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Iowa Department of Natural Resources (IDNR) Land Recycling Program - Dodds and Sinclair Sites Copyrighted May 18, 2026 City of Dubuque CONSENT ITEMS # 17. City Council ITEM TITLE: lowa Department of Natural Resources (IDNR) Land Recycling Program - Dodds and Sinclair Sites SUMMARY: City Manager providing information for the enrollment of the Dodds and Sinclair Sites in lowa Department of Natural Resources Land Recycling Program. SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. MVM Memo Enrollment of Dodds and Sinclair Sites in IDNR Land Recycling Program 2. Staff Memo 3. LRP Enrollment Application Dodds 4. LRP Participation Agreement Dodds 5. Dodds Attachments 6. LRP Enrollment Application Sinclair 7. LRP Participation Agreement Sinclair 8. Sinclair Attachments 9. Dodds & Sinclair Map Page 490 of 890 Dubuque THE CITY OF � uhA�eMa cin DuB E ; . � , I � � I. Maste iece on the Mississi t 2oo�•zoiz•zois �P Pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Enrollment of Dodds and Sinclair Sites in IDNR Land Recycling Program DATE: May 13, 2026 Economic Development Director Jill Connors is providing information for the enrollment of the Dodds and Sinclair Sites in lowa Department of Natural Resources Land Recycling Program. This is to support ongoing environmental assessment and cleanup activities funded through the City's FY2019 EPA Brownfields Multipurpose Grant. Enrollment is required under the City's EPA grant workplan and aligns with planned redevelopment of the South Port. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Page 491 of 890 Dubuque Economic Development Department THE CITY OF � 130o Main street All•Ame�ic�City Dubuque,lowa 52001-4763 U� � ��""��"�" ��°�' Office(563)589-4393 � � TTY(563)690-6678 � http://www.cityofdubuque.org 2007*2012*2013 Masterpiece on the Mississippi 2oi�*2oi9 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director SUBJECT: Enrollment of Dodds and Sinclair Sites in IDNR Land Recycling Program DATE: May 8, 2026 INTRODUCTION The City is enrolling the Dodds and Sinclair South Port sites in the lowa Department of Natural Resources' Land Recycling Program (LRP) to support ongoing environmental assessment and cleanup activities funded through the City's FY2019 EPA Brownfields Multipurpose Grant. Enrollment is required under the City's EPA grant workplan and aligns with planned redevelopment of the South Port. BACKGROUND Both properties have undergone Phase II Environmental Site Assessments identifying soil and groundwater impacts, including PAHs, arsenic, chromium, and other contaminants above statewide standards. Cleanup plans for each site have been developed and are being submitted concurrently with the LRP enrollment materials. DISCUSSION The LRP is a voluntary cleanup and redevelopment program under lowa Code 455H that allows participants to work cooperatively with the lowa DNR to complete site investigation, risk evaluation, and remediation using risk-based standards tailored to planned site use. Participation also requires submitting an enrollment application, executing a participation agreement, and reimbursing DNR oversight costs. A key benefit of participation is the ability to obtain a No Further Action (NFA) certificate from the DNR once cleanup obligations are met. The NFA provides regulatory certainty for redevelopment and offers limited liability protection regarding the addressed contamination. Page 492 of 890 Attached you will find the signed program application and participation agreement for each site, along with their attachments. Enrollment in the LRP will ensure regulatory coordination, satisfy EPA grant requirements, support timely cleanup, and facilitate future redevelopment of the South Port. RECOMMENDATION This memo is provided for informational purposes. Cc: Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer 2 Page 493 of 890 CASHIERS USE ONLY D lowa Department of Natural Resources 0221-542-221A-0570 Land Recycling Program Enrollment Application Organization Contact Name Please read the department rule in Chapter 567 lowa Administrative Code 137 and read the instructions in lowa Land Recycling Program Guidance Document#1 before completing this form. PART A: Participant Information Organization: City of Dubuque Title: Economic Development Director Contact Name: Jill Connors Telephone Number: 563.589.4213 Address: 1300 Main Street City, State,Zip: Dubuque, lowa, 52001 E-mail Address: jilconno@cityofdubuque.org Fax Number: • Attachment A1-Nature of Participation: Pertaining to the participant identified above, describe the reason(s) for participation in this program, legal relationship to the property being enrolled, and the expected role and scope of participation. Include this information as Attachment A1. • Attachment A2-Additional Participants: If there is more than one participant, please attach the above information for each participant and label it as Attachment A2. • Attachment A3-Interested Parties: If there are other interested parties, please identify them and describe their relationship to this project. Include this information and label it as Attachment A3. PART B: Property/Affected Area and Access Information Property Name: Former podd's Terminal Site Address/Location: ZO Terminal Street City and Zip: Dubuque, lowa, 52001 County: Dubuque Parcel Number(s): 1130304001 and 1130304003 Property Owner (fee title holder): City of�ubuque Property Owner Mailing Address: 50 W 13th Street, Dubuque, lowa,52001 I,the fee title holder of the property identified in Part B, grant access/control to that property for the purpose of participating in the lowa Land Recycling Program. Signature: <�l • Date: 05/08/2026 • Attachment B1-Property Access: If access has not been obtained for