Chicago‐Milwaukee

Amtrak Hiawatha Service

Draft Environmental Assessment

Appendix H

Wisconsin DNR Initial and Final Project Review

Letters
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES Scott Walker, Governor Southeast Region Headquarters Cathy Stepp, Secretary 2300 N. Dr. Martin Luther King Jr. Dr. Eric Nitschke, Regional Director Milwaukee, WI 53212 Telephone 414-263-8570 

December 23, 2014 

Melanie K. Johnson, P.E. 

Quandel Consultants 

2000 Auburn Drive, Suite 291 

Beachwood, OH 44122 

Subject: DNR Initial Project Review: 

Hiawatha Passenger Rail 

Chicago-Milwaukee Environmental Assessment & Service Development Plan 

Kenosha, Racine and Milwaukee Counties 

Dear Ms. Johnson: 

The Department has received the information you provided for the proposed above-referenced project on 

November 5th, 2014. According to your proposal, the purpose of this project is to increase passenger rail service 

from 7 trips per day to 10 trips per day. Proposed improvements include: 

1.	 A new platform, with elevator towers and overhead walkway, across from the existing General 

Mitchell International Airport Rail Station 

2.	 New signalization equipment at the Muskego Rail Yard (Menomonee Valley, I-43 to 43rd St.). 

Rehabilitation or replacement of deteriorated Muskego Rail Yard bridges over the Menomonee River 

may be added to the signalization project 

3.	 Upgraded signals near the Milwaukee Intermodal Station cut-off point 

Preliminary information has been reviewed by DNR staff for the project under the DOT/DNR Cooperative 

Agreement. Initial comments on the project as proposed are included below and assume that additional 

information will be provided that addresses all resource concerns identified. 

A. Project-Specific Resource Concerns 

Wetlands & Waterways 

There is potential for wetland impacts to occur as a result of this project and therefore wetland impacts must be 

avoided and/or minimized to the greatest extent possible. Unavoidable wetland impacts must be mitigated for in 

accordance with the DOT/DNR Cooperative Agreement and the Wisconsin Department of Transportation 

Wetland Mitigation Banking Technical Guideline. The Department requests information regarding the amount 

and type of unavoidable wetland impacts. 
 

 

 

 

 

 

 

 

 

 

 

 

 

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Endangered Resources (ER) 

Based upon a review of the Natural Heritage Inventory (NHI) and other Department records on December 23, 

2014 no Endangered Resources or suitable habitat that could be impacted by this project are known or likely to 

occur in the project area or its vicinity. 

Fisheries/Stream work 

The Menomonee River is a navigable waterway. In order to protect developing fish eggs and substrate for aquatic 

organisms, all in-stream work that could adversely impact water quality should be undertaken between June 15th 

and February 28th of the calendar year. 

Migratory birds 

Based on the information provided/based on site review, there is evidence of past migratory bird nesting on the 

existing structure. Under the U.S. Migratory Bird Treaty Act, destruction of swallows and other migratory birds 

or their nests is unlawful unless a permit has been obtained from the U.S. Fish & Wildlife Service. Therefore, the 

project should either utilize measures to prevent nesting (e.g., remove unoccupied nests during the non-nesting 

season and install barrier netting prior to May 1), or should occur only between August 30 and May 1 (nonnesting season). (If netting is used, ensure it is properly maintained, then removed as soon as the nesting period is 

over.) If neither of these options is practicable then the U.S. Fish & Wildlife Service must be contacted to apply 

for a depredation permit. 

Invasive species & VHS 

Adequate precautions should be taken to prevent transporting or introducing invasive species via construction 

equipment, as provided under NR 40, Wis. Administrative Code. This website provides further information and 

lists those species classified as Restricted or Prohibited under NR 40: 

http://dnr.wi.gov/topic/Invasives/classification.html 

The Department will work with project managers to help identify specific locations of problem areas across the 

project site and to recommend preventive measures. The following Best Management Practices (BMPs) for 

rights-of-way provide a series of measures that will ensure reasonable precautions are taken throughout the stages 

of construction: http://council.wisconsinforestry.org/invasives/transportation/pdf/ROW-Manual.pdf 

In particular, the following measures will be important for this project: 

http://dnr.wi.gov/topic/fishing/documents/vhs/disinfection_protocols.pdf 

For work involving waterbodies: 

All equipment must be properly cleaned and disinfected to address the spread of invasive species and viruses. 

Special provisions should require contractors to implement the following measures before and after mobilizing inwater equipment to prevent the spread of Viral Hemorrhagic Septicemia (VHS), Zebra Mussel, and other invasive 

species. Follow STSP 107-055 Environmental Protection – Aquatic Exotic Species Control, which includes the 

protocol found here: 

For up to date information on invasive species and infested waters go to 

http://dnr.wi.gov/lakes/invasives/AISByWaterbody.aspx 
 

 

 

 

 

 

 

 

 

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Floodplains 

A determination must be made as to whether the project lies within a mapped/zoned floodplain. In order to meet 

the standards of NR 116, Floodplain Management, a hydraulic and hydrologic analysis must be conducted for the 

100-year flood event for any new structures. Plans for the structure must comply with the provisions of the local 

community's floodplain zoning ordinance. DNR requires submittal of the results of a 100-year flood analysis for 

the structure(s). 

