01_99_90_Exhibit_A.pdf

Exhibit A

Soil Disposal Agreement

This agreement establishes the conditions and costs for which impacted soil/sediment excavated from Underwood Creek are transported and placed at the SWP Properties, LLC (SWP) site.

Background The Milwaukee Metropolitan Sewerage District (MMSD) through funding provide by the Army Corp of Engineers, is removing 4,400 lineal feet of concrete from Underwood Creek in Wauwatosa. As part of the project, an estimated 53,000 cubic yards of low level impacted soil/sediment to be excavated from the Underwood Creek project area are proposed for transport and placement at the SWP site. Prior to placement at the SWP site, Sigma has secured the necessary Wisconsin Department of Natural Resources (WDNR) written approval of the transport and placement of the impacted soil at the SWP site. Specifically, Sigma, on behalf of SWP and MMSD, prepared a ch. NR 718.12 and a Low Hazard Waste Grant of Exemption request to place the soil/sediment excavated from Underwood Creek at the SWP site. The request was granted on March 25, 2016. A copy of the approval is presented in “Underwood Creek Rehabilitation and Flood Management Project, Wauwatosa, Wisconsin Conditional Low Hazard Waste Grant of Exemption ands. NR 718.12 Soil Management Plan Grant of Exemption for Disposal of Dredged Material at the Lakefield Sand and Gravel Property, 7003 West Good Hope Road, Milwaukee, Wisconsin, WDNR BRRTS No 02-41-548828”.

Excavation, Transportation and Placement of the Soil/Sediment The excavation and transportation of the impacted soil/sediment will be coordinated and completed as part of the project activities. It is required that a minimum of one day notice be given to ensure that personnel are available to accept and place the soil at the SWP property.

Each truck will be required to receive a manifest ticket, from Sigma personnel as it leaves the Underwood Creek excavation area and must be able to provide the ticket to a Sigma representative at the SWP site prior to authorization to place the soil/sediment. Trucks failing to provide a manifest will not be allowed entry to place the load of soil/sediment at SWP.

Tipping Fees The tipping fees are as follows:

o Tipping Fee: $14.25/cubic yard

Invoicing during project activities will be based on quantities determined by the number of trucks transporting soil to SWP with the assumption that each quad axel truck carries 13 cubic yards per load. Only quad axel trucks will be permitted entry to SWP. The cost for placement of the soil at the SWP site is included in the tipping fee.

Terms of Acceptance The placement of the Underwood Creek soil at the SWP site is contingent on the following:

The soil conditions meet the conditions required by the WDNR in the approval request and acceptance.

Weather conditions: SWP reserves the right to cease acceptance and placement operations based on weather conditions.

Underwood Creek – Exhibit A

C:\Users\h7ppmpap\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\G4BXN8J6\Exhibit A (003).docx

The hours of operation at the SWP site are 7:00 am to 5:00 pm Monday through Friday.

Closure of the SWP site, as a result of activities at the adjacent Uihlein Soccer fields, or other reasons as determined by SWP personnel will be communicated as soon as practical. The SWP site will be closed the Thursday and Friday of the WIAA Boys’ and Girls’ soccer tournaments. The Boys’ 2016 soccer tournament schedule is November 3, 4 and 5. The 2017 Girls’ soccer tournament schedule is June 16, 17 and 18. The Boys’ 2017 fall soccer tournament dates are yet to be published.

SWP reserves the right to refuse any load of material that arrives on-site without a manifest, is not representative of the soil approved for disposal, and/or contains material which cannot be disposed of at the property.

Unacceptable material delivered to the SWP site will be removed and properly disposed of at the cost of the Contractor.

Please note that WDNR required documentation of the acceptance, placement, proper capping and continuing obligations of the imported soil is the responsibility of SWP Properties, LLC and will be completed by SWP representatives.

