Environmental Assessment Chippewa Valley Technical College West Campus Land Acquisition Lyden Avenue Parcels Eau Claire, Wisconsin

Prepared for:

Wisconsin Technical College System Board Chippewa Valley Technical College

October 2020

Contents Page No. Introduction 1 Description of Proposed Action and Site Location 1 Schedule of Proposed Action and Funding 2 Purpose and Need 2 Description of Factors Affected in Human Environment 2 Primary and Secondary Environmental Effects 3 Vegetation 3 Fish and Wildlife 3 Threatened and Endangered Resources 3 Surface Water, Wetlands and Storm Water 3 Topography 3 Soils 3 Groundwater 4 Air Pollutant and Visible Emissions 4 Utilities 4 Hazardous Materials 4 Alternatives to Proposed Action 4 Alternative 1—Purchase property at alternate location 4 Alternative 2—No Action 4 List of Agencies Notified 4 Evaluation Section 5 Irreversible Environmental Effects 5 Stimulation of Secondary (Indirect) Effects 5 Creation of New Environmental Effects 5 Impacts on Geographically Scarce Environmental Features 5 Precedent-Setting Nature of the Action 5 Significant Controversy 5 Conflicts with Official Agency Plans or Policy (Local, Regional, State, or National) 5 Cumulative Impacts of Repeated Actions of this Type 5 Irrevocable Foreclosure of Future Options 5 Recommendation 5 Public Comment Period 5

Attachments

Figure 1 Regional Site Location Map Figure 2 Campus Location Map Figure 3 Certified Survey Map

Appendix A Wisconsin Administrative Code TCS 12 Appendix B Site Photographs Appendix C Endangered Resource Preliminary Assessment Appendix D Phase 1 Executive Summary Appendix E Agency Notifications Appendix F Preliminary Determination Letter Appendix G Public Comment Notification

Introduction

The Chippewa Valley Technical College (CVTC), headquartered in Eau Claire, Wisconsin, proposes to purchase 9.2 acres of property located adjacent to and north of its West Campus located near 4000 Campus Road in Eau Claire, Wisconsin. The Wisconsin Technical College System (WTCS) Board, based in Madison, Wisconsin, is responsible for issuing final approval to CVTC for this proposed action. This action requires a Type II Action Environmental Assessment (EA) that follows the Wisconsin Administrative Code Chapter TCS 12, Wisconsin Environmental Policy Act procedures. Following a public comment period, the WTCS Board will use the results of the EA to determine if an Environmental Impact Statement (EIS) is required for this project, or if the project can proceed without further environmental assessment. See Appendix A

Description of Proposed Action and Site Location

Location The property is located adjacent to the CVTC Eau Claire West Campus located north and west of the downtown area of the City of Eau Claire, Wisconsin. The West Campus is located southwest of the intersection of State Highway 312 (North Crossing) and US Highway 12 (Clairemont Avenue). The campus is bounded to the south by private property including residential and commercial properties, to the west by the Wild Ridge and Mill Run Golf Course, to the north by State Highway 312, and to the east by US Highway 12 and other commercial structures. See Figures 1, 2, 3 for mapped locations. See Appendix B for site photos. Figure 1: Regional Site Location Map Figure 2: Campus Location Map Figure 3: Certified Survey Map The proposed property is adjacent to CVTC’s Energy Education Center and the planned Transportation Education Center. CVTC’s West Campus includes the Energy Education Center, Emergency Service Education Center, Fire Safety Center, Fire Training Tower and Burn Building, Truck Driver Training ranges, greenhouses, a wind turbine, training props and several paved areas used for staging and parking for students and staff. A City of Eau Claire fire station is located adjacent to the Emergency Services Education Center.

Schedule of Proposed Action and Funding

The proposed schedule for this project is as follows:

Task Completion Date

Phase 1 Study September 2020

Appraisal September 2020

Environmental Assessment October 2020

CVTC Board Resolution December 2020

WTCS Approval January 2021

Closing February 2021

Purchase will be funded by a referendum which was approved by voters on April 7, 2020.

Purpose and Need

The purpose of this proposal is to acquire 9.2 acres of property adjacent to CVTC’s West Campus. CVTC currently owns approximately 158 acres directly south of this property. These parcels are located along Highway 312. This property will be developed into a defined front entrance to CVTC’s West Campus, creating a college identity on the west side of Eau Claire. Aesthetic improvements will include signage and landscaping. A new Transportation Education Center is planned for current CVTC property located directly south of this property and west of the Energy Education Center.

Description of Factors Affected in Human Environment

There are currently no plans to construct new structures on this property so no physical impact is anticipated to any of the following human environmental factors with the exception of improvements to landscaping, minimal grading, plantings and signage.

• Greenspace • Program and Equipment Relocation • Adjacent Properties • Traffic and Parking

Primary and Secondary Environmental Effects

There are currently no plans to construct new structures on this property so no significant physical impact is anticipated to any of the following human environmental factors with the exception of improvements to landscape related to development of a main campus entry and signage.

Vegetation Landscaping improvements will impact current vegetation. Although designs are not currently developed, the intent would be to remain consistent with plantings and designs similar to the Energy Education Center site. Vegetation may include native plants, shrubs, trees, natural, ornamental and mowed grasses.

Fish and Wildlife The wildlife present in the area consists of Passeriformes (perching birds), birds of prey, white tail deer (Odocoileus virginians), and small rodents.

No fishery resources are on, or immediately adjacent to, the property. The nearest fishery resource is the Chippewa River, located approximately 2.0 miles east of the property. The Chippewa River is a warm-water fishery consisting of several species of game fish and rough fish. The river is also used by some nesting birds. The nearest surface water feature is Sherman Creek, located approximately 2,000 feet southwest of the property. Sherman Creek joins the Chippewa River approximately 3 miles south of the property.

Threatened and Endangered Species An Endangered Resource Preliminary Assessment was completed on June 1, 2020 The Wisconsin Department of Natural Resources (WDNR) stated that erosion and runoff prevention measures must be implemented during the course of any construction to avoid impact on the listed aquatic species.. The WDNR made additional voluntary recommendations to protect areas of high-quality habitat within the project site. A copy of the WDNR response is located in Appendix C.

Surface Water, Wetlands and Storm Water There are no wetlands or surface water on these properties. Future landscaping activities will follow best management practices to control erosion. Erosion and sedimentation control will be implemented and controlled through adherence to WDNR technical standards. Long term erosion control will be achieved through seeding and erosion mat of slopes and channels. Seeding and mulching will be used to cover other exposed areas. Plans and specifications will outline erosion control measures to be in place during construction. Waterways and wetland areas will be protected from runoff from the project site by silt fence placed along the boundary of the wetland and slope intercepts. Topography Minor grading may be necessary, dependent upon future landscape design, but not anticipated to be significant.

Soils Current soils may be disturbed, dependent upon future landscape design, but not anticipated to be significant.

Groundwater Preliminary investigations have indicated some groundwater at 10-13 feet below below ground surface with general flow to the southwest towards Sherman Creek. Any regrading or trenching depths are not expected to extend beyond five feet below ground surface; therefore, no impacts to groundwater are expected.

Air Pollutant and Visible Emissions Long-term air quality will not be affected by acquisition of this property. Activities at the site are not expected to threaten air quality.

