Land and Water Conservation Fund (LWCF) Grant_Eagle Point Park Copyrighted
April 16, 2018
City of Dubuque Consent Items # 17.
ITEM TITLE: Land and Water Conservation Fund (LWCF) Grant
Agreement for Eagle Point Park
SUMMARY: City Manager recommending approval of a FY2017 Land
and Water Conservation Fund Grant Agreement with the
lowa Department of Natural Resources for Implementation
of the Eagle Point Park Environmental Restoration
Management Plan adopted by the City Council on February
6, 2017.
RESOLUTIONAuthorizing LWCF GrantAgreementwith
lowa Department of Natural Resources for Implementation
of Eagle Point Park Environmental Restoration
Management Plan
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Eagle Point Park LWCF Grant Agreement-NNM Memo City Manager Memo
Staff Memo Staff Memo
State Agreement Supporting Documentation
GrantApplication Supporting Documentation
Federal Agreement Supporting Documentation
Resolution Resolutions
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Land and Water Conservation Fund Grant Agreement — Eagle Point Park
Environmental Restoration
DATE: April 4, 2018
Planning Services Manager Laura Carstens recommends City Council approval of a
$175,000 FY2017 Land and Water Conservation Fund Grant Agreement with the lowa
Department of Natural Resources for Implementation of the Eagle Point Park
Environmental Restoration Management Plan adopted by the City Council on
February 6, 2017.
REAP grant funds in the amount of$150,000 and an existing CIP in the amount of
$79,000 for stormwater erosion at Eagle Point Park will provide the local match.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� � ���
Mic ael C. Van Milligen� � �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CTTY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Seroices Manager " 'L
SUBJECT: LWCF Grant Agreement - Eagle Point Park Environmental Restoration
DATE: April 3, 2018
INTRODUCTION
This memorandum requests City Council approval of a $175,000 FY2017 Land and
Water Conservation Fund (LWCF) Grant Agreement with the lowa Department of
Natural Resources (IDNR) for implementation of the Eagle Point Park Environmental
Restoration Management Plan adopted by the City Council on February 6, 2017.
Enclosed are the LWCF grant agreement, grant application, supporting documents, and
a resolution.
BACKGROUND
The LWCF Grant Program is a federal pass-through grant program of the National Park
Service administered by the IDNR. LWCF grants fund outdoor recreation improvements
in public parks and open spaces. The LWCF program provides 50% reimbursement
grants and requires a minimum 1 :1 local match. The City of Dubuque is eligible for up to
$175,000 in grant funds.
DISCUSSION
The City of Dubuque contracted with Applied Ecological Services at a total cost of
$50,000 to create an Environmental Restoration Management Plan for Eagle Point
Park. Implementation of the Management Plan takes an enhancement approach,
building on the existing native plant communities at the park.
This incremental approach will increase native plant and animal diversity, improve
ecosystem functions, invite safe and enjoyable visits, and reduce long-term
maintenance costs of the park. Major restoration and management activities will
include:
• Removal of invasive trees, shrubs, and herbaceous species
• Thinning of young, aggressive native trees from the understory
• Increasing the diversity of native trees, shrubs, and herbaceous plants
• Installing stormwater best practices to better manage runoff
• Stabilizing eroding ravines
LWCF Grant Agreement - Eagle Point Park Environmental Restoration
The FY2017 LWCF grant was awarded to the City for increasing use and recreation in
outdoor areas of Eagle Point Park by repairing and replacing drainageways and basins,
restoring soil quality & native plant communities, and monitoring native plant and animal
habitat restoration.
BUDGETIMPACT
The City of Dubuque has a FY2016 $200,000 Resource Enhancement and Protection
(REAP) grant #16-R4-CZ for the Eagle Point Park Environmental Restoration Project.
The Management Plan development cost of$50,000 was covered by the REAP grant.
The remaining $150,000 in REAP grant funds and an existing CIP #7202301 in the
amount of$79,000 for stormwater erosion at Eagle Point Park will provide the local
match for the LWCF grant, as shown below.
Project Components Est. Cost
Environmental Consulting Services $ 50,000
Contingency 4,000
Implement Manaqement Plan 350,000
Total $404,000
Project Funding Sources Amount
REAP Grant #16-R4-CZ $150,000
CIP #7202301 79,000
LWCF Grant #19-01320 175,000
Total $404,000
RECOMMENDATION
I recommend that the City Council approve the attached resolution authorizing the
Mayor to sign, on behalf of the City, the FY 2017 LWCF grant agreement of$175,000
for implementation of the Eagle Point Park Environmental Restoration Management
Plan.
