State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law and State Revolving Fund (SRF) Private Lead Service Line Replacement Pilot Program_HearingCity of Dubuque
City Council Meeting
Public Hearings # 03.
Copyrighted
March 18, 2024
ITEM TITLE: State Revolving Fund (SRF) Loan - Environmental Review Bipartisan
Infrastructure Lawand State Revolving Fund (SRF) Private Lead
Service Line Replacement Pilot Program and Presentation
SUMMARY: City Manager recommending approval of the resolution authorizing the
mayor to sign the El D and direct staff to submit the required
documentation and Water Department Director Christopher Lester will
provide a presentation.
RESOLUTION State Revolving Fund (SRF) Loan - Environmental
Review Private Lead Service Line Replacement Pilot Program -
Approval of an Environmental Review as Provided By SRF's
Department of Natural Resources for the Private Lead Service Line
Replacement Pilot Program
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
/_1AF_[S]:ITil=1Z1�'3
Description Type
MVM Memo City Manager Memo
Memo Staff Memo
Resolution Resolutions
EID Supporting Documentation
Maps Supporting Documentation
Presentation Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing
State Revolving Fund (SRF) Loan - Environmental Review
Bipartisan Infrastructure Law State Revolving Fund (SRF)
Private Lead Service Line Replacement Pilot Program
DATE: March 13, 2024
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Following the public hearing to review the Environmental Information Document (EID)
as required for all designated projects receiving assistance from the State Revolving
Fund (SRF) with a Finding of No Significant Impact (FNSI), Water Department Director
Christopher Lester is recommending City Council approve the resolution authorizing the
mayor to sign the EID and direct staff to submit the required documentation. Christopher
will give a presentation on the project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Christopher Lester, Water Department Director
Jenny Larson, Chief Financial Officer
Gus Psihoyos, City Engineer
Randy Gehl, Public Information Officer
Carl Plumley, Water Distribution Supervisor
Charlie Gau, Water Engineering Assistant
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Christopher Lester, Water Department Director
DATE: March 11, 2024
RE: Public Hearing
State Revolving Fund (SRF) Loan - Environmental Review
Bipartisan Infrastructure Law State Revolving Fund (SRF)
Private Lead Service Line Replacement Pilot Program
Dubuque
All-Amerim City
zoos-zaiz•2013
2017*2019
INTRODUCTION
The purpose of this memorandum is to conduct a public hearing as required for all
designated projects receiving assistance from the State Revolving Fund (SRF) with a
Finding of No Significant Impact (FNSI). The purpose of the public hearing is to review
the Environmental Information Document (EID).
BACKGROUND
On November 15, 2021, the Bipartisan Infrastructure Law (BIL) was signed by President
Biden, which includes $50 billion to the Environmental Protection Agency (EPA) to
strengthen the nation's drinking water and wastewater systems —the single largest
investment in clean water that the federal government has ever made.
The City of Dubuque has a unique opportunity to assist approximately 585 homes
(owner occupied or rented) within the City with the functional replacement of private
lead water service lines by trenching or pull -through methods to prevent the potential for
drinking water contamination at a house -by -house level.
This phase of the pilot program is 100% voluntary and is open to those residents with a
verified drinking water lead service line meeting the socioeconomic guidelines
established by the Bipartisan Infrastructure Law. The City is moving forward with this
unique opportunity and has secured a level of BIL funding to conduct the first of its kind
in the community, Lead Service Line Replacement Pilot Program. The pilot program will
be conducted over three (3) phases starting in January 2024 with the completion of all
three phases no later than December 2026. The BIL funds are being administered
locally through the Iowa Department of Natural Resources' State Revolving Fund (Iowa
SRF) program, and as part of the loan process, the project is subject to a federally
required environmental review.
The environmental review is summarized in an Environmental Information Document
(EID) which is provided to the City by DNR and SRF environmental staff. The EID is
available to the public 30 days prior to the public hearing and will also be available at
the hearing. Any public comments received during the public hearing will be submitted
to the DNR/SRF staff. Following the public hearing and completion of the environmental
review period the DNR's environmental specialist will seek to provide environmental
clearance for the project.
DISCUSSION
The hearing is part of the SRF loan environmental review process and will allow
concerned citizens the opportunity to come forward with any comments or questions
about any potential environmental impact of the proposed project.
The City is required to provide adequate advance public notification of the public
hearing 30 days prior to the hearing. The public hearing notification was advertised in
the Telegraph Herald on February 9, 2024, a locally circulated newspaper. The
notification advertised the public hearing will be scheduled to occur during the March
18, 2024, regularly held City Council meeting.