Utilities The West Campus is served by the City of Eau Claire municipal sewer and water systems. Xcel Energy provides electricity and natural gas services to the campus. No effects to existing utilities are expected from this project. Power is already available on these properties and currently utilized for existing signage.

Hazardous Materials Historically, this site has been used for agricultural farmstead and rural residential purposes. There is no evidence of hazardous, toxic, or radioactive substances having been used on this property prior to development of the campus.

Ayres Associates conducted a Phase 1 Environmental Site Assessment of these properties on September 1, 2020. The conclusion of the study revealed no evidence of recognized environmental conditions in connection with the subject properties and no additional investigation was deemed necessary. The Executive Summary from the Phase 1 study is included in Appendix D.

Alternatives to Proposed Action

There are no alternatives to the purchase of this property. Purchase in another location would not allow CVTC to create the desired effect of a visible and defined campus entry.

List of Agencies Notified

During the Environmental Assessment process notices were sent to numerous public agencies, bringing them into the planning process. Future contact with these agencies will continue as necessary after purchase of the property, and when plans /designs have been developed. A list of agency notifications sent is included in Appendix E.

Evaluation Section

The purchase of this property will not cause any issues related to any of the following items:

• Irreversible Environmental Effects • Stimulation of Secondary (Indirect) Effects • Creation of New Environmental Effects • Impacts on Geographically Scarce Environmental Features • Precedent-Setting Nature of Action • Significant Controversy • Conflicts with Official Agency Plans or Policy (Local, Regional, State or National) • Cumulative Impacts of Repeated Actions of this Type • Irrevocable Foreclosure of Future Options

Recommendation

This EA has determined that the proposed property purchase does not constitute a major action significantly affecting the quality of the human environment or involving unresolved conflicts in the use of available resources. The WTCS board has issued a preliminary finding of no significant impact associated with the proposed project. Copies of preliminary determination letters are provided in Appendix F.

Public Comment Period

This Environmental Assessment will be made available for public review and comment. The report can be viewed at www.cvtc.edu/about-cvtc/consumer-disclosures.

A copy of the report can also be requested by calling 715-833-6480. The 15-day comment period begins when the Legal Notice is posted in the Eau Claire Leader Telegram. A copy of the advertisement is included in Appendix G.

Following the conclusion of the comment period, the WTCS Board will evaluate the EA and comments received. If there is a finding of no significant impact (FONSI), the environmental review process is complete. If significant impacts are determined, the WTCS Board will proceed with preparation of an EIS under the requirements in SS. TCS 12.05 to 12.11.

Figure 1 Regional Site Location Map

Regional Map

Menards Self Storage ft r --9~~ Eau Claire West T Chippewa QCapita l Motor Company Valley Technical College ... Lyden Mini ft Silver Spring Foods, Inc 9 Warehouse Storage T q..1> -~e Lynden Ave ~9\'-• Hutchinson Technology 9

Aill Run Golf Course 9 Chippewa Valley 6th 124 Technical College ... Tru-Lock & S, ' Chippewa Valley O Technical Y College ... Jimmy John's q) l

Pizza Ran, Menards Q f

[!] Taco Bell q> Culver's f raft Racecars ft Restorations T WFolsomSt Folsom St

Festival Foods 9 Ill ~ Figure 2 Campus Location Map

312

KEY A Energy Education Center N B Geothermal Field C Proposed Motorcycle Courses D Wind Turbine Campus Road K E Solar Collectors D F Simulated City

■ C G Vehicle Test Demonstration Site H P A Wetland Protection Training Site I Vehicle Range & Truck Driver Training J Vehicle Storage E K Green House -, _____-_...... __ --- .------~ ... B G -·'.. L Emergency Services Education Center / Eau .---··. - O 312 Claire Fire Station & Proposed Additions M Q • Fire & Safety Training Site - Fire Safety Center - Burn Tower - Splash Wall - RCU Building H J - Flood House F M I L N Gateway Campus O Utility Easement P Proposed Transportation Education Center Q Proposed Residential Construction Facility

N Clairemont Ave. N Clairemont R Utility Training Field

Approximate Property Line R

Proposed New Construction ■ ■Existing

WEST CAMPUS SITE PLAN 07/09/2020

~ Chippewa Valley ~lTechnical Co l ege Figure 3 Certified Survey Map

UNOFFICIAL COPY

• •1015752 AYRES ASSOCIATES NARY L KAISER 34 33 01>.KWOOO HILLS Pl>.RKWl>.Y EAU CLAIRE COUNTY EAU CLAIRE. WISCONSIN 54702 715-834-3161 280107CSMol t. OGN REGISTER OF DEEDS EAU CLAIRE, WI EAU CLAIRE COUNTY CERTIFIED RECORDED ON SURVEY MAP NO. a< ~5 I 07/29/2009 09:08AM LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 ANO PART OF REC FEE: 13.00 1 1 THE NE / 4 OF THE NE / 4 • SECTION 11. T27N. RlOW. TRANS FEE: CITY OF EAU CLAIRE , EAU CLAIRE COUNTY, WISCONSIN EXEMPT#: PAGES: 2 NE-NW S1/4COR. -BRASS CAP ·---S00°17'05"W · - 5302.07'-- POB 1125.09' . ~~~~-- -i------r------~ ·1 (' ~, 683.03' , ~,1 t--...... s Nlw, i <[ "-< ~ ~ >I I : z I "-'°c'{s; ~ I <[ I ~ I (/1 BLDG. ~11 ,,,~ ~I ~l ,.:~ ► 1 "-' 5' - in I BEARINGS ARE REFERENCED ro ....JI ~o ~ I 9 THE NORTH LINE OF THE NE 1/4 i~ BLDG. 'I 3 75.00'(R) ro ....J I MEASURED TO BEAR S88°49'58"E ,u, 1 3 7 8 66 .,_ !::!!'.'. ~ .l. --1. .§.:? '(M~ ~ ' I E. C. CO. COOR □. SYSTEM I a, BLDG. :N - J!::.!: @. ~ I ;JTI ..... 100 200 :,.,; ·o BLDG. §1 I -t-,'-.s- SCALE: 1" = 200' :r--- - ,-1_~ ? ~: BLDG. .j "-.'°c,~ AREAS ~ i ~ a:i:.. V. I 'f~r LOT 1 ~ / ~ ::!:: BLDG. 146632 SO. FT. >->, t,J LOT 1 I NW-NE 3. 355 ACRES ~ ! ~ I LOT 2 :i3 i ~ 255%5 SO. FT. :~ 5.876 ACRES I . ,.._m LOT 3 :~ I 141040 SO. FT. Ci!I ;~ 3.238 ACRES NE COR. 0 ;;i:: Sl 13'33"W ~: 199.99' S28°5 7'5l"E f 36.37' CD . ~: LEGEND: :j POB POINT OF BEGINNING . co . (() O SET 1" OD x 24" IRON PIPE : r"1 , N WEIGHING 1.13 LBS1LF i:-;i i'-- ~ FOUND E.C. CO. ALUM. MON. IJ"l (UNLESS NOTED l 0 . N e FOUND 1" 0. D. IRON PIPE :b,i "° (UNLESS NOTED l : LI) ·v ■ FOUND l" IRON REBAR :r--- • FOUND ¾"IRON REBAR W1CAP ~ HEREBY DEDICATED FOR R1W BLDG. MINI WAREHOUSE BUILDINGS

------NE-NE

NOTES: U ALL CURVES SH(MIN ARE NON-TANGENTIAL 2J ACCESS CONTROLLED UNDER ST AT UTE 8425 BY WISCONSIN DEPARTMENT OF TRANSPORTATION PROJECT CAD6-4 (2!