the property/affected area identified in Part B, please attach an explanation of the efforts taken to obtain access and, if appropriate,the reasons given for refusal. Please label it as Attachment B1- Property Access. • Attachment B2-Additional Property to be Enrolled: If the affected area is known to extend to properties other than the one identified in Part B,then please attach all the information requested under Part B for those additional properties as Attachment B2 -Additional Property to be Enrolled. PART C: Hazardous Substance Information • Attachment C1-Condition to be Addressed: Please attach information documenting the environmental condition which is the subject of this enrollment. Please label it as Attachment C1-Condition to be Addressed. For information regarding the contents of this attachment, please consult lowa Land Recycling Program Guidance Document#1. • Attachment C2-Other Known Contamination: For contamination other than that covered in Attachment C1, which is known and reportable, please attach relevant information as Attachment C2-Other Known Contamination. See the lowa Land Recycling Program Guidance Document#1 for further details. 04/2019 cmc 1 542-1547 Page 494 of 890 PART D: Historical Information • Attachment D-Historical Information: Please give a general description of the current and historical uses of the property or properties identified in Part B, based on a reasonable and diligent inquiry. Identify known or probable sources and locations of hazardous materials which could reasonably be associated with past land use. Please attach this as Attachment D- Historical Information. PART E: Project Objectives Attachment E: Please attach a statement of project objectives as Attachment E.This should include the following information, insofar as it is known: • E1-Current Setting:A general description of the property and its vicinity, including: current zoning and type of land use (e.g., commercial, industrial, residential). • E2- Future Setting: Planned or probable future uses of the property or its vicinity. • E3-Time Table: Expected time frame for activities reflected in item E2. • E4- Estimate of Project Magnitude:A general description of the nature and magnitude of the • environmental contamination to be addressed and the probable means of addressing it. • E5-Anticipated Obstacles to Completion:A description of any foreseeable barriers to achieving project objectives, such as: access to property;financing uncertainties; legal actions; allocation of responsibility among parties; etc. PART F: Other attachments(Attachments F1 through F3 are required only if applicable.) • Attachment F1-General Environmental Regulatory Actions and Permits: Attach a list of all known permits or regulatory actions and directives associated with environmental conditions at the site as Attachment F1— General Environmental Regulatory Actions and Permits. • Attachment F2- Federal Environmental Regulatory Actions:Attach an explanation of any federal regulatory corrective action directives, administrative orders orjudicial actions associated with environmental conditions at the site as Attachment F2-Federal Environmental Regulatory Actions. • Attachment F3- Proof of Federal Notification: Submit written proof that the federal regulatory agency, associated with responses to F1 or F2, has been notified regarding the intent to enroll the site in the lowa Land Recycling Program. Attach the$750 application fee payable to the lowa Department of Natural Resources and main along with the form to: Department of Natural Resources Contaminated Sites 502 E 9th St Des Moines, IA 50319 Applicant signature: ��t Date: 05/08/2026 For DNR office use: Reviewed by: Date: Review Action: ❑Approved ❑ Denied ❑ Withdrawn Explanation attached if denied or withdrawn 04/2019 cmc 2 542-1547 Page 495 of 890 PI,OF PI�E ��'� `r�`S?' ��a�� IOWA DEPARTMENT OF NATURAL RESOURCES w��r� ��-,.c`' D x�,y. :,_ ,o LAND RECYCLING PROGRAM c� `�� , �`� y `�� PARTICIPATION AGREEMENT � ,� � �� ,� � - _.� � -�� Forthe Former podd's Terminal Site, City of Dubuque I. RECITALS WHEREAS,the following participants ("the participants") in the lowa Land Recycling Program (LRP) and the lowa Department of Natural Resources ("the department") enter into this agreement as required by lowa Code section 455H.107(2) and in accordance with administrative rule 567 lowa Administrative Code (IAC) 137.3(4). WHEREAS, lowa Code chapter 455H grants participants certain benefits, privileges and immunities as well as establishing certain obligations. Only those parties who have entered into this agreement shall be considered "participants" as defined in lowa Code section 455H.103(11) and entitled to those benefits, privileges and immunities. Parties may be removed from this agreement by withdrawal or upon final agency action terminating enrollment in accordance with department rules 567 IAC 137.3(6) - (8). Parties may be added to this agreement by written consent of all participants or a determination by the department that the party meets the criteria for consideration as a participant as defined in lowa Code section 455H.103(11). WHEREAS, an essential purpose of this agreement is to establish a general understanding between the participant(s) and the department as to the scope of the project being undertaken by the participants and a general set of mutual expectations.To the extent possible at the time of entering into this agreement,the parties are expected to reach an understanding on such issues as what contaminants associated with what known or suspected sources within the affected area are to be addressed and are not to be addressed, the scope of expected liability protection arising out of participation in the LRP, and any barriers the parties foresee in completion of the environmental project and the planned reuse of the affected area. II. PARTICIPANTS The following parties to this agreement are participants: Person/organization: City of Dubuque Municipality Form of business organization or affiliation: Address: 50 W 13th Street City, State: Dubuque, lowa III. TERMS 1. The participants shall grant the department and all authorized representatives reasonable access to the affected area as defined in lowa Code section 455H.103(1) in order to fulfill regulatory duties including but not limited to site inspections and oversight of all response actions conducted by participants or their agents and surface or subsurface site investigation and response actions related to any suspected contaminants. 