MDE Permits – From Design Office to the Field

Highway Operations Subcommittee

2010 MdQI Conference

January 27, 2010

MDE Permits –From Design Office to the Field…and Back!

MDE Permits – From Design Office to the Field

MDE Permits –From Design Office to the Field…and Back!

• Goal of the Session: To discuss the necessity of making field changes and the appropriate procedures to follow in order to keep construction moving forward while maintaining compliance with all environmental stewardship commitments

• Focus: Conventional Design-Bid-Build projects

• Session will NOT address Design-Build

MDE Permits – From Design Office to the Field

Session Outline

• Introductions and Problem Statement

– Overview of current process and issues

• Panel Statements

– Discussion points from MDE, HHD, OED, MTBMA

• Response to Questions from Panelists

• Questions and Answers

• Report out on Priority Items

MDE Permits – From Design Office to the Field

Panel Members• SHA-OED

– Todd Nichols

– Don Hoey

• SHA-HHD

– Karuna Pujara

– Steve Buckley

• MDE

– Ken Pensyl

• MTBMA

– Mike Veid, J.B. Fay Company

• Moderator

– Chris Fronheiser, AECOM

MDE Permits – From Design Office to the Field

Problem Statement and Issues

• Contractors and field personnel are feeling constrained from making field changes due to time and effort required to process (and authorize) the change

• SHA and MDE have standard operating procedures and guidelines in place which must be adhered to in order to protect the natural environment and sensitive features

MDE Permits – From Design Office to the Field

Design Steps to Permit Approval

• New regulations require a 3 stage approval process

• Initial SWM/ESC concept - PI stage or earlier.

• Site Design Approval –Semi final

• Final Approval – Final Review

• Each stage submittal may require several reviews

• Reviews performed by Consultant Reviewers according to SHA set priority.

• Final approval by MDE

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Erosion & Sediment Control Plans

• Critical Elements

– Sequence of Construction

• Needs to be specific and detailed

– Limit of Disturbance

• Anywhere earth is disturbed

– Design and placement of controls

– Borrow, stockpile areas usually need to be identified by contractor and approved by SHA and MDE

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Modifications• Field Changes (subject to MOU and MDE Inspector)

• Modifications – OOC62

– Approval by PE

– Review and process by HHD (point of contact 410-545-8393)

• Ensure plan meets SHA criteria

• Ensure plan is approvable by MDE

» Quality of Submittals vary

– Submit to MDE » HHD coordinates project review priority with MDE

» Large number of pending reviews at any given time

» Turnaround times are generally 1-2 days

» Modifications given highest priority but only if we know of submittal.

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Modification Example - Original

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Modification Example - Revised

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Highway Hydraulics Division

MDE Permits – From Design Office to the Field

Wetland/Waterways Permits

• Process - Avoidance/Minimization & Multi-Agency Coordination

• Changes often times require Multi Agency Coordination

• Commonly requested changes:

– Stream Diversion/Maintenance Of Stream Flow

– Stream Closure Time of Year Waiver requests

– Adding additional riprap to streams

Office of Environmental Design

MDE Permits – From Design Office to the Field

Wetlands/Waterway Permits

• Communication – Permit Modifications take time and should be coordinated EARLY !

– Require revisions to engineering plans

– AMMR still required and considered

– Time frame – expect weeks to months for approvals

Office of Environmental Design

MDE Permits – From Design Office to the Field

Wetlands/Waterways Permits

• Environmental Monitors – On projects with “significant” environmental resources

– “Eyes and Ears” of CORPS/MDE and may or may not be a permit requirement

– Part of the Environmental Compliance Team –

• OOC, District Construction, QA, Design

Office of Environmental Design

MDE Permits – From Design Office to the Field

Quality Assurance = The Compliance Check

• Overview of Quality Assurance role

– Quality Assurance – to independently review and report on a project’s compliance at any one time

– To measure a project with a 100% compliance in mind

Office of Environmental Design

MDE Permits – From Design Office to the Field

• Opportunities to capture within the Quality Assurance program:

– To understand the environmental agenda and it’s intended compliance requirements

– To identify program improvements to forward the environmental commitment

– To encourage communication, teamwork and partnerships

– To bridge gaps between design and construction

Office of Environmental Design

Quality Assurance = The Compliance Check

MDE Permits – From Design Office to the Field

Quality Assurance = The Compliance Check

• Protocol for making field changes:

– Propose an idea, submit a request via OOC62 process, get SHA’s review and approval (at field level),

– If minor(per MOU), seek MDE field representative review and approval.

– If major (per MOU), seek MDE field representative input, seek SHA’s HHD review and approval (as well as any other division/office review and approval), seek MDE (plan review) review and approval.

Office of Environmental Design

MDE Permits – From Design Office to the Field

Quality Assurance = The Compliance Check

• Protocol for making field changes (cont.)

– OOC62 – Is designed for E&S control, however, it serves as a platform for varying environmental requests (because relating issues are usually involved).

Office of Environmental Design

MDE Permits – From Design Office to the Field

Quality Assurance = The Compliance Check

• Common reasons for not approving or delaying a field change:

– Lack of required information

– Incomplete package submittal

– Misdirection of package

– Doing work before it’s approved

• Remember - it is the details that matter!

Office of Environmental Design

MDE Permits – From Design Office to the Field

Contractor Issues and Concerns

• Desire for flexibility in making changes:

– What can be approved same day “in-the-field”

– Define what MDE considers a “minor modification” change and what is a “major modification” change

– Know who the “appropriate approval authority” is for submitting your modifications

MTBMA

MDE Permits – From Design Office to the Field

Contractor Issues and Concerns

• Need to know more at pre-con about what the process is:

– Provide written instructions and standard forms necessary for submitting your modifications

– Know who the “appropriate approval authority” is for submitting your modifications

MTBMA

MDE Permits – From Design Office to the Field

Contractor Issues and Concerns

• Apply the partnering philosophy to improve the process:

– What is the partnering philosophy?

“a process…in which all participants in a project…work to achieve objectives through improved communication and cooperation” (Field Guide

to Partnering on MSHA Projects)

– Use the issue resolution chart for resolving modification requests

MTBMA

MDE Permits – From Design Office to the Field

Contractor Issues and Concerns

• Importance of education for primes & subs:

– Require that all Supervision be certified through MDE/SHA training courses

– Require that all personnel involved with E/S attend the pre-cons and E/S meetings

– Require re-certification of all Supervision on a periodic basis

MTBMA

MDE Permits – From Design Office to the Field

QUESTIONS AND ANSWERS