CURVE DATA TABLE

CHORD NO. RADIUS DELTA ARC CHORD BEARING 1 150.36' 59°59 '56" 157 .45' 150.36' S53"19'57"E LOT 1 150.36' 1°36'14" 4. 21' 4.21' S24"08'06"E LOT 2 150.36' 58°23'42" 153.24' 146.70' S54°08'04"E 2 267.00' 33°38'36" 155. 78' 154.54' S60°44 '25"E 3 50.00' 277°23'59" 242.08' 66.00' NO 1 ° 13 ' 3 3 "E

Sheet 1 of 2 UNOFFICIAL COPY • • AYRES ASSOCIATES 3433 OAKWOOD HILLS PARKWAY EAU CLAIRE. WISCONSIN 54702 715-834-3161 280107CSMol t .OGN EAU CLAIRE COUNTY CERTIFIED SURVEY MAP NO. ___ LOCATED IN PART OF THE NW 1/4 OF THE NE 1/4 AND PART OF 1 1 THE NE /4 OF THE NE /4, SECTION 11. T27N, RlOW. CITY OF EAU CLAIRE . EAU CLAIRE COUNTY, WISCONSIN

I. Gregory J. Raymond. Registered Land Surveyor, hereby certify to the best of my knowledge and belief: That I have surveyed. divided and mapped part of Certified Survey Map 455414 recorded in Volume 1. Page 78 and port of Certified Survey Mop 420025 recorded in Volume 1. Page 27. and other lands lying in part of the Northwest Quarter of the Northeast Quarter and part of the Northeast of the Northeast. Section 11. Township 27 North, Range 10 West. City of Eau Claire, Eau Claire County. Wisconsin bounded by a line described as follows:

Commencing at the North one-quarter corner of said Section 11: Thence S00°17'05"W, on the north-south quarter line, 1125.09 feet to the point of beginning; Thence S88°48'32"E. on the south right-of-way line of Lyden Avenue. 705.50 feet: Thence 242.08 feet on the ore of a curve, concave westerly, having a radius of 50.00 feet, a chord bearing of N01,.13'33"E. and a chord distance of 55.00 feet: Thence N88°48'32"W. on the north right-of-way line of Lyden Avenue. 394.88 feet: Thence continuing Nl 0 13'33"E, on the east right-of-way line of Cardell Road, 375.00 feet: Thence S88<>48'23"E. on the southerly right-of-way line of Loson Avenue. 288.17 feet: Thence S73°33'05"E. on said line. 89.77 feet to the southwesterly right-of-way line of Campus Road. also being the frontage rood for State Trunk Highway 124: Thence S28°57'5l"E. on said line. 35.37 feet: Thence 157.45 feet along said line and on the arc of a curve. concave northeasterly.having a radius of 150.35 feet. a chord bearing of S53,.19'57"E. and a chord distance of 150.35 feet: Thence S77°32'17"E. on said line. 128.54 feet: Thence 155.78 feet along said line and on the arc of a curve. concave southwesterly.having a radius of 257.00 feet. a chord bearing of S50°44'25"E. and a chord distance of 154.54 feet: Thence S43°53'27"E. 221.81 feet: Thence S43<>42'03"E. on the southwesterly right-of-way line of Campus Road. 110.00 feet: Thence S36°02'29"E. on said line. 209.89 feet: Thence N88°49'17"W. on the south line of the Northwest quarter of the Northeast quarter as monumented. 1448.44 feet: Thence N0°17'05"E. on the North-South quarter line. 200.17 feet to the point of beginning.

Parcel contains 543547 square feet or 12.480 acres. more or less. and is subject to easements of record. That I hove made this survey. land division and map at the direction of Dell Construction, representing said land: That to the best of my knowledge and belief said mop is a correct representation of the survey and the land division thereof mode. That to the best of my knowledge and belief I hove complied with the provisions of Chapter 235 236.34 of the Wisconsin Statutes and the subdivision regulations of the ty of Claire in surveying. dividing and mopping the some. ~ Gregory J. oymond. RLS S-2505 Dated this cffb day of cf'':f;i . 2009 at Eau Claire. Wi.

As ow I hereby certify that I caused the land described herein to be surveyed. divided. this Certified Survey Mop. I also certify that this submitted to the City of Eau Claire for approval.

Dated thls&day afw 2009 at Eau Clalce, Wl.

CERTIFICATE OF CITY DEPARTMENT OF PLANNING AND DEVELOPMENT

Director of Planning and Development. City of Eau Claire. at this Certified Survey Mop is approved of as complying with Title 17. __L.1-.------o_f_tbe Municipal Code of the City of Eau Claire.

Dorr l Tufte

Dated thls 2:&:;'ay af T ~ 2009 Sheet 2 of 2 Appendix A Wisconsin Administrative Code TCS 12

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.

41 WISCONSIN TECHNICAL COLLEGE SYSTEM TCS 12.03

Chapter TCS 12 WISCONSIN ENVIRONMENTAL POLICY ACT PROCEDURES

TCS 12.01 Purpose. TCS 12.07 Distribution and review of the DEIS. TCS 12.02 Definitions. TCS 12.08 Conversion of DEIS to FEIS. TCS 12.03 Board action type list. TCS 12.09 Distribution and review of the FEIS. TCS 12.04 Preparation of an environmental assessment. TCS 12.10 Contested case hearing. TCS 12.05 Scoping. TCS 12.11 Record of decision. TCS 12.06 Contents of an EIS.