08/2020 cmc 1 DNR Form 542-0555 Page 496 of 890 2. The participants shall be jointly and severally responsible to reimburse the department for actual costs assessed in accordance with department subrule 567 IAC 137.3(3).The participants also agree to allocate the costs of reimbursement amongst themselves according to the method as described in the attached Exhibit but in doing so do not relieve themselves of their joint and several liability to the department for full reimbursement. IV. CERTIFICATION OF FINANCIAL ABILITY 1. The participants certify they have obtained an estimate from a qualified groundwater professional of the costs of completing the site assessment and risk evaluation/response phase for the affected area in accordance with chapter 567 IAC 137 based on currently available information. Further,the participants certify they have the financial means to complete the site assessment and risk evaluation/response phase of this project based on this initial estimate and have entered into a legally enforceable contract with the following qualified professional, Emily Smart,CGP . Further, the participants certify that if costs of completion of this response action are to be allocated amongst participants,this allocation has been specified and made part of a legally binding contractual agreement. 2. Unless the cost of response action and demonstration of compliance leading to a no further action classification can be reasonably estimated at the time of execution of this agreement, the participants agree to amend this agreement, and provide certification of financial ability upon approval of a response action. If the participants choose to expedite response action without prior review and approval of the department as provided in subrule 567 IAC 137.9(8),they agree to provide financial certification prior to or within a reasonable time after notice to the department of expedited response action. 3. The participants agree to notify the department in writing and at the earliest practicable date if they have reason to believe they will not be able to complete response actions in accordance with chapter 567 IAC 137 and this certification. V. SCOPE OF PROJECT The participants have (or have not) met with the department project manager and agree to the following project description: a. A general description of the contaminants expected to be evaluated and those know nor suspected contaminants, sources and probable locations which the participants do not expect to evaluate. b. A general description of the affected area including areas which are not currently within the control of the participants or for which access agreements have not been obtained. c. A timetable for initiation of site assessment and submittal of assessment work plans and reports. If the participants intend to proceed with or have begun expedited site assessment in accordance with 567 IAC 137.8(2) and (5), please attach a copy of the required notice of expedited action. d. A projected timetable for each phase of the proposed project and any outlying deadlines applicable to property development objectives. VI. CONSTRUCTION Words and phrases in this document shall be interpreted consistent with meanings and definitions as used in lowa Code Chapter 455H and Chapter 567 IAC 137. �� . Amie Davidson Jill Connors Land Quality Bureau Chief Economic Development Director lowa Department of Natural Resources City of Dubuque Dated this day of , 20 Dated this 8th day of May 2026 08/2020 cmc 2 DNR Form 542-0555 Page 497 of 890 Attachment A1—Nature of Participation The City of Dubuque received a Federal Fiscal Year 2019 $800,000 United States Environmental Protection Agency (EPA) Multipurpose Grant for the assessment and cleanup of contaminated soil on the Property. Contaminated groundwater will be addressed via an environmental covenant prohibiting its use. Enrollment in the lowa Land Recycling Program for assessment and cleanup is a condition of the City's EPA Workplan for this grant.The City of Dubuque owns the Property.The scope of this enrollment includes soil remediation such that risk evaluation following cleanup acfivities indicates that the Site is safe for Residential use, Site Workers and Construction Workers. Page 498 of 890 Attachment A2—Additional Participants There are no additional participants. Page 499 of 890 Attachment A3—Interested Parties There are no other interested parties. Page 500 of 890 Attachment B1-Property Access Not Applicable—City of Dubuque owns the Property. Page 501 of 890 Attachment B2-Additional Property to be Enrolled Not Applicable Page 502 of 890 Attachment C1-Condition to be Addressed A 2010 Limited Site Investigation (LSI) prepared by Terracon indicated that one 17,000 square-foot building used for the manufacturing, storage, and distribution of wooden pallets was located on the Site during the time of the investigation.Two soil borings were advanced on the east and west sides of the building and later converted into temporary monitoring wells. Laboratory data indicated that benzo(a)pyrene