If the new structure(s) will create an increase of 0.01 feet or more in the 100-year backwater condition, DNR 

requires that all affected upstream landowners be notified, appropriate legal arrangements made, and the local 

floodplain ordinance must be amended. For areas lying outside mapped/zoned floodplain, DNR may request the 

results of DOT flow and backwater calculations. 

Other Issues/Unique Features 

Emerald Ash Borer 

This project has the potential for spreading the Emerald Ask Borer (EAB) beetle. It is illegal to move or 

transport ash material, the emerald ash borer, and hardwood debris (i.e. firewood) from EAB quarantined 

areas to a non-quarantined area without a compliance agreement issued by WI Department of Agriculture, 

Trade and Consumer Protection. Regulated items include cut hardwood (non-coniferous) firewood, ash logs, 

ash mulch or bark fragments larger than on inch in diameter, or ash nursery stock (DATCP statute 21). 

For more information regarding the EAB and quarantine areas please follow the links below. 

http://datcpservices.wisconsin.gov/eab/article.jsp?topicid=20 

B. Construction Site Considerations 

The following issues may be addressed in the Special Provisions and the contractor will be required to outline 

their construction methods in the Erosion Control Implementation Plan (ECIP). 

Erosion control/Stormwater 

Erosion control devices should be specified on the construction plans. All disturbed bank areas should be 

adequately protected and restored as soon as feasible. 

An adequate erosion control implementation plan (ECIP) for the project must be developed by the contractor and 

submitted to this office for review at least 14 days prior to the preconstruction conference. 

If erosion mat is used along stream banks, the department recommends that biodegradable and non-netted mat be 

used (e.g., Class I Type A Urban, Class I Type B Urban, or Class II Type C). Long-term netted mats may cause 

animals to become entrapped while moving in and out of the stream. Avoid the use of fine mesh matting that is 

tied or bonded at the mesh intersection such that the openings in the mesh are fixed in size. 

Structure removal/Bridge demolition 
 

 

 

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Due to the characteristics of this section of the Menomonee River, STSP 203-020, Removing Old Structure Over 

Waterway With Minimal Debris, will be adequate for this project. Please coordinate with DNR early in the design 

phase of the project if the bridge must be dropped into the waterway before removal. 

Asbestos 

A Notification of Demolition and/or Renovation and Application for Permit Exemption, DNR form 4500-113 

(NR 406, 410, and 447 Wis. Adm. Code) may be required. Please refer to DOT FDM 21-35-45 and the DNR’s 

notification requirements web page: http://dnr.wi.gov/topic/Demo/Asbestos.html for further guidance on asbestos 

inspections and notifications. Contact Mark Davis, Air Management Specialist 608-266-3658, with questions on 

the form. The DNR’s online notification system is available at http://dnr.wi.gov/topic/Demo/Asbestos.html . The 

notification must be submitted 10 working days in advance of demolition projects. 

The above comments represent the Department’s initial concerns for the proposed project and do not constitute 

final concurrence. Final concurrence will be granted after review of plans and further consultation if necessary. 

If any of the concerns or information provided in this letter requires further clarification, please contact this office 

414.881.5633. 

Sincerely, 

Kristina Betzold 

Environmental Analysis & Review Specialist 

Southeast Region 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State of Wisconsin 

DEPARTMENT OF NATURAL RESOURCES Scott Walker, Governor Southeast Region Headquarters Cathy Stepp, Secretary 2300 N. Dr. Martin Luther King Jr. Dr. Eric Nitschke, Regional Director Milwaukee, WI 53212 Telephone 414-263-8570 

January 12, 2016 

Melanie K. Johnson, P.E. 

Quandel Consultants 

2000 Auburn Drive, Suite 291 

Beachwood, OH 44122 

Subject: DNR Review on Findings of Environmental Assessment: 

Hiawatha Passenger Rail 

Chicago-Milwaukee Environmental Assessment & Service Development Plan 

Kenosha, Racine and Milwaukee Counties 

Dear Ms. Johnson: 

The Department has received the information you provided for the proposed above-referenced project on 

November 5th, 2014. According to your proposal, the purpose of this project is to increase passenger rail service 

from 7 trips per day to 10 trips per day. Proposed improvements include: 

1.	 A new platform, with elevator towers and overhead walkway, across from the existing General 

Mitchell International Airport Rail Station 

2.	 New signalization equipment at the Muskego Rail Yard (Menomonee Valley, I-43 to 43rd St.). 

Rehabilitation or replacement of deteriorated Muskego Rail Yard bridges over the Menomonee River 

may be added to the signalization project 

3.	 Upgraded signals near the Milwaukee Intermodal Station cut-off point 

The Department provided comments on December 23, 2014, and further coordination has addressed these 

comments and concerns. The Department has no further comments on the content of the Environmental 

Assessment at this time, but will circulate the EA for staff review during the public comment period. 

Comments addressed through the review process represent the Department’s overall project concerns and do not 

constitute final concurrence, permitting or approvals needed for project construction. If any of the concerns or 

information provided in this letter requires further clarification, please contact this office 414.881.5633. 

Sincerely, 

Kristina Betzold 

Environmental Analysis & Review Specialist 

Southeast Region 
 

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