Note: Chapter VTAE 12 was renumbered chapter TCS 12 under s. 13.93 (2m) (b) tives; and to determine whether the proposed action constitutes a 1., Stats., Register, June, 1994, No. 462. major action significantly affecting the quality of the human envi- TCS 12.01 Purpose. The purpose of this chapter is to: ronment or involving unresolved conflicts in the use of available resources. (1) Establish procedures for board consideration of short− term and long−term environmental and economic effects of board (8) “EIS” or “environmental impact statement” means a writ- actions upon the human environment. ten report prepared pursuant to s. 1.11, Stats., in accordance with the CEQ guidelines, which contains an analysis of anticipated (2) Establish definitions and criteria to be used by the board impacts of a proposed action upon the human environment, and for the implementation of s. 1.11, Stats. Implementation includes alternatives to the proposed action. The draft environmental the evaluation of proposed actions; the study, development and impact statement (DEIS) is a preliminary format of the final envi- description of alternatives where proposed actions involve unre- ronmental impact statement (FEIS). solved conflicts in the use of available resources; and the preparation and review of environmental impact statements (EIS’s). (9) “FEIS” means final environmental impact statement. (3) Provide guidance to districts seeking permission to pro- (10) “Finding of no significant impact” means a completed ceed with a proposed action, determine the applicable procedure environmental assessment which indicates that the proposed affecting the board’s review of a proposal, and establish a mecha- action is not a major action which will significantly affect the nism for early review of an applicant’s proposal to determine the quality of the human environment and that no EIS is required. need for an EIS. (11) “Human environment” means all conditions and influ- (4) Identify major actions significantly affecting the quality of ences, natural and artificial, which surround and affect all organ- human environment and the need for an EIS. isms, including people. (5) Provide an opportunity for public input in the decision− (12) “Major action” means an action which will significantly making process. affect the quality of the human environment. History: Cr. Register, April, 1987, No. 376, eff. 5−1−87. (13) “NEPA” means the National Environmental Policy Act (42 U.S.C. s. 4321, et. seq.). TCS 12.02 Definitions. In this chapter: (14) “Resources” includes land, water, air, energy forms, (1) “Action” means any activity initiated by the board, or any plant life and wildlife, aesthetic, social, economic, historical and activity subject to the regulation or approval of the board, which archeological factors, and labor and materials used in the pro- may affect the quality of the human environment. posed action. (a) “Type I action” means a major action which significantly affects the quality of the human environment and requires the (15) “Scoping” means an early process for identifying the preparation of an environmental impact statement (EIS). anticipated range of issues to be addressed by an EIS, the extent to which the identified issues will be addressed, and the significant (b) “Type II action” means an action which may or may not sig- issues as seen by the public. nificantly affect the quality of the human environment and requires the preparation of an environmental assessment (EA) to (16) “Significant effects” means the considerable and impor- determine whether the action significantly affects the human envi- tant impacts, beneficial or adverse, of actions on the quality of the ronment and whether an EIS must be prepared. human environment. (c) “Type III action” means an action which normally does not (17) “WEPA” means the Wisconsin Environment Policy Act, have the potential to cause significant environmental effects and s. 1.11, Stats. History: Cr. Register, April, 1987, No. 376, eff. 5−1−87; correction in (3) and (6) normally does not involve unresolved conflicts in the use of avail- made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1994, No. 462. able resources, and unless the board determines otherwise, an EA or EIS will not be prepared. TCS 12.03 Board action type list. The board shall (2) “Alternatives” means other actions which may reasonably review its proposed action and determine what impact the pro- be available to achieve the same or altered purpose of the proposed action will have on the quality of the human environment. posed action, including the alternative of no action. The board has reviewed its actions and has categorized these (3) “Board” means the technical college system board. actions into 3 types as specified in Table TCS 12.03. Table TCS (4) “CEQ” means the council on environmental quality. 12.03 shall be used to determine the category of the proposed (5) “DEIS” means draft environmental impact statement action and the type of environmental analysis that is required. which is a preliminary format of the final environmental impact (1) TYPE I ACTION. If it is determined from Table TCS 12.03 statement. that the proposed action is a type I action, an EIS shall be prepared. (6) “District” means a technical college district established These are major board actions which would significantly affect under ch. 38, Stats. the quality of the human environment. (7) “EA” or “environmental assessment” means a brief but (2) TYPE II ACTION. If it is determined from Table TCS 12.03 comprehensive analysis of a proposed Type II action to determine that the proposed action is a type II action, an EA will be prepared. its environmental impact; to study, develop and describe alterna- These actions have the potential to cause significant environmen-

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register July 2002 No. 559 Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.

TCS 12.03 WISCONSIN ADMINISTRATIVE CODE 42

tal effects and may involve unresolved conflicts in the use of avail- 2.Legislation Board proposals for new pro- X able resources. grams or major changes in existing programs, the imple- (a) If the EA discloses that the proposed action is a major mentation of which would action that will significantly affect the quality of the human envi- have significant material ronment, an EIS shall be prepared. effects on the human environ- (b) If the board finds in the EA that the proposed action is not ment a major action that will significantly affect the quality of the 3.Program approval Proposals for new programs X human environment, the EA shall be filed in the office of the or major changes in existing WEPA coordinator as a finding of no significant impact and shall programs, the implementation be provided to interested parties upon request. of which will not have a significant effect on the human (3) TYPE III ACTION. A type III action normally does not have environment the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and, unless the board determines otherwise, these History: Cr. Register, April, 1987, No. 376, eff. 5−1−87; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462. actions will not require an EA or EIS. (4) OTHER ACTIONS. Every action other than those specified in TCS 12.04 Preparation of an environmental assess- subs. (1) to (3) shall be evaluated for determination of the type of ment. (1) CONTENT. To determine whether a Type II action is action. major and significantly affects the quality of the natural and physical environment of human beings, and to describe the alternatives Table TCS 12.03 Board Action Type List to the action, the board shall conduct an EA and shall prepare a reviewable record in the form of a concise report. The preparation ACTION TYPE OF shall be done as early as possible in the planning process, but, in IDENTIFICATION EXAMPLE ACTION any event, before contracts are let if the action involves construction by a district. The report shall include: I II III (a) A brief description of the proposed action, the purpose of A. Facility Development the action, the need for the action, and maps, graphs and other 1.Construction of a new New construction on a site X materials where appropriate. campus previously undeveloped (b) A brief description of those factors in the human environ- resulting in a significantly ment affected by the proposed action. altered site (c) A brief evaluation of the most significant primary and sec- 2.Construction of buildings New construction on a cam- X ondary environmental effects that would result if the proposal is on an existing campus that pus developed prior to April implemented. has no prior impact state- 1972 ment (d) A brief study developing and describing reasonable alternatives to the proposed action, including the alternative of no 3.Additions to existing Additions on a campus con- X action, and a brief evaluation of the significant environmental campus buildings not con- structed prior to April 1972or sidered under a prior not considered under a prior effects that are different from the anticipated impacts of the pro- impact statement EIS posed action. (e) A listing of other agencies or groups contacted and the comments of, and other pertinent information from, the agencies 4.Demolition of buildings X and groups. 5.Vehicle training track X (f) An evaluation section which contains brief discussions of 6.Land acquisitions Acquisition by fee title of par- X the specific factors in this paragraph. If the proposed action will cels of land lead to any of these results, the need to prepare an EIS is increased. 1. Irreversible environmental effects. 7.Remodeling for purposes Remodel a classroom into a X requiring more energy than welding shop 2. Stimulation of secondary (indirect) effects. prior use 3. Creation of a new environmental effect. 8.Purchase or lease of relo- Temporary classrooms, shop, X 4. Impacts on geographically scarce environmental features. catable structures laboratory or storage buildings 5. Precedent−setting nature of the action. 6. Significant controversy associated with the action. 9.Emergency replacement Immediate replacement of X facilities to a condition simi- 7. Conflicts with official agency plans or local, regional, state lar to that which existed prior or national policy. to damage from flood, fire or tornado, or other forces of 8. Cumulative impacts of repeated actions of this type. nature 9. Irrevocable foreclosure of future options. 10.Parking lot construction Self explanatory (see. s. NR X (g) A preliminary recommendation on the need for an EIS. that exceeds 1,000 cars or 406.04) (2) GENERIC EA. Where proposed actions are likely to be incremental increases in a repeated on a recurring basis or where they have relevant similari- parking lot that require a permit from the department ties such as common timing, impacts, alternatives, methods of of natural resources implementation, or subject matter, a generic EA may be prepared. The board shall, when addressing a single action already covered 11.Pedestrian elevated by a generic EA, consider the relevance of the generic EA to the walkways or bridges specific action. B. Regulation (3) NOTICE. (a) Content. The board shall develop a notice for 1.Assuring compliance X EA as prepared under this section. The notice shall state that the with federal, state and EA has been prepared and is available for review and shall include safety codes the following information:

Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page Register July 2002 No. 559 is the date the chapter was last published. Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.

