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Lower Bee Branch Creek Restoration_Environmental Information for SRFTHE CITY OF Dubuque -~ DUB E A°~~'~'~~~ 1 1 Masterpiece an the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lower Bee Branch Creek Restoration Project, Environmental Information Document DATE: November 6, 2009 City Engineer Gus Psihoyos recommends City Council approval of the Environmental Information Document as a prerequisite for the use of State Revolving Loan Funds (SRF) for the construction of the Lower Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. ichael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF ~„~ Dubuque .~~ _._. I~~I~ Masterpiece on the Mrsstssippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer , DATE: November 5, 2009 SUBJECT: Lower Bee Branch Creek Restoration Project, Environmental Information Document INTRODUCTION The purpose of this memo is to request that the City Council authorize the Mayor to sign the attached Environmental Information Document as a prerequisite for the use of state revolving loan funds (SRF) for the construction of the Lower Bee Branch Creek Restoration Project. BACKGROUND In 2001 the Drainage Basin Master Plan identified four projects to provide flood protection for 1,150 properties: the Carter Road Detention Basin, the W. 32"d Street Detention Basin, and the Lower and Upper Bee Branch Creek Restoration Projects. In November of 2006, the City Council approved the use of State Revolving Fund (SRF) Loans for the Lower Bee Branch Creek Restoration Project. The interest rate for General Obligation (GO) bond financing was estimated to cost 4.5% for 20 years. The terms for the use of SRF is only 3% interest plus a .25% annual servicing fee. Therefore, if the City funds the Drainage Basin Master Plan improvement projects using SRF, the City will save an estimated $2.8 million on debt service over the life of the borrowing. DISCUSSION Prior to authorizing the City of Dubuque to proceed with the construction of the Lower Bee Branch Creek Restoration Project, the Iowa Department of Natural Resources (IDNR) performs an assessment to outline the environmental impacts of the project. They have almost completed the process. One of the final steps is to require the Mayor to sign the attached Environmental Information Document. Engineering staff has reviewed the document and believe that "the project description, scope, and anticipated environmental impacts detailed (within) are accurate and complete to the best to (the Engineering staff's) knowledge." RECOMMENDATION I recommend that the Mayor sign the attached Environmental Information Document acknowledging that to the best of his (and City staff's) knowledge "the project description, scope, and anticipated environmental impacts detailed (within) are accurate and complete" as required by the IDNR for the City's use of SRF for the construction of the Lower Bee Branch Creek Restoration Project. ACTION TO BE TAKEN I respectfully request that the City Council authorize the Mayor to sign the attached Environmental Information Document for the Lower Bee Branch Creek Restoration Project. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director Laura Carstens, Planning Services Manager David Harris, Director of Housing & Community Development Don Vogt, Public Works Director John Klostermann, Street & Sewer Maintenance Manager David Heiar, Economic Development Director Deron Muehring, Civil Engineer II Attach. STATE ENVIRONMENTAL INFORMATION DOCUMENT PROJECT IDENTIFICATION Applicant: City of Dubuque Project No.: CS1920513-01 -Lower Bee Branch Creek County: Dubuque State: Iowa COMMUNITY DESCRIPTION Location: The City of Dubuque is located in Dubuque County approximately 90 miles east of Waterloo, Iowa and 70 miles north of Davenport, Iowa. Population: The population of Dubuque according to the 2000 US Census is 57,686. System Background: There is a long history of flooding associated with the Bee Branch, a water of the United States. The Herald (now the Telegraph Herald) reported on September 10, 1875 the "flats were a vast lake." Another flood was reported in 1878. In late June of 1880 it was reported that the city between 11th and 20th Streets was under several feet of water. In 1896 it was reported that the flood played havoc with the newly paved Kaufman Avenue. And recently, floods in 1999, 2002, and 2004 produced flood damage spurring Presidential Disaster Declarations. In 1999 the Telegraph Herald reported that hundreds of basements were flooded. Furnaces, water heaters, washers and dryers, freezers, and even electrical boxes were damaged. Even before the flood of 1999, the City Council began charting a new course towards addressing the Bee Branch flooding issue by commissioning an engineering study to identify improvements to solve the problem once and for all. Completed in the fall of 2001, the Drainage Basin Master Plan (DBMP) concluded what thousands of residents already knew; over 1,150 properties were at risk of flood damage due to heavy rains. The DBMP also outlined four projects to address the flooding issue: the Carter Road Detention Basin that was constructed in 2004 for $1.1 million, the W. 32`~ Street Detention Basin that was constructed in 2009 for $3.7 million, and the Lower and Upper Bee Branch Creek Restoration Projects. PROJECT DESCRIPTION Purpose: The purpose of this project is to make improvements that both reduces property damage due to flooding and improves the water quality within the Bee Branch and Mississippi. Proposed Improvements: The proposed improvements involves the removal of 1,500 feet of existing stone arch storm sewer that currently confines the Bee Branch and replacing it with a 2,300-foot long, by 100-foot wide, by 5-foot deep open water