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FRAC SAND MININGFRAC SAND MININGROADWAY IMPACTSROADWAY IMPACTS

Bruce G. StelznerBruce G. Stelzner

Chippewa County Highway CommissionerChippewa County Highway Commissioner

Wisconsin County Highway Association – PresidentWisconsin County Highway Association – President

National Association of County Engineers – State DirectorNational Association of County Engineers – State Director

EXISTING ROADWAYSEXISTING ROADWAYS

NORMAL & HISTORIC USENORMAL & HISTORIC USE SAND LIFTS, GRAVEL BASE, SAND LIFTS, GRAVEL BASE,

SURFACESURFACE EXISTING ROADWAY GEOMETRYEXISTING ROADWAY GEOMETRY EXISTING TRAFFIC VOLUMESEXISTING TRAFFIC VOLUMES EXISTING TRUCK TRAFFICEXISTING TRUCK TRAFFIC

LAND USE CHANGELAND USE CHANGE

FRAC SAND MINING USUALLY FRAC SAND MINING USUALLY REQUIRES A LAND USE CHANGEREQUIRES A LAND USE CHANGE

ZONING WILL CHANGE FROM ZONING WILL CHANGE FROM AGRICULTURAL USE TO AGRICULTURAL USE TO COMMERCIAL OR INDUSTRIAL COMMERCIAL OR INDUSTRIAL USEUSE

TRAFFIC GENERATING TRAFFIC GENERATING ENTERPRISE WILL BE ENTERPRISE WILL BE CONSTRUCTEDCONSTRUCTED

PROJECT PROJECT COORDINATIONCOORDINATION

TOWN BOARD/PLAN COMMISSIONTOWN BOARD/PLAN COMMISSION COUNTY ZONING DEPARTMENTCOUNTY ZONING DEPARTMENT COUNTY LAND CONSERVATION COUNTY LAND CONSERVATION

DEPT.DEPT. COUNTY HIGHWAY DEPARTMENTCOUNTY HIGHWAY DEPARTMENT WI DEPT. OF TRANSPORTATIONWI DEPT. OF TRANSPORTATION

ROADWAY ACCESSROADWAY ACCESS

ROADWAY ACCESS PERMIT ROADWAY ACCESS PERMIT PROCESSPROCESS

RESIDENTIAL, COMMERCIAL, RESIDENTIAL, COMMERCIAL, INDUSTRIAL ACCESS ORDINANCESINDUSTRIAL ACCESS ORDINANCES

TOWN ROADWAY ACCESS PERMITTOWN ROADWAY ACCESS PERMIT COUNTY HIGHWAY ACCESS COUNTY HIGHWAY ACCESS

PERMITPERMIT STATE HIGHWAY ACCESS PERMITSTATE HIGHWAY ACCESS PERMIT

TOOLSTOOLS

WI STATS CHAP 82 TOWN ROADSWI STATS CHAP 82 TOWN ROADS WI STATS CHAP 86 MISC HIGHWAY WI STATS CHAP 86 MISC HIGHWAY

PROVISIONSPROVISIONS WI STATS CHAP 348 VEHICLES - WI STATS CHAP 348 VEHICLES -

SIZE WEIGHT AND LOADSIZE WEIGHT AND LOAD WI STATS CHAP 349 STATE AND WI STATS CHAP 349 STATE AND

LOCAL POWERSLOCAL POWERS WISDOT FACILITIES WISDOT FACILITIES

DEVELOPMENT MANUAL (FDM)DEVELOPMENT MANUAL (FDM)

TOWN ROADSTOWN ROADS 82.0382.03   Duties of town board. Duties of town board. (1) (1)  Oversight   Oversight

of highways, superintendent of highways. of highways, superintendent of highways. (a)(a) The town board shall have the care and The town board shall have the care and supervision of all highways under the town's supervision of all highways under the town's jurisdiction, including the highways specified in jurisdiction, including the highways specified in s. s. 83.06. The town board may appoint in writing . The town board may appoint in writing a superintendent of highways to supervise, a superintendent of highways to supervise, under the board's direction, the construction, under the board's direction, the construction, repair, and maintenance of the highways and repair, and maintenance of the highways and bridges under the town's jurisdiction. Where no bridges under the town's jurisdiction. Where no superintendent of highways is appointed, it shall superintendent of highways is appointed, it shall be the duty of the town board to perform all of be the duty of the town board to perform all of the duties that are prescribed by law for the the duties that are prescribed by law for the superintendent of highways to perform, superintendent of highways to perform, including keeping the highways passable at all including keeping the highways passable at all times. times.