43 WISCONSIN TECHNICAL COLLEGE SYSTEM TCS 12.06

1. The name of the proposed action and an identification of sources. An EIS shall provide analysis of the environmental and the district where the proposed action will occur. economic implications of a proposed action contemplated by a 2. A brief description of the proposed action, including loca- district that need board approval. An EIS shall include the follow- tion. ing: 3. The board’s preliminary determination of the need for an (a) A summary of the scoping process used and the major EIS. issues identified for detailed analysis in the EIS. 4. The name of a contact person within the board who can sup- (b) A description of the proposed action and of the affected ply copies of the EA and can answer questions about it. environment including the history and background of the pro- 5. The latest date on which the board will accept and consider posed action, location, type of facility, major dimensions, engi- comments before making a final decision on the need for an EIS. neering design criteria, general types of materials be used, time schedules, maps and diagrams deemed relevant, sources of fund- (b) Distribution. The board shall send copies of the notice to ing, permits and approvals required, and other pertinent informa- all individuals, agencies, and organizations that have requested tion which will adequately allow an assessment of the potential notification of the EA or of all EA’s and, in the case of a project environmental impact by persons who want to make comments. in a particular area of the state, to the news media in the vicinity of the project. (c) An evaluation shall be made of the probable environmental consequences, both positive and negative, of the proposed action (4) PUBLIC COMMENT AND INPUT. Following the deadline for as it relates to the physical and chemical, biological, social and receipt of public comment on the EA, appropriate board staff shall cultural, and economic environments. Secondary as well as pri- review the EA, consider all public comments, make modifications mary consequences to the environment shall be included when- as judged necessary, and approve the EA which shall include a ever possible. The discussion shall include adverse environmental finding either of no significant impact or of the need for an EIS. effects which cannot be avoided should the proposal be imple- (5) FINDINGS. (a) If a finding is made in the EA of no signifi- mented. The EIS shall include impacts which have catastrophic cant impact, no EIS shall be required, the environmental review consequences, even if their probability of occurrence is low, pro- is complete and the original EA shall then be filed in the office of vided that the analysis of the impacts is supported by credible sci- the WEPA coordinator as a finding of no significant impact. entific evidence, is not based on pure conjecture, and is within the (b) If a finding is made in the EA that an EIS is required for a rule of reason. proposed Type II action, the board shall proceed with the prepara- 1. The evaluation of the physical and chemical environment tion of an EIS under ss. TCS 12.05 to 12.11. shall include consideration of the action’s effects upon air quality (c) The board’s finding on the need for an EIS becomes final and climate, surface and ground water quality and quantity, noise, upon signing by the state director or designee. geological structure, topography, minerals and soils, thermal (6) DELEGATION. Except for the EIS evaluation section as effects, unique land forms and water bodies, and flood and erosion described in sub. (1) (g), any part of an EA may be prepared by a hazards. district proposing an action. 2. The evaluation of the biological environment shall include History: Cr. Register, April, 1987, No. 376, eff. 5−1−87; correction in (5) (b) made consideration of the action’s effect upon plant life, animal life, fish under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462. and wildlife habitat, ecological relationships, endangered species, TCS 12.05 Scoping. (1) As soon as possible after the migrations, unique plant and animal associations, human health, decision to prepare an EIS, the district, in actions where the district and hazardous and toxic materials. is the proponent of an action, or the board, in all other actions, shall 3. The evaluation of the social and cultural environment shall notify and inform the public and affected agencies that an EIS will include consideration of the action’s effect upon historic and arch- be prepared and that scoping is beginning. eological sites, parks and recreation areas, local institutions and (2) The scoping process shall include, to the extent possible, community service, existing and future land uses, community affected federal, state and local agencies, the board, the proponent description, housing patterns, neighborhood compatibility, dis- of the action, and other interested persons. The process may con- placement of families, businesses and farms, aesthetics, potential sist of meetings, hearings, workshops, surveys, questionnaires, or for shared use of facilities or programs, ethnic, religious or other other appropriate methods or activities, and may be integrated groups, change in population patterns, emergency services, edu- with other public participation requirements. cational facilities and local ordinances. (3) The scoping process shall be used to accomplish all of the 4. An evaluation of the economic environment which shall following: include consideration of the action’s effect upon tax base, prop- (a) Determine the scope and the significant issues to be ana- erty values, employment, community and personal income, busi- lyzed in depth in the EIS. ness activities and climate, manufacturing, mining and industry, agriculture, transportation, public utilities, energy resources, and (b) Identify and eliminate from detailed study the issues which government services and costs. are not significant or which have been covered by prior environmental review. This will narrow the discussion of these issues in (d) An evaluation of significant irreversible and irretrievable the EIS to a brief presentation of why they will not have a signifi- commitments of resources that would be involved in the proposed cant effect on the human environment or a reference to their cover- action if implemented, including a statement identifying the age elsewhere. extent to which the proposed action irreversibly curtails the range of potential uses of the environment. (c) Set a time for document preparation and opportunities for public involvement. (e) Alternatives to the proposed action, including a rigorous History: Cr. Register, April, 1987, No. 376, eff. 5−1−87. exploration and objective evaluation of the environmental impacts of all reasonable alternatives, particularly those that TCS 12.06 Contents of an EIS. (1) When an EIS is might avoid all or some of the adverse environmental effects of the required, a DEIS and an FEIS shall be prepared by the board, by proposed action. The option of doing nothing shall be included as the district or by a consultant under contract with the board or a an alternative. district. The board shall supervise and exercise final review of any (f) The relationship between short−term uses of the environ- EIS prepared by a district or a consultant. The DEIS shall empha- ment and the maintenance and enhancement of long−term produc- size significant environmental issues identified during the scop- tivity. The EIS shall describe the extent to which the proposed ing process. The FEIS shall be based in part upon comments action involves tradeoffs between short−term economic gains at received on the DEIS and on information received from other the expense of long−term environmental productivity or vice

