MoDOT Utility Construction 5/11/2016 & Erosion Control Seminar - - PDF document

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MoDOT Utility Construction 5/11/2016 & Erosion Control Seminar - - PDF document

MoDOT Utility Construction 5/11/2016 & Erosion Control Seminar Handout Kansas Citys Favorite DUE Mr. Robert Rhodes, MoDOT District Utilities Engineer Kansas City District Counties included in the KC District: Cass Pettis


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MoDOT Utility Construction & Erosion Control Seminar Handout 5/11/2016 Section 1 – MoDOT Utility Installation Policy 1

  • Mr. Robert Rhodes,

MoDOT District Utilities Engineer Kansas City District

Counties included in the KC District:

  • Cass
  • Clay
  • Jackson
  • Johnson
  • Lafayette
  • Pettis
  • Platte
  • Ray
  • Saline

Kansas City’s Favorite DUE

  • Mr. Robert Rhodes,

MoDOT District Utilities Engineer Kansas City District

Duties Include:

  • Coordinating Utility Work on MoDOT Statewide Transportation

Improvement Projects, both Reimbursable and Non-Reimbursable.

  • Reviewing, Approving/Rejecting, and Processing Variance Requests.
  • Oversight of Utility Permits in the District.
  • Serve as District Contact for Railroad Safety Projects.
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MoDOT Utility Construction & Erosion Control Seminar Handout 5/11/2016 Section 1 – MoDOT Utility Installation Policy 2

  • Mr. Robert Rhodes,

MoDOT District Utilities Engineer Kansas City District

  • Clay I-435

June 2016 Interchange Improvements at 210 Hwy.

  • Platte 45

June 2016 Corridor Widening from I-435 to Rte. K.

  • Jackson I-49

November 2016 Interchange Improvements at 155th Street.

  • Jackson 50

February 2017 Interchange Improvements at Rte. 291 (South)

  • Cass 291

March 2017 Capacity Improvements in Harrisonville

  • Mr. Robert Rhodes,

MoDOT District Utilities Engineer Kansas City District

  • Jackson I-70

October 2017 Interchange Improvements at I-435.

  • Jackson I-70

February 2018 Bridge Improvements (4 Locations).

  • Clay 152

June 2018 Interchange Improvements at I-35.

  • Jackson I-435

January 2019 Bridge Improvements from KS State Line to I-49.

  • Mr. Robert Rhodes,

MoDOT District Utilities Engineer Kansas City District (816) 607-2234

Any Quick Questions?

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MoDOT Utility Construction & Erosion Control Seminar Handout 5/11/2016 Section 1 – MoDOT Utility Installation Policy 3

  • Mr. Richard Orr, P.E.

MoDOT Transportation Project Manager Northwest (St. Joseph) District (816) 387-2483

The Facts Behind the Policy

  • 1804 - Philadelphia had the distinction of being the first city in the

world to use cast iron pipe for its public water mains. Wooden pipes were commonly used before that.

  • 1859 - ‘Colonel’ Edwin Drake, a former railroad conductor, built a two-

inch diameter natural gas pipeline that ran 5½ miles from the well to the village of Titusville, Pennsylvania.

  • 1861 - President Lincoln established the US Military Telegraph Corps.

Over 15,000 miles of copper telegraph cable was built across the country purely for military purposes.

  • 1878 - Inventor Thomas Edison built a system to provide electric

lighting to businesses and homes. When service started, he had 85 customers in a one square-mile area and powered 400 incandescent lights for them using 6 ‘jumbo dynamos’ housed at Pearl Street Station, Manhattan.

Historical Public Utilities - Fun Factoids

  • 1935 – In response to concerns about price gouging by utility

companies, Congress enacted the Public Utility Holding Act to be

  • verseen by the recently created Securities Exchange
  • Commission. The law did not name any specific standard that the

SEC was to use in evaluating the plans, and the SEC itself did not set any particular rule to govern its decisions. What a plan!

Historical Public Utilities - Fun Factoids

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MoDOT Utility Construction & Erosion Control Seminar Handout 5/11/2016 Section 1 – MoDOT Utility Installation Policy 4

  • 1988 – A Good Year for Utilities
  • Prior to 1988, the Federal Highway Administration prohibited

utilities from being installed within interstate rights-of-way, and many states had adopted this same policy for their state highways.

