Dredged Material PlacementMEMORANDUM
July 30, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Dredged Material Placement Permit
The Park Division C.I.P. budget contains $81,645 to rip rap the shoreline of Miller-
Riverview Park. Over the years, the dyer flooding has washed away some ofthe
shoreline of the park. This project provides for reclaiming some of the lost shoreline
and then placing rip rap to prevent further damage to the shoreline.
The U.S. Army Corps has agreed to place the dredge material from their dam repair
project at Miller-Riverview Park, at no cost to the City. The City will be able to reclaim
most of the lost shoreline with this material, and will only have to rip rap the shoreline
and place some topsoil over the dredge material, if needed.
Leisure Services Manager Gil Spence is recommending City Council approval of the
Dredge Material Placement Permit with the U.S. Army Corps of Engineers.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services
SUBJECT:
Manager~
Dredged Material Placement Permit
July 29, 2002
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the attached
Dredged Material Placement Permit with the U.S. Army Corps of Engineers for the
replacement of dredge material along the shoreline of Miller-Riverview Park.
DISCUSSION
The Park Division C.I.P. budget contains $81,645 to rip rap the shoreline of Miller-
Riverview Park. Over the years, the river flooding has washed away some of the shoreline
of the park. This project provides for reclaiming some of the lost shoreline and then
placing rip rap to prevent further damage to the shoreline.
Civil Engineer Bob Schiesl has been working with the U.S. Army Corps to have dredge
material from their dam repair project placed at Miller-Riverview Park. The Corps was
looking for a location to place the material so Bob offered the park. The Corps was excited
to have a location so close and agreed to place the material at no cost to the City. We will
be able to reclaim most of the lost shoreline with this material and will only have to rip rap
the shoreline and place some topsoil over the dredge material, if needed.
Bob Schiesl is also working with the Corps contractor on their repair project to rip rap the
shoreline at the unit bid price they gave the Corps.
Corporation Counsel Barry Lindahl has reviewed the permit and sees no problems with it.
The Corps is ready to proceed with their project so they should begin the placement of
material soon.
ACTION STEP
The action requested is that the City Council approve the Dredge Material Placement
Permit with the U.S. Army Corps of Engineers and authorize the City Manager to sign it.
GDS:et
attachment
DREDGED MATERIAL PLACEMENT PERMIT
Contract No.
of the City of Dubuque, Iowa hereinafter referred to as the Grantor(s), hereby grant(s) to the United States of
America, its officers, agents and employees; and its contractors, their agents and employees, hereinafter referred to
as the GovemmenL permission to enter upon and use the following described land located in Sections 29 and 32,
Township_89 North, Range 3, East Principal Meridian, County of Dubuque, State of Iowa, during a period of
twelve (12) months from and after the date of this inslrament for the purpose of placing dredge material from
dredging operations performed for operation and maintenance of the Mississippi River. The lands are shown
highlif, hIed in pink on the attached drawings.
2. Said dredged material may be placed on the above-described lands in such mmmer as suits the convenience of the
dredging operations; however, to the extent posm~ble, dredged fill materials placed along the shoreline of Schm/tt
Island (also known as Grantor Island, or Harem Island) in the vicinity of Miller Riverview Park, in accordance with
contract specifications, shall be deposited and shaped by the Corps in a staged manner. That is, fill shall be
deposited in bands commencing at an innermost point on shore, then moving canlinuensly outward, or riverward
from that point until the outer perimeter of the fill area is reached and final deposits are shaped in preparation for the
placement of tiptop. As each band is completed the Corps shall begin placing fill in the next consecutive lateral
band, always working from the shore area to the fill area perimeter, mail the described fill activity is completed.
Immediately upon completion of the shaping of the outer perimeter of each band by the Corps, the Grantor shall
place riprap along said perimeter. The Grantor shall place tiprap along the outer perimeter of the entire reclaimed
shomtine and any associated vulnerable areas as final shaping is completed by the Corps. Ripmp applied to the area
shall consist of nsfive field stone, quarry-nm rock, or quarried rock. The Grantor shall apply- the volume of tiptop
required to accomplish erosion protection along the reclaimed shoreline. Excavated or filled areas not capped with
riprap shall be protected from erosion by temporary erosion canlxol methods until an optimal seeding period amves,
at which lime the Grantor shall be seed such areas with native grasses consistent with those in the NRCS Critical
Areas Seeding Mixture, excluding Reeds Canary Gross.
3. All tools, equipment and other property taken upon or placed upon the land by the Government shall remain the
property of the Government and may be removed by the Government at any time within a reasonable period after
the expiration of this instmmont
4. The Grantor, owner of the above-described lands, in considemtian of the benefits to be received hereunder, does
hereby expressly and fully release and forever discharge the Government from all liability for any and all damage
done or caused to be done, and does hereby agree to hold and save the Government free and harmless from any and
all clairn~ and demands whatsoever for any damage to the abeve~descn~bed land, or any improvements or personal
proper~ thereon, resuiting from said dredging operations.
