing Agency (MEA) or County Enforcing Agency (CEA) (and County Drain Commissioner if a county drain is impacted) of the project.  The MEA or CEA are to receive a copy of the preconstruction meeting minutes.  See the SESC Manual for contact information.
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====[[#Notification|Notification to County Enforcing Agency (CEA), Municipal Enforcing Agency (MEA), and County Drain Commissioner]]====
  
 +
As an APA, MDOT is not required to obtain individual SESC Permits from CEA, MEA, and the County Drain Commissioner.  The engineer is required to notify the appropriate enforcing agency that an earth disturbance project will be starting.  This notification is done by sending a copy of the preconstruction meeting minutes to the appropriate enforcing agency.
 +
{{top}}
  
====Training====
+
====[[#Training|Training]]====
  
Those having decision making authority are required to complete SESC training and successfully pass the exam. This training is available through MSU’s Virtual University programMDEQ’s web site for learning more about this training is: [http://www.michigan.gov/deq www.michigan.gov/deq]. The exams are offered by MDEQ.  The DEQ also offers limited-seating classroom instruction for SESC training.  Contact the Construction & Technology Support Area for details and scheduling.
+
MDOT personnel who have SESC decision making authority or inspection responsibilities are required to complete at a minimum the EGLE Construction Storm Water Operator (CSWO) exam. The exam is offered by EGLEPersonnel who have SESC decision making authority must have the Comprehensive Soil Erosion and Sedimentation Control Certification.  Contact EGLE for exam schedule. When submitting an SESC renewal or examination application must note on the bottom of the application to invoice MDOT.  For training requirements see Section 1.2 in the [https://www.michigan.gov/documents/2006_SESC_Manual_165226_7.pdf MDOT Soil Erosion and Sedimentation Control Manual]. {{top}}
  
 +
====[[#Contractor Obligation|Contractor Obligation]]====
  
====Contractor Obligation====
+
The contractor is responsible to construct and maintain both temporary and permanent SESC measures shown on the construction plans and in compliance with the [https://www.michigan.gov/documents/2006_SESC_Manual_165226_7.pdf MDOT Soil Erosion and Sedimentation Control Manual].  Site specific earth disturbances may result in the need to modify the existing plan or add additional SESC measures to comply with Part 91.  The engineer is responsible to ensure Part 91 (SESC) compliance.
  
The Contractor is responsible to construct and maintain SESC measures in keeping with the contract documents and in compliance with the SESC Manual.  Site specific conditions may result in the need to adapt, adjust, and add control measures to maintain the level of erosion control to comply with the Act.  The Engineer is responsible to direct these improvements.
+
If the contractor is working outside the MDOT right-of-way for borrow operations, waste or disposal areas, or any other earth disturbance activity affecting more than one acre or located within 500 feet of a lake or stream the property owner must obtain a SESC permit from the applicable MEA or CEA and EGLE. A copy of all permits must be provided to the engineer.
  
If the Contractor is working outside the right-of-way for borrow operations, waste or disposal areas, haul roads, storage sites, or any other earth change activity affecting one acre or more or within 500 feet of a lake or stream, the Contractor must obtain an SESC permit from the applicable MEA or CEA, property owner agreement(s), and other applicable permits from MDEQ. A copy of such permits must be submitted to the Engineer.
+
If the contractor obtains MDOT permission to disturb an area outside of the limits of earth disturbance but within the project limits, a separate earth change plan using form [https://mdotcfintra.state.mi.us/interchange/forms/pdfforms/1568.pdf 1568 Approval for Project Staging or Excess Material Locations on MDOT ROW] must be completed and submitted to the engineer for review and approval. Earth change plan requirements can be found in the [https://www.michigan.gov/documents/2006_SESC_Manual_165226_7.pdf MDOT SESC Manual].  
  
 +
{{top}}
  
====MDEQ====
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====[[#EGLE|EGLE]]====
  
MDEQ visits project sites in reaction to complaints, due to interest, and while performing audits of MDOT’s APA status.  Portions of projects found outside the SESC Manual requirements will result in requests for corrective action.  Continued disregard for MDEQ concerns or gross violations may result in a Notice of Violation (NOV) being issued to MDOT.  The SESC Manual describes the complaint procedure. The Engineer must direct the appropriate corrective actions for completion within five days of the NOV.  If timely corrective actions are not possible, the Engineer must, within the same five days, submit a plan to MDEQ describing the proposed actions.
+
EGLE may visit a project site in response to complaints, agency interest, and while performing audits of MDOT’s APA status.  Continued disregard for EGLE concerns may result in a Notice of Violation (NOV) being issued to MDOT.  The SESC Manual describes procedures to ensure compliance. The engineer must require the contractor to complete any corrective actions within 5 days of the NOV.  If the corrective actions within that time frame are not possible the engineer must within the 5 days, submit a plan to EGLE describing the proposed actions.  It is recommended that engineers work with their region resource specialist.  
  
