HomeMy WebLinkAboutItem 7PLAN COMMISSION STAFF REPORT MAY 5, 2026
ITEM 7: Grant Privilege-in-the-Street for Private Groundwater Monitoring Well Near
1900 West Fernau Avenue
Applicant: Bill Fagan RCDD CC&N
Owner: Winnebago County Solid Waste Department
Action Requested: The applicant requests a Privilege-in-the-Street to allow for installation of a
private ground water monitoring well for the purposes of monitoring on going ground water
contamination levels surrounding the closed Snell Road County Landfill site.
Applicable Ordinance Provisions: N/A, but any location of a non-city or public utility use in
City right-of-way requires the issuance of a Privilege-in-the-Street permit.
Property Location and Type/Analysis: The private groundwater monitoring well will occupy
underground and surface space within the West Fernau Avenue public right-of-way. The
approximate location of the monitoring well and protective bollards is 350 feet east of the Walter
Street and West Fernau Avenue intersection, measured along the street centerline, and near the
north right-of-way line of West Fernau Avenue.
According to the submitted narrative, the Winnebago County Solid Waste Department continues
to perform periodic groundwater testing on and adjacent to the closed landfill property. The
department is installing the new groundwater monitoring well at the direction of the Wisconsin
Department of Natural Resources.
The monitoring well’s construction and installation are designed to maintain a small footprint
within the public right-of-way. The applicant’s proposal acknowledges the need to minimize
impacts to existing right-of-way infrastructure and underground utilities during installation of
the private well. The newly installed monitoring well will be protected by bollards and secured
with a locked cap to prevent unauthorized access or interference.
The applicant will coordinate with Engineering and Utilities to ensure no conflicts arise with City
utilities, traffic flow, driveways, sight lines, or other right-of-way features. Engineering and
Utilities have reviewed the request and have no concerns with the proposed installation that
cannot be addressed through a Privilege-in-the-Street Agreement.
Aerial View of proposed P-78C well Location
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Item 7 - Privilege in Street – 1900 W Fernau Avenue
Recommendation/Conditions:
Staff recommends approval of the request for Privilege-in-the-Street with the following
conditions:
1.The petitioner/owner shall follow the current edition of the Standard Specifications for the
City of Oshkosh, Wisconsin for all construction related to the installation and maintenance
of the private utility within the public right-of-way, including all applicable Municipal
Codes.
2.The petitioner/owner shall work with the Department of Engineering and Utilities
regarding the precise location of the underground private utility line within the public
right-of-way. The Department of Engineering and Utilities shall approve the precise
location, but the approval of the utility location shall not be unreasonably denied.
3.The petitioner/owner shall apply for and obtain the appropriate right-of-way license and
permit. The petitioner/owner shall not perform any work within the public right-of-way
until an issued right-of-way permit has been granted by the Department of Engineering
and Utilities for all work related to the Privilege-in-the-Street, including any future
maintenance work.
4.The petitioner/owner is responsible for all costs, expenses, and damages to the extent they
are related to the petitioner/owner’s activities pursuant to the Privilege-in-the-Street. Any
problems that may arise as a result of the private utility line installation will be the
responsibility of the petitioner/owner to correct. Petitioner/owner shall notify the
Department of Engineering and Utilities immediately upon being made aware of such
damages occurring.
5. The petitioner/owner shall secure and submit to the City Clerk a separate insurance policy
which names the City of Oshkosh, and its officers, Council Members, agents, employees,
and authorized volunteers as additional insureds with a minimum commercial general
liability coverage of $200,000 per occurrence and $500,000 in general aggregate coverage.
It is the responsibility of the petitioner/owner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to do so
may result in the revocation of the Privilege-in-the-Street within ten (10) days of notice.
6.The petitioner/owner shall be registered with Diggers Hotline System for the purposes of
having the private underground utility properly marked and located in conformance with
all Digger’s Hotline System requirements for the duration in which the private utility
remains active within the public right-of-way.
7.The petitioner/owner shall enter into a Privilege-in-the-Street Agreement with the City of
Oshkosh that will formalize the private utility within the public right-of-way and all
application conditions here applied and added to by City Staff who are authorized to
include additional conditions that are in the best interest of the City. The
petitioner/owner shall take into consideration the City’s use of the right-of-way and, as a
result, plan its actions to provide the least amount of disruption that is reasonably
possible to the operation of the public right-of-way and all active underground utilities.
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pw:\Winnebago Co SWMB WI\2026\0026W002.11\4000 Regulatory Agency Correspondence\Monitoring Well Installation - Right of Way Permits\L-
Privilege in the Street Application.docx
2121 Innovation Court, Suite 100
P.O. Box 5095
De Pere, WI 54115
(920) 497-2500
foth.com
March 19, 2026
Department of Planning Services
City of Oshkosh
215 Church Avenue, Room 204
P.O. Box 1130
Oshkosh, WI 54901
RE: Privilege in the Street Application – Groundwater Monitoring Well Installation P-78C
Winnebago County Solid Waste Department
To Whom It May Concern:
On behalf of the Winnebago County Solid Waste Department (WCSWD), Foth Infrastructure &
Environment, LLC (Foth) is submitting this letter to provide submittal requirements for the
Privilege in the Street Application for the installation of one groundwater monitoring well in the
right-of-way of Fernau Avenue in Oshkosh, WI.
WCSWD and their contractor intend to install the new groundwater monitoring well as an
extension of their groundwater monitoring network for the closed Snell Road Landfill, as
requested by the Wisconsin Department of Natural Resources.
