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Setting Public Hearing for Private Lead Service Line Replacement Pilot Program State Revolving Fund (SRF) LoanCity of Dubuque Copyrighted August 5, 2024 Items to be set for Public Hearing # City Council Meeting 06. ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Resolution Setting Public Hearing for Private Lead Service Line Replacement Pilot Program State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law State Revolving Fund (SRF) City Manager recommending City Council adopt the attached resolution and set the public hearing for September 16, 2024, to review the revised Environmental Information Document (EID) for the Private Lead Service Line Replacement Pilot Program. RESOLUTION State Revolving Fund (SRF) Loan - Environmental Review Private Lead Service Line Replacement Pilot Program - Set the Date for a Public Hearing of the City Council of the city of Dubuque, Iowa on Approval of an Environmental Review as Provided By S RF's Department of Natural Resources for the Private Lead Service Line Replacement Pilot Program Receive and File; Adopt Resolution(s), Set Public Hearing for September 16, 2024Suggested Disposition: ATTACHMENTS: Description MVM Memo Lead Service Line Replacement Pilot Program Memo Setting the Public Hearing for Revised EID Lead Service Line Replacement Pilot Program Resolution EID and Setting the Public Hearing Revised Environmental Impact Document Revised EID Project Location Maps SRF FONSI Public Notice of Public Hearing Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque heal All -America City 111111 2007.2012.2013 2017*2019 SUBJECT: Resolution Setting Public Hearing for Private Lead Service Line Replacement Pilot Program State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law State Revolving Fund (SRF) REVISED PROJECT AREA MAPS DATE: July 31, 2024 Water Department Director Christopher Lester is recommending City Council adopt the attached resolution and set the public hearing for September 16, 2024, to review the revised Environmental Information Document (EID) for the Private Lead Service Line Replacement Pilot Program. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Christopher Lester, Water Department Director Gus Psihoyos, City Engineer Randy Gehl, Public Information Officer Carl Plumley, Water Distribution Supervisor Charlie Gau, Water Engineering Assistant Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Christopher Lester, Water Department Director DATE: July 30, 2024 RE: Dubuque breal AIIimerica City 2007.2012.2013 2017*2019 Resolution Setting Public Hearing for Private Lead Service Line Replacement Pilot Program State Revolving Fund (SRF) Loan - Environmental Review Bipartisan Infrastructure Law State Revolving Fund (SRF) REVISED PROJECT AREA MAPS INTRODUCTION The purpose of this memorandum is to request the City Council adopt the attached resolution and set the public hearing for September 16, 2024, as required for all designated projects receiving assistance from the State Revolving Fund (SRF) with a Finding of No Significant Impact. The purpose of the public hearing is to review the revised Environmental Information Document (EID) project area maps for the Private Lead Service Line Replacement Pilot Program. 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 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 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 the revised 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 project area maps were revised to include additional eligible properties for the first phase of the Private Lead Service Line Replacement Pilot Program. The first phase of the pilot program will include the replacement of 200 lead service lines. 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 adopt the attached resolution and set the public hearing for September 16, 2024, to review the revised Environmental Information Document (EID) for the Private Lead Service Line Replacement Pilot Program. 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 8-5-2024.doc 2 Prepared by: Christopher Lester, Water Department Director, 901 Hawthorn St., Dubuque, IA 52001 (563) 589-4290 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 249-24 STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW PRIVATE LEAD SERVICE LINE REPLACEMENT PILOT PROGRAM SET THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON 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, a discussion is to be held on the environmental impacts of the project; and Whereas, a transcript of the public hearing and a summary of public comments will be available for public review; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City Council's intent to approve the proposed Development Agreement, to be held on the 16th day of September 2024 at 6:30 p.m. Section 2. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than thirty (30) days before the date of said hearing. At the hearing, any interested person may appear and file objections to the environmental impact document or attachments relating to the project. Passed, adopted, and approved this 5th day of August, 2024. Attest: #.4),t.e/nie, /SI) '12-aht 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. 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 Revised 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 the 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 partial replacements have sections of the service line that have previously been replaced but there is still a INVESTING IN IOWA'S WATER www.iowasrf.com 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. In Dubuque, the entire service line from water main to building is privately owned. Replacing these lead pipes requires clear communication and 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. PROJECT DESCRIPTION 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; each individual service line may be considered separately from the others. The most current proposal has determined approximately 200 addresses to take part in the first round of replacements. 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 Ho -Chunk Nation Iowa Tribe of Kansas and Nebraska INVESTING IN IOWA'S WATER www.iowasrf.com EID Page 3 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012 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 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"). INVESTING IN IOWA'S WATER www.iowasrf.com EID Page 4 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012 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, so long as ground contours are restored and any necessary local floodplain permits are obtained. 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 significant alterations in the population growth or distribution given the myriad of factors that influence INVESTING IN IOWA'S WATER www.iowasrf.com EID Page 5 City of Dubuque — Lead Service Line Replacement FS-31-23-DWSRF-012 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, so long as ground surface contours are restored and any necessary local floodplain permits are obtained. • 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. INVESTING IN IOWA'S WATER www.iowasrf.com 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 Mayor, City of Dubuque Date Printed Name of the Mayor, City of Dubuque INVESTING IN IOWA'S WATER www.iowasrf.com STATE REVOLVING FUND IOWA Topographic Map USGS 7.5' Quad: Dubuque North S 11-14, 24, T89N, RO2E S 07 and 18, T89N, RO3E Date: 1972 Original Lead Service Line Replacement Area Current Lead Service Line Replacement Area 0 Scale: 1 inch = 2,000 feet Dubuque Lead Service Line Replacement- Revised Project Area Dubuque, Iowa (Dubuque County) Feet 1,000 2,000 3,000 4,000 STATE REVOLVING FUND IOWA 2019 o Original Lead Service Line Replacement Area Current Lead Service Line Replacement Area Aerial Photograph Scale: 1 inch = 1,667 feet Feet 0 870 1,740 2,610 3,480 Dubuque Lead Service Line Replacement- Revised Project Area Dubuque, Iowa (Dubuque County) STATE REVOLVING FUND LiDAR IOWA 2010 t) Original Lead Service Line Replacement Area Current Lead Service Line Replacement Area Scale: 1 inch = 1,667 feet Feet 0 870 1,740 2,610 3,480 Dubuque Lead Service Line Replacement- Revised Project Area Dubuque, Iowa (Dubuque County) 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 City's 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 this proposed work, discuss costs associated with this project, and to address citizens' concerns, if any, with the plan. The Public Hearing location and time are as follows: September 16, 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.