 +
{{top}}
  
===National Pollutant Discharge Elimination System Guidlines===
 
  
 +
====[[#Inspection|Inspection]]====
  
====Proposal====
+
The department will inspect construction sites for Part 91 and Part 31 / NPDES compliance every 7 days or within 24 hours after a precipitation event that results in a discharge from the site including weekend days regardless if the contractor is working or not.  A discharge is defined as storm water runoff that does not infiltrate into the ground and leaves the construction site or enters waters of the state after a precipitation event.  Engineering judgement must be used when determining if a discharge from the site has occurred.  Inspectors must possess a current CSWO Certificate.  Individuals who authorize changes to SESC measures shown on road or bridge construction plans must have a valid Comprehensive SESC Training Certificate.
  
The proposal for projects subject to NPDES regulations, earth disturbances of one acre or greater will contain a Special Provision for NPDES Inspection and Response.  Refer to MDEQ’s Construction Site Storm Water Manual for comprehensive NPDES procedures.
+
Inspections are completed using MDOT’s Form 1126, National Pollutant Discharge Elimination System (NPDES) and Soil Erosion and Sedimentation Control (SESC) Inspection Report.
  
 +
Inspection Reports must be maintained for three years and available for inspection by auditing agencies.
  
====Notification====
 
  
For projects subject to NPDES regulations, MDEQ is to receive a Notice of Coverage (NOC) prior to the start of the project describing the project details. Development staff are to prepare the NOC and submit it to Construction and Technology Support Area.  Construction and Technology staff will submit the NOC to the Bureau of Highways Engineer of Delivery for signature. Once signed, the NOC is returned to Construction and Technology for processing to MDEQ.  MDEQ provides a letter of authorization.  The TSC delivery staff is to complete the Notice of Termination and submit it to Construction and Technology upon project stabilization.
+
{{top}}
  
 +
====[[#Corrective Actions Deadline|Corrective Actions Deadline]]====
  
====Training====
+
Corrective actions must be made within 24 hours if sediment has entered waters of the state, left department right-of-way, and/or if public safety may be compromised.  Otherwise, corrective actions must be made within 5 calendar days.  Corrective Actions, Notification Dates, and Completion Dates must be documented on Form 1126.
  
Inspectors assigned to perform NPDES inspections are required to be certified Storm Water Operators (SWO).  This self-training is coordinated through the Region Office and the testing is offered once per month by MDEQ.  Contact the DEQ district office in your area for further details.
+
{{top}}
  
 +
===[[#National Pollutant Discharge Elimination System Guidlines|National Pollutant Discharge Elimination System Guidlines]]===
  
====Administration====
 
  
The Engineer is to administer the contract such that the Contractor constructs and properly maintains all applicable temporary and permanent soil erosion control measures.
+
====[[#Proposal|Proposal]]====
  
If the Contractor is working outside of the right-of-way for borrow operations, storage or disposal areas, haul roads or any other earth change activity affecting five acres or more, the Contractor must obtain a NPDES permit from the MDEQA copy of any such permit must be submitted to the Engineer prior to the start of work.
+
The proposal for projects subject to NPDES regulations, earth disturbances of one acre or greater will contain a Special Provision for NPDES Inspection and ResponseRefer to EGLE’s Construction Site Storm Water Manual for comprehensive NPDES procedures.
  