  • In 1988, however, FHWA changed that policy to allow each

state to decide whether to permit utilities within interstate ROW as long as it was safe for the traveling public and did not affect maintenance of the facilities. Not surprisingly, many states shortly followed suit and adopted that very same policy for their state routes.

The Foundation of MoDOT’s Utility Policy

  • Federal Definition of a Utility:
  • A "privately, publically, or cooperatively owned line, facility or

system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway draining, or any other similar commodity, including any fire or police signal system

  • r street lightening system, which directly or indirectly

serves the public" (23 CFR 645.207).

The Foundation of MoDOT’s Utility Policy The Foundation of MoDOT’s Utility Policy

  • The Basis for Allowing Utilities within the ROW
  • Departments of Transportation (DOTs) can allow public and

private utilities within the ROW if they have an approved Utility Accommodation Policy (UAP).

  • The American Association of Highway and Transportation

Officials (AASHTO's) "Guide for Accommodating Utilities within the Right-of-Way" establishes guidelines for states' UAPs, which FHWA ultimately reviews and approves.

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MoDOT Utility Construction & Erosion Control Seminar Handout 5/11/2016 Section 1 – MoDOT Utility Installation Policy 5

The Foundation of MoDOT’s Utility Policy

  • Some of the Regulations Governing Placement of

Utilities in the ROW:

49 Code of Federal Regulations (CFR) 18.31(b) (Real Property) 23 United States Code (USC) 111 (Use and Access to ROW) 23 CFR 645 Subpart B (Accommodation of Utilities) 23 CFR 710 (ROW and Real Estate) 23 CFR 752.5 (Safety Rest Areas)

So… What Does all that Mean?

  • Take a look at this typical state maintained route

with normal access ROW:

  • The ‘Utility Corridor’ is the 6-ft. width adjacent to

the ROW line.

  • Utilities may be installed in the utility corridor

without charge, providing they conform to MoDOT’s requirements.

  • Variances are exceptions to the MoDOT standard

policy that must be approved by District Utility Engineers and, in some cases, FHWA.

So… What Does all that Mean?

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1

Permit Permit Proc Process ss & Saf Safety ty Requireme rements ts

Course Objectives

  • Our permit process and procedures
  • Our Work Zone Safety and Mobility Policy
  • Our “Notice of Intent to Work” process and

how that impacts public notification

  • Our High Visibility Safety Apparel

requirements

Upon completion, you will:

3

MoDOT’s Work Zone Safety and Mobility Policy

Engineering Policy Guide SECTION 616.14 http://modot.org

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2 Work Zone Safety and Mobility Policy

  • Provide an environment conducive to roadway user

and worker safety. – Work toward zero work zone fatalities. – Reduce crashes in all types of work zones.

  • Minimize impact of work zones on roadway user.

– Limit traffic delays to 15 minutes or less. – Provide customers real-time work zone information.

Work Zone Safety and Mobility Policy

  • Fundamental Principles
  • Responsibilities

Fundamental Principles

  • Prepare a temporary traffic control plan and

communicate it to all parties prior to

  • ccupying the site
  • Schedule and coordinate operations with all

involved parties

  • Provide training appropriate to the level of

responsibility

  • Avoid frequent or abrupt geometric

changes

  • Minimize delay and disruption to traffic
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3 Fundamental Principles

  • Provide adequate warning,

delineation, and channelization in advance of and through the area affected

  • Provide positive guidance
  • Assume drivers will only reduce their

speeds if they perceive a need to do so

  • Ensure continuation of emergency

services

Fundamental Principles

  • Communicate with and provide reasonable

accommodations for adjoining property

  • wners
  • Provide temporary traffic control devices

that are in good working order

  • Inspect and maintain temporary traffic

control devices

  • Monitor performance of the work zone and

modify as needed

Fundamental Principles

  • Remove, cover, or turn off all unnecessary

temporary traffic control devices

  • Keeping the public, local businesses,

trucking and transit associations, emergency responders, and government entities, etc. informed of work zone activities

  • Provide for safe working operations!!!
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4

SAFETY IS THE #1 PRIORITY AT MODOT SAFETY FOR UTILITY WORKERS & CONTRACTORS SAFETY FOR THE MOTORISTS OF MISSOURI

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5

SAFETY CAN BE ACHIEVED BY WORKING TOGETHER WITH OTHER AGENCIES

Responsibilities

  • MoDOT Permit Staff
  • Utility Permittees
  • Contractors and Sub-Contractors

Responsibilities District Permit Staff

  • Review, Approve, and Issue Permits for work

performed on MoDOT right of way.

