Appendix H Section 4(f) and 6(f) Correspondence and Documentation, Fox River State Trail

From: Norrick, Christine/CHI To: Dutkiewicz, Carly/CHI Subject: FW: 4556-02-00 Fox River Trail - Rails to Trails Date: Monday, May 18, 2020 3:28:31 PM Attachments: DOC128.pdf state_trail_system_facts.pdf

From: VanPrice, Kathie - DOT Sent: Monday, May 18, 2020 1:52 PM To: Lipke, Bryan - DOT ; Michaelson, Jill - DOT ; Johnston, Jonquil - DOT ; Chidister, Ian (FHWA) ; Runge, Cole M. ; Webb, Charlie/MKE ; Fortney, Darren ; Norrick, Christine/CHI Subject: [EXTERNAL] 4556-02-00 Fox River Trail - Rails to Trails

BCSBC team,

Here’s what I found from our previous experience with the FRT in Brown County. The trail is federally railbanked. The attached reversionary language applied to the parcel that the WIS 172 project impacted. Unfortunately, there is no legal description associated with this, but the consultant said it appeared in all the titles they had for Brown County.

Kathie VanPrice Environmental Analysis and Review Specialist Department of Transportation Northeast Region (920) 492-7175 wisconsindot.gov

If this is related to a records request, please email: [email protected]

Internet location of this spreadsheet: dnr.wi.gov/topic/parks/trails/pdfs/state_trail_system_facts.pdf