 +
{{top}}
  
====Inspection====
+
====[[#Notification|Notification]]====
  
The project’s SWO is required to perform inspection for NPDES compliance once per week, and within 24 hours after every precipitation event that results in a discharge from the right of way and ensure that any needed corrective actions are carried outA log of the inspections and corrective actions shall be maintained on file for review and shall be retained for a period of three years from the date of the inspection or corrective action.  The SWO shall document these inspections and corrective actions onto MDOT’s NPDES Form 1126.  Deficiencies must be brought to the attention of the Contractor, in writing, and this notice must include a deadline for completing the corrective actions.
+
For projects subject to NPDES regulations, EGLE is to receive a Notice of Coverage (NOC) prior to the start of the project describing the project details. Development staff are to prepare the NOC and submit it to Construction and Technology Support AreaConstruction and Technology staff will submit the NOC to the Bureau of Highways Engineer of Delivery for signature. Once signed, the NOC is returned to Construction and Technology for processing to EGLE.  EGLE provides a letter of authorization.  The TSC delivery staff is to complete the Notice of Termination (NOT) and submit it to Construction and Technology upon project stabilization.
  
 +
[[File:NPDES NOC Chart 11-12-19.pdf|link=http://mdotwiki.state.mi.us/construction/images/f/fe/NPDES_NOC_Chart_11-12-19.pdf|File:NPDES_NOC_Chart_11-12-19.pdf|400px|thumbnail|center|Notice of Coverage (NOC) Chart]]
  
====Corrective Actions Deadline====
+
[[File:NPDES NOT Chart 11-12-19.pdf|link=http://mdotwiki.state.mi.us/construction/images/2/26/NPDES_NOT_Chart_11-12-19.pdf|File:NPDES_NOT_Chart_11-12-19.pdf|400px|thumbnail|center|Notice of Termination (NOT) Chart]]
 +
{{top}}
  
If corrective actions are warranted, the SWO will notify the Contractor of the expected actions and provide a timely deadline.  The SWO is to record this notification and subsequent corrective actions on the part of the Contractor. The corrective actions should be completed within seven calendar days.  Emergency corrective actions, related to 1) sedimentation that occurs in streams, drainage structures, or watercourses, or 2) erosion that affects the support of the roadbed, or 3) the safety of the public should be completed within 24 hours.
+
===[[#Winter Construction Storm Water Inspection Reports | Winter Construction Storm Water Inspection Reports]]===
  
 +
On March 6, 2013, the EGLE issued revised procedures for winter construction storm water inspections. EGLE will no longer accept “frozen ground” as a weather condition for determining construction site inspection frequency. On-site inspections must be resumed within 24 hours of any change in earth disturbance conditions that may allow construction storm water runoff to occur as a result of construction operations resuming, rainfall, or warming conditions that will cause snow melt. Detailed weather conditions must be recorded on Form 1126 National Pollutant Discharge Elimination System (NPDES) and Soil Erosion and Sedimentation Control (SESC).
  
===Winter Shutdown===
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Construction activities with an earth disturbance greater than one acre or located within 500 feet of a lake or a stream must be inspected once every 7 days or within 24 hours after a precipitation event that results in a discharge from the site including weekend days regardless if the contractor is working or not. During inactive periods when a construction site has been temporarily stabilized and below freezing temperatures predominate, the Certified Storm Water Operator, without performing an onsite inspection, may certify on Form 1126 that weather and inactive conditions are such that runoff from the site will not occur.
  
# MDOT is able to suspend NPDES inspections during the winter on those projects that satisfy all of the following conditions:
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'''Certified Storm Water Operator Procedures'''
#* The construction project has been adequately stabilized and contained prior to winter shutdown.
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<ol type="1">
#* The ground is frozen to the extent that the soil is not susceptible to erosion.
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<li>In order to cease on site weekly inspections during periods of inactive earth change activity and/or during periods of time where discharges from the site are unlikely, each of the following must occur:  
#* There is no ongoing construction activity in the project area.
+
<ol type="A">
# During the winter shutdown period and when the above conditions are met, MDOT will not be required to perform on-site weekly inspections.  MDOT will state in an inspection report that weather conditions are such that a discharge from the site will not occur.  MDOT will periodically monitor the project.  MDOT is required to resume NPDES inspections when any change in conditions create or allow discharge to occur.
+
<li>Ensure that earth change activity has ceased. Document this condition on Form 1126.
#: The water quality protection requirements placed on MDOT under R323.2190 exist whether the construction site is active or not.  Failure of soil erosion control measures to protect water quality could lead to enforcement action against MDOT.  Construction sites with a seasonal shutdown need to be periodically monitored to ensure the performance of soil erosion control measures.
+
<li>Confirm with an onsite inspection that the site has temporary soil erosion and sedimentation control measures implemented to minimize discharge of sediment from the site. Document this condition on Form 1126.
 +
<li>Document weather conditions. Weather conditions must be consistently below freezing and unlikely to result in runoff from the site. Document this condition on Form 1126.
 +
</li>
 +
</ol>
 +
Once conditions 1A, 1B, and 1C are met, subsequent weekly inspection documentation may be completed without a site visit by documenting weather conditions for the site location on Form 1126.</li>
  