  • Plan, Notify the Public, and Coordinate all work

zone activities with the permittee. A minimum of two working days for any lane closure before any non-emergency work begins.

  • Schedule lane closures during off-peak and/or

nighttime hours when capacity is an issue.

  • Determine if work zones are being maintained in a

neat, orderly and effective manner for the safety of workers and motorists

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6 Responsibilities District Permit Staff

  • Minimize delay and disruption experienced during

permit activities for the traveling public.

  • Perform quality assurance of work zones to

promote compliance with policies and guidelines. This includes review and approval of traffic control plans, initial set-up inspections, and periodic inspections for longer term activities.

  • Notify the public about work zone locations! Enter

workzones in the TMS (Traffic Management System)

Responsibilities Utility Permitees & Contractors

  • Develop and submit for approval an appropriate

traffic control plan for work to be done on the state highway right of way.

  • Designate a trained person at the work level who

shall have the primary responsibility, with sufficient authority, for implementing the temporary traffic control plan and other safety and mobility aspects

  • f the permit work.
  • Submit a “Notice of Intent to Perform Work” to

the respective MoDOT district office for all work on state highway right of way. http://www.modot.org

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7 PUBLIC NOTIFICATION

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8 PUBLIC NOTIFICATION PUBLIC NOTIFICATION Responsibilities Utility Permitees & Contractors

  • Identify a point of contact that shall be available for

the entire duration, while the permittee maintains a presence on state highway right of way and that shall be capable of correcting any deficiencies in a timely manner.

  • Training all permittee personnel in temporary traffic

control to a level commensurate with their responsibilities.

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9 Responsibilities Utility Permitees & Contractors

  • Notifying the appropriate district staff, as required,

at least two working days before commencement of any work on the right of way.

  • Maintaining a copy of the permit and the temporary

traffic control plan at the work site that prescribes the necessary traffic control measures for the work to be performed.

  • Minimizing time of lane closures.

Responsibilities Utility Permitees & Contractors

  • Ensure that work zones are neat, orderly and

effective for the safety of permit workers and motorists.

  • Performing quality control of work zones to promote

consistency and ensure compliance with temporary traffic control plan, policies and guidelines.

  • Monitor and adjust traffic control measures, as

needed, to improve traffic flow, visibility and workers and motorist safety.

Training

Each person whose actions affect temporary traffic control zone safety, from the upper-level management through field workers, should receive training appropriate to the job decisions each individual is required to make

  • MUTCD 2003 and Work Zone Safety

and Mobility Rule Making 2004

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10

Work Zone Basics

Work Zone Components

Temporary Traffic Control Zone Operations

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11 Location of Work

Where is the work going to occur:

  • Work Beyond the Shoulder
  • Work On the Shoulder
  • Work Within the Travelway

Work Beyond the Shoulder Work on the Shoulder

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12 Work Within the Travelway Work Within the Travelway Flagger Control

  • A flagger protects

personnel – that’s you!!!

  • A flagger provides safe,

courteous, and authoritative directions to move traffic through the work zone

  • All flaggers should have

appropriate training

The flagger’s job is the most important

  • ne on the crew!
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13 Flagger Control

  • The flaggers

STOP/SLOW paddle shall be 18” X 18” minimum

  • Flaggers shall (and all

workers in the public right

  • f way) are required to

wear High-Visibility Safety Apparel.

The flagger’s job is the most important

  • ne on the crew!

High Visibility Apparel

  • All workers, including emergency responders, within

the right-of-way who are exposed either to traffic (vehicles using the highway for purposes of travel) or to work vehicles and construction equipment within the TTC zone shall wear high-visibility safety apparel that meets the Performance Class 2 or 3 requirements

  • f the ANSI/ISEA 107–2004 publication entitled

"American National Standard for High-Visibility Safety Apparel and Headwear“ or equivalent revisions, and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure. A person designated by the employer to be responsible for worker safety shall make the selection of the appropriate class of garment.

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14 Questions?