Wisconsin State Trails* (43) Last updated 12/28/2018 Miles Open Established/ Trail Name (italicized indicated (Not open "Master" LWCF (A or Region District first Location Trail Operator Counties Trail Status Trail Fee? ? Ownership** Allowed Uses******* temporary name) but Plan D), TE (T)*** purchase acquired) WCR NWD/SWD 1988 Reedsburg-Elroy DNR Sauk, Juneau Open Yes YES 22 Fee 1990 T W, B, H (7mi), S(ng), Sn NER NED 1970 Sturgeon Bay-Casco, Luxemburg- County Door, Kewaunee Open No YES 48 Fee and NITU 1975 A,D,T W, B, Hs, Sn, S(ng) Kewaunee SCR SWD 2000 Madison-Freeport, IL (state line=Clarno) DNR Green, Dane Open Yes YES 40 None - lease from WisDOT 2006 T W, B, S(ng), Aw (11mi), R (6mi), Sn (34mi) NOR NWD Bearskin State Trail 1973 Minocqua-Harshaw DNR Oneida Open Yes YES 22 Fee 1974 A,D W, B, S(ng), Sn WCR NWD Buffalo River State Trail 1976 Fairchild-Mondovi DNR Eau Claire, Jackson, Trempealeau, Buffalo Open Yes YES 36 Fee 1978 A,D W, B, H, A, S(ng), Sn, SCR SWD 2000 Madison-Fitchburg County Dane Open Yes NO 17 County has land rights No T W, B, R, S(ng) NOR NWD Cattail State Trail 1999 Amery-Almena County Polk, Barron Open No YES 18 NITU 1999 (EA) W, B, A, Sn, H, S(ng) WCR NWD Chippewa River State Trail 1985 Eau Claire-Durand DNR Eau Claire, Dunn, Pepin Open Yes YES 30 Fee 1996 W, B, Sn (22mi), R (18mi), S(ng) NER NED Devil's River State Trail 2003 Denmark-Rockwood County Brown, Manitowoc Open No YES 15 (8) Fee No D W, B, S(ng), Sn NER/SER NED/SED Eisenbahn State Trail 2003 Eden-West Bend County Fond du Lac, Washington Open No YES 25 NITU IP W, B, S(ng), Sn (19mi), Aw (12mi), R (5mi) WCR NWD Elroy-Sparta State Trail 1965 Elroy-Sparta DNR Juneau, Monroe Open Yes YES 32 Fee 1973 A,D,T W, B, Sn, S(ng) NER NED Fox River State Trail 1991 Hilbert-Green Bay County Brown, Calumet Open Yes YES 25 NITU 1999 D,T W, B, R, S(ng)(14mi), Sn (14mi), H (10.25mi), R (11mi) NER NED 2000 Brillion-Forest Junction County Calumet Open No YES 4 Fee No W, B, Sn, H, S(ng) NOR NWD Gandy Dancer State Trail 1989 St. Croix Falls-Superior County Polk, Burnett, Douglas Open Yes YES 62 Fee 1990 T W, B, H (15mi), Sn, A (15mi), Aw (30mi) SCR/SER SED/SWD Glacial Drumlin State Trail 1984 Waukesha-Cottage Grove DNR Waukesha, Jefferson, Dane Open Yes YES 52 Fee 1987 A,D,T W, B, R (13mi), S(ng), Sn (39mi) WCR NWD Great River State Trail 1986 Onalaska-Marshland DNR La Crosse, Trempealeau Open Yes YES 24 Fee 1986 T W, B, Sn, S(ng) SCR SWD Great Sauk State Trail 2017 Sauk Prairie-Sauk Prairie Rec Area County Sauk Open Yes YES 5 None - lease from WisDOT 2016 W, B, R WCR NED Green Circle State Trail 1992 Stevens Point County Portage Open No NO 31 County owns in Fee No W, B (29mi), S(g)(6mi), S(ng)(25mi) SER SED 1996 Milwaukee-West Allis DNR Milwaukee Open No YES (part) 12 Fee and NITU 1996 T W, B, R (11mi) WCR NWD Hillsboro State Trail 1988 Hillsboro-Union Center County Vernon, Juneau Open Yes YES 4 Fee 1988 (MOU) T W, B, Sn, S(ng) ALL ALL 1988 Statewide, 30 counties Varies ***** Open No NO****** 655 Varies 1983******** A W, S(ng), Sn (varies by section), other uses possible when on another trail WCR NWD LaCrosse River State Trail 1978 La Crosse-Sparta DNR La Crosse, Monroe Open Yes YES 22 Fee 1982 A,D,T W, B, Sn, S(ng) NER NED Mascoutin Valley State Trail 1996 Ripon-Berlin, Rosendale-Fond du Lac County Fond du Lac, Green Lake, Winnebago Open No YES 21 Fee 1983 A W, B, H (17.5mi), Sn, S(ng) SCR SWD Military Ridge State Trail 1981 Fitchburg-Dodgeville DNR Dane, Iowa Open Yes YES 40 Fee 1983 D,T W, B, R (2.5mi), Sn (37.5mi), S(ng) SCR SWD Mound View State Trail 1974/2018 Belmont-Platteville County Lafayette, Grant Open Yes YES (part) 7 Fee No A, T W, B, R NER/WCR NED/NWD Mountain-Bay State Trail 1993 Wausau-Green Bay County Marathon, Shawano, Brown Open Yes YES 83 NITU 1998 T W, B, H (51mi), Sn (78mi), S(ng) NER NED Newton Blackmour State Trail 2003 New London-Seymour County Outagamie Open No YES 22 (1) NITU No W, B, H, Sn, S(ng) NER/NOR NED 1999 Gillett-Townsend (state line) County Oconto, Forest, Florence Open No YES 89 Fee - state railbanked and NITU 1999 W, B, As (89mi), Aw (47mi), S(ng), Sn, Hs, Hw (47mi) NOR NWD 2001 Spans northern WI, 4 counties Varies Douglas, Bayfield, Ashland, Iron Open No NO 121 Various 1998********* A W, S(ng) NER NED Oconto River State Trail 1997 Oconto-Stiles Junction County Oconto Open No YES 8 NITU No W, B, Sn, S(ng) WCR NWD State Trail 1990 Chippewa Falls-Cornell County Chippewa Open Yes YES 20 Fee 1996********** D,T W, B, H (6mi),Sn, R, S(ng) SCR SWD Pecatonica State Trail 1974 Belmont-Calamine County Lafayette Open Yes YES 10 Fee 1978 A,D W, B, H, A, Sn, S(ng) WCR NWD Red Cedar State Trail 1973 Menomonie-Chippewa River DNR Dunn Open Yes YES 15 Fee 1996 A,D W, B, S(g) (7mi), S(ng)(8mi), Sn(2mi) NOR NWD Saunders State Trail 1991 Superior-Frogner, MN County Douglas Open No YES 8 Fee 1993 W, B, H, Sn, A, S(ng) NOR NWD Stower Seven Lakes State Trail 2003 Amery-Dresser County Polk Open Yes YES 14 NITU 2004 W, B, S(g) SCR SWD 1972 New Glarus-Broadhead DNR Green Open Yes YES 24 Fee 1975 A,D W, B, Sn, S(ng) WCR/NER NED Tomorrow River State Trail 1996 Plover-Manawa County Portage, Waupaca Open Yes YES 29 NITU 1997 T,D W, B, H, Sn, S(ng) NOR NWD Tuscobia State Trail 1966 Park Falls-Rice Lake DNR/County Price, Sawyer, Washburn, Barron Open No YES 75 Fee - also swap with WisDOT 1984 A,D W, B, H, S(ng), Sn, Aw (51mi), As (65mi) SER SED 1999 Elkhorn-Lyons, Burlington-Kansasville County Walworth, Racine Open Yes YES 19 (1) Fee - also state railbanked, NITU 1999 (EA) W, B, H (2mi), Sn, S(ng) SCR/NER NED Wild Goose State Trail 1986 Fond du Lac-Clyman Jct. County Fond du Lac, Dodge Open No YES 34 Fee 1989 D, T W, B, Aw (20mi), H (14mi), Sn, S(ng) NOR NWD Wild Rivers State Trail 1993 Rice Lake-Solon Springs County Barron, Washburn, Douglas Open No YES 104 (1) Fee - also swap with WisDOT 1998 W, B, H, Sn, A, S(ng) NER NED 1992 Oshkosh-Hortonville, Split Rock-Aniwa County Winnebago, Outagamie, Shawano, Waupaca Open No YES 41 Fee 1995 A,T W, B, H, Sn, S(ng) NOR NED Wolf River State Trail 2003 Crandon-White Lake County Langlade, Forest Open No YES 37 NITU 2006 W, B, H (14mi), Sn, S(ng), A (14mi), Aw (33mi) 39 rail trails TOTALS: 28 County 24 yes 2033 Total miles of designated state trails, 13 DNR 20 no 2022 miles currently open to the public 3 Various