I accept the terms of this agreement:

By: By:

Title: Title:

Date: Date:

Company: Company:

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

Miiwaukee Headquarters 2300 North Martin Luther King Drive Milwaukee, WI 53212

March 25, 2016

Ms. Rebecca Specht, P.E., Senior Project Manager Milwaukee Metropolitan Sewerage District 260 W. Seeboth Street Milwaukee, WI 53204

Mr. David Scherzer SWP Properties, LLC 1300 W. Canal Street Milwaukee, WI 53233

Scott Walker, Governor Cathy Stepp, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463

TTY Access via relay- 711

FID# 341258940 (Generating Site)

FID # 241377070 (Receiving Site) Milwaukee County

SW/CORR

Subject: Underwood Creek Rehabilitation and Flood Management Project, Wauwatosa, Wisconsin Conditional Low Hazard Waste Grant of Exemption ands. NR 718.12 Soil Management Plan Grant of Exemption for Disposal of Dredged Material at the Lakefield Sand and Gravel Property, 7003 West Good Hope Road, Milwaukee, Wisconsin, WDNR BRRTS No 02-41-548828

Dear Ms. Specht and Mr. Scherzer:

The Department has completed our review of your request for low hazard waste exemption in accordance withs.

289.43(8), Stats. Based on our review the proposed activity is not likely to cause environmental contamination or endanger human health and welfare, provided that the project is carried out in accordance with the proposed plan and conditions of the approval. Thus your request is hereby approved.

The SIGMA Group submitted a Low Hazard Exemption and NR 718.12 Soil Management Approval request on behalf of the Milwaukee Metropolitan Sewerage District (MMSD) on February 22, 2016. The MMSD is planning to improve a section of the Underwood Creek channel in Wauwatosa. The proposed creek restoration includes the removal of the existing concrete liner, re-grading of the adjacent creek banks (except beneath Highway 45) and reconstruction of portions of the project area with wetlands. As part of this work dredged material and excess soils will need to be managed off site. The MMSD proposes to place the dredged material and excess soil on the Lakefield Sand and Gravel site that is located at 7003 West Good Hope Avenue, Milwaukee. The Department believes that if the contaminated material is compacted properly, graded to suitable slopes, covered with clean soil and vegetated, it should be protected from exposure and erosion and any users of the property should be protected from direct contact with contaminants and the contaminated soils will not be a threat to other protected resources.

If you have any questions regarding this grant of exemption, please contact Gerald DeMers at 414-263-8594 or by e-mail at gerald.demers@wisconsin.gov dnr.wi.gov wi sconsin.gov Naturally WISCONSIN

Ms. Rebecca Specht and Mr. David Scherzer March 25, 2016 Page2

Sincerely, ~ VV\'- }..{ v <-A._

Cynthia Moore, Supervisor Waste and Material Management Program, Southeast Region

Cc: Gerald DeMers- DNR SER Kristin Kurza, The Sigma Group Binyoti Amungwnfor- DNR SER Nancy Ryan- DNR SER Heidi Jasso - DNR SER

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BEFORE THE

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

CONDITIONAL LOW HAZARD WASTE GRANT OF EXEMPTION

FOR THE PLACEMENT OF SOLID WASTE

ON A PROPERTY LOCATED AT 7003 WEST GOOD HOPE ROAD

IN THE CITY OF MILWAUKEE

FINDINGS OF FACT

The Department of Natural Resources (Department) finds that:

1. SWP Properties, LLC owns the former Lakefield Sand and Gravel site, located at 7003 West Good Hope Road in the City of Milwaukee. The location of this property is:

• SE '14 of the NW 1t4 of Section 22, Township 7 North, Range 21 East; City of Milwaukee, Milwaukee County, State of Wisconsin.

2. The Milwaukee Metropolitan Sewerage District (MMSD) is planning to restore a~ - mile section of Underwood Creek startingjust west of the Highway 45 crossing east downstream to the point at which the creek joins the Menomonee River, adjacent to Hansen Golf Course in the City of Wauwatosa.

3. Dredging Underwood Creek and adjacent upland soils will generate excess soil and dredged material that needs to be disposed of offsite. Some of these materials and soils contain relatively low concentrations of heavy metals, polychlorinated biphenols (PCBs) and polycyclic aromatic hydrocarbons (PAHs) from historic industrial discharges to the river. Dredged material and the excess soils are considered to be solid waste as defined bys. 289.01 (33), Stats.

4. The MMSD is requesting that approximately 39,000 cubic yards of dredged material and excess soil generated at the site be placed on the former Lakefield Sand and Gravel property.

5. The Sigma Group, on behalf of the MMSD, submitted a request for exemption on February 22, 2016, which was received by the Department on February 24, 2016. The document requested approval for placement of dredged material and excess soils at the Lakefield Sand and Gravel property.

6. The plan review fee of $700, which is required for review of a NR 718.12 soil management approval, was received with the February 22, 2016 request for exemption.