TCS 12.06 WISCONSIN ADMINISTRATIVE CODE 44

versa, and the extent to which the proposed action forecloses (4) PERIOD OF TIME FOR COMMENT ON THE DEIS. A minimum future options. of 45 days from the date the DEIS is mailed shall be allowed for (g) The FEIS shall discuss at appropriate points any responsi- the receipt of comments from state, federal and local agencies and ble opposing view not adequately discussed in the DEIS. the public. (h) An analysis shall also be made of significant direct and (5) INFORMATIONAL HEARING. (a) The board shall hold a pub- indirect energy impacts of the proposed action. lic hearing on the DEIS. The hearing shall be noticed as follows: (2) The FEIS shall be an analysis document that enables envi- 1. At least 30 days prior to the hearing, notice shall be mailed ronmental and economic factors to be considered in the develop- to all known agencies and offices required to grant any permit or ment of a proposed action. It shall be considered by the board in license of approval necessary for the proposal; to any regional the decision−making process. planning commission within which the affected area lies; to the governing bodies of all towns, villages, cities and counties within (3) The EIS shall be written in plain language and shall use which any part of the proposed action lies; to the governing bodies appropriate graphics to aid decision−makers and the public. of any towns, villages or cities contiguous to any town, village or Where appropriate, an EIS may be combined with other required city within which any part of the proposed action lies; and to inter- environmental or planning documents. The text of the FEIS shall ested persons who have requested such notification. normally be less than 150 pages and in proposed actions of 2. At least 25 days prior to the hearing, a notice shall be pub- unusual magnitude or complexity shall normally be less than 300 lished as a class I notice, under ch. 985, Stats., in a newspaper cir- pages. culated in the affected area or, for actions of statewide signifi- (4) If the board makes substantial changes in the proposed cance, in the official state newspaper. action that are relevant to environmental concerns, or if there are (b) The hearing shall be held in the affected area. On actions significant new circumstances or information relevant to environ- of statewide significance, the hearing may be held in Madison. mental concerns that have bearing on the proposed action or its impacts, that arise after preparation of the FEIS, but before sub- (c) The hearing shall be recorded either stenographically or electronically. stantial implementation of the action, the board shall prepare sup- History: Cr. Register, April, 1987, No. 376, eff. 5−1−87; corrections made under plements to the FEIS. If a supplement is prepared it shall be dis- s. 13.93 (2m) (b) 1., Stats., Register, April, 1999, No. 520. tributed and reviewed in the same manner as a DEIS or a FEIS as provided in s. TCS 12.07. TCS 12.08 Conversion of DEIS to FEIS. After consid- History: Cr. Register, April, 1987, No. 376, eff. 5−1−87; correction in (4) made ering the testimony received at the public hearing on the DEIS, under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462. and undertaking whatever further investigation in response to that testimony deemed necessary, the board may convert a DEIS to an TCS 12.07 Distribution and review of the DEIS. FEIS. The conversion may be accomplished by replacing the (1) DISTRIBUTION OF THE DEIS. Copies of the DEIS shall be dis- cover sheet, modifying the statement as judged appropriate to tributed as follows: reflect information received at public hearing or while the hearing (a) The governor’s office. record was kept open, and by adding an appendix which records (b) State, federal, and local governmental agencies having spe- and responds to information, concerns, views, arguments, and cial expertise, interest or jurisdiction. suggestions received at the hearing and while the hearing record was kept open. (c) Regional and county planning agencies located within the History: Cr. Register, April, 1987, No. 376, eff. 5−1−87. proposed action area. (d) Libraries in the area of the proposed action. TCS 12.09 Distribution and review of the FEIS. (e) Department of transportation — bureau of environmental (1) DISTRIBUTION. The FEIS shall be distributed in the same man- data analysis. ner as the DEIS under s. TCS 12.07, and shall also be distributed (f) Department of natural resources — bureau of environmen- to any person, organization or agency that submitted comments on tal analysis and review. the DEIS. (2) NOTICE OF AVAILABILITY. The availability of the FEIS will (2) REQUESTED COPIES. Copies of the DEIS shall also be pro- be announced through a notice similar to the notice of availability vided to any individual or group requesting a copy. A charge may of the DEIS under s. TCS 12.07 (3). be assessed to cover reproduction and handling costs. (3) REQUESTED COPIES. A charge may be assessed to individu- (3) NOTICE OF AVAILABILITY OF THE DEIS. (a) An announce- als or groups requesting the FEIS to cover reproduction and han- ment sheet giving a brief description of the proposed action, dling costs. description of the administrative procedures to be followed, the date by which comments on the DEIS are to be submitted to the (4) PERIOD OF TIME FOR COMMENT ON THE FEIS. A period of district, and the locations where copies of the DEIS are available not less than 30 days from the date the FEIS is mailed shall be for review will be circulated as follows: allowed for receipt of comments from state and federal agencies and the public. 1. All local and regional units of government which have (5) PUBLIC HEARING. The board shall hold a public hearing on jurisdiction over the area that may be affected by the proposed the FEIS. The hearing shall be announced through the notice of action or reasonable alternatives to the proposed action. A request availability of the FEIS which shall be published as a class I will be made for posting the announcement sheet at the places nor- notice, under ch. 985, Stats., at least 25 days prior to the hearing mally used for public notice. in a newspaper circulated in the affected area or, for actions of 2. Local and regional news media in the area affected. statewide significance, in the official state newspaper. 3. Groups, clubs, committees, or individuals which have History: Cr. Register, April, 1987, No. 376, eff. 5−1−87; correction in (1) and (2) demonstrated an interest and have requested receipt of this type made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1994, No. 462. of information. TCS 12.10 Contested case hearing. (1) PETITION FOR 4. All participants in the scoping process not covered in sub. CONTESTED CASE HEARING. The board shall grant a petition for a (1) (a) to (c). contested case hearing on the FEIS when the petition contains a (b) The announcement under par. (a) shall be published as a statement of the specific reasons why the petitioner believes a class I notice, under ch. 985, Stats., in a newspaper published in contested case hearing should be held and the petition contains the district where the proposed action is to occur. sufficient facts for the board to determine that:

45 WISCONSIN TECHNICAL COLLEGE SYSTEM TCS 12.11

(a) The petitioner satisfies the criteria of s. 227.42, Stats.; or 2. A detailed written summary of the testimony to be elicited (b) The petitioner has an individual interest in the outcome of from each witness identified in subd. 1., including any option or the proceeding and a public interest will be served by holding a conclusion of the witness on any matter relevant to the proceed- contested case hearing. ings and the facts and data underlying that opinion or conclusion. (2) TIME LIMIT FOR PETITION. Any petition received by the The summary shall be an oath or affirmation; and board requesting a contested case hearing more than 20 days after 3. A copy of any document or other writing, except the FEIS, the date of publication of the notice of availability shall be denied. and a copy or detailed description of any demonstrative evidence (3) HEARING. (a) If the board grants a request for a contested the party may offer into evidence as exhibits. case hearing, the board shall inform the person making the request (d) 1. Any witness whose name, address and summary of testi- about the date, time and place of the hearing. mony is not provided as required in par. (c) 1. and 2. shall not be (b) In the event that more than one request for a contested case permitted to testify at the hearing. No witness may testify on any hearing on the FEIS is granted, the board shall consolidate the matter not included in the summary of testimony. requests and hold one hearing. 2. No document or other writing or a copy of detailed descrip- (c) The only issue at the hearing shall be whether the FEIS tion of any demonstrative evidence not filed as provided in par. (c) complies with the requirements of s. 1.11, Stats. The persons who 3. may be made part of the record. requested the hearing shall have the burden of proving to a reason- (e) Unless objected to by the board, any summary of testimony able certainty by the greater weight of the credible evidence that of a witness for the person who requested the hearing shall be the FEIS does not comply with the requirements of s. 1.11, Stats. made part of the record in lieu of the testimony of that witness as (d) The hearing shall be held in accordance with the board’s an exception to the hearsay rule and shall be considered by the general procedural rules for hearings or, in the absence of those board for whatever probative value that testimony has in making rules, the conditions and procedures set out in ss. 227.44 to its decision. Unless objected to by the person who requests the 227.50, Stats., except as otherwise provided in this subsection. hearing, any summary of the testimony of a witness for the board Rescheduling of hearings shall be at the board’s discretion and shall be made part of the record in lieu of the testimony of such shall be granted only for good cause. witness as an exception to the hearsay rule and shall be considered by the board for whatever probative value that testimony has in (4) EVIDENCE, DISCOVERY AND DISCLOSURE. (a) The FEIS shall be received into the hearing record as an exception to the hearsay making its decision. rule and shall be considered by the board in making its decision History: Cr. Register, April, 1987, No. 376, eff. 5−1−87. for whatever probative value the FEIS has. TCS 12.11 Record of decision. Where an EIS is pre- (b) Notwithstanding any other rule of the board, the parties in pared, the board shall also, at the time of its final decision, prepare proceedings under this section shall have the means of discovery, a record of decision. The record of decision shall identify all alter- except written interrogatories and depositions on written ques- natives considered in the order of their environmental preference. tions, available to parties through judicial proceedings set forth in The record of decision for the alternative selected shall state ch. 804, Stats. whether all practicable means to avoid or minimize environmen- (c) Not less than 10 days before the hearing the parties shall tal harm have been adopted, and if not, why they were not. file with the board: Note: The final draft of the EIS issued by the board, and the record of decision provided in s. TCS 12.09, are intended to satisfy the decision requirement of s. 1. The names and addresses of all witnesses, including 227.47, Stats. adverse witnesses, that the party may call to testify at the hearing; History: Cr. Register, April, 1987, No. 376, eff. 5−1−87.