 +
<li>Onsite inspections must resume if any of the following occurs:
 +
<ol type="A">
 +
<li>Earth change activity resumes.
 +
<li>Weather conditions are such that snow melt runoff or precipitation in the form of rain is likely to leave the right of way.
 +
<li>Weather conditions are consistently above freezing for several days in a row and the possibility exists for surface runoff, an inspection would be required.
 +
<li>The site becomes unstabilized and starts to cause erosion.
 +
</li>
 +
</ol>
 +
</li>
 +
<li>Once any of the conditions identified in 2A-2D occur, onsite inspections must resume within 24 hours. Onsite inspections must be performed weekly or within 24 hours of a precipitation event that results in a runoff from the site.</li>
 +
</ol>
 +
These EGLE winter inspection requirements apply to all Local Agency Projects which are covered pursuant to the provisions of Michigan’s Permit-by-Rule (R323.2190) of Part 31.
  
===Non-Compliance Progressive Steps===
+
'''Detailed Reporting of Weather Conditions Affecting a Construction Site'''
  
The following are suggested progressive steps to take if a Contractor fails to comply with either the SESC or NPDES regulations.
+
Warming conditions may result in runoff from the site. However, the ground may still be frozen. Typical weather condition documentation that is acceptable may be obtained from any reliable weather source. This documentation should include the reporting period and the high temperature and average for the week. On March 6, 2013, the EGLE, issued revised procedures.  
  
* Issue a work order describing the work to be completed and the applicable deadlines.
+
{{top}}
  
* Issue a Notice of Non-Compliance with Contract Requirements (Form1165) for failure to respond to sedimentation and erosion control needs in a timely manner, with language describing a projected project shutdown date and/or curtailment of biweekly progress estimates if the needs still are not resolved within the appropriate time frames.
+
===[[#Non-Compliance of SESC|Non-Compliance of SESC]]===
  
* Request maintenance (direct or contract forces) to perform the workThe Contractor is subject to back charges for the costs associated for work performed by others.
+
* When the contractor fails to respond or to correct SESC actions within the appropriate timeframes shown on form 1126, the contractor shall be determined to be in non-compliance of SESCWhen the contractor is in non-compliance of SESC the engineer shall issue form 1165 Notice of Non-Compliance with Contract Requirements.  The engineer shall detail language describing a projected project shutdown date and/or curtailment of biweekly progress estimates if the needs still are not resolved within the appropriate time frames.
  
* In certain situations, it is possible to contract with other specialty Contractors to perform work. The Contractor may be subject to back charges for the costs associated for work performed by others.
+
* Request direct or contract agency maintenance forces to perform the corrective actions. The contractor is subject to back charges for the costs associated for work completed by others.  Ensure the contractor has been non-responsive or refuses to complete directed work.  
  
* Prepare an interim Contractor Evaluation (Form 1182) documenting problems with SESC/NPDES measures.
+
* In certain situations, it may be possible to contract with another contractor to perform corrective actions. The Prime Contractor may be subject to back charges for the costs associated for work performed by others.
  
 +
* Prepare an interim Contractor Performance Evaluation.
  
==MATERIALS==
+
* Assess non-compliance monetary values per the Special Provision for Non-Compliance with Soil Erosion and Sedimentation Control Requirements (12SP-208A).
 +
 
 +
{{top}}
 +
 
 +
===[[#Submission of Notice of Termination|Submission of Notice of Termination]]===
 +
 
 +
For those projects which have an earth disturbance greater than five acres a NOC is obtained during the project development.  When a NOC is obtained a NOT is required to be submitted to EGLE when the project is determined to be stabilized. A site is stabilized when all temporary SESC measures have been removed, permanent SESC measures installed, and vegetation well established. SESC inspections must continue until the site is stabilized and the NOT has been submitted to EGLE. 
 +
 
 +
The Construction Engineer will request either the Region Soils Engineer or Region Resource Specialist to evaluate and determine if a construction site is stabilized.  If the project is determined to be stabilized, the Region Soils Engineer or Region Resource Specialist contacts CFS to submit a NOT.  Once the NOT is submitted MDOT may stop SESC inspections.
 +
 
