WI DNR Allows Road-Building Concrete Plant Operations On Public Land

In the era of Wrong-Way Walker, the combo of WisDOT + WI DNR is going to = trashed public resources.

The site is former Milwaukee County Grounds public space now altered, through a behind-closed-doors' two-agency deal into a concrete-crushing, warehousing, trucking, machining yard.

Through the end of Zoo Interchange construction 12/31/2018.

This is what a far smaller project left part of the area looking like last year. Remember this posting, a year ago, with photos by Paul Trotter?

Paul Trotter photo

The document reproduction below isn't the greatest, but you'll get the drift:

Highlights - - Lowlights:

WisDOT and WDNR agree as follows: 2013/2014 Use (Current) WDNR currently allows WisDOT to use The Site for equipment and material storage commenced in November of 2012 and continuing through completion of the construction of the City of Wauwatosa - Swan Boulevard roundabout project - WisDOT Project J.D. 1060-33-94, currently programmed for 2015 calendar year construction. Examples of equipment and material currently at The Site include: steel piling, stockpiled aggregates, reinforcing steel, signs

and supports, conduits, fixtures, landscaping materials, motorized construction equipment,

cranes, trucks, trailers, all items typically utilized during the construction of transportation improvement projects. Current use does not extend to recycling concrete, producing aggre~ates, or concrete batch plant operations.

WisDOT and WDNR desire to expand the use of The Site to include additional items including concrete recycling (crushing), production of aggregates, and concrete batch plant operations, all necessary for the construction of the Project.

As consideration for the expanded use, WisDOT agrees to provide and pay for design,

oversight, engineering, and construction of a new entrance driveway to the Forestry Parcel as

d part of the Swan Roundabout project (Exhibit B). T"'is work will include removal and restoration

of the eXisting driveway and storage site and landscaping of slopes disturbed with driveway construction including standard tree planting, consistent with the Swan Roundabout landscaping plans. WisDOT Engineering estimate forWDNR Forestry Drive construction is $290,000.

2014-2017 Expanded Use WDNR allows WisDOT to use The Site, a minimum 5 acre contiguous parcel (See Exhibit A), for equipment and material storage, material recycling(Crushing), aggregate production, and concrete batch plant operations beginning October 1, 2014, through completion of the construction of Zoo Interchange Core Construction projects, WisDOT Project I.D.(s) 1060-33- 80, 1060-33-81. Core construction is anticipated to be completed at the end of 2018. . Contingent upon actual contractor use beyond material and equipment storage (eg. material recycling/crushing, aggregate production, concrete batch plant operations....)

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Memorandum of Understanding

Between

THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES,

and

THE WISCONSIN DEPARTMENT OF TRANSPORTATION

This Memorandum of Understanding (MOU} between the Wisconsin Department of

Transportation (WisDOT} and the Wisconsin Department of Natural Resources (WDNR)

summarizes the agreements of the parties regarding WisDOT exchange committed to WDNR

for use of WDNR lands (ie. WDNR Forestry Parcel - "The Site") (Exhibit A), during the

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reconstruction of the Zoo Interchange. WisDOT and WDNR are sometimes referred to herein individually as a "Party" and collectively as the "Parties". This MOU is dated and effective as of July, 25, 2014. (the Effective Date).

The reconstruction of the Zoo Interchange is generally described as 124'h Street on the west, 70th Street on the east, Burleigh Street on the north, and Lincoln Avenue on the south, that includes interchanges at STH 100, Greenfield Avenue, 84th Street, Bluemound Road, Wisconsin Avenue, Watertown Plank Road, Swan Boulevard, and North Avenue (the Project).

WisDOT is authorized to undertake the Project and to reconstruct the Zoo Interchange pursuant to the various state and federal laws for highway construction including Wis. Stats. Chapter 84. The Site will be used for the construction of the Project and is within the Project limits.

The Zoo interchange, which includes the intersection of 1-894/1-94/USH 45, carries more than 340,000 vehicles each day. The interchange serves interstate, regional, and local transportation stakeholders. When complete. the project will be the largest public works project completed by the State of Wisconsin.