7. In addition to the February 22, 2016 exemption request, documents considered in the exemption request include the following:

a. "Phase II Environmental Site Assessment, Underwood Creek Rehabilitation and Flood management Project, Wauwatosa, Wisconsin," dated December 2005 and prepared for the MMSD by GeoTrans, Inc.

b. "Update to Phase II Environmental Site Assessment, Underwood Creek Rehabilitation and Flood Management Project Phase I Design, Wauwatosa, Wisconsin" dated February 2008 and prepared for the MMSD by Short Elliot Hendrickson, Inc.

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c. A March 6, 2015 letter from Gerald DeMers of the Department to Becky Specht indicating that the materials excavated from Underwood Creek may be eligible for a low hazard exemption.

d. A July 6, 2015 letter from Kristin Kurza and Randy Boness of the SIGMA Group requesting approval of a sampling plan to characterize soils originating from Underwood Creek.

e. A December 1, 2015 Draft Low Hazard Exemption request from the SIGMA Group.

f. A March 8, 2016 memorandum from Binyoti Amunwafor to Gerald DeMers approving the placement of an estimated 39,000 cubic yards of materials from Underwood Creek at the Lakefield Sand and Gravel site.

8. Additional facts relevant to the review of the request for grant of exemption include the following:

a. A portion of the channel materials and upland soils contain low concentrations of PAHs, arsenic, lead and PCBs. Pre-removal contaminant concentration data are listed in the documentation of the site investigation. Historically. post-removal concentrations of contaminants in soil and dredged material are lower due to mixing and dilution.

b. Surface protection by soil cover and vegetation at the disposal site is proposed to prevent exposure and direct contact between the contaminated soils and any users of the property and to prevent erosion to surface water and other protected resources. The identified contaminants adhere strongly to soil particles and generally are expected to be contained if the excess soil and dredged material are contained.

c. The residual contaminants of concern in the dredged material and excess soils are low in leaching potential and the organic materials are subject to slow degradation over time.

d. The dredged material and excess soils can be excavated, hauled, placed, and compacted using conventional earthwork construction practices.

9. The proposed disposal site complies with the following locational criteria ofNR 7 I 8. I 2(c), Wis. Adm.

Code, in that it is not:

a. Within a floodplain - the property is not within a floodplain.

b. Within 100 feet of any wetland or critical habitat area- A wetland has been identified at the receiving site, but no soils will be placed within 100 feet of it. Based on past and present uses, the site is not a critical habitat area.

c. Within 100 feet of any on-site water supply well or 300 feet of any off-site water supply well

Drinking water in the City of Milwaukee is supplied from Lake Michigan by the City, and there are no drinking water wells in the vicinity of the site.

d. Within 3 feet of the high groundwater level- Materials will be placed at least 8 feet above the measured water table.

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The Department hereby grants the requested low hazard waste exemption, as authorized bys. 289.43(8), Stats., to allow the MMSD to place dredged material and excess soils from Underwood Creek at the former Lakefield Sand and Gravel site:

General:

1. Placement of excess soils and dredged materials at the disposal site and originating from Underwood Creek under this exemption shall be completed within 2 years of the effective date of this exemption.

2. A licensed solid waste hauler shall be used for transporting excess soils and dredged materials on public roads from the generating site to the disposal site.

3. This exemption is limited to the excess soils and dredged materials generated from excavations at the generating.$ite as characterized in the February 22, 2016 request. Excess soils and dredged materials that are not consistent with the contaminant characteristics that have been reported to the Department for the generating site shall be segregated and disposed at a licensed landfill.

4. Failure to maintain compliance with applicable laws, rules, regulations and terms and conditions of this exemption, for any reason, may be subject to statutory enforcement procedures to maintain compliance with this exemption.

The Milwaukee Metropolitan Sewerage District

1. The MMSD shall submit a letter-form report to the Department 60 days after the completion of the project.

The report shall include start and end dates of the project and an estimate of the amount of excess soils and dredged material transported to the former Lakefield Sand and Gravel site and tonnage disposed at a licensed landfill, if any.

Former Lakefield Sand and Gravel Site:

1. Any disposal activities at the former Lakefield Sand and Gravel site shall be conducted in a manner that would not result in any of the following:

a. Pose a threat to public health, safety, or welfare or the environment.

b. Cause or exacerbate an attainment or exceedance of any preventative action limit or enforcement standard at any applicable point of standards application as defined in ch. NR 140, Wis. Adm. Code.

c. Cause a violation of surface water quality standards in chs. NR 102 to 106, Wis. Adm. Code.

d. Cause a violation of air quality standards contained in chs. NR 400 to 499, Wis. Adm. Code.

e. Cause a vapor action level in indoor air to be attained or exceeded.