 +
{{top}}
 +
 
 +
==[[#MATERIALS|MATERIALS]]==
  
 
<span style="color: red"> -Reserved- </span>
 
<span style="color: red"> -Reserved- </span>
  
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{{top}}
  
==CONSTRUCTION==
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==[[#CONSTRUCTION|CONSTRUCTION]]==
  
 
<span style="color: red"> -Reserved- </span>
 
<span style="color: red"> -Reserved- </span>
  
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{{top}}
  
==MEASUREMENT AND PAYMENT==
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==[[#MEASUREMENT AND PAYMENT|MEASUREMENT AND PAYMENT]]==
  
 
<span style="color: red"> -Reserved- </span>
 
<span style="color: red"> -Reserved- </span>
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{{top}}
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[[Category:Construction Manual]]

Latest revision as of 14:24, 21 January 2020

208
Soil Erosion and Sedimentation Control
2012 STANDARD SPECIFICATIONS FOR CONSTRUCTION - SECTION 208


Contents

[edit] GENERAL

  1. The Michigan Department of Transportation (MDOT) is responsible for various environmental measures to be enacted throughout the life of state transportation projects and activities to ensure that issues related to environmental protection are appropriately considered and to provide transportation services that comply with the following rules and regulations.
Natural Resources and Environmental Protection Act 1994 PA 451, as amended

Part 91

Regulates Soil Erosion and Sedimentation Control (SESC) measures.

Part 31

Regulates National Pollutant Discharge Elimination System (NPDES). Regulates floodplains and floodways. Any work within a floodplain requires a Floodplain Permit and compliance with the State Flood Hazard Management Plan.

Part 301

Regulates inland lakes and streams. Any work below the ordinary high-water elevation of an inland lake or stream requires an Inland Lakes and Streams Permit.

Part 303

Regulates wetland protection. Any work within a wetland requires a State Wetland Permit. Any unavoidable wetland impacts resulting from construction activities in a regulated wetland must be properly mitigated on a no net loss basis.

Part 315

Regulates dam safety. Any construction, enlargement, repair, reconstruction, alteration, removal, or abandonment of any dam requires a Dam Safety Permit.

Part 323

Regulates shorelands protection and management. Any removal of vegetation, drainage alterations, land alterations or construction within flood risk, high risk erosion area, or environmental areas requires a Shorelands Protection and Management Permit.

Part 325

Regulates submerged lands on the Great Lakes. Any dredging, filling, or related construction activities in, over, or adjacent to any of the Great Lakes require a Great Lakes Submerged Lands Permit.

Part 353

Regulates sand dunes protection and management. Any vegetation removal, construction, or earth change within a critical dune area requires a Sand Dune Protection and Management Permit.

  1. The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has designated MDOT as an Authorized Public Agency (APA). The APA designation allows MDOT to accomplish earth change activities without attaining a Soil Erosion and Sedimentation Permit from a County or Municipal Enforcing Agency.
    The APA designation requires all earth disturbance activities to follow the approved MDOT SESC Procedures which are outlined in the MDOT Soil Erosion and Sedimentation Control Manual. Road and Bridge construction contract plans include SESC measures that are to be used during construction. The engineer and the contractor are responsible for installing and maintaining the measures shown on the plans. If needed the SESC Plans may be modified to accommodate any unforeseen earth disturbance activities that could result in violation of Part 91.
  2. Permits: NPDES and other permits required under the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended are obtained during the preliminary engineering phase of a project. The permits are included in the contract documents. The engineer is responsible to enforce the permit requirements while the contractor is responsible for construction activities described in the permit.
  3. Project Stabilization: The contractor is responsible to install and maintain temporary and permanent SESC Measures until adequate ground cover is established and the project has been determined to be stabilized and a Notice of Termination has been submitted (if applicable).

[top of page]


[edit] Soil Erosion and Sedimentation Control Requirements

[edit] Notification to County Enforcing Agency (CEA), Municipal Enforcing Agency (MEA), and County Drain Commissioner

As an APA, MDOT is not required to obtain individual SESC Permits from CEA, MEA, and the County Drain Commissioner. The engineer is required to notify the appropriate enforcing agency that an earth disturbance project will be starting. This notification is done by sending a copy of the preconstruction meeting minutes to the appropriate enforcing agency.