Adjacent stakeholders include the Mifwaukee Regional Medical Center (Children's Hospital of Wisconsin. Medical College of Wisconsin, Blood Center of Wisconsin, Milwaukee County Behavioral Health. Curative Care Network, Froedtert Hospital) Milwaukee County Research Park, UWM Innovation Campus, Milwaukee County Parks, Milwaukee County Children's Court, Milwaukee County Zoo, Wisconsin State Fair Park, Pettit National Ice Center, Wisconsin lutheran College, WDNR State Forest lands. the Milwaukee County Grounds, and the Cities of Wauwatosa, Milwaukee, and West Allis - including residential and commercial stakeholders.

This MOU for use will: • assist in implementing proposed WDNR improvements for public access to, and

maintaining, WDNR Forestry Parcel. • result in lower let contract costs to the state of Wisconsin for Zoo lIe construction due to

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reduced hauling distance, reduced fuel costs, reduced mobilization cost, and reduced

time getting to/from active construction while navigating through traffic. • resul1 in reduced C02 emissions and will also promote traffic mobility on USH 45/1-94/1-

894 during Zoo I/C construction. Near site staging will reduce hauling distance and reduce time in traffic (ie. reduced trucks on approach roadways assists in delivering goods/services/people to their destination during reduced capacity)

• reducl;! impact on roads - including local roads. WisDOT contractors will have near direct access to USH 45 via Swan Blvd. and the nearby, newly constructed, Watertown Plank Rd. interchange.

• locate equipment and material stockpile, concrete batch plant, and concrete recycling away from other department right of way sites which are adjacent to residential and commercial uses and more sensitive areas of the former county Grounds. Alternate department right-of-way sites and department owned lands are 150 to 200 ft away from

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residential locations and adjacent to commercial or institutional uses, or include sensitivity t<;l natural resources (The Monarch Trail). The WDNR land is more remote being 0.4 miles from the nearest residential property. reduce local residential noise impacts during Zoo Interchange construction. respect nearby recreational uses and natural areas. Contractor use would be in compliance with WDNR air, water, waste, land, and endangered species regulations and applicable permits. include restoration of site to WDNR standards. help efficiently applying contractor available resources (ie. getting materials, and equipment efficiently to/from construction sites). Night operations are required for bridge demolition, all bridge deck pours, and compJex traffic stage changes. Near site staging is critical to accomplish those activities within restricted night time freeway closure hours. Increased efficiency during night work will reduce the number of overnight freeway closures and the potential for extended hour freeway closures, with benefits extended to

traffic and construction safety.

For and in consideration of the following terms and conditions, WisDOT and WDNR agree as follows: 2013/2014 Use (Current) WDNR currently allows WisDOT to use The Site for equipment and material storage commenced in November of 2012 and continuing through completion of the construction of the City of Wauwatosa - Swan Boulevard roundabout project - WisDOT Project J.D. 1060-33-94, currently programmed for 2015 calendar year construction. Examples of equipment and material currently at The Site include: steel piling, stockpiled aggregates, reinforcing steel, signs

and supports, conduits, fixtures, landscaping materials, motorized construction equipment,

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cranes, trucks, trailers, all items typically utilized during the construction of transportation improvement projects. Current use does not extend to recycling concrete, producing aggre~ates, or concrete batch plant operations.

WisDOT and WDNR desire to expand the use of The Site to include additional items including concrete recycling (crushing), production of aggregates, and concrete batch plant operations, all necessary for the construction of the Project.

As consideration for the expanded use, WisDOT agrees to provide and pay for design,

oversight, engineering, and construction of a new entrance driveway to the Forestry Parcel as

d part of the Swan Roundabout project (Exhibit B). T"'is work will include removal and restoration

of the eXisting driveway and storage site and landscaping of slopes disturbed with driveway construction including standard tree planting, consistent with the Swan Roundabout landscaping plans. WisDOT Engineering estimate forWDNR Forestry Drive construction is $290,000.