in soil exceeded lowa Department of Natural Resources (IDNR) Statewide Standard (SWS). Groundwater laboratory data indicated that the polycyclic aromatic hydrocarbons (PAHs) benzo(a)anthracene, benzo(a)pyrene, and benzo(b)fluoranthene exceeded IDNR SWS for a protected groundwater source, but not a non-protected groundwater source.The LSI recommended further investigation to further characterize soil and groundwater conditions. In September 2024, a Phase II Environmental Site Assessment (ESA) was completed at the Site. At the time of the investigation, the Site consisted of a vacant lot with remnants of past industrial operations including a large concrete foundation, abandoned electrical shed, parking lots or foundations, and driveway entrances. Six soil borings were advanced on the Site and later converted into temporary monitoring wells. Soil and groundwater samples were analyzed for RCRA metals, PAHs, volatile organic compounds (VOCs), total extractable hydrocarbons (TEHs), and herbicides. Laboratory data indicated that PAHs and arsenic concentrations in soil exceeded SWS. Soil arsenic concentrations were relatively low and ranged from 1.04 to 3.53 mg/kg. PAHs in soil were identified in one (1) out of the six(6) borings which was located near the southwest corner of the Site. Groundwater laboratory data indicated that chromium was identified above SWS for a protected groundwater source and arsenic and lead were identified above the SWS for a non-protected groundwater source. The concentrations of RCRA metals and PAHs in soil and groundwater exceeding the SWS have been documented across the Site. Exceedances of PAHs and metals in groundwater will be managed with an environmental covenant which prohibits the use of groundwater on this Site. Page 503 of 890 Attachment C2-Other Known Contamination Not Applicable Page 504 of 890 Attachment D- Historical Information The Site consists of 2.72 acres and is located in a former industrial area adjoining the Mississippi River within the City of Dubuque.According to historical documents,the Site was developed with a large warehouse around 1920 which remained until the 2000s. In the 1950s, a large aboveground storage tank(AST)was present north of the building and by the 1960s, several ASTs were present on the Site. A Sanborn Map from 1970 labeled the Site as the Dubuque Municipal Dock and Dubuque Tank Terminal Company and labeled some of the ASTs as containing molasses, lard, and grease.Three railroad spurs were also depicted on the west side of the Site.The west adjoining property has been occupied by lowa Oil Company since at least 1950. Approximately 20 ASTs used for various fuel oils were present on the west adjoining property in a 1950 Sanborn Map. Google Earth images suggest that all ASTs at the Site were removed by 2005, and the Site appeared to be operating as a shipping facility into 2010. By 2011,the buildings were removed from the Site and only the foundation footprints of the buildings and ASTs remained. Some shipping operations (via barge) appeared to be present in 2015, but by 2020 and after,the Site appears to be mostly vacant. According to Environmental Protection Agency(EPA) databases,the Site was listed as a Brownfield site and former hazardous waste generator. A Phase I ESA was completed at the Site in 2004, but no information regarding the environmental condition was provided. A Limited Site Investigafion (LSI) prepared by Terracon was completed at the Site on July 21, 2010.The LSI indicated that the Site was currently being used for the manufacturing, storage, and distribution of wooden pallets.The LSI recommended further investigation to further characterize soil and groundwater conditions. Page 505 of 890 Attachment E1-Current Setting The former podd's Terminal site is located at 20 Terminal Street in Dubuque, lowa.The Site boasts easy accessibility to downtown Dubuque in the surrounding area to the north, U.S Highway 61 to the west, as well as the Mississippi River which adjoins to the Site to the east. Utilizing a FY2019 Multipurpose Grant, a Phase II ESA was completed at the Site in September 2024 by Eocene Environmental Group. At the time of the investigation, the Site consisted of a vacant lot with remnants of past industrial operations including a large concrete foundation, abandoned electrical shed, parking lots or foundations, and driveway entrances. Page 506 of 890 Attachment E2- Future Setting The Site will be redeveloped into a vibrant live work play district of Dubuque, offering the community recreation and more along the Mississippi River.To accomplish this goal, all existing foundations and structures will be razed. Page 507 of 890 Attachment E3-Time Table Participation Agreement and LRP Application submitted on 05/08/26. Schedule of activities will follow a typical LRP Schedule (shown below) beginning on 05/OS/26. Dodd's Cleanup Schedule Milestone Date Draft Specifications, Plans and Estimate to City/QPR Due April 29, 2026 Receive City Comments May 6, 2026 Post ABCAs to Project Website May 8, 2026 LRP Enrollment Forms, SAR, RERA Cleanup Plans to DNR May 8, 2026 Final Specifications, Plans and Estimate to City May 11, 2026 Initiate Public Bidding Process— Council Deadline May 12, 2026 Change Order Due to City May 14, 2026 Initiate Public Bidding Process May 18, 2026 Construction Plan / Specs Complete May 22, 2026 Post Bid Documents to City Website May 22, 2026 Publish Notice to Bidders, Advertise for Bids May 22, 2026 Notice of Public Hearing on Plans and Specs May 22, 2026 Public Hearing on Plans & Specs— Council Deadline May 26, 2026 Public Hearing on Plans & Specs (Emilyjoins remotely) June 1, 2026 Receipt of Bid Proposals June 4, 2026 Award Construction Contract— Council Deadline June 9, 2026 DNR First Notification to Neighboring