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[edit] Training

MDOT personnel who have SESC decision making authority or inspection responsibilities are required to complete at a minimum the EGLE Construction Storm Water Operator (CSWO) exam. The exam is offered by EGLE. Personnel who have SESC decision making authority must have the Comprehensive Soil Erosion and Sedimentation Control Certification. Contact EGLE for exam schedule. When submitting an SESC renewal or examination application must note on the bottom of the application to invoice MDOT. For training requirements see Section 1.2 in the MDOT Soil Erosion and Sedimentation Control Manual.

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[edit] Contractor Obligation

The contractor is responsible to construct and maintain both temporary and permanent SESC measures shown on the construction plans and in compliance with the MDOT Soil Erosion and Sedimentation Control Manual. Site specific earth disturbances may result in the need to modify the existing plan or add additional SESC measures to comply with Part 91. The engineer is responsible to ensure Part 91 (SESC) compliance.

If the contractor is working outside the MDOT right-of-way for borrow operations, waste or disposal areas, or any other earth disturbance activity affecting more than one acre or located within 500 feet of a lake or stream the property owner must obtain a SESC permit from the applicable MEA or CEA and EGLE. A copy of all permits must be provided to the engineer.

If the contractor obtains MDOT permission to disturb an area outside of the limits of earth disturbance but within the project limits, a separate earth change plan using form 1568 Approval for Project Staging or Excess Material Locations on MDOT ROW must be completed and submitted to the engineer for review and approval. Earth change plan requirements can be found in the MDOT SESC Manual.

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[edit] EGLE

EGLE may visit a project site in response to complaints, agency interest, and while performing audits of MDOT’s APA status. Continued disregard for EGLE concerns may result in a Notice of Violation (NOV) being issued to MDOT. The SESC Manual describes procedures to ensure compliance. The engineer must require the contractor to complete any corrective actions within 5 days of the NOV. If the corrective actions within that time frame are not possible the engineer must within the 5 days, submit a plan to EGLE describing the proposed actions. It is recommended that engineers work with their region resource specialist.

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[edit] Inspection

The department will inspect construction sites for Part 91 and Part 31 / NPDES compliance every 7 days or within 24 hours after a precipitation event that results in a discharge from the site including weekend days regardless if the contractor is working or not. A discharge is defined as storm water runoff that does not infiltrate into the ground and leaves the construction site or enters waters of the state after a precipitation event. Engineering judgement must be used when determining if a discharge from the site has occurred. Inspectors must possess a current CSWO Certificate. Individuals who authorize changes to SESC measures shown on road or bridge construction plans must have a valid Comprehensive SESC Training Certificate.

Inspections are completed using MDOT’s Form 1126, National Pollutant Discharge Elimination System (NPDES) and Soil Erosion and Sedimentation Control (SESC) Inspection Report.

Inspection Reports must be maintained for three years and available for inspection by auditing agencies.


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[edit] Corrective Actions Deadline

Corrective actions must be made within 24 hours if sediment has entered waters of the state, left department right-of-way, and/or if public safety may be compromised. Otherwise, corrective actions must be made within 5 calendar days. Corrective Actions, Notification Dates, and Completion Dates must be documented on Form 1126.

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[edit] National Pollutant Discharge Elimination System Guidlines

[edit] Proposal

The proposal for projects subject to NPDES regulations, earth disturbances of one acre or greater will contain a Special Provision for NPDES Inspection and Response. Refer to EGLE’s Construction Site Storm Water Manual for comprehensive NPDES procedures.

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[edit] Notification

For projects subject to NPDES regulations, EGLE is to receive a Notice of Coverage (NOC) prior to the start of the project describing the project details. Development staff are to prepare the NOC and submit it to Construction and Technology Support Area. Construction and Technology staff will submit the NOC to the Bureau of Highways Engineer of Delivery for signature. Once signed, the NOC is returned to Construction and Technology for processing to EGLE. EGLE provides a letter of authorization. The TSC delivery staff is to complete the Notice of Termination (NOT) and submit it to Construction and Technology upon project stabilization.

Notice of Coverage (NOC) Chart
Notice of Termination (NOT) Chart

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[edit] Winter Construction Storm Water Inspection Reports

On March 6, 2013, the EGLE issued revised procedures for winter construction storm water inspections. EGLE will no longer accept “frozen ground” as a weather condition for determining construction site inspection frequency. On-site inspections must be resumed within 24 hours of any change in earth disturbance conditions that may allow construction storm water runoff to occur as a result of construction operations resuming, rainfall, or warming conditions that will cause snow melt. Detailed weather conditions must be recorded on Form 1126 National Pollutant Discharge Elimination System (NPDES) and Soil Erosion and Sedimentation Control (SESC).