way. ALTERNATIVES CONSIDERED Alternatives Considered: As outlined in the DBMP, several alternatives were considered. A Public education program was considered that would inform citizens of required safety practices before, during and after a flood. Frequently, casualties during flooding relate to structural failures of basement and foundation walls. Public education is an effective means to inform people of these dangers. Public outreach could include the development of public programs to provide emergency shelters and first aid during a flood event and emergency service to assist in evacuation of residences. A flood plain buyout was also considered. Another alternative involved the flood proofing of structures. Flood proofing facilities could range from structural modifications to reduce or eliminate damages from flooding to educational programs that inform people how to protect their property or remain safe during a flood event. Structural measures are usually implemented in commercial or industrial settings where personnel are available to operate and maintain flood EID Page 2 City of Dubuque CS1920513-01 -Lower Bee Branch Creek proofing devices. In residential applications, flood proofing is usually limited to the relocation of vital residential systems such as heating, cooling, water heaters and laundry areas to safe flooding areas. The relocation of electrical services to areas above the anticipated water surface elevation is also required. Another option considered was the creation of upstream detention areas. The construction of a relief sewer was also considered. Construction of a relief storm sewer to expand the capacity of the Bee Branch storm sewer trunk line would deliver water to the Mississippi River more quickly and decrease flooding in the low-lying areas of the City. Once the open waterway option was identified as the proposed solution, the Dubuque City Council commissioned the Bee Branch Creek Restoration Alignment Study to establish the optimum alignment for the proposed creek based on engineering, environmental, social, and economic constraints; to establish the look and feel of the restored creek; and to establish how the creek would behave during light, moderate, and heavy rains. The City Council created asixteen-member Bee Branch Citizen Advisory Committee (BBCAC) comprised of impacted residents, impacted property owners, senior citizens, a local parishioner, local PTA member, a developer, a State representative, and a Dubuque Board of Realtors member. CDM, the City's consultant for the project was directed to work with the BBCAC to ensure stakeholder input. Between September of 2003 and June of 2004, the BBCAC convened six times, discussing the problems, solutions, and several options as to the optimum location and look of the restored creek. The adopted alignment is the alignment recommended by the BBCAC. In addition to the alternatives considered in the DBMP, CDM discussed and evaluated a full range of potential solutions through a screening process with the BBCAC. Some solutions were not feasible, while others could be a component of an overall solution. The screening process narrowed the list of solutions down to two options: an open waterway or open channel, and a combination of a buried pipe and open channel. Reasons for Selection of Proposed Alternative: The No-Action alternative is not viable due to the history of flood damage and the risk to human health and safety posed by current conditions. Two hydraulically effective regional upstream detention areas were identified that the City has already constructed: one on Carter Road and one on W. 32"~ Street. The only remaining alternative that could be shown to eliminate the flood risk was the Lower and Upper Bee Branch Creek Restoration Projects. The BBCAC recommended an alignment that scored best according to weighted evaluation criteria that they established. They evaluated of multiple alignments for the project. The top three priorities chosen by the BBCAC to evaluate alignments and alternatives, in order of importance, were to preserve commercial /noncommercial services, minimize residential property acquisitions, and minimize cost. The project site (alignment) was based on the recommendation of the BBCAC. MEASURES TAKEN TO ASSESS IMPACT: Coordination and Documentation With Other Agencies following Federal, state and local agencies were asked to better assess the potential impact to the environment: U.S. Army Corps of Engineers State Historical Society of Iowa Iowa DNR Conservation and Recreation Division U.S. Fish and Wildlife Service Iowa DNR Water Resources Section Citizen Band Potawatomi Indian Tribe Delaware Tribe of Indians Flandreau Santee Sioux Ho-Chunk Nation Iowa Tribe of Kansas and Nebraska Iowa Tribe of Oklahoma and Special Interest Groups: The comment on the proposed project to EID Page 3 City of Dubuque CS1920513-01 -Lower Bee Branch Creek 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 To date, no adverse comments have been received from any agency. 