WI STAT CHAP 86WI STAT CHAP 86

86.02 86.02 Injury to highway. Injury to highway. Any person Any person who shall injure any highway by who shall injure any highway by obstructing or diverting any creek or obstructing or diverting any creek or watercourse or sluiceway, or by watercourse or sluiceway, or by dragging logs or timber thereon, dragging logs or timber thereon, or by or by any other actany other act, shall be liable in treble , shall be liable in treble damages, to be recovered by the damages, to be recovered by the political division chargeable with the political division chargeable with the maintenance of highway injured, and maintenance of highway injured, and the amount recovered shall be credited the amount recovered shall be credited to the highway maintenance fund. to the highway maintenance fund.

WI STAT CHAP 348WI STAT CHAP 348 348.16348.16   Weight limitations on class "B" highways. Weight limitations on class "B" highways.

(1)(1) In this section:  In this section: (b) (b) "Class `B' highway" includes "Class `B' highway" includes those county trunk highways, town highways and city and those county trunk highways, town highways and city and village streets, or portions thereof, which have been village streets, or portions thereof, which have been designated as class "B" highways by the local authorities designated as class "B" highways by the local authorities pursuant to s. pursuant to s. 349.15. . (2) (2) Except as provided in sub.  Except as provided in sub. (3) and s. and s. 348.175 and subject to any modifications made by a and subject to any modifications made by a city of the first class pursuant to s. city of the first class pursuant to s. 349.15 (3), no person, , no person, without a permit therefore, shall operate on a class "B" without a permit therefore, shall operate on a class "B" highway any vehicle or combination of vehicles imposing highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on the wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weights authorized highway exceeding 60 percent of the weights authorized in s. in s. 348.15 (3). . (3) (3) Any motor vehicle whose operation is  Any motor vehicle whose operation is pickup or delivery, including operation for the purpose of pickup or delivery, including operation for the purpose of moving or delivering supplies or commodities to or from moving or delivering supplies or commodities to or from any place of business or residence that has an entrance on any place of business or residence that has an entrance on a class "B" highway, may pick up or deliver on a class "B" a class "B" highway, may pick up or deliver on a class "B" highway without complying with the gross vehicle weight highway without complying with the gross vehicle weight limitations imposed by sub. limitations imposed by sub. (2). . History: History: 1981 c. 312; ; 2001 a. 16; ; 2009 a. 177..

WI STAT CHAP 348WI STAT CHAP 348 348.17348.17   Special or seasonal weight Special or seasonal weight

limitations.limitations. (1) (1) No person, whether operating  No person, whether operating under a permit or otherwise, shall operate a under a permit or otherwise, shall operate a vehicle in violation of special weight limitations vehicle in violation of special weight limitations imposed by state or local authorities on particular imposed by state or local authorities on particular highways, highway structures or portions of highways, highway structures or portions of highways when signs have been erected as highways when signs have been erected as required by s. required by s. 349.16 (2) giving notice of such giving notice of such weight limitations, except when the vehicle is weight limitations, except when the vehicle is being operated under a permit expressly being operated under a permit expressly authorizing such weight limitations to be authorizing such weight limitations to be exceeded. exceeded. (2) (2) Whenever the operator of a vehicle  Whenever the operator of a vehicle is ordered by the officer or agency in charge of is ordered by the officer or agency in charge of maintenance or by a traffic officer to suspend maintenance or by a traffic officer to suspend operation of such vehicle because of the damage operation of such vehicle because of the damage such vehicle is causing or likely to cause to the such vehicle is causing or likely to cause to the highway or the public investment therein, the highway or the public investment therein, the operator shall forthwith comply with such order. operator shall forthwith comply with such order.

WI STAT CHAP 349WI STAT CHAP 349 349.15349.15   Authority to modify weight Authority to modify weight

limitations and classify highways.limitations and classify highways. (1)(1) The  The limitations on size and weight imposed by ch. limitations on size and weight imposed by ch. 348348 are lawful throughout the state and local are lawful throughout the state and local authorities may not alter such limitations except authorities may not alter such limitations except as otherwise provided in this chapter. as otherwise provided in this chapter. (2) (2) The  The county highway committee with respect to the county highway committee with respect to the county trunk highway system and the local county trunk highway system and the local authorities with respect to highways maintained authorities with respect to highways maintained by them may designate all or parts of such by them may designate all or parts of such highways to be class "B" highways for the highways to be class "B" highways for the purpose of putting into effect the weight purpose of putting into effect the weight limitations set forth in s. limitations set forth in s. 348.16348.16, except that no , except that no portion of any such highway which is a state portion of any such highway which is a state trunk highway or connecting highway may be so trunk highway or connecting highway may be so designated. designated.