Enclosures
cc: Marie Ware, Leisure Services Manager
Stephen Fehsal, Park Division Manager
Jenny Larson, Budget Director
Alexis Steger, Senior Budget Analyst
F:\Users\LCARSTEN\WP\GRANTS\Eagle Point Park ERMP FY17 LWCF grant\EPP LWCF Grant Agreement Memo to MVM.doc
2
DEPARTMENT OF NATURAL RESOURCES GOVERNOR KIM REYNOLDS
. LT.GOVERNOR ADAM GREGG
DIRECTOR CHUCK GIPP
March 23, 2018
CITY OF DUBUQUE
50 W 13TH ST
DUBUQUE, IA 52001
Re: Project#19-01320, EAGLE POINT PARK ElWIRONMENTAL RESTORATION MGM'T PLAN
This letter is to inforxn you that the National Park Service has approved federal assistance from the Land
& Water Conservation Fund for the project identified above.
Attached is your Project Agreement #19-01320, EAGLE POINT PARIC ENVIRONNIENTAL
RESTORATION MGMT PLAN, between the Iowa Department of Natural Resources, Land and Water
Conservation Fund and the CITY OF DUBUQUE. Please have the appropriate official sign and return to
the Agreement to my attention. A fully executed copy will be returned to your office. The beginning
date of the project agreement is the date the project is officially approved by the National Park Service, or
the date a waiver of retroactively had been granted.
No costs will be reimbursed for items purchased prior to the beginning date of the project agreement
(except preliminary construction costs for items such as site planning, construction design, feasibility
studies, etc, or unless a waiver of retroactively has been granted). Development costs are first incurred at
the start of actual physical work on the project site (such as clearing of ground, the beginning of
construction of a building, ar the delivery of material to the site). Acquisition costs are incuired when the
participant takes the signed deed, lease, or other appropriate conveyance.
Please read the enclosed agreement and general conditions from your application to be aware of your
obligations. All acquisition and/or development work must be completed by the expiration date. If you
have any questions, please contact me at 515-725-8213.
Sincerely,
�atl�ee�c 7�2aeKcl
Kathleen Moench
Budget and Finance Bureau
Enclosures
WALLACE BUILDING,502 E 9T"ST, DES MOINES IA 50319
Phon e:515-725-8200 www.l owa D N R.�ov Fax:515-725-8201
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4121
RESOLUTION NO. 96-18
RESOLUTION AUTHORIZING LWCF GRANT AGREEMENT WITH IOWA DEPARTMENT
OF NATURAL RESOURCES FOR IMPLEMENTATION OF EAGLE POINT PARK
ENVIRONMENTAL RESTORATION MANAGEMENT PLAN
Whereas, the Iowa Department of Natural Resources provides grant funds from LWCF
(Land and Water Conservation Fund) for projects that help establish natural areas,
encourage outdoor recreation, and enhance and protect Iowa's natural and cultural
resources; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that includes
goals for environmental quality, park improvements, and stormwater management; and
Whereas, the City of Dubuque has budgeted the required local match.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the FY 2017 LWCF Grant agreement
with the lowa Department of Natural Resources for Implementation of the Eagle Point Park
Environmental Restoration Management Plan in the amount of $175,000.
Section 2. That the City Council hereby provides its written assurance that the
completed project will be adequately maintained for its intended use in accordance with
state requirements.
Passed, approved and adopted this 16th day o
Attest:
Kev S. Firnstahil, City Clerk
pril, 2018.
David T. Resni k, Mayor Pro -Tem
F:\Users\LCARSTEN\WP\GRANTS1Eagle Point Park ERMP FY17 LWCF grant\FY17 LWCF Grant Agreement Resolution.doc
FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM
CFDA#: 15916, Outdoor Recreation/Acquisition,Development&Planning
IOWA DEPARTMENT OF NATiJRAL RESOURCES
PROJECT AGREEMENT
COUNTY: DUBUQUE
PROJECT NO.: 19-01320
NANIE OF PARTICIPATING AGENCY: CITY OF DUBUQUE
DUNS NLJBMER:
ADDRESS: 50 W 13TH ST
DUBUQUE, IA 52001
PROJECT TITLE: EAGLE POINT PARK ENVIRONNIENTAL RESTORATION MGMT PLAN
PROJECT PERIOD: 3/1/2018-12/31/20
PROJECT SCOPE: (Description of Project)
INCREASING USE AND RECREATION IN AREAS OF EAGLE POINT PARK BY
REPAIRING& REPLACING DRAINAGEWAYS & BASINS, RESTORE SOIL QUALITY &
NATIVE PLANT COMMUNITIES, AND PLANT/ANIMAL MONITORING, LOCATED OFF
SHIRAS AVENUE, CITY OF DUBUQUE, IOWA.