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. A Phase IA Archaeological Assessment for the proposed (Lower and Upper Bee Branch Creek Restoration Projects) in the City of Dubuque, Iowa, examined the archaeological potential of a study area encompassing approximately 26 ac (10.5 ha). The assessment resulted in recommendations for Phase I archaeological and geomorphological investigation of selected parcels within the project corridor. In addition, the study pinpointed locations along the identified historic section ofthe Bee Branch storm sewer recommended for data recovery to mitigate the expected adverse effect to the sewer by the proposed creek restoration project. A Phase I archaeological and geomorphological investigation of selected parcels within the project corridor has been initiated. Findings will be incorporated into a Programmatic Agreement that will outline mitigation of areas of potential effects. ENVIRONMENTAL IMPACT SUMMARY Construction: Above normal noise levels in the vicinity of the construction equipment can be anticipated during construction and should be a temporary problem. Temporary air quality degradation may occur due to dust and fumes from construction equipment. Traffic patterns within the community may be disrupted during construction. Adverse environmental effects from construction activities will be minimized by proper construction practices, inspection, prompt clean up, and other appropriate measures. Areas temporarily disturbed by the construction will be restored. Care will be taken to maintain dirt to avoid erosion and runoff. Adverse environmental impacts on air and noise quality will be handled by limited hours of contractor work time during the day and the reduction of dust problems by wetting as necessary. Solid wastes resulting from the construction project will be regularly cleared away with substantial efforts made to minimize inconvenience to area residents. EID Page 4 City of Dubuque CS1920513-01 -Lower Bee Branch Creek Historical/Archaeological: The State Historical- Preservation Office and various Native American tribes with an interest in the area were provided information regarding the project. The DNR has determined, and the SHPO has concurred, that the undertaking will result in 'no historic properties affected' if potential effects are mitigated per the terms of a Programmatic Agreement. Environmental: According to the Iowa DNR Conservation and Recreation Division, the proposed project will not interfere with any State-owned parks, recreational areas or open spaces. While consultation with the U.S. Army Corps of Engineers has not yet concluded, if needed, any impacts wetlands will be mitigated through the use of a 404 permit. The project will not impact any wild and scenic rivers as none exist within the State of Iowa. The U.S. Fish & Wildlife Service and Iowa DNR Conservation and Recreation Division agree that the project will not impact rare or endangered species or their habitats. According to the Iowa DNR Water Resources Section, this project will not impact the 100-year floodplain, provided a Floodplain Development Permit is obtained from the Department and the terms of which are abided by. No adverse impacts are expected to result from this project, such as those to surface water or groundwater quality or quantity, water supply, fish, shellfish, wildlife, or their natural habitats. Land Use and Trends: The project will not alter the character of existing residential areas. No significant farmlands will be impacted. This project should not impact population trends as the project is to be constructed in a neighborhood that is already in transition from residential to commercial. Currently it includes a mixture of commercial, industrial, and residential land use. The neighborhood includes a former meat slaughtering/packing facility that has been removed and is the process of being redeveloped as a commercial land use. The project will not alter 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. POSITIVE ENVIRONMENTAL EFFECTS TO BE REALIZED FROM THE PROPOSED PROJECT Positive environmental effects will be improved water quality in the Bee Branch and Mississippi as well as a near elimination of the human health and safety hazard posed by the current situation. Based on the preliminary design outlined in the Bee Branch Creek Restoration Project Alignment Study (2004), CDM outlined the expected water quality benefits. According to CDM, exposing the creek to daylight and creating the vegetated green space within the floodway corridor it would result in a 20% improvement in dissolved oxygen; a 13% reduction is suspended sediment, a small reduction in phosphorus, nitrogen, and lead; and a 15% reduction in bacteria. Strand & Associates who was hired by the City to prepare the final design of the project utilized the Source Loading and Management Model (SLAMM) to evaluate the water quality benefits of the proposed final design. SLAMM has been partially supported by organizations such as the Environmental Protection Agency, Ontario Ministry of the Environment, Environment Canada, Wisconsin Department of Natural Resources and the United States Geological Survey. Strand concluded that as proposed, the restored Lower Bee Branch Creek will reduce total suspended solids by 42.8%. This would result in approximately 200 tons less tons of sediment flowing into the Mississippi each year. 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. • While consultation with the U.S. Army Corps of Engineers has not yet concluded, if needed, any impacts wetlands will be mitigated through the use of a 404 permit. • The project will not affect threatened and endangered species or their habitats. • The project will not alter the character of existing residential areas, or impact farmlands. EID Page 5 City of Dubuque CS1920513-01 -Lower Bee Branch Creek According to the Iowa DNR Water Resources Section, this project will not impact the 100-year floodplain, provided a Floodplain Development Permit is obtained from the Department and the terms of which are abided by. The project will not have effect on parklands, preserves, other public lands or areas of recognized scenic, recreational, archaeological, or historic value. The project will not have a significant adverse effect upon local ambient air quality, local ambient noise levels, surface water or groundwater quality or quantity, wafer supply, fish, shellfish, wildlife, and their natural habitats. 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 Roy D. Buol Date 11/16/09