WI STAT CHAP 349WI STAT CHAP 349 349.16349.16   Authority to impose special or seasonal weight limitations. Authority to impose special or seasonal weight limitations.

(1)(1) The officer in charge of maintenance in case of highways maintained by  The officer in charge of maintenance in case of highways maintained by a town…. may: a town…. may: (a) (a) Impose special weight limitations on any such highway Impose special weight limitations on any such highway or portion thereof which, because of weakness of the roadbed due to or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary condition, deterioration or climatic conditions or other special or temporary condition, would likely be seriously damaged or destroyed in the absence of such would likely be seriously damaged or destroyed in the absence of such special limitations; special limitations; (b) (b) Impose special weight limitations on bridges or Impose special weight limitations on bridges or culverts when in its judgment such bridge or culvert cannot safely sustain culverts when in its judgment such bridge or culvert cannot safely sustain the maximum weights permitted by statute; the maximum weights permitted by statute; (c) (c) Order the owner or Order the owner or operator of any vehicle being operated on a highway to suspend operation if operator of any vehicle being operated on a highway to suspend operation if in its judgment such vehicle is causing or likely to cause injury to such in its judgment such vehicle is causing or likely to cause injury to such highway or is visibly injuring the permanence thereof or the public highway or is visibly injuring the permanence thereof or the public investment therein, except when s. investment therein, except when s. 84.2084.20 is applicable or is applicable or when the vehicle when the vehicle is being operated pursuant to a contractis being operated pursuant to a contract which provides that the which provides that the governmental unit will be reimbursed for any damage done to the highway. governmental unit will be reimbursed for any damage done to the highway. Traffic officers also may order suspension of operation under the Traffic officers also may order suspension of operation under the circumstances and subject to the limitations stated in this paragraph. circumstances and subject to the limitations stated in this paragraph. (2) (2)  Imposition of the special weight limitations authorized by sub. Imposition of the special weight limitations authorized by sub. (1) (a)(1) (a) shall shall be done by erecting signs on or along the highway on which it is desired to be done by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable notice that a special impose the limitation sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation. Imposition of weight limitation is in effect and the nature of that limitation. Imposition of the special weight limitations authorized by sub. the special weight limitations authorized by sub. (1) (b)(1) (b) shall be done by shall be done by erecting signs before each end of the bridge or culvert to which the weight erecting signs before each end of the bridge or culvert to which the weight limitation applies sufficient to give reasonable notice that a special weight limitation applies sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation. All weight limitation limitation is in effect and the nature of that limitation. All weight limitation signs and their erection shall comply with the rules of the department and signs and their erection shall comply with the rules of the department and shall be standard throughout the state. shall be standard throughout the state.

WisDOT FDMWisDOT FDM Both Wisconsin’s Department of Transportation’s Both Wisconsin’s Department of Transportation’s

Facility Development Manual (FDM) and State Facility Development Manual (FDM) and State Statutes give local governments the tools Statutes give local governments the tools necessary to manage roadway impacts necessary to manage roadway impacts associated with the construction of traffic associated with the construction of traffic generating enterprises including that of Sand generating enterprises including that of Sand Mines. The FDM contains Procedure 7-35-10 Mines. The FDM contains Procedure 7-35-10 which pertains to Traffic Impact Analyses (TIAs) which pertains to Traffic Impact Analyses (TIAs) which is an engineering study that compares which is an engineering study that compares before and after traffic conditions on a roadway before and after traffic conditions on a roadway network due to a proposed land change. The TIA network due to a proposed land change. The TIA identifies access points and roadway changes identifies access points and roadway changes necessary due to the construction of a traffic necessary due to the construction of a traffic generating enterprise and identifies the costs of generating enterprise and identifies the costs of engineering, real estate and construction and engineering, real estate and construction and assigns those costs to the proposed enterprise. assigns those costs to the proposed enterprise.

FAIR & CONSISTENTFAIR & CONSISTENT What is very important to note is that What is very important to note is that

application of the provisions found both in application of the provisions found both in the FDM and applicable State Statutes the FDM and applicable State Statutes need to be implemented by local need to be implemented by local governments for their intended purpose governments for their intended purpose which is for all traffic generating which is for all traffic generating enterprise impacts, including sand mines. enterprise impacts, including sand mines. Local governments should have a long Local governments should have a long established process for evaluating established process for evaluating roadway and access impacts for all roadway and access impacts for all commercial and industrial developments. commercial and industrial developments. By having a long established local practice By having a long established local practice you’ll find that you will treat all you’ll find that you will treat all commercial and industrial developments commercial and industrial developments fairly. Being treated fairly is a significant fairly. Being treated fairly is a significant concern to the Sand Mine Industry.concern to the Sand Mine Industry.