The National Park Service has determined that there will be no adverse effects and the integrity of
the cultural resources within the proposed project site will not be compromised by the
undertaking when the conditions listed below are met:
1. If ground disturbance is planned around site 13DB 1 as identifiedin the 2015 Wapsi Valley
Archaeology Phase I Intensive Archaeological Survey of Eagle Point Park, a Secretary of the
Interior-qualifiedprofessional archeologist must monitor the work to ensure no human remains
are disturbed.
2. An archaeological monitor must be on site for any ground disbxrbing activities that take place
on areas that are not already demonstrably disturbed. We recommend avoidance of the following
areas: 1) Areas identified in Exhibit 10 of the Eagle Point ParCEnvironxnental Restoration
Project: Site development Maps with high avoidance ratings and; 2) the eleven sites identified in
figure 2 of the 2015 Wapsi Valley Archaeology Phase I Intensive Archaeological Survey of Eagle
Point Park.
3. Any tree removal requires a flush cut and the root balls remain intact.
4. Should any cultural, historical, or paleontological resources be exposed as part of proposed
project activities, the National Park Service must be notified immediately in accordance with the
Protection of Historic Properties regulations of the Advisory Council on Historic Preservation [36
CFR Part 800.13(b)]. If human remains are accidentally discovered, Iowa burial law [Code of
Iowa, Sections 263B, 5231.316, and 716.5; IAC 685, Ch.11.l] requires that all wark in the vicinity
of the finding be halted, the remains protected, local law enforcement officials notified, and the
Burials Program Director at the OSA contacted immediately(319-384-0740).
PROJECT COST: ATTACHMENTS:
Total Cost $ 404,000.00
Fund (LWCF) amount not to exceed 50%
Fund (LWCF) Amount $ 175000.00 (43.317%)
Cost of this Segment $ 404,000.00
Assistance this Segment $ 175000.00
1. General Provisions
(Dated:) October 2016
The State of Iowa, represented by the Director, Department of Natural Resources, and the local agency
named on the reverse side, mutually agree to perform this agreement in accordance with the Land and
Water Conservation Fund Act of 1965, 78 Stat. 897 (1964) as amended, with the general provisions
attached hereto and made a part hereof, and with the approved project proposal including attachments and
any amendment thereto which have been or will be submitted for this project.
The State hereby promises, in consideration of the promises made by the local agency herein, to take the
necessary steps and action and to attempt to enter an agreement and any necessary amendments to obtain
federal cost-sharing for that portion of the project cost referred to on the reverse side as "Fund Amount,"
to accept such funds from the United States and disburse the same to reimburse the local agency that
portion of the total project cost that is the United States' share. It is understood by the parties hereto that
this agreement shall not obligate State of Iowa funds for the project costs described herein, to execute the
project or project segment described on the reverse side in accordance with the teiuis of the agreement. It
is further understood that incurred costs will not be reimbursed without written approval that such federal
funds have been encumbered.
The following special project tetus and conditions were added to this agreement before the parties signed
it hereto:
A final billing for reimbursement shall be submitted to the State not later than 90 days
following the expiration of the project period. Failure to do so shall, at the discretion of the
State, be cause for termination of the project with no further reimbursement offends.
The grantee shall comply with 43 CFR Part 12, Subpart B -Audit Requirements for State and
Local Governments.
STATE OF IOWA
By:
Chuck Gipp, Director
Iowa Department of Natural Resources
3/1/2018
Date
LOCA GENCK
By:
Signature
:-ey-D-Buellor
Name & Title:
David T. Resnick, Mayor Pro -Tem
PROJECT COST: ATTACHIVIEN'PS:
Total Cost $ 404,000.00 1. General Provisions
Fund(LWCF) amount not to exceed 50% (Dated:) October 2016
Fund(LWCF) Amount $ 175000.00 (43.317%)
Cost of this Segment $ 404,000.00
Assistance this Segxnent $ 175000.00
The State of Iowa, represented by the Director, Department of Nabxral Resources, and the local agency
named on the reverse side, mutually agree to perforxn this agreement in accordance with the Land and
Water Conservation Fund Act of 1965, 78 Stat 897 (1964) as amended, with the general provisions
attached hereto and made a part hereof, and with the approved project proposal including attachments and
any amendment thereto which have been or will be submitted far this project
The State hereby promises, in consideration of the promises made by the local agency herein, to take the
necessary steps and action and to attempt to enter an agreement and any necessary amendments to obtain
federal cost-sharing far that portion of the project cost referred to on the reverse side as "Fund Amount,"
to accept such funds from the United States and disburse the same to reimburse the local agency that
portion of the total project cost that is the United States' share. It is understood by the parties hereto that
this agreement shall not obligate State of Iowa funds far the project costs described herein, to execute the
project or project segxnent described on the reverse side in accordance with the terms of the agreement It
is further understood that incurred costs will not be reimbursed without written approval that such federal
funds have been encumbered.