Properties June 9, 2026 Award Construction Contract June 15, 2026 Construction Begins Pending DNR Approval June 15-July 7, 2026 QPR Due July 30, 2026 Construction Completion Date August 13, 2026 Notify EPA that Cleanup is Complete August 13, 2026 Issue Cleanup Report and EC Draft to DNR and EPA August 13, 2026 DNR Approves Cleanup Report and EC Language TBD Record EC TBD QPR August 13, 2026 DNR Second Notification to Neighboring Properties TBD Final Reports to DNR Including Recorded ECs Attached TBD DNR Issues No FurtherAction TBD Eocene to Edit ACRES Work Packages TBD Complete Grant Closeout Reporting (includes final QPR) Prior to October 30, 2026 Page 508 of 890 E4-Estimate of Project Magnitude A Draft Analysis of Brownfields Cleanup Alternatives (ABCA) Report was completed May 8, 2026, outlining proposed options for remediation of the Property.The prevailing recommendation is for the removal and disposal of contaminated soil at the adjacent on-site landfill to the east of the Property as the most effective and implementable option. In September 2024, a Phase II ESA was completed at the Site by Eocene Environmental Group. Soil and groundwater samples were analyzed for RCRA metals, PAHs, volatile organic compounds (VOCs),total extractable hydrocarbons (TEHs), and herbicides. Laboratory data indicated that PAHs and arsenic concentrations in soil exceeded SWS. Soil arsenic concentrations were relatively low and ranged from 1.04 to 3.53 mg/kg. PAHs in soil were identified in one (1) out of the six(6) borings which was located near the southwest corner of the Site. Groundwater laboratory data indicated that chromium was identified above SWS for a protected groundwater source and arsenic and lead were identified above the SWS for a non-protected groundwater source. Contaminated groundwater will be addressed via an environmental covenant prohibiting its use. Page 509 of 890 Attachment E5-Anticipated Obstacles to Completion None anticipated. Page 510 of 890 Attachments F1, F2,and F3 Not Applicable Page 511 of 890 CASHIERS USE ONLY D lowa Department of Natural Resources 0221-542-221A-0570 Land Recycling Program Enrollment Application Organization Contact Name Please read the department rule in Chapter 567 lowa Administrative Code 137 and read the instructions in lowa Land Recycling Program Guidance Document#1 before completing this form. PART A: Participant Information Organization: City of Dubuque Title: Economic Development Director Contact Name: Jill Connors Telephone Number: 563.589.4213 Address: 1300 Main Street City, State,Zip: Dubuque, lowa, 52001 E-mail Address: jilconno@cityofdubuque.org Fax Number: • Attachment A1-Nature of Participation: Pertaining to the participant identified above, describe the reason(s) for participation in this program, legal relationship to the property being enrolled, and the expected role and scope of participation. Include this information as Attachment A1. • Attachment A2-Additional Participants: If there is more than one participant, please attach the above information for each participant and label it as Attachment A2. • Attachment A3-Interested Parties: If there are other interested parties, please identify them and describe their relationship to this project. Include this information and label it as Attachment A3. PART B: Property/Affected Area and Access Information Property Name: Former Sinclair Terminal Site Address/Location: 130 Terminal Street City and Zip: Dubuque, lowa, 52001 County: Dubuque Parcel Number(s): 1130306003 Property Owner (fee title holder): City of�ubuque Property Owner Mailing Address: 50 W 13th Street, Dubuque, lowa,52001 I,the fee title holder of the property identified in Part B, grant access/control to that property for the purpose of participating in the lowa Land Recycling Program. Signature: <�l • Date: 05/08/2026 • Attachment B1-Property Access: If access has not been obtained for the property/affected area identified in Part B, please attach an explanation of the efforts taken to obtain access and, if appropriate,the reasons given for refusal. Please label it as Attachment B1- Property Access. • Attachment B2-Additional Property to be Enrolled: If the affected area is known to extend to properties other than the one identified in Part B,then please attach all the information requested under Part B for those additional properties as Attachment B2 -Additional Property to be Enrolled. PART C: Hazardous Substance Information • Attachment C1-Condition to be Addressed: Please attach information documenting the environmental condition which is the subject of this enrollment. Please label it as Attachment C1-Condition to be Addressed. For information regarding the contents of this attachment, please consult lowa Land Recycling Program Guidance Document#1. • Attachment C2-Other Known Contamination: For contamination other than that covered in Attachment C1, which is known and reportable, please attach relevant information as Attachment C2-Other Known Contamination. See the lowa Land Recycling Program Guidance Document#1 for further details. 