2014-2017 Expanded Use WDNR allows WisDOT to use The Site, a minimum 5 acre contiguous parcel (See Exhibit A), for equipment and material storage, material recycling(Crushing), aggregate production, and concrete batch plant operations beginning October 1, 2014, through completion of the construction of Zoo Interchange Core Construction projects, WisDOT Project I.D.(s) 1060-33- 80, 1060-33-81. Core construction is anticipated to be completed at the end of 2018. . Contingent upon actual contractor use beyond material and equipment storage (eg. material recycling/crushing, aggregate production, concrete batch plant operations....), WisDOT agrees to provide up to $300,000 towards improvements for public access which includes:

1) Engineering services

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2) Infrastructure improvements - grading, landscaping, parking lots, trails, water service, wayfin~ingtrailsign(s),andotherimprovementsasagreedtobythe Parties.

3) Funding for other on-site public access improvements

This MOU shall terminate on December 31, 2018. Upon mutual agreement of WisDOT and WDNR, this MOU may be extended for continued use of the Site. WisOOT will fence The Sfle during use and establish erosion controls as necessary and approved by WDNR.

WisDOT will to provide contractor detailed propo$ed"use plans for review by and discussion with WONR including:

• Site preparation • Location of activities • Hours of operation for each activity • Ingress/Egress • DNR compliance of Air, Water, Waste, Land and Endangered Species

regulations including copies of any applicable permits • Site maintenance • Proposed site restoration

Plan approval resides solely with WisDOT. WisOOT and WDNR agree to follow the established WisDOT-WDNR Cooperative Agreement. WOOT shall require that its Contractors hold harmless and indemnify the State of Wisconsin for all activities and use of The Site by the Contractors. This includes, but is not limited to the Contractor's disposal, storage and removal of waste materials, the presence of equipment and any structures located on and over The Site. The WDNR shall be named an additional insured to the Owner Control/ed Insurance Program's general liability policy covering WOOT and Contractors for the Zoo Interchange, with comprehensive property damage, bodily injury, death 

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& disability coverage of at least $1,000,000 per occurrence. WDOT shall provide WDNR with a certificate of insurance reflecting this coverage.

The WbNR shall not be responsible or liable for any Contractor's failure to obtain and comply wIth applicable federal, state and local permits, plans, approvals and licenses.

All erosion and dust control measures must receive prior written approval of the WDNR. WDOT and its Contractors shall reclaim and restore The Site and other impacted areas to the satisfaction of the WDNR. All site surfaces not planned for future infrastructure will have the gravel needed for WDOT operations removed, compacted soil plowed, and one foot of topsoil spread on the site and planted with perennial rye grass. \I,\IOOT and I1s contractors will utilize. as

·b much as practical, alilrees cut on the property as either lumber or firewood.

WDOT shall construct and maintain a fence of sufficient size and materials to minimize trespassing and post signs alerting the public of the Site.

WOOT shall appoint or designate a spokesperson or !ocal contact person to orally or in writing represent the interests and needs of WDOT when issues, concerns and questions arise including media and public inquiries and complaints relating directly or indirectly to the construction of the Zoo interchange, the use and occupancy of WDNR property and the proposed enhancements and improvements contemplated for The Site,

WisDOT shall not be responsible for the cost of any site improvements not associated with this MOU.

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The construction schedule of improvements on The Site is tied to the schedule of the City of

Wauwatosa - Swan Boulevard roundabout project - WisDOT Project t.D. 1060-33-94.

Contingent upon actual contractor use beyond material and equipment storage, it is anticipated

that itn'provements on The Site would be constructed concurrently with WisDOT Project I.D. \,

1060-33-94 in calendar year 2019.

The conceptual site plan for the Forest Exploration Center (Exhibit C) is a draft and subject to change. WDNR will engage architects and landscape designers to develop the final plan for the Site and will have several years to finalize this plan prior to the time DOT will vacate the Site.

,'11' Datedthis~dayofVA\ft4<.'J ,2014 .,

Dated this

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day of _:=Jc.:;.-cG:..;\~L\lr-_,2014 J

Wisconsin Resources

Department

of Natural

Wisconsin Department of Transportation WisDOT/WDNR Forestrv Parcel MOU (Julie. 2014)

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WISCONSIN DEPARTMENT OF TRANSPORTAnON

By

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I .AA7------ allace, Southeast Region Director

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By: 7JII~) , ,:-U~\" I

Matt Moro'ney, Deputy Secretary ~