2. This exemption shall be limited to disposal of no more than 40,000 cubic yards of excess soils and dredged materials from Underwood Creek unless approved by the department.

e. At a depth greater than the depth of the original excavation from which the contaminated soil was removed- Not applicable because the disposal site is different than the generating site.

f. Where the contaminated soil poses a threat to public health, safety, or welfare or the environment

The dredged material and excess soils do not pose a risk of leaching contaminants to groundwater, and will be prevented from direct contact by a cap that will be maintained.

10. A public meeting was held on March 22, 2016 at the MMSD office located at 260 W. See both Street, City of Milwaukee for placement of the same materials on this property. Comments were accepted by the DNR through March 24, 2016. No comment was received from the public for this project.

11 . The conditions set forth in this grant of exemption are necessary to assure protection of the environment and to prevent contamination of surface water. lf the conditions are complied with, the proposed exemption will not inhibit compliance with the applicable provisions of ch. 30, 3 l, 160, and 280 to 299, and ss. l. 1 1, 23.40, 59.692, 59.693, 60.627, 61.351 , 61.354, 62.231, 62.234, and 87.30, Stats.

CONCLUSIONS OF LAW

L In accordance with the definition of"solid waste" in section 289.01(33), Stats., excess soil and dredged material that are considered to be discarded are solid waste.

2. Based on the foregoing, the Department has the authority under s. 289.43(8), Stats., and ss. NR 500.08(5), Wis. Adm. Code, to issue a grant of exemption if the exemption would not inhibit compliance with the applicable provisions of ch. 30, 31, 160, and 280 to 299, and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351 , 61.354, 62.231, 62.234, and 87.30, Stats.

3 . The Department has authority to approve a grant of exemption with conditions if the conditions are needed to ensure compliance with the applicable provisions of ch. 30, 31, 160, and 280 to 299, and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234, and 87.30, Stats.

4. The conditions set forth below are needed to ensure compliance with the applicable provisions of ch. 30, 31 , 160, and 280 to 299, and ss. 1.11, 23.40, 59.692, 59.693, 60.627, 61.35 1, 61.354, 62.231, 62.234, and 87.30, Stats.

5. In accordance with the foregoing, the Department has the authority under s. 289.43(8), Stats., and NR 500.08(5), Wis. Adm. Code, to issue the following conditional grant of exemption.

CONDITIONAL GRANT OF EXEMPTION

A pond is present within 100 feet of the property line of the disposal site. The Department hereby grants an exemption for this site from the locational criterion ofNR 718.12( 1 ){ c )3, Wis. Adm Code.

.. c t ~

March 25, 2016

3. Access to the fonner Lakefield Sand and Gravel site shall be controlled to prevent unauthorized disposal.

4. Excess soils and dredged material disposed at the fonner Lakefield Sand and Gravel site shall not be re excavated or removed from the site without the Department's prior written approval.

This grant of exemption is based on the infonnation available to the Department as of the date of approval. If additional infonnation, project changes or other circumstances indicate a possible need to modify this exemption, the Department may ask that further infonnation relating to this activity be provided. Likewise, the Department accepts proposals to modify exemptions, as provided for in state statutes and administrative codes. Unless specifically noted, the conditions of this grant of exemption do not supersede or replace any previous conditions of approval for these two properties.

NOTICE OF APPEAL RIGHTS

If you believe you have a right to challenge this decision made by the Department. you should know that Wisconsin statutes and administrative codes establish time periods and requirements for reviewing Department decisions.

To seek judicial review of the Department's decision, sections 227.52 and 227.53, Stats., establish criteria for filing a petition for judicial review. You have 30 days after the decision is mailed or otherwise served by the Department to file your petition with the appropriate circuit court and serve the petition on the Department. The petition shall name the Department of Natural Resources as the respondent.

Dated: M of ck li"; .1~ I lP

DEPARTMENT OF NATURAL RESOURCES

For the Secretary

Waste and Materials Management Program, Southeast Region

Gerald L. DeMers, P.E., Environmental Engineer Waste and Materials Management Program, Southeast Region