Proposed Property: Looking East

Proposed Property: Looking Southeast

Proposed Property: Looking South

Proposed Property: Looking Southwest

West Campus: Energy Education Center

West Campus: Planned Transportation Education Center

\ I \ -f \ l \ . - .

''"' - -~~J"':i.':- ..-.;._ -'-; '>"': ...... :..~t,;" "' .,_ - - ~,;::;;- ~ ~ ~~ West Campus: Emergency Services Education Center

West Campus: City of Eau Claire Fire Station #9

West Campus: L.E. Phillips Fire Safety Center

Appendix C Endangered Resource Preliminary Assessment

\!llSCOJISIN 1015?1 OF NATURAL RESOUl!ICl'ES

Endangered Resources Preliminary Assessment

Created on 6/1/2020. This report is good for one year after the created date.

Results A search was conducted of the NHI Portal within a 1-mile buffer (for terrestrial and wetland species) and a 2-mile buffer (for aquatic species) of the project area. Based on these search results, below are your follow-up actions.

Actions required to comply with state and/or federal endangered species laws:

This project has the potential to impact a nearby waterbody where a state listed fish, mussel or aquatic insect may be present, therefore erosion and runoff prevention measures (https://dnr.wi.gov/topic/stormwater/standards/const_standards.html) must be implemented during the course of the project to avoid take of the listed aquatic species. If these follow-up actions cannot be implemented, an ER Review should be requested.

Actions recommended to help conserve Wisconsin’s Endangered Resources (these actions are voluntary, not legally required):

In addition to the above follow-up actions, one or more natural communities (https://dnr.wi.gov/topic/endangeredresources/communities.asp) has been recorded within the vicinity of the project site. If there are areas of high-quality habitat within the project site, it is recommended that you minimize impacts to, or create buffers around, these areas.

A copy of this document can be kept on file and submitted with any other necessary DNR permit applications to show that the need for an ER Review has been met. This notice only addresses endangered resources issues. This notice does not constitute DNR authorization of the proposed project and does not exempt the project from securing necessary permits and approvals from the DNR and/or other permitting authorities.

Project Information

Landowner name CVTC Transportation Center

Project address 4000 Campus Road Eau Claire, WI 54703

Project description New transportation education center, parking and training facilities.

-== :::i1l Project Questions

Does the project involve a public property? No

Is there any federal involvement with the project? No

Is the project a utility, agricultural, forestry or bulk sampling (associated with mining) project? No

Is the project property in Managed Forest Law or Managed Forest Tax Law? No

Project involves tree removal? Yes

Does project have urban/residential habitat? No

Does project have manicured lawn? No

Public Portal ID: 2NKaGBl1k 1/3 Mon Jun 01 2020 10:45:25 GMT-0500 (Central Daylight Time) Does project have artificial/paved surface? No

Does project involve agricultural land? No

Does project have areas covered in crushed stone or gravel? No

Is project near (within 300 ft) a waterbody or a shoreline? Yes

Is project within a waterbody or along the shoreline? No

Public Portal ID: 2NKaGBl1k 2/3 Mon Jun 01 2020 10:45:25 GMT-0500 (Central Daylight Time) _, Project Area Maps """

Chippewa R!g,0081,

... '

iTa,~n oflJrwm ...

The information shown on these maps has been obtained from various sources, and is of varying age, reliability and resolution. These maps are not intended to be used for navigation, nor are these maps an authoritative source of information about legal land ownership or public access. Users of these maps should confirm the ownership of land through other means in order to avoid trespassing. No warranty, expressed or implied, is made regarding accuracy, applicability for a particular use, completeness, or legality of the information depicted on this map. For more information, see the DNR Legal Notices web page: http://dnr.wi.gov/legal/.

https://dnrx.wisconsin.gov/nhiportal/public 101 S. Webster Street . PO Box 7921 . Madison, Wisconsin 53707-7921

Public Portal ID: 2NKaGBl1k 3/3 Mon Jun 01 2020 10:45:25 GMT-0500 (Central Daylight Time) Appendix D Phase 1 Executive Summary

Phase I Environmental Site Assessment

0 Lyden Avenue Eau Claire, WI Eau Claire County Parcel #s 14-1288-C & 14-1288-D

Prepared for:

Chippewa Valley Technical College 620 W. Clairemont Avenue Eau Claire, WI

September 1, 2020

1.0 Executive Summary

Ayres Associates Inc. (Ayres) has performed a Phase I Environmental Site Assessment (ESA) in conformance with the scope and limitations of ASTM Practice E1527-13 of 0 Lyden Avenue, Eau Claire, WI (Parcel IDs 14-1288-C & 14-1288-D), the subject property. Any exceptions to or deviations from this practice are described in Section 2.7 of this report. This practice is intended to permit a Phase I ESA user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability, collectively referred to as “landowner liability protections” (LLPs): that is, the practice that constitutes “all appropriate inquiries” (AAI) into the previous ownership and uses of the property consistent with good commercial and customary practice as defined at 42 U.S.C. §9601(35)(B).

The primary objective of a Phase I ESA is to identify recognized environmental conditions (RECs), defined as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minimis conditions, defined as conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies, are not RECs.

The following findings, conclusions, and opinions are based upon record reviews, interviews, and site reconnaissance conducted during this assessment as well as environmental professional experience. All users of this Phase I ESA are advised to read the report in its entirety.

1.2 Findings

• The subject property contains approximately nine acres of undeveloped land. It sits at an elevation of 900.12 feet above mean sea level (msl) with a topographic slope towards the west. Soil at the site consists of well drained loam followed by Cambrian-aged sandstone bedrock with some dolomite and shale. A site investigation was conducted at the western adjoining property at 4220 Cardell Ave. (Bureau for Remediation and Redevelopment Tracking System (BRRTS) # 03- 18-001315) indicated depth to bedrock was 50+ feet below ground surface (bgs). Groundwater was encountered between 10.2-13.2 feet bgs with a directional flow to the southeast (Short Elliott Hendrickson Inc., 1998).

• Historical sources reviewed indicate the property has been used as agricultural cropland since at least 1938 and transitioned to fallow land with the construction of Lyden Avenue between 1972 and 1980. The property was rezoned in 1996 from TR-1A (Temporary Residential – Single Family) to P (Public) and I-1P (Light Industrial – Planned Development). The subject property parcels were purchased by Chippewa Valley Technical College Foundation from Lois Thalacker and an associated family trust in 2006 and 2009. Currently, the subject property consists of mostly fallow land and includes a small landscaped area hosting a sign for Chippewa Valley Technical College (added between 2008 and 2010), a vacated paved portion of Lyden Avenue, and a small beekeeping operation (added 2017 or 2018). Standard environmental records were not found to be associated with the subject property.