Following the public hearing, the City will submit a record of the public hearing, the
certification of publication, and an executed Environmental Information Document (EID)
to the SRF Environmental Review Specialist.
REQUESTED ACTION
I respectfully request that the City Council conduct the public hearing and approve the
resolution authorizing the mayor to sign the Environmental Information Document (EID)
and direct staff to submit the required documentation.
cc: Jenny Larson, Chief Financial Officer
Gus Psihoyos, City Engineer
Randy Gehl, Public Information Officer
Carl Plumley, Water Distribution Supervisor
Charlie Gau, Water Engineering Assistant
F:\Users\Water\ENGINEERING\Projects - City Projects\Projects - ACTIVE (City)\Private Lead Service Line Replacement
Program BILSRF 2023\Council\Public Hearing\Environmental Clearance\Lead Service Line Public Hearing Memo to
council 3-18-2024.d oc
2
Prepared by! Christopher Lester, Water Department Manager, 901 Hawthorn St., Dubuque, IA 52001 (563) 589-4290
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1 Sh St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 65-24
STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE
LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM
APPROVAL OF AN ENVIRONMENTAL REVIEW AS PROVIDED BY SRF'S
DEPARTMENT OF NATURAL RESOURCES FOR THE PRIVATE LEAD SERVICE
LINE REPLACEMENT PILOT PROGRAM
Whereas, the City of Dubuque is pursuing an engineered solution to reduce the
number of private lead service lines in the City of Dubuque through an Iowa, State
Revolving Fund assisted pilot program; and
Whereas, as part of the SRF loan process, the City is required to complete an
environmental review through the public hearing process; and
Whereas, public notification of the hearing was advertised on February 9, 2024,
a minimum of 30 days prior to the public hearing per SRF IDNR requirements; and
Whereas, a public hearing was held on the 18th day of March, 2024 at 6:30 p.m.
in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street,
Dubuque, Iowa, at which time interested persons appeared and heard for or against
the proposed environmental review of said Project; and
Whereas, a discussion was held on the environmental impacts of said project;
and
Whereas, a transcript of the public hearing and a summary of public comments
will be available for public review.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The environmental review as provided by SRF's Department of
Natural Resources for the Private Lead Service Line Replacement Pilot Program, is
hereby approved, and staff is directed to submit the required executed documentation
to SRF, Iowa Department of Resources.
Passed, adopted, and approved this 18th day of March, 2024.
rad M. C"a ,Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Why You Should Read This: The document below reviews the environmental impact likely from a project.
This project is planned to be federally funded through your tax dollars; therefore, you are entitled to take
part in its review. If you have concerns about the environmental impact of this project, raise them now.
We encourage public input in this decision making process.
40
IOWA STATE REVOLVING FUND
ENVIRONMENTAL INFORMATION DOCUMENT
PROJECT IDENTIFICATION
Applicant: City of Dubuque SRF Number: FS-31-23-DWSRF-012
County: Dubuque Iowa DNR Project Number: W2022-0489
State: Iowa
COMMUNITY DESCRIPTION
Location: The City of Dubuque is located in Dubuque County, Iowa approximately 70 miles north of Davenport,
Iowa and 200 miles northwest of Des Moines, Iowa.
Population: The population of Dubuque according to the 2020 US Census was 59,667 persons.
Background: Lead piping is a major danger to a community due to corrosion. While typical systems manage
their water chemistry to prevent corrosion, the lead material is still present and poses a potential hazard to
the community. Lead from lead pipes, solder and brass fittings can dissolve into water and sometimes can
enter as flakes or small particles.
When lead pipe corrosion occurs and lead -contaminated water is consumed, there are usually spikes in
premature birth, increased blood pressure, and anemia. No safe level of lead exposure has been identified,
and it is especially harmful to children and pregnant women. This has resulted in a nationwide effort to
inventory and replace lead service lines due to the health dangers. The Iowa Department of Natural
Resources program to replace lead service lines started in 2021. Its objective is to inventory and start process
of replacing all lead service lines in the state.
The City of Dubuque operates its own water utility, which includes publicly owned water mains and service
lines that are both publicly and privately owned. The City has identified a total of 5,756 lead service lines for
replacement (2,451 service lines for full replacement and 3,305 service lines for partial replacement) through
the City. Services that require a full service line replacement typically have fully lead piping from the water
main in the street right-of-way to the water meter located in the building/residence. Services that require a
partial replacements have sections of the service line that have previously been replaced but there is still a
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EID Page 2 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012
portion of the service line (typically curbstop to the meter in the residence/building) that is lead. Additionally,
any galvanized service lines that are, or were formerly, downstream of a lead service line are considered
"galvanized requiring replacement" and are included on the list.