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5/10/2016 1

Sediment & Erosion Control Basics plus Best Management Practices

Valerie Hentges Environmental Specialist Design Division MoDOT

Why? Environmental Regulation

 Clean Water Act (1972) = Section 402 ~ National

Pollution Discharge Elimination System (NPDES)

 Permit goal: To protect the quality and beneficial

uses of the local surface waters from construction pollution

 Clearing, grading, excavation, and stockpiling

activities resulting in 1 or more acres of land disturbance for the whole project

 Requires an implementation plan for pollution

prevention and control of runoff until final stabilization of the construction project has been achieved

Land Disturbance Env. Regulation

 EPA delegates the Clean Water Act regulations to

Missouri DNR = point source discharge permits

 Does not authorize other impacts (Historic Preservation

Act; Endangered Species Act; Section 404, 401, 408, etc. )  DNR grants a 5-yr permit to MoDOT (expires May 2017)

 Permit revisions for the next 5 years going on NOW!  Possible changes include:  Linear or strip construction may no longer be exempt  Water quality standards may be a larger part of permit  BMPs needed for what storm level  Settleable solids or another measurable parameter?

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5/10/2016 2

MO Land Disturbance Env. Regulation

 DNR grants a 5-yr permit to MoDOT (expires May 2017)  Legal agreement between applicant (e.g., MoDOT)

and DNR

 Applicant held responsible to follow permit

conditions and regulations for land disturbance activities

 DNR receives a quarterly report for all MoDOT

projects of land disturbance of 1 acre or more

 Become familiar with your permit!

 http://dnr.mo.gov/env/wpp/permits/issued/docs/R100000.pdf  Or MoDOT Land Disturbance web page: www.modot.org/ld

Permit Prohibited Acts

 To cause

pollution of waters of the state

 To exceed

permit limits

“A bit murky for low flow!”

Permit Prohibited Acts

 To cause

pollution of waters of the state

 To exceed

permit limits

 To “put or

place” pollutants in proximity to streams

“When it rains, where will this material go?”

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5/10/2016 3

Permit Prohibited Acts

 To cause

pollution of waters of the state

 To exceed

permit limits

 To “put or

place” pollutants in proximity to streams

 To exceed

general or specific water quality criteria

“free from unsightly turbidity”

“free from harmful bottom deposits”

“How do we find where this came from?”

Erosion Control vs…

 Erosion = process when soil is displaced by water  Rate of erosion influenced by climate, topography,

soil type, vegetation

Erosion Control vs. Sediment Control

 Erosion = process when soil is displaced by water

 Rate of erosion influenced by climate, topography, soil

type, vegetation  Sediment = soil displaced by erosion; potential to

be transported long distances

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5/10/2016 4

Erosion Control vs. Sediment Control

 Erosion = process when soil is displaced by water

 Rate of erosion influenced by climate, topography, soil

type, vegetation  Sediment = soil displaced by erosion; potential to

be transported long distances

 Erosion Control: practices to keep soil in place

(keep soil from moving/eroding)

 Considered non-structural BMPs  Sediment Control: remove sediment from runoff

before the runoff is discharged from the site

 Considered structural BMPs

Non-structural (erosion) BMPs

 Temporary or permanent  Minimize amount of time soil is disturbed  Inactivity for > 14 days = vegetative cover  Preservation of trees (minimize compaction)  Protect vegetation (buffer strips)  Mulch and/or sod  Temporary seeding or final seeding  Geotextiles (Erosion control blankets, etc.)  Soil stabilizing emulsion/tackifiers  Stabilized construction entrances

Non-Structural BMPs need to be monitored

MO-R100007 p. 5-6, C.6.e.

Topsoil & Stockpile Management

 Save topsoil when practicable for reuse  Try to replace to provide quick germination of

vegetation

 MO Specification Section 804  Protection of stockpiled materials with temporary

BMPs (covers, berms, silt fences, fiber rolls, etc.)

 Covered, stabilized, and/or protected prior to

rain event

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5/10/2016 5

Seed, sod, and mulch

 Permanent seeding is always the preferred

stabilization technique

 Temporary seed if work is focused on another

area for a period of time

 Quick stabilization may save future re-grading

efforts

 Mulch without seed only as temporary BMP (best when late fall or early winter) – if approved by engineer  7 days if steep slope (3:1) OR 14 days if “normal slope”  MO Specification Section 802, 803, 805

Hydro-mulching

 Apply over all exposed soil surfaces  Can be used for temporary erosion control; use in

combination with seeding for permanent

 Application needs to match the soil type/condition

and slope degree/ratio

 Used on soil stockpiles to control wind erosion  Spray from multiple directions to ensure coverage

Erosion control blankets (ECB) & Turf reinforcement mats (TRM)