04/2019 cmc 1 542-1547 Page 512 of 890 PART D: Historical Information • Attachment D-Historical Information: Please give a general description of the current and historical uses of the property or properties identified in Part B, based on a reasonable and diligent inquiry. Identify known or probable sources and locations of hazardous materials which could reasonably be associated with past land use. Please attach this as Attachment D- Historical Information. PART E: Project Objectives Attachment E: Please attach a statement of project objectives as Attachment E.This should include the following information, insofar as it is known: • E1-Current Setting:A general description of the property and its vicinity, including: current zoning and type of land use (e.g., commercial, industrial, residential). • E2- Future Setting: Planned or probable future uses of the property or its vicinity. • E3-Time Table: Expected time frame for activities reflected in item E2. • E4- Estimate of Project Magnitude:A general description of the nature and magnitude of the • environmental contamination to be addressed and the probable means of addressing it. • E5-Anticipated Obstacles to Completion:A description of any foreseeable barriers to achieving project objectives, such as: access to property;financing uncertainties; legal actions; allocation of responsibility among parties; etc. PART F: Other attachments(Attachments F1 through F3 are required only if applicable.) • Attachment F1-General Environmental Regulatory Actions and Permits: Attach a list of all known permits or regulatory actions and directives associated with environmental conditions at the site as Attachment F1— General Environmental Regulatory Actions and Permits. • Attachment F2- Federal Environmental Regulatory Actions:Attach an explanation of any federal regulatory corrective action directives, administrative orders orjudicial actions associated with environmental conditions at the site as Attachment F2-Federal Environmental Regulatory Actions. • Attachment F3- Proof of Federal Notification: Submit written proof that the federal regulatory agency, associated with responses to F1 or F2, has been notified regarding the intent to enroll the site in the lowa Land Recycling Program. Attach the$750 application fee payable to the lowa Department of Natural Resources and main along with the form to: Department of Natural Resources Contaminated Sites 502 E 9th St Des Moines, IA 50319 � 05/08/2026 Applicant signature: . Date: For DNR office use: Reviewed by: Date: Review Action: ❑Approved ❑ Denied ❑ Withdrawn Explanation attached if denied or withdrawn 04/2019 cmc 2 542-1547 Page 513 of 890 PI,OF PI�E ��'� `r�`S?' ��a�� IOWA DEPARTMENT OF NATURAL RESOURCES w��r� ��-,.c`' D x�,y. :,_ ,o LAND RECYCLING PROGRAM c� `�� , �`� y `�� PARTICIPATION AGREEMENT � ,� � �� ,� � - _.� � -�� Forthe Former Sinclair Terminal Site, City of Dubuque I. RECITALS WHEREAS,the following participants ("the participants") in the lowa Land Recycling Program (LRP) and the lowa Department of Natural Resources ("the department") enter into this agreement as required by lowa Code section 455H.107(2) and in accordance with administrative rule 567 lowa Administrative Code (IAC) 137.3(4). WHEREAS, lowa Code chapter 455H grants participants certain benefits, privileges and immunities as well as establishing certain obligations. Only those parties who have entered into this agreement shall be considered "participants" as defined in lowa Code section 455H.103(11) and entitled to those benefits, privileges and immunities. Parties may be removed from this agreement by withdrawal or upon final agency action terminating enrollment in accordance with department rules 567 IAC 137.3(6) - (8). Parties may be added to this agreement by written consent of all participants or a determination by the department that the party meets the criteria for consideration as a participant as defined in lowa Code section 455H.103(11). WHEREAS, an essential purpose of this agreement is to establish a general understanding between the participant(s) and the department as to the scope of the project being undertaken by the participants and a general set of mutual expectations.To the extent possible at the time of entering into this agreement,the parties are expected to reach an understanding on such issues as what contaminants associated with what known or suspected sources within the affected area are to be addressed and are not to be addressed, the scope of expected liability protection arising out of participation in the LRP, and any barriers the parties foresee in completion of the environmental project and the planned reuse of the affected area. II. PARTICIPANTS The following parties to this agreement are participants: Person/organization: City of Dubuque Municipality Form of business organization or affiliation: Address: 50 W 13th Street City, State: Dubuque, lowa III. TERMS 1. The participants shall grant the department and all authorized representatives reasonable access to the affected area as defined in lowa Code section 455H.103(1) in order to fulfill regulatory duties including but not limited to site inspections and oversight of all response actions conducted by participants or their agents and surface or subsurface site investigation and response actions related to any suspected contaminants. 08/2020 cmc 1 DNR Form 542-0555 Page 514 of 890 2. The participants shall be jointly and severally responsible to reimburse the department for actual costs assessed in accordance with department subrule 567 IAC 137.3(3).The participants also agree to allocate the costs of reimbursement amongst themselves according to the method as described in the attached Exhibit but in doing so do not relieve themselves of their joint and several liability to the department for full reimbursement. IV. CERTIFICATION OF FINANCIAL ABILITY 1. The participants certify they have obtained an estimate from a qualified groundwater professional of the costs of completing the site assessment and risk evaluation/response phase for the affected area in accordance with chapter 567 IAC 137 based on currently available information. Further,the participants certify they have the financial means to complete the site assessment and risk evaluation/response phase of this project based on this initial estimate and have entered into a legally enforceable contract with the following qualified professional, Emily Smart,CGP . Further, the participants certify that if costs of completion of this response action are to be allocated amongst participants,this allocation has been specified and made part of a legally binding contractual agreement. 