5. Disposal of dredged material is regulated under Section 404 of the Clean Water Act, and dredged materia/s are
evaluated under Section 404(b)(1) of said Act. Dredged materials are not subject to regulation as a hazardous waste;
however, if the depositing of dredged material by the Government under this permit somehow exposes the Grantor
to liability for hazardous substances and their clean-up, such Grantor liability will be excepted from the provisions
of paragraph 4 above.
6. The granting of this permission, right, privilege and license does not obligate the Government to perform any
dredging upemfions for the depositing of dredged material upon the above described property.
subordinate (my)(our) tenancy to the provisions hereof.
In the presence of:
(Wimess to Owner's Signature)
Accepted this day- of
Signatore(s):
City of Dubuque, Iowa
2002, on behalf of the United States of America.
By:
Clfief, Real Estate Division
DREDGED MATERIAL PLACEMENT PER
MIT
Contract No.
1. (I), (We) .........
of the City of Dubuque, Iowa hereinafter referred to:.::.::.:..:::::'::'
as the Gralntor(s), hereby grant(s) to the United
America, its officers, agents and employees; and its contractors, their agents States of
as the Government, permission to enter upon and use g is and employees, hereinafter referred to
Townshi 89 North, Rangep the following described land located in Sections 29 and 32,
p_ 3, East Principal Meridian, County of Dubuque, State of Iowa, during
twelve (12) months from and after the date of this instrument for the purpose a period of
dredging operations performed for operation and maintenance of placing dredge material from
p of the Mississippi River. The lands are shown
highlighted in pink on the attached drawings.
2. Said dredged material may be placed on the above -described lands in such
dredging operations; however, to the extentpossible, dredgedmanner as suits the convenience of the
fill materials placed along the shoreline of Schmitt
Island (also known as Grantor Island, or Hanim Island) in the vicinityof Mil
contract specifications, shall be deposited and Miller Riverview Park, in accordance with
p shaped by the Corps in a staged manner. That is, fill shall be
deposited in bands commencing at an innermost point on shore then moving
from that point until the outer perimeter of the fill area. i ' continuously outward, or rivertivard
s reached and final deposits are shaped in preparation for the
placement of riprap. As each band is completed the Corps shall begin placing
band, always working from the shore area to the fill area perimeter,
p g fill in the next consecutive lateral
a perllnneter, until the described fill activity is completed.
Immediately upon completion of the shaping of the outer perimeter of each ban
. placeband by the Corps, the Grantor shall
place riprap along said perimeter. The Grantor shall riprap along the outer perimeter of the entire reclaimed
shoreline and any associated vulnerable areas as final shaping is by quarry -rim completed
shall consist of native field stone, t _gun rock,pthe Corps. Riprap applied to the area
q or quarried rock. The Grantor shall apply the volume of riprap required to accomplish erosion protection along the reclaimed shoreline. Excavatedor . p p
riprap shall be protected from erosion bytemporary erosion filled areas not capped with
p � control methods until an optimal seeding period arrives,
at which time the Grantor shall be seed such areas with native grasses consistent with those
Areas Seeding Mixture, excluding Reeds Canary Grass. in the NRCS Critical
3. All tools, equipment and other property taken upon or placed upon the land bythe Go
property of. the Government and may be removed bythe Government at any time Government shall remain the
ne within a reasonable period after
the expiration of this instrument.
4. The Grantor, owner of the above -described lands, in consideration of the benefits to be received
hereby expressly and fully release and forever discharge the � ,, v d hereunder, does
g Goverment from all liability for any and all damage
done or caused to be done, and does hereby agree to hold and save the Government free and h
all claims and demands whatsoever for anydamage to thea.i7nnless from any and,
g above -described land, or any improvements or personal
property thereon, resulting from said dredging operations.
5. Disposal of dredged material is regulated under Section 404 of the Clean Water Act, and dredged x
evaluated under Section 404(b)(1) of said Act. Dredged materials g d materials are
(b) () g a s are not subject to regulation as a hazardous waste •
however, if the depositing of dredged material by the Government under this permit somehow exposes
to liability for hazardous substances and their clean-up,such Grantorp P es the Grantor
liability will be excepted from the provisions
of paragraph 4 above.
6. The granting of this permission, right, privilege and license does not obligate the Government to perform
dredging operations for the depositing of dredged material upon the above described property.
p any
7. (1), (We) : tenant(s) on the premises described herein, concur .in this permit and
subordinate (my)(our) tenancy to the provisions hereof
p
Dated:
Signature(s):
Ci of Dubuque, Iowa.
Accepted this day of 2002, on behalf of the United States of America.
By:
Chief, Real Estate Division