 Protective netting: none, one side or both sides  Netting made of plastic or cotton thread  Variety of materials used based on weight and

thickness needed

 ECB – prevent sheet, rill or gully erosion on slopes

and lower flow channels; limited lifespan

 TRM – used on steep slopes or slope areas with

concentrated flow; typically used in channels; longer lifespan than ECB

 Recommended on most slopes steeper than 3:1 –

depending on soil type

 MO Specification Section 806.90

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5/10/2016 6

Fiber Reinforced Matrix

 Spray-on product conforms to surface and bonds

to – blankets bare soil

 FRMs lock in moisture and nutrients to promote

seed germination

 Slope protection – not for concentrated flows

within ditches, drainages, or streams

 Spray slopes from multiple, varying directions for

full cover per manufacture specifications

 May need other BMPs to decrease runoff velocities

(wattles, socks, logs, etc.)

Construction Phasing

 When possible phase the construction/land

  • pening for necessary area where work is done

 Stabilize promptly, each phase stabilized  Trenching: Place spoils on the uphill side so that if

it does erode, it goes back into the trench

Structural (sediment) BMPs

 Control and/or divert flows  Silt fence (filter fabric, mulch berm, logs/socks)  Earthen dikes (berms)  Ditch checks (rock or alternate types)  Subsurface drains  Pipe slope drains  Sediment traps  Sediment basins

Structural BMPs need to be monitored

MO-R100007 p. 6, C.6.f.

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5/10/2016 7

Silt Fence

 Must be properly installed to function properly  Permeable fabric (3’ high) that prevents majority

  • f sediment passing through; 4 foot spacing;

securely fastened

 Intercepts sheet flow to moderately concentrated flows

 Barrier to runoff  not suitable: high flow areas  Not used to divert water  Inspect prior to & after rain

event

 Remove accumulated

sediment when 1/3 the height of fence

 MO Specification Section 806.70

Compost Filter Socks, Rolls, and Logs

 Straw or related materials confined into a roll;

water passes but prevents majority of sediment from passing through

 Ideal for sheet flow or slightly to moderately

concentrated flows; overlap if more than 1 roll

 Project stabilized – fiber rolls can be left in place if

filled with biodegradable material that is cut and spread out

 Inspect prior to and after each rain event  Repair or replace damaged rolls  Frequently due to failure and undermining of

device

Stormdrain inlet protection

 Reduces sediment from entering storm drain

system – culvert, drop, or curb (typically goes straight to stream)

 Prior to grading, identify storm drains to place

protection around the inlets (Socks, wattles, rolls, logs,

filter devices, etc.)  Constantly checked, esp. after rain event  Remove protection devices once project has

reached stabilization

 MO Specification

Section 806.30.2.3

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Drainage (Grassed) Swales

 Typically a longitudinal strip of riprap or the

preferred grassed/vegetation

 Install to convey runoff to minimize erosion  Can be in conjunction with other BMPs (silt fence,

logs, wattles, ditch checks, etc.)

Ditch checks (Rock or Alternate)

 Small temporary dams of rock perpendicular to the

swale/ditch

 Reduce velocity & allow sediment to drop out behind

dams where ditch slopes are 10% or less (Rock checks) or 4% or less (Alternate checks)

 Rock: 4 -12 inch rock; spacing allows for the toe of one to be

the height of next; min. effective height – 18”

 Alternate: when safety concerns for traveling public or other

constrains where rock not feasible; min. effective height – 9”

 Inspect prior to and after rain event;

Extensive maintenance after high flow event

 May be in a series along the ditch  NO placement in a stream  MO Specification Section 806.30.2

Ditch checks (Rock or Alternate)

 MO Specification Section 806.30.2

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Tracking In/Out

 Consist of rumble plates or gravel to reduce off

project tracking of various pollutants

 Or water pit for washing off tires or tracks  Maintained daily to increase effectiveness

Photo credits: San Diego Gas & Electric: Water Quality Construction BMP Manual

Sediment Basin

 Temporary basins to capture sediment runoff to

allow for settling out before water exists project

 Constructed with defined side slopes; riprap

placed in inlet and outlet areas; at least twice as long as wide (max. time of concentration within structure)

 Required when large (≤ 10 acres) disturbed areas

  • f concentrated flow drains to one point; sized to

capture runoff from at least a 2 yr/24 hr event

 Maintenance required; accumulated sediment

removed when basin is no more than half-full

 MO Specification Section 806.40

Soil surface roughening

 Tracking: tracked equipment vertically tracking

up and down slops to create horizontal depressions, perpendicular to the runoff path