*This is the complete list of designated state trails, which comprise the State Trail System, with the exception of the Lake Michigan State Water Trail. **Fee = Fee title ownership *The State Trail System exists under the authority of section 23.175 of Wisconsin Statutes. ********Comprehensive Plan for Management and Use **NITU = Notice of Interim Trail Use (federally railbanked). *State Trails are designated as such under the authority of Administrative Code NR 51.73. *********Implementation Plan *All DNR-owned linear trails are designated state trails. Trails not owned by the state may become designated state trails under the terms of NR 51.73. **********Chippewa Valley State Trail System Master Plan EA = Feasibility and Environmental Assessment Some trails are comprised of multiple segments, acquired in different ways. MOU = Memorandum of Understanding ***LWCF = Land and Water Conservation Fund. Trails that have received this funding are indicated with an A (acquisition) and/or D (development). and North Country Trail, which have received federal-side LWCF dollars. TE = Transportation Enhancements/Transportation Alternatives. Federal funding. Motorized vehicles, with the exception of snowmobiles, are not allowed on projects that have received TE or TAP money.

*****Polk, Burnett, Barron, Washburn, Rusk, Chippewa, Taylor, Price, Lincoln, Langlade, Marathon, Portage, Waupaca, Waushara, Marquette, Adams, Sauk, Colombia, Dane, Green, Rock, Walworth, Jefferson, Waukesha, Washington, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Door

******Parts of the Ice Age Trail are shared with rail trails (Ahnapee, Badger, Gandy Dancer, Sugar River, Tuscobia, Glacial Drumlin, Eisenbahn, Mountian-Bay, Military Ridge, Wild Rivers, Old Abe)

******* W = Walk, B = Bike, R = Inline Skating, H = Horse, Hw = Horse winter only, Hs = Horse summer only, A = ATV/UTV, Aw = ATV/UTV winter only, As = ATV/UTV summer only, Sn=Snowmobile, S(ng) = Cross-Country Ski (not groomed), S(g) = Cross Country Ski (groomed), U = Undecided (Master Plan will determine) Any one use may not be allowed for the entire length of the trail. Limited uses are indicated in bold. Allowed uses are not necessarily recommended uses.

Printed: 02/27/2019 From: Winebar, Roberta J - DNR To: VanPrice, Kathie - DOT; Lipke, Bryan - DOT; Doperalski, James P - DNR Cc: Vanlanduyt, Melissa A - DNR (Missy); Raleigh Moses, Kelly L - DNR Subject: RE: 4556-02-00, Southern Bridge Corridor, Community Financial Assistance (CFA) Funding for Public Lands Date: Wednesday, March 11, 2020 9:14:26 AM Attachments: image001.png image002.png image003.png image004.png image005.png De Pere.pdf