The ownership of each line was determined from the Dubuque GIS records. These records state which side of
the curbstop is private, along with data regarding piping material. These pipes may include a variety of
combinations between the private side and public side of the curbstop—lead-plastic, plastic -lead, copper -lead,
lead -copper, lead -unknown, unknown -lead, lead -galvanized, and lead -lead. Replacing these lead pipes in such
varied piping situations requires clear communication, and often coordination, with private landowners. The
City of Dubuque proposes to replace lead lines over several phases that will take place over several years. The
City also intends to initially focus on census tracts and neighborhoods with socioeconomic scores qualifying
those replacements for loan forgiveness under the current Iowa SRF financing structure.
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Purpose: The purpose of this project is to make improvements to the water supply system to better prevent
contamination due to lead pipes to better safely and reliably operate the City of Dubuque water system for at
least the next 20 years. Additional phases of work will continue over the next several years.
Proposed Improvements: The project consists of the functional replacement of lead water service lines within
Dubuque by trenching or pull -through methods to prevent the potential for drinking water contamination at a
house -by -house level. At this time, Dubuque intends on replacing approximately 600 lead service lines in
phases in the near future, though due to the complex ownership of drinking water service lines
(private/public) each individual service line may be considered separately from the others.
ALTERNATIVES CONSIDERED
Alternatives Considered: Replacement of lead pipes can be done one of two ways —boring or pull -through. In
the case of boring, the lead pipe is detached from the rest of the system and abandoned in place. A new pipe
is then bored into place to functionally replace the lead section. In the pull -through method, the new pipe is
attached to the lead pipe nearest the home/business connection and the existing lead pipe section is pulled
out at the street end, pulling the new pipe along behind it; then the new pipe is connected and the lead pipe is
physically removed.
Reasons for Selection of Proposed Alternative: The No -Action alternative is not viable due to the continued
threat of water contamination due to lead piping. Both pull -through and boring methods will be used; which
method is chosen for which particular service lines will be determined on a case -by -case basis.
MEASURES TAKEN TO ASSESS IMPACT
Coordination and Documentation with Other Agencies and Special Interest Groups: The following Federal,
state and local agencies were asked to comment on the proposed project to better assess the potential impact
to the environment:
U.S. Fish and Wildlife Service
State Historical Society of Iowa (State Historical Preservation Office)
Citizen Band Potawatomi Indian Tribe
Flandreau Santee Sioux
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Ho -Chunk Nation
Iowa Tribe of Kansas and Nebraska
Iowa Tribe of Oklahoma
Kickapoo Tribe in Kansas
Kickapoo Tribe of Oklahoma
Lower Sioux Indian Community Council
Miami Tribe of Oklahoma
Omaha Tribal Council
Osage Tribal Council
Otoe-Missouria Tribe
Pawnee Nation of Oklahoma
Peoria Tribe of Indians of Oklahoma
Ponca Tribe of Indians of Oklahoma
Ponca Tribe of Nebraska
Prairie Band Potawatomi Nation
Prairie Island Indian Community
Sac & Fox Nation of Mississippi in Iowa
Sac & Fox Nation of Missouri
Sac & Fox Nation of Oklahoma
Santee Sioux Nation
Shakopee Mdewakanton Sioux Community
Sisseton-Wahpeton Oyate
Spirit Lake Tribal Council
Three Affiliated Tribes Mandan, Hidatsa & Arikara Nations
Upper Sioux Tribe
Winnebago Tribal Council
Yankton Sioux Tribal Business and Claims Committee
Dubuque County Historical Society
Dubuque Historic Commission
No adverse comments were received from any agencies. Conditions placed on the applicant by the above
agencies in order to assure no significant impact are included in the Summary of Reasons for Concluding No
Significant Impact section.
ENVIRONMENTAL IMPACT SUMMARY
Construction: Traffic patterns within the community may be disrupted and above normal noise levels in the
vicinity of the construction equipment can be anticipated during construction and should be a temporary
problem. Adverse environmental impacts on noise quality will be handled by limited hours of contractor work
time during the day. Other adverse environmental effects from construction activities will be minimized by
proper construction practices, inspection, prompt cleanup, and other appropriate measures. Areas
temporarily disturbed by the construction will be restored. Solid wastes resulting from the construction
project will be regularly cleared away with substantial efforts made to minimize inconvenience to area
residents.