 Reduce velocity and concentrated runoff; minimized rill

erosion; can lead to soil compaction  Grooving: creation of series of ridges and

depressions running along the contour of a slope

 Grooves no more than 3” deep; no more than 15” apart

 Stair-stepping: construction of stair steps to

reduce runoff velocity; sedimentation on steeper slopes that will not be mowed

 Vertical steps not to exceed 1’; horizontal step longer

than vertical step and sloped inward toward vertical step face to promote sedimentation

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5/10/2016 10

Guidance

 Engineering Policy Guide  http://epg.modot.org  The Engineering Policy Guide (EPG) contains

MoDOT policy, procedure and guidance for the planning, design, construction and maintenance of roadway and related facilities. It also includes specific technical topics of right of way, bridge, traffic and materials.

 Specification Book for Highway Construction

 http://www.modot.org/business/standards_and_specs/highwayspecs.htm

 The standard specifications book contains material,

equipment and construction requirements for items specified in the construction of Missouri's transportation infrastructure.

Topsoil / Stockpile

 Thoughts on more information:

Photo credit: John Cooper

What would you do better?

 Filter Sock: failed, not installed properly, not

trenched in

 Silt fence: failed, not installed

Photo credit: John Cooper

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5/10/2016 11

Solutions?

 Tracking: not tracked properly, bare slope for a

bit – needs to be covered with vegetation; slopes good for ECB

Photo credit: John Cooper

Any concerns?

 Tracking correctly, basin sized correctly

Slopes

 ……and then use berms to divert runoff, and

stabilized ditches or slope drains to carry stormwater down the slopes

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5/10/2016 12

Checks

 Rock can be used in larger

drainage areas and steeper ditch grades.

 Depending on the size and

topography of the drainage area and steepness of the ditch, you may want to incorporate ECB/TRM in concert with the rock.

Streams

 Our primary focus for erosion and sediment

control should be holding and capturing sediment BEFORE it enters waters of the state

Questions?

 Remember:  Minimize disturbed area  Stabilize promptly and correctly  Be prepared for the worst, hope for the best!

Valerie Hentges Environmental Specialist

Valerie.Hentges@modot.mo.gov

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1

Eric Kopinski MoDOT Environmental

Environmental Regulations – Why?

  • Clean Water Act – October 1972

−Point Sources – 1972 −Amendment - 1987 (Nonpoint Sources)

  • EPA has authority of Clean Water Act
  • In Missouri authority delegated to MDNR

EPA’s - Priority List

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2 How powerful is the EPA?

  • Strict Liability

−Driving Under the Influence (DUI) −Selling alcohol to minors −Clean Water Act (CWA)

  • CWA Fines = $37,500 per violation per day

Consent Decree - Basics

  • Consent Decree – An agreement or settlement to

resolve a dispute between two parties without admission of guilt (criminal) or liability (civil). −MSD St. Louis - $4.7 Billion −City of Kansas City MO - $2.5 Billion −City of Independence MO - $35 Million

Consent Decree – Region VII

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3 Not Just DOTs

$3.1 Million and National Compliance System $1.3 Million and National Compliance System

EPA – MoDOT Project Inspections

  • History of NOVs from DNR and EPA
  • Route 67 – Wayne County
  • Route 54 – Camden County

Lessons Learned – EPA Audits

  • Inspections resulted from public complaints
  • Large grading projects
  • Intense rain events
  • MoDOT’s documentation needed to be improved
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4 MoDOT’s Consent Decree - Basics

  • Any project > 1 acre on ROW SHALL comply
  • Required to use self-reporting online database
  • Potential for 15 stipulated penalties
  • Duration of at least 3 years
  • MoDOT pays one time civil penalty of $750,000

What is a project?

  • “Project shall mean any location in the State of

Missouri where defendant engages in land disturbance activities of greater than one (1) acre.”