2. Unless the cost of response action and demonstration of compliance leading to a no further action classification can be reasonably estimated at the time of execution of this agreement, the participants agree to amend this agreement, and provide certification of financial ability upon approval of a response action. If the participants choose to expedite response action without prior review and approval of the department as provided in subrule 567 IAC 137.9(8),they agree to provide financial certification prior to or within a reasonable time after notice to the department of expedited response action. 3. The participants agree to notify the department in writing and at the earliest practicable date if they have reason to believe they will not be able to complete response actions in accordance with chapter 567 IAC 137 and this certification. V. SCOPE OF PROJECT The participants have (or have not) met with the department project manager and agree to the following project description: a. A general description of the contaminants expected to be evaluated and those know nor suspected contaminants, sources and probable locations which the participants do not expect to evaluate. b. A general description of the affected area including areas which are not currently within the control of the participants or for which access agreements have not been obtained. c. A timetable for initiation of site assessment and submittal of assessment work plans and reports. If the participants intend to proceed with or have begun expedited site assessment in accordance with 567 IAC 137.8(2) and (5), please attach a copy of the required notice of expedited action. d. A projected timetable for each phase of the proposed project and any outlying deadlines applicable to property development objectives. VI. CONSTRUCTION Words and phrases in this document shall be interpreted consistent with meanings and definitions as used in lowa Code Chapter 455H and Chapter 567 IAC 137. �� . Amie Davidson Jill Connors Land Quality Bureau Chief Economic Develpment Director lowa Department of Natural Resources City of Dubuque Dated this day of , 20 Dated this 8th day of May 2026 08/2020 cmc 2 DNR Form 542-0555 Page 515 of 890 Attachment A1—Nature of Participation The City of Dubuque received a Federal Fiscal Year 2019 $800,000 United States Environmental Protection Agency (EPA) Multipurpose Grant for the assessment and cleanup of contaminated soil on the Property. Contaminated groundwater will be addressed via an environmental covenant prohibiting its use. Enrollment in the lowa Land Recycling Program for assessment and cleanup is a condition of the City's EPA Workplan for this grant. The City of Dubuque owns the Property. The scope of this enrollment includes soil remediation such that risk evaluation following cleanup activities indicates that the Site is safe for Site Residents, Site Workers, and Construction Workers. Page 516 of 890 Attachment A2—Additional Participants There are no additional participants. Page 517 of 890 Attachment A3— Interested Parties There are no other interested parties. Page 518 of 890 Attachment B1 - Property Access Not Applicable—City of Dubuque owns the Property. Page 519 of 890 Attachment B2 -Additional Property to be Enrolled Not Applicable Page 520 of 890 Attachment C1 - Condition to be Addressed According to a May 1, 2025, Impact7G Phase II Environmental Site Assessment Report; • Laboratory analysis of Range 1 soil samples indicated arsenic soil concentrations exceeded the IDNR SWS in three out of the eight borings advanced on-site. No additional RCRA 8 metals were detected at concentrations greater than IDNR SWS. Arsenic site-specific background will be established in coordination with DNR staff if necessary. • Benzo(a)anthracene, benzo(b)fluoranthene, and dibenz(a,h)anthracene were detected in Range 1 soil in SB-1 above IDNR SWS. No other SVOCs were detected at concentrations greater than IDNR SWS. Range 2 sample collection for PAHs was completed for this location in order to achieve delineation. • No VOC constituents in soil were detected at concentrations greater than the IDNR SWS. • Laboratory analysis of Range 2 soil samples indicated that no constituents were above SWS. • Laboratory analysis of groundwater samples indicated that arsenic, benzo(a)anthracene, benzo(a)pyrene,benzo(b)fluoranthene,indeno(1,2,3-cd)pyrene,and benzene exceeded SWS for a protected groundwater source. No other constituents were detected at concentrations above the SWS for protected or non-protected groundwater source. • TEH as diesel and waste oil in groundwater were detected at concentrations above laboratory reporting limits in six out of the eight monitoring wells. There are no SWS for TEHs in groundwater. The highest concentration was detected at MW-4 at 35,000 ug/L of TEH as diesel. Page 521 of 890 Attachment C2 -Other Known Contamination Not Applicable Page 522 of 890 Attachment D- Historical Information The Site consists of 4.08 acres and is located in a former industrial area adjoining the Mississippi River within the City of Dubuque. According to historical Sanborn Maps, the Site appeared to be developed with apparent small garages on the north half and cattle pens on the south half since at least 1909. A rail spur was also depicted along the west edge of the Site. By the 1950s, the Site was developed with several structures which included an automotive storage and repair building near the northwest corner, a small building labeled as Hughes Oil Company with three (one million+gallon-sized) aboveground storage tanks (ASTs) used for gasoline in the center of