Care will be taken to maintain dirt to avoid erosion and runoff. Temporary air quality degradation may occur
due to dust and fumes from construction equipment. The applicant shall take reasonable precautions to
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EID Page 4 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012
prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property during the
proposed project (567 Iowa Administrative Code IAC 23.3(2)"c").
If construction activities find an unknown area of contamination, it is the responsibility of the applicant to
follow the procedure for notification of hazardous conditions (567 IAC 131.2). Excavated soil that contains a
hazardous substance must be assessed and properly disposed of (567 IAC 100.4).
All lead pipe shall be abandoned in place and physically disconnected from the active distribution system or
physically removed in entirety. The Iowa Department of Natural Resources recommends that any lead pipe
materials removed from water services be managed through reclamation rather than disposal. A provision in
federal rules (40 CFR 261) allows for management of what would otherwise be waste scrap metal to be
managed as a solid waste provided the scrap metal is reclaimed. Municipalities are encouraged to carefully
evaluate scrap dealers who might take this waste to ensure the lead pipe materials will be properly recycled.
Recycled lead can be put back into use through lead -acid batteries, lead shielding and other valuable uses. If a
municipality chooses to dispose of the lead materials, it will be necessary to characterize the waste to
determine whether it exhibits a hazardous characteristic for lead. Lead pipe materials would likely fail TCLP for
lead and would then need to be managed as a hazardous waste. No landfills in Iowa can accept hazardous
wastes. Lead pipe materials determined to be non hazardous could be disposed of in a solid waste landfill.
Historical/Archaeological: Various Native American tribes with an interest in the area and the Certified Local
Government were provided information regarding the project. A preliminary archeological investigation of the
proposed project area is currently underway. Results from this investigation will be submitted to the State
Historical Preservation Office (SHPO) for review. The project will only proceed as planned if a determination of
either "no historic properties affected" or "no adverse effect on historic properties" can be appropriately
reached with or without mitigation. However, if project activities uncover any item(s) that might be of
archaeological, historical, or architectural interest, or if important new archaeological, historical, or architectural
data should be encountered in the project APE, the applicant should make reasonable efforts to avoid further
impacts to the property until an assessment can be made by an individual meeting the Secretary of the Interior's
professional qualifications standards (36 CFR Part 61).
Environmental: This project will not affect wetlands according to the National Wetland Inventory. Based on
maps accessible through Google Earth, the proposed project will not interfere with any State-owned parks,
recreational areas or open spaces. This project will not impact the 100-year floodplain according to the FIRM
maps.
The project will not impact any wild and scenic rivers as none exist within the State of Iowa. The U.S. Fish &
Wildlife Service Section 7 Technical Assistance website consultation determined that the project will not
impact protected species or their habitats. However, if any State- or Federally -listed threatened or
endangered species or communities are found during the planning or construction phases, additional studies
and/or mitigation may be required. No adverse impacts are expected to result from this project, such as those
to surface water quantity, or groundwater quality or quantity. No significant impact to surface water quality,
fish, shellfish, wildlife, or their natural habitats is expected from this project.
Land Use and Trends: The project will not displace population nor will it alter the character of existing
residential areas. The proposed project is within the present corporate limits of Dubuque in areas zoned
residential, commercial, or industrial. No significant farmlands will be impacted. This project should not impact
population trends as the presence or absence of existing water/sewer infrastructure is unlikely to induce
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EID Page 5 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012
significant alterations in the population growth or distribution given the myriad of factors that influence
development in this region. Similarly, this project is unlikely to induce significant alterations in the pattern and
type of land use.
Irreversible and Irretrievable Commitment of Resources: Fuels, materials, and various forms of energy will be
utilized during construction
Nondiscrimination: All programs, projects, and activities undertaken by DNR in the SRF programs are subject
to federal anti -discrimination laws, including the Civil Rights Act of 1964, section 504 of the Rehabilitation Act
of 1973, and section 13 of the Federal Water Pollution Control Amendments of 1972. These laws prohibit
discrimination on the basis of race, color, national origin, sex, disability, or age.
POSITIVE ENVIRONMENTAL EFFECTS TO BE REALIZED FROM THE PROPOSED PROJECT
Positive environmental effects will be maintained or, potentially improved, water quality for the citizens of
Dubuque by removal of a potential source of contamination in the form of lead pipes.