The monitoring well will be installed using a track-mounted drill rig that will access the location
from Fernau Avenue and will not block the road during installation. Any support trucks will also be
parked off the road to the extent possible. The installation will be completed over a few days (as
weather permits) once permit approval is received. Installation will occur on a weekday, during
business hours. The installation will produce some noise and a minimal amount of dust is
anticipated. The monitoring well installation will be finished with a PVC pipe sticking up
approximately 3 feet above ground surface, covered with a steel well casing and surrounded by
approximately three bollards, all painted yellow to protect the monitoring wells from being struck
by a vehicle. The cover pipe and bollards will be located such that they do not block traffic on the
road, shoulders, or driveways. Drawing No. 1 depicts the location of the proposed monitoring well
(highlighted) and Drawing No. 2 indicates general monitoring well design. Prior to the start of well
drilling, Digger’s Hotline will be contacted to identify any utilities in the project area. The well will
be located away from existing driveways and the city’s storm sewer piping.
The monitoring well will be sampled by landfill personnel periodically, which will involve a vehicle
parking along the road and access to the well on foot. When not being sampled, the monitoring
well will remain secured to prevent any unauthorized access. The monitoring well is expected to
remain in service for the foreseeable future.
Pageck
Department of Planning Services
City of Oshkosh
March 19, 2026
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pw:\Winnebago Co SWMB WI\2026\0026W002.11\4000 Regulatory Agency Correspondence\Monitoring Well Installation - Right of Way Permits\L-
Privilege in the Street Application.docx
The area for well installation is currently not developed as it is in the road right-of-way but
adjacent to industrial activities.
The area is further described for Fernau Avenue proposed well location for P-78C as follows:
Zoning: Industrial
City of Oshkosh
Located adjacent to a commercial/industrial facility owned by HH&M Leasing
Well location may be slightly modified to avoid underground utilities and any other existing
infrastructure identified in the field.
Please contact Sara Beine at (920) 496-6707 with any further questions.
Sincerely,
Foth Infrastructure & Environment, LLC
Sara Beine, P.E. Heather L. Hallett, P.G.
Environmental Engineer Project Hydrogeologist
Licensed in WI Licensed in WI, IL, PA
cc: Kathy Hutter and Ryan Beiber, Winnebago County Solid Waste Department
Enclosures
Pagec3
Drawn By:
Date:Revision Date:
Checked By:Scope:
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Cell D-4 Cell D-2
Cell D-3 Cell D-1
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Property Boundary
MH-7
Proposed
P-75C
Location
Loren's 41
Truck and Auto
Omni Glass& Paint Inc.
Fountain Tavern
GV537
FW945
OW-71AP-71B
P-71C
P-70-70
P-70-45P-70-25
P-10-20RP-10-40
P-10-60AR
P-10B
P-1-70P-1-45P-2-20R
P-38C
P-38B
P-38AR
P-39A
P-39B
P-39C
P-28P-28A
P-3-20R
P-3-40R
P-27
P-27A P-26BP-26AP-26 P-25
P-25A P-4-20R
P-4-40R
P-22
P-22AR
P-11-60R
P-11-40
P-11-20R
P-24P-24A
P-20
P-20A
P-34A
P-34B
P-32P-32A
P-19-1
P-19A-1
P-37-B1P-37A
P-37C
P-33A
P-33B
P-33C
P-14A
OW-50
P-50A
P-36AP-36BP-36C
P-9-40A
P-9-60A
P-36A
P-36B
P-36C
P-31P-31A
P-17C
P-8-60AP-8-40
P-5BP-5-20AP-5-40AP-5-60A
P-40C P-7-20AP-7-60A
OW-53P-43A
P-23P-23A
P-52AOW-52OW-51P-51A
P-43A
P-43P-6-60R
P-6-20R
Proposed
P-79A
P-79B
P-79C
Location
P-72C
Proposed
P-78C
Location
Proposed
P-77C
Location
Proposed
P-76C
Location
Proposed
P-30C
Location
P-73C
P-74C
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New Mathwig
(101)
New
Winnebago/Altmann
(100)
Fasco 4
(096)
Walter
(099)
Gallinger 2
(130)
Gallinger
(061)
3295
Vinland
(062)
Wara
(094)
3159
Vinland
(063)
=8612 AH706
This drawing is neither a legally recorded map nor a survey and is
not intended to be used as one. This drawing is a compilation of
records, information and data used for reference purposes only.
NOTES:1. Base map from esri.com, courtesy of the Microsoft Corporationand its data suppliers.2. Horizontal coordinate system is NAD 1983 Winnebago County (feet).3. Well P-72C will be installed according to NR 141 requirements and will be screened at approximately 720-725’.4. Right of way permit to be acquired prior to installation.5. City water service line location approximated. Omni Glass and Paint Inc. is thought to be serviced by city water.6. Vertical well information based off of Winnebago County Contoursand well construction logs7. Fountain Tavern indicated they had their own private well.Well information not verified due to lack of construction log.
Path: Q:\Winnebago Co SWMB\25W002.01\GIS\aprx\Winnebago_Well_Permits.aprx Date: 3/18/2026
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WINNEBAGO CO. - SNELL ROAD LANDFILL
DOWNGRADIENT INVESTIGATION
FIGURE 1
ACS
MARCH 2026
26W002.11SMB2
0 250 500
Feet
LEGEND
<A Existing Groundwater Monitoring Well
"<A)Proposed Groundwater Monitoring Well
!!#Approximate Private Well Location and DNR ID
Private Wells (not verified)
!!2 Leachate Manhole Location
"J Sanitary Sewer Lift Station
Approximate City Water Service Line
Property Boundary
Cell Phase Limits
Tax Parcels
Sara Beine, Foth
2121 Innovation CT
De Pere, WI 54115
920-496-6707
sara.beine@foth.com
CONTACT INFORMATION
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