• The surrounding area was historically developed as agricultural cropland since at least 1938. According to aerial photographs, the area was redeveloped for commercial uses by 1980 with a warehouse type of building to the west and a large building with a parking lot to the south. By 1992 storage units were developed, which are still present. Currently, a storage building adjoins the subject property to the north and south, Dell Construction Company adjoins to the west, Chippewa Valley Technical College adjoins to the south, a former Alpine Acres retails store is to the east and a materials storage facility also adjoins to the east.

o The western adjoining site is occupied by Dell Construction Company and is listed on the following standard environmental records: Leaking Underground Storage Tank (LUST) and Underground Storage Tank (UST). Soil contamination was encountered during the removal of three USTs in 1994, which are all registered with the Department of Agriculture, Trade, and Consumer Protection (DATCP) (560-gallon diesel, 1,000-gallon unleaded gasoline, and 10,000-gallon regular gasoline) which triggered a LUST case. In 1995 a Site Investigation was performed to define the degree and extent of contamination, which involved the installation of six soil borings with three borings converted to groundwater monitoring wells for soil and groundwater sample analysis. Water from an on-site private water supply well was also sampled. Soil was sampled for gasoline range organics (GRO), lead and volatile organic compounds (VOCs), and groundwater was sampled for GRO, diesel range organics (DRO), lead, VOCs, petroleum volatile organic compounds (PVOCs), and polycyclic aromatic hydrocarbons (PAHs). There were no detections of contaminants in additional soil samples collected during the site investigation, but petroleum contaminants were found in the groundwater samples, so additional groundwater monitoring commenced. By 1998, the latest round of groundwater sampling indicated a downward trend of contaminant concentrations, which was likely due to natural attenuation. Naphthalene was the only compound that exceeded the Preventative Action Limit (PAL) but did not exceed the Enforcement Standard (ES), and groundwater impacts were limited to the site itself. Based on the downward trend of petroleum contaminants in groundwater samples, closure was granted in 1998 with no further action or continuing obligations necessary.

o The southern adjoining property is occupied by Chippewa Valley Technical College and is listed on the following standard environmental records: Aboveground Storage Tank (AST), UST, and Resource Conservation and Recovery Act (RCRA) Generator. It is listed as an inactive small hazardous waste generator and an active very small hazardous waste generator, generating ignitable hazardous waste. Hazardous waste records provided by the WDNR indicate it has been generating ignitable waste since at least 1987 and had a change of status from small quantity to very small quantity hazardous waste generator in the year 2000. There were no indications of violations. The property has two 250-gallon fuel oil ASTs installed in 1995 and one 12,000-gallon diesel UST installed in 1993 in use. These tanks are made of single-walled bare steel or fiberglass with no containment sump. Six USTs have been closed/removed which ranged in size from 500 – 12,000 gallon and contained waste oil, leaded gasoline, unleaded gasoline, diesel, and fuel oil. Tank records were not received from DATCP as of date of this report. However, activities at this site are unlikely to impact soil, groundwater, or soil vapor at the subject property based on the facility’s location and groundwater flow direction.

o The eastern adjoining property at 2701 Alpine Road is listed on the following standard environmental records: UST. Five tanks are listed for the property which range in size from 500 – 2,000 gallons and contained leaded gasoline, and diesel. These tanks were made of single wall coated steel with no containment sump and were closed/removed as of the early 1990s. Tank records were not received from DATCP as of date of this report. However, activities at this site are unlikely to impact soil, groundwater, or soil vapor at the subject property based on the facility’s location and groundwater flow direction.

1.3 Conclusions and Opinions This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. Although several adjoining or nearby sites were identified on standard environmental records, they are unlikely to have contamination that has migrated to the subject property.

2 Appendix E Agency Notifications

Notifications

Notification of this EA was sent to the following: Eau Claire County Administrator Kathryn Schauf 721 Oxford Avenue Suite 3520 Eau Claire, WI 54703 [email protected]

Eau Claire County Planning and Development Planning Rod Eslinger 721 Oxford Avenue Suite 3344 Eau Claire, WI 54703 [email protected]

City of Eau Claire Community Development Director Scott Allen 203 S. Farwell Street PO Box 5148 Eau Claire, WI 54702-5148 [email protected]

City of Eau Claire Director of Engineering Dave Solberg 203 S. Farwell Street PO Box 5148 Eau Claire, WI 54702-5148 [email protected]

Department of Natural Resources- Environmental Analysis and Review Leah Nicol 1300 W. Clairemont Ave Eau Claire, WI 54701 [email protected]

West Central Wisconsin Regional Planning Commission- Executive Director Lynn Nelson 800 Wisconsin Street Suite D2, Room 401 Eau Claire, WI 54703 [email protected]

Local Media Eau Claire Leader Telegram 701 S. Farwell Street Eau Claire, WI 54701

Appendix F Preliminary Determination Letter

Morna K. Foy, President

4622 University Avenue

TECHNICAL COLLEGE PO Box 7874 SYSTEM Madison, Wisconsin 53707-7874 we are futuremakers 608.266.1207 ǀ Wisconsin Relay System: 711 [email protected] ǀ www.wtcsystem.edu

September 30, 2020

TO WHOM IT MAY CONCERN:

It is the preliminary determination of the Wisconsin Technical College System Board (WTCSB) that the acquisition of property in Eau Claire by the Chippewa Valley Technical College District will have non-significant environmental impact.

Final determination will be made by the Wisconsin Technical College System Board after its review of public comments and communications from interested parties on the Environmental Assessment.

Sincerely,

Morna K. Foy President Wisconsin Technical College System

Colleges: Blackhawk, Chippewa Valley, Fox Valley, Gateway, Lakeshore, Madison Area, Mid-State, Milwaukee Area, Moraine Park, Nicolet Area, Northcentral, Northeast Wisconsin, Southwest Wisconsin, Waukesha County, Western, Wisconsin Indianhead Appendix G Public Comment Notification

Legal Notice

The Chippewa Valley Technical College District (CVTC) has completed an Environmental Assessment (EA) for purchase of property in Eau Claire.

The Wisconsin Technical College System board (WTCSB) has reviewed the EA and has made a preliminary determination that the proposed actions will have no significant environmental impact.

A digital copy of the EA may be viewed at the CVTC public website:

www.cvtc.edu/about-cvtc/consumer-disclosures

You may also request a copy of the EA be mailed to you by calling 715-833-6480

Questions regarding the assessment should be directed to the Director of Facilities (715-833-6480).

Persons having an interest in the proposed action may comment on the environmental assessment. The comments shall clearly set forth the manner in which the proposed action will affect his/her environment. Comments must be submitted in writing within 15 days of this notification to:

Daniel P. Scanlon, RA Director, Facilities Development Wisconsin Technical College System P.O. Box 7847 Madison, WI 53707-7874

The WTCSB will make its final determination on the need for an Environmental Impact Statement after the conclusion of the comment period.

Mr. Bruce Barker, President Mr. Rod Bagley, Director of Facilities

Chippewa Valley Technical College District 620 W. Clairemont Avenue Eau Claire, WI 54701