Construction activities with an earth disturbance greater than one acre or located within 500 feet of a lake or a stream must be inspected once every 7 days or within 24 hours after a precipitation event that results in a discharge from the site including weekend days regardless if the contractor is working or not. During inactive periods when a construction site has been temporarily stabilized and below freezing temperatures predominate, the Certified Storm Water Operator, without performing an onsite inspection, may certify on Form 1126 that weather and inactive conditions are such that runoff from the site will not occur.

Certified Storm Water Operator Procedures

  1. In order to cease on site weekly inspections during periods of inactive earth change activity and/or during periods of time where discharges from the site are unlikely, each of the following must occur:
    1. Ensure that earth change activity has ceased. Document this condition on Form 1126.
    2. Confirm with an onsite inspection that the site has temporary soil erosion and sedimentation control measures implemented to minimize discharge of sediment from the site. Document this condition on Form 1126.
    3. Document weather conditions. Weather conditions must be consistently below freezing and unlikely to result in runoff from the site. Document this condition on Form 1126.
    Once conditions 1A, 1B, and 1C are met, subsequent weekly inspection documentation may be completed without a site visit by documenting weather conditions for the site location on Form 1126.
  2. Onsite inspections must resume if any of the following occurs:
    1. Earth change activity resumes.
    2. Weather conditions are such that snow melt runoff or precipitation in the form of rain is likely to leave the right of way.
    3. Weather conditions are consistently above freezing for several days in a row and the possibility exists for surface runoff, an inspection would be required.
    4. The site becomes unstabilized and starts to cause erosion.
  3. Once any of the conditions identified in 2A-2D occur, onsite inspections must resume within 24 hours. Onsite inspections must be performed weekly or within 24 hours of a precipitation event that results in a runoff from the site.

These EGLE winter inspection requirements apply to all Local Agency Projects which are covered pursuant to the provisions of Michigan’s Permit-by-Rule (R323.2190) of Part 31.

Detailed Reporting of Weather Conditions Affecting a Construction Site

Warming conditions may result in runoff from the site. However, the ground may still be frozen. Typical weather condition documentation that is acceptable may be obtained from any reliable weather source. This documentation should include the reporting period and the high temperature and average for the week. On March 6, 2013, the EGLE, issued revised procedures.

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[edit] Non-Compliance of SESC

  • When the contractor fails to respond or to correct SESC actions within the appropriate timeframes shown on form 1126, the contractor shall be determined to be in non-compliance of SESC. When the contractor is in non-compliance of SESC the engineer shall issue form 1165 Notice of Non-Compliance with Contract Requirements. The engineer shall detail language describing a projected project shutdown date and/or curtailment of biweekly progress estimates if the needs still are not resolved within the appropriate time frames.
  • Request direct or contract agency maintenance forces to perform the corrective actions. The contractor is subject to back charges for the costs associated for work completed by others. Ensure the contractor has been non-responsive or refuses to complete directed work.
  • In certain situations, it may be possible to contract with another contractor to perform corrective actions. The Prime Contractor may be subject to back charges for the costs associated for work performed by others.
  • Prepare an interim Contractor Performance Evaluation.
  • Assess non-compliance monetary values per the Special Provision for Non-Compliance with Soil Erosion and Sedimentation Control Requirements (12SP-208A).

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[edit] Submission of Notice of Termination

For those projects which have an earth disturbance greater than five acres a NOC is obtained during the project development. When a NOC is obtained a NOT is required to be submitted to EGLE when the project is determined to be stabilized. A site is stabilized when all temporary SESC measures have been removed, permanent SESC measures installed, and vegetation well established. SESC inspections must continue until the site is stabilized and the NOT has been submitted to EGLE.

The Construction Engineer will request either the Region Soils Engineer or Region Resource Specialist to evaluate and determine if a construction site is stabilized. If the project is determined to be stabilized, the Region Soils Engineer or Region Resource Specialist contacts CFS to submit a NOT. Once the NOT is submitted MDOT may stop SESC inspections.

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[edit] MATERIALS

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[edit] CONSTRUCTION

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[edit] MEASUREMENT AND PAYMENT

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