SUMMARY OF REASONS FOR CONCLUDING NO SIGNIFICANT IMPACT
• The project will not significantly affect the pattern and type of land use (industrial, commercial,
agricultural, recreational, residential) or growth and distribution of population.
• The project will not conflict with local, regional or State land use plans or policies.
• The project will not impact wetlands.
• The project will not affect threatened and endangered species or their habitats. If any State- or
Federally -listed threatened or endangered species or communities are found during the planning or
construction phases, additional studies and/or mitigation may be required.
• The project will not displace population, alter the character of existing residential areas, or convert
significant farmlands to non-agricultural purposes.
• The project will not affect the 100-year flood plain.
• The project will not have effect on parklands, preserves, other public lands, or areas of recognized
scenic or recreational value.
• A preliminary archeological investigation of the proposed project area is currently underway. Results
from this investigation will be submitted to the State Historical Preservation Office for review. The
project will only proceed as planned if a determination of either "no historic properties affected" or
"no adverse effect on historic properties" can be appropriately reached with or without mitigation.
• The project will not have a significant adverse effect upon local ambient air quality provided the
applicant takes reasonable precautions to prevent the discharge of visible emissions of fugitive dusts
beyond the lot line of the property during the proposed project (567 IAC 23.3(2)"c").
• The project will not have a significant adverse effect upon local ambient noise levels, surface water
quantity, groundwater quality or quantity, or water supply.
• The project will not have a significant adverse effect to surface water quality, fish, shellfish, wildlife, or
their natural habitats is expected.
• All lead pipe shall be abandoned in place and physically disconnected from the active distribution
system or physically removed in entirety according to state and federal regulations.
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EID Page 6 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012
The project description, scope, and anticipated environmental impacts detailed above are accurate and
complete to the best to my knowledge,
Signature of the Ma , City of Dubuque
Brad M. Cavanagh
Printed Name of the Mayor, City of Dubuque
3/,n/ ay
Date
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BIPARTISAN INFRASTRUCTURE LAW
STATE REVOLVING FUND (SRF)
PRIVATE LEAD SERVICE LINE
REPLACEMENT PILOT PROGRAM
ENVIRONMENTAL REVIEW PUBLIC
HEARING
MARCH 18, 2024
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SRF PROCESS -
WHERE ARE WE?
1. Project Planning
2. UP Application
I Agency Technical and
Environmental Reviews (We are
Here) A
A.Pro'I'ect Bidding
SRF PROCESS — ■ 5. SRF Construction Loan
NEXT STEPS Application
6. Project Loan and
Closeout
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
02/09/20244 _ .
and for which the charge is 34.78
l
Su scribed to befo me, a Notary Public in nd for
Dubuque County, Iowa,
this 9th day of February, 2024
(::�" ' I '--) P,
Notary P bli in and for Dubuque County, Iowa.
�sni a JANET K. PAPE
o� y Commission Number 199659
My Commission Expires
foWA 1211112025
Ad text : SRF Public Notice
PUBLIC HEARING NOTICE
The City of Dubuque will be holding a Public Hearing to
review an application for a State Revolving Fund (SRF) loan
and to make available to the public the contents of an
environmental information document and the Citys project plan.
These documents include design and environmental information
related to the proposed improvements as part of a Pilot -
Private Lead Service Line Replacement Program.
The project consists of the functional replacement of
private lead water service lines within Dubuque by trenching
or pull -through methods to prevent the potential for drinking
water contamination at a house -by -house level. At this time,
Dubuque intends on replacing approximately 585 lead service
lines in three phases starting in 2024.
The purpose of this Public Hearing is to inform area
residents of tlis proposed work, discuss costs associated with
this project, and to address citizens concerns, if any, with
The Public Hearing location and time are as follows: March
18, 2024 @ 6:30 p.m.
Historic Federal Building
350 W. 6th Street, 2nd Floor Council Chambers Dubuque, Iowa
52001
All interested persons are encouraged to attend this
hearing, or watch via live stream on the City Channel Dubuque
webpage, https://www,cityofdubuque.org/446/Video, or live on
the City of Dubuque Facebook page, or on CityChannel Dubuque
(Dubuque Mediacom channels 8 and 117.2).
Written comments on this proposal may also be submitted
prior to the hearing addressed to Private Lead Service Line
Replacement EID, City of Dubuque, Water Department, 1902
Hawthorne Street, Dubuque, Iowa 52001. Questions regarding
this hearing or the availability of documentation may be
directed to Christopher Lester, Water Department Director at
563.589.4291.
It 2/9