Kathie, I didn’t find any stewardship funding in the “Preserve” area. I also talked to the Marty Kosobucki, Parks, Recreation and Forestry Director for the City of De Pere, and he stated that he didn’t know of any stewardship funding used for acquisition or development of the Preserve. He also thought that the stewardship sign was placed along the trail since there aren’t any designated trails/access on the Creamery Road parcel. The only stewardship funded parcel that may be affected, if you go with the southern route, would be the one on Creamery Road. If the Stewardship parcel along Creamery Road is affected by the project, then Section 4(f) comes into play. Let me know if you have any other questions! We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Bobbi Winebar Phone: (920) 662-5175 [email protected] From: VanPrice, Kathie - DOT Sent: Wednesday, March 4, 2020 6:21 AM To: Winebar, Roberta J - DNR ; Lipke, Bryan - DOT ; Doperalski, James P - DNR Cc: Vanlanduyt, Melissa A - DNR (Missy) ; Raleigh Moses, Kelly L - DNR Subject: RE: 4556-02-00, Southern Bridge Corridor, Community Financial Assistance (CFA) Funding for Public Lands All, I took this photo last night in the Preserve (it was a beautiful night for a quick walk!). It sits by the bridge over Ashwaubenon Creek. According to the county’s GIS site, the park consists of several parcels, so I’m not sure if it applies to one parcel or the whole park. Thanks for any clarification you can provide. Kathie From: Winebar, Roberta J - DNR Sent: Tuesday, March 03, 2020 2:49 PM To: Lipke, Bryan - DOT ; Doperalski, James P - DNR Cc: VanPrice, Kathie - DOT ; Vanlanduyt, Melissa A - DNR (Missy) ; Raleigh Moses, Kelly L - DNR Subject: RE: 4556-02-00, Southern Bridge Corridor, Community Financial Assistance (CFA) Funding for Public Lands To answer the first bullet point, whenever Land and Water Conservation Funding is used on a portion of a trail, the 6(f)(3) boundary encompasses the whole trail that the grantee manages/owns. As to the second bullet point, the only grant information that I could find was the acquisition for the parcel along Creamery Road that Jim mentioned below. Let me know if you need any other information! We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

Bobbi Winebar Phone: (920) 662-5175 [email protected] From: Lipke, Bryan - DOT Sent: Tuesday, March 3, 2020 9:45 AM To: Doperalski, James P - DNR Cc: VanPrice, Kathie - DOT ; Winebar, Roberta J - DNR ; Vanlanduyt, Melissa A - DNR (Missy) ; Raleigh Moses, Kelly L - DNR Subject: RE: 4556-02-00, Southern Bridge Corridor, Community Financial Assistance (CFA) Funding for Public Lands Jim, Thanks for this information its extremely helpful. Two items that perhaps you can help Kathie and I clarify. The first bullet notes a variety of funding mechanisms for the Fox River State Trail. Is the DNR aware if any of this funding was used specifically for the portion of the trail in our study area (between Heritage Road and Rockland Road in De Pere). At this point we are most interested in Land and Water conservation funding. There is no mention of Preserve Park and the trail that runs through it in De Pere. Can the DNR let us know if any Community Financial Assistance was used for this park. Thank you again, Bryan Lipke, P.E. Planning Project Manager Wisconsin Department of Transportation Northeast Region Phone: (920) 492-5703 Cell Phone: (920) 360-9196 [email protected] wisconsindot.gov If this is related to a records request, please email: [email protected] From: Doperalski, James P - DNR To: Lipke, Bryan - DOT Cc: VanPrice, Kathie - DOT; Winebar, Roberta J - DNR; Vanlanduyt, Melissa A - DNR (Missy); Raleigh Moses, Kelly L - DNR Subject: 4556-02-00, Southern Bridge Corridor, Community Financial Assistance (CFA) Funding for Public Lands Date: Friday, February 14, 2020 1:45:53 PM Attachments: image001.png image002.png image003.png image004.png image006.png

Bryan, Below is a summary of the known funding through Community Financial Assistance (CFA) There is Land and Water Conservation Funding, Stewardship Funding (Acquisition and Development of Local Parks (ADLP), ORAP (precursor to Stewardship) Urban Rivers (UR), and Recreational Trails Program (RTP) funding on both the East River Trail and Fox River State Trail. There is one parcel (Hutjens) along Creamery Road in the City of De Pere that is part of the Ashwaubenon Creek area that was acquired with Stewardship (Urban Green Space (UGS)) funding that depending on where the final road plan is, this property may be an issue – it is currently right on the edge of the buffer area. No known CFA funding associated with Kiwanis Park or the Lions Trailside Estates Park. If for some reason the final route changes for Alt. 2 and it comes closer to French Ct, there is a parcel on the south side of French Ct. that is part of the Southwest Park in the City of De Pere that was acquired with funding from Stewardship (Urban Green Space (UGS)). There could be Priority Watershed Grants in the project area that will need to be researched. This information is based on Alternatives 1 and 2 that were sent me via email on January 31, 2020. If you have any questions, please contact me. We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.

James P. Doperalski Jr. Environmental Analysis and Review Specialist, Advanced – Bureau of Environmental Analysis and Sustainability Wisconsin Department of Natural Resources 2984 Shawano Avenue, WI 54313 Phone: (920) 412-0165 Fax: (920) 662-5413 [email protected]

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