TRIAD of OPERATIONSTRIAD of OPERATIONS An interesting aspect of Sand Mines is that they may An interesting aspect of Sand Mines is that they may

not be stand alone operations. You may find that frac not be stand alone operations. You may find that frac sand mining may have three separate operations: the sand mining may have three separate operations: the mine site, a processing facility and a transload facility. mine site, a processing facility and a transload facility. Those operations will also have several heavily loaded Those operations will also have several heavily loaded truck movements; from the mine site to the processing truck movements; from the mine site to the processing facility; from the processing facility to the transload facility; from the processing facility to the transload facility and from the transload facility to the end user facility and from the transload facility to the end user of the processed frac sand. Also at some point the of the processed frac sand. Also at some point the return of empty trucks back to the mine site will need return of empty trucks back to the mine site will need to be considered. Remember that millions of tons of to be considered. Remember that millions of tons of frac sand may be removed, processed and transported frac sand may be removed, processed and transported annually at each of these operations and that with annually at each of these operations and that with corporate investments in the millions at each location corporate investments in the millions at each location these sites will be in operation for a significant period these sites will be in operation for a significant period of time, perhaps decades. Local governments will need of time, perhaps decades. Local governments will need to consider and evaluate existing roadway conditions to consider and evaluate existing roadway conditions for each of these movements and develop processes for each of these movements and develop processes and roadway improvements that will stand the test of and roadway improvements that will stand the test of time.time.

EXISTING CONDITIONEXISTING CONDITION One of the most important aspects needed to prepare One of the most important aspects needed to prepare

for the frac sand industry’s roadway impact is to know for the frac sand industry’s roadway impact is to know what the existing conditions are for the roadway that what the existing conditions are for the roadway that serves the potential mining site(s) operations. serves the potential mining site(s) operations. Contracting with an engineering consultant for a Contracting with an engineering consultant for a scientific analysis for existing conditions of roadway scientific analysis for existing conditions of roadway base and pavement will help in providing current base and pavement will help in providing current loading calculations and by projecting frac sand loading calculations and by projecting frac sand volumes and trucking weights the consultant will be volumes and trucking weights the consultant will be able to identify needed structural improvements for able to identify needed structural improvements for both base and pavement. Evaluations made through both base and pavement. Evaluations made through the TIA process will help in identifying other design the TIA process will help in identifying other design engineering needs such as pavement width, land engineering needs such as pavement width, land acquisition needs for right of way and turning acquisition needs for right of way and turning movement considerations at access points. Local movement considerations at access points. Local governments should be able to independently or governments should be able to independently or through the use of engineering consultants estimate through the use of engineering consultants estimate the cost of construction for these identified the cost of construction for these identified improvements. improvements.

ROAD USE ROAD USE AGREEMENTSAGREEMENTS

Once these costs have been fully identified local Once these costs have been fully identified local governments should be able to begin contractual governments should be able to begin contractual negotiations for a roadway use agreement with the negotiations for a roadway use agreement with the frac sand company (owner) as indicated above in frac sand company (owner) as indicated above in Wis. State Statute 349.16. A good agreement will Wis. State Statute 349.16. A good agreement will include recitals; identify terms and conditions; include recitals; identify terms and conditions; identify the roadway routes to be used; identify the identify the roadway routes to be used; identify the owner and authorized representatives; identify the owner and authorized representatives; identify the local government and authorized representatives; local government and authorized representatives; contain terms for payments of both roadway contain terms for payments of both roadway improvements and long term roadway improvements and long term roadway maintenance; indicate cooperation and potential maintenance; indicate cooperation and potential emergency actions; contain provisions for emergency actions; contain provisions for insurances, remedies and enforcement; contain insurances, remedies and enforcement; contain severability clauses; discuss assignabililty; contain severability clauses; discuss assignabililty; contain processes for modifications; and the process for processes for modifications; and the process for termination. termination.

QUESTIONS????QUESTIONS????

BRUCE G. STELZNER BRUCE G. STELZNER CHIPPEWA COUNTY HIGHWAY CHIPPEWA COUNTY HIGHWAY

COMMISSIONERCOMMISSIONER bstelzner@co.chippewa.wi.usbstelzner@co.chippewa.wi.us 715-726-7914715-726-7914