the Site, and two ASTs used for fuel oil labeled as Boat Fueling on the south side. By 1970, the majority of the Site was occupied by Sinclair Refining Company which included approximately 14 ASTs ranging in capacity from 250,000-to 4,000,000-gallons. The auto repair shop still remained in the northwest corner. During this time, the west adjoining property was developed with five ASTs also labeled as Sinclair Refining Company on the south half of the property and the north half was developed with a large building labeled Mulgrew Oil Company and Ice Plant. Koch Materials Company leased the Site in 1981 for the purpose of storing and distributing various grades of asphalt materials as well as kerosene, gasoline, and heating oils. Google Earth images suggest that the Site was an active bulk storage facility in 1999. By 2004, all ASTs were removed and only two buildings remained along the western boundary until 2007. The Site has remained mostly vacant since 2008. Page 523 of 890 Attachment E1- Current Setting The former Sinclair site is located at 130 Terminal Street in Dubuque, lowa. The Site boasts easy accessibility to downtown Dubuque in the surrounding area to the north, U.S Highway 61 to the west, as well as the Mississippi River which adjoins to the Site to the east. Utilizing a FY2019 Multipurpose Grant, a Phase II ESA was completed at the Site in September 2024 by Eocene Environmental Group. At the time of the investigation, the Site consisted of a vacant lot with remnants of past operations including concrete pads or foundations and driveway entrances. Page 524 of 890 Attachment E2 - Future Setting The Site will be redeveloped into a vibrant live work play district of Dubuque, offering the community recreation and more along the Mississippi River. To accomplish this goal, all existing foundations and structures will be razed. Page 525 of 890 Attachment E3 -Time Table Participation Agreement and LRP Application submitted on 5/8/2026. Schedule of activities will follow a typical LRP Schedule (shown below) beginning on 5/8/2026. Sinclair Cleanup Schedule Milestone Date Draft Specifications, Plans and Estimate to City/QPR Due April 29, 2026 Receive City Comments May 6, 2026 Post ABCAs to Project Website May 8, 2026 LRP Enrollment Forms, SAR, RERA Cleanup Plans to DNR May 8, 2026 Final Specifications, Plans and Estimate to City May 11, 2026 Initiate Public Bidding Process—Council Deadline May 12, 2026 Change Order Due to City May 14, 2026 Initiate Public Bidding Process May 18, 2026 Construction Plan /Specs Complete May 22, 2026 Post Bid Documents to City Website May 22, 2026 Publish Notice to Bidders,Advertise for Bids May 22, 2026 Notice of Public Hearing on Plans and Specs May 22, 2026 Public Hearing on Plans & Specs—Council Deadline May 26, 2026 Public Hearing on Plans & Specs (Emilyjoins remotely) June 1, 2026 Receipt of Bid Proposals June 4, 2026 Award Construction Contract—Council Deadline June 9, 2026 DNR First Notification to Neighboring Properties June 9, 2026 Award Construction Contract June 15, 2026 Construction Begins Pending DNR Approval June 15-July 7, 2026 QPR Due July 30, 2026 Construction Completion Date August 13, 2026 Notify EPA that Cleanup is Complete August 13, 2026 Issue Cleanup Report and EC Draft to DNR and EPA August 13, 2026 DNR Approves Cleanup Report and EC Language TBD Record EC TBD QPR August 13, 2026 DNR Second Notification to Neighboring Properties TBD Final Reports to DNR Including Recorded ECs Attached TBD DNR Issues No FurtherAction TBD Eocene to Edit ACRES Work Packages TBD Complete Grant Closeout Reporting (includes final QPR) Prior to October 30, 2026 Page 526 of 890 E4- Estimate of Project Magnitude A Draft Analysis of Brownfields Cleanup Alternatives (ABCA) Report was completed May 8, 2026, outlining proposed options for remediation of the Property. The prevailing recommendation is for the removal and disposal of contaminated soil at the Dubuque Metropolitan Solid Waste Industry landfill. In September 2024, a Phase II ESA was completed at the Site by Eocene Environmental Group. Soil and groundwater samples were collected and analyzed for RCRA metals, VOCs, PAHs, TEHs, and herbicides. Laboratory results of soil indicated that several PAHs and arsenic exceeded lowa statewide standards (SWS). Exceedances in soil were relatively close to the SWS. Soil arsenic concentrations ranged from 0.9 to 5.78 mg/kg (SWS 1.9 mg/kg). The highest PAH detected in soil was benzo(b)fluoranthene which had a concentration of 4.19 mg/kg (SWS 3.1 mg/kg). Laboratory results indicated that several PAHs, benzene, and arsenic were identified in groundwater above the SWS for a protected groundwater source. No contaminants of concern were identified above the SWS for a non-protected groundwater source. Contaminated groundwater will be addressed via an environmental covenant prohibiting its use. Page 527 of 890 Attachment E5 -Anticipated Obstacles to Completion None anticipated. Page 528 of 890 Attachments F1, F2, and F3 Not Applicable Page 529 of 890 � J � r� � 1 I � ;�,��. , � `°,�-, a _ • � _ ` �� _�., � � I, � ,� I; - . . � � ..�� t�r :<� :�'� � Jp • ' • a�t � r �'�"� ��:.� ^ � . � • � • � � , ' ' � -- , _ „ - �� ! � �ONES ST ._"`�`�.."� `� � � �� o �� i+ � � -� � r ' �. �, — '�`' � ,ir►s '� ^ . ,�, �� w �r I �r �\ �' �� Q`a '�� p _ t <� � '�s `^� � � Dodds Site � ��'�� d- -j,� � , � �� -- ' � 3.49�ac � /''�' �^� -7, �. 4 � �,��\�R � 1 ,� •' I �', , �'�I� � I �F �� I I '�'�\ q�'= � �� ■� I � �; }�. � � � ' ;-- �� .�� '�'�� %' --�'- -—�' � a �� T —.. �1:-v...i��w�� ar± -\��F =-��_ �� __t _-s=- .._ r � '— +� - , �,.j� � — � r '. ; a � � �� ► � , �� ,�� , � ��; �� , ,�' -: c;�� M: \�^��x� r' �. . �� $�� 61 � �� _ .� �:� y..� � °�� \ � — � . 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