  • Decree specifically between MoDOT and EPA

Projects – Decree Reporting

  • Utilities – Projects > 1 acre
  • Construction – Per project number, not contract ID
  • Traffic Permits – ROW disturbance > 1 acre
  • Maintenance – Keep work under one acre
  • Local Roads/LPA – ROW impacts > 1 acre
  • Lease Agreement – Level of involvement
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5

Stipulated Penalty Summary 1 of 2

Rule Item Fine Amount 1 Decree point person (Kopinski’s role) $1,000 initial violation $750 for every 14 days 2 Assign MoDOT inspector & Contractor WPCM $750 initial violation $750 for every 14 days 3 Inspector, RE and WPCM need to be trained $750 initial violation $750 for every 14 days 4 Hold pre-construction conference $750 initial violation $250 every day 5 Create and distribute inspection protocol $750 per day 6 MoDOT performing weekly and runoff inspections $500 initial violation $100 every day 7 MoDOT inspection entered late $100 initial violation

Stipulated Penalty Summary 2 of 2

Rule Item Fine Amount 8 RE and WPCM both sign report within 3 days $250 initial violation 9 MoDOT oversight inspection when > 5 and either in 303(d) stream or T&E area $1,500 initial violation $250 every day 10 Failure to comply with permit or SWPPP $1,000 days 1-10 $2,500 days 11-20 $3,500 days 21+ 11 Failure to correct deficiencies (BMPs) $1,000 days 1-10 (day 8-17) $2,500 days 11-20 (day 18-27) $3,500 days 21+ (day 28+) 12 Failure to list deficiencies into database $200 per day per deficiency 13 RE 7 day review; Kopinski’s 14 day review $200 per day 14 Failure to submit spill report $750 initial violation $750 every 14 days

Money Details

  • No federal funds can be used to pay fines
  • All money is paid to US Treasury NOT EPA
  • MoDOT’s expectations: $0
  • Database testing period (4 month period): $359,000

in mock fines

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SLIDE 40

6 Database Basics Stormwater System Design

User Expectation

Consent Decree Schedule

  • Database testing rollout: July 15, 2015
  • Database live: November 16, 2015
  • Yearly reports: March of 2016, 2017 & 2018
  • Termination scheduled date: July 20, 2018
  • Only 788 days, 13 hours…….NOT that anyone is

counting

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SLIDE 41

7 Construction – Potential Changes

  • JSP for Consent Decree
  • Utilize new products more often
  • Remobilization pay item for hydroseeding
  • Provide payment to repair items after significant

rain events

  • Better document ponds and lakes

Design – Potential Changes

  • Plan sheet changes – staging sheets
  • RUSLE – Advanced design by west coast DOTs
  • SELDM – USGS and FHWA developed
  • Post rain event analysis

Future Technology – Pervious Pavements

  • Piloted with limit success by MoDOT
  • Technology is advancing
  • Filters pollutants out of runoff (MS4)
  • 1,500 gallons of water in 5 min ≈ 43” event
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SLIDE 42

8 Future Technology - Focal Point Biofiltration

  • Basin 1: 12,000sf → 240sf
  • Basin 2: 3,037sf → 60sf
  • Basin 3: 1,626sf → 40sf
  • Basin 4: 2,055sf → 52sf
  • Total: 18,718sf → 352sf (98%)

EPA – Future Interaction

Consent Decree – Formal Training

Date Location Room Time 5/26 CD – Jeff City District Office – Muri Room Noon – 4:30pm 6/14 SW – Springfield District Office – Conference Room #3 Noon – 4:30pm 6/29 SE – Sikeston District Office – SK Room Noon – 4:30pm

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SLIDE 43

9 Additional Resources & Information

  • Eric Kopinski

−Cell: 573.291.0364

−Desk: 573.751.2790 −E-mail: eric.kopinski@modot.mo.gov

  • www.modot.gov/ld
  • MoDOT’s EPG Section 800

Questions

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SLIDE 44
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SLIDE 45

MoDOT Utility Construction & Erosion Control Seminar Handout 5/11/2016 Section 1 – MoDOT Utility Installation Policy 1

Putting all the Pieces Together

A Sample Active Project with Panel Discussion

Final Questions? That’s All Folks!

Robert Rhodes, MoDOT Design – (816) 607-2233 Rick Orr, MoDOT Design – (816) 387-2483 Vernon Koch, MoDOT Traffic – (816) 607-2190 Valerie Hentges, MoDOT Environmental – (573) 526-4728 Eric Kopinski, MoDOT Environmental – (573) 751-2790 John Cooper, APWA KC Metro Chapter - (913) 577-8412 Ted Ingalls, APWA KC Metro Chapter – (913) 577-0071

with special thanks to

Visit kcmetro.apwa.net

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SLIDE 46

KC Utility Seminar ~ Notes ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

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SLIDE 47