The following special project terxns and conditions were added to this agreement before the parties signed
it hereto:
A final billing for reimbursement shall be submitted to the State not later than 90 days
follawing the expiration of the project period. Failure to do so shall, at the discretion of the
State, be cause for termination of the project with no further reimbursement of funds.
The grantee shall comply with 43 CFR Part 12, Subpart B -Audit Reguirements for State and
Local Governments.
STATE OF IOWA LOCAL AGENCY
By: By:
Chuck Gipp,Director Signature
Iowa Departxnent of Natural Resources
Name& Title:
3/1/2018
Date
DEPARTMENT OF NATiJRAL RESOURCES
LAND & WATER CONSERVATION FUND
DEVELOPMENT PROJECTS -PERFORMANCE& ADMINISTRATION
Arraneements with Particivant. It is the responsibility of the State to make arrangements with other
public agencies suitable and adequate to insure successful perforxnance of projects and to enable the
continued operation and maintenance of aided facilities and properties for public outdoor recreational use.
States shall assure that Participants comply with the terms of the project agreement, the provisions of the
NPS, and all relevant laws, rules and regulations. States shall be responsible far the actions of
Participants relating to the execution of projects.
PROJECT PERFORMANCE
1. Performance of Construction by Contract. When the total value of construction wark to be perforxned
by a contract exceeds $25,000, the following requirements shall apply with respect to performance of
the wark:
A. Bids and Awards. Competitive open bidding shall be required, unless the National Park Service
(NPS) waives the requirement When the Participant considers the lowest bidder unqualified,
incapable or not responsible, the next lowest bidder may be approved. Justification for
acceptance of a no-bid contract or awarding of contracts to other than the lowest bidder shall be
subject to the approval of the NPS.
B. Chan¢e Orders. The organization involved shall issue written change orders to the contract for all
necessary changes to the facility. Any change which alters the nabxre or purpose of the facility
must be approved by the Director, NPS. Such change orders shall be filed and preserved for a
period of three years after the completion of the project. Change orders should be made part of
the project file and kept for audits.
C. Information to be Given Bidders Concernin¢Federal Funds. The Participant or State shall inform
bidders that federal funds are being used to assist in construction. It is preferable to include this
information in notices released prior to the issuance of bid invitations.
D. Acceptance of the Contract Wark. The Participant or State has full responsibility for determining
that the recreation facility is complete and ready for acceptance.
2. Compliance With State and Local Laws. Construction must comply with those State and Local laws,
the violation of which may endanger the completion or utilization of the facilities. Any penalties
assessed for noncompliance cannot be matched with federal funds.
3. Compliance With Federal Laws. The organization involved, and contractors shall comply with all
Federal laws pertaining directly and indirectly to the proposed construction, including Executive
Order 10925, as amended by the Executive Order 11114, which prohibits discrimination in
employment.
ACCOUNTS &RECORDS
1. Financial Responsibility. The State shall be responsible for the financial management of accepted
projects. Appropriate internal controls must, therefore, be adopted and installed to insure that the
project is accomplished in the most efficient and economical manner.
2. Accountine For Funds Received. The State shall provide such fund accounting procedures as may be
necessary to assure proper disbursement and accounting for Fund monies paid to the State pursuant to
the Act. The accounting procedure should be based on generally-accepted accounting standards and
principles and generally meet the following minimum requirements, unless the Director, NPS agrees
to exceptions:
A. Establishxnent of separate accounts and supporting documents for each project. Each project
account should be identified by the number assigned to the property by the NPS (i.e. 19-00600).
B. Identification of all receipts in sufficient detail to show the source of such receipts.
C. Itemization of all supporting records to project expenditures in sufficient detail to show the exact
nature of each expenditure.
D. Cross-referencing to each expenditure with the supporting purchase order, contract, voucher, bill,
etc. These supporting documents should contain the signature of the official authorized to
approve such expenditures.
E. Maintenance of adequate records, approved by he appropriate official, to show that all salaries
and wages charged against projects are authorized.
F. Maintenance of detailed payroll vouchers (names/gross amounts)for salaries/wages.
G. Identification of invoices/vouchers charged to project number, account number date, and expense
classification.
H. When payment is by check, the canceled check should be identified and filed, when by cash, they
must be supported by receipts.
I. Establishxnent of adequate internal systems of financial control following generally-accepted
accounting and auditing principles.
The State shall requue political subdivisions of public agencies, to which federal funds have been
transferred,to provide similar accounting procedures as are required of the State by the NPS.
3. Record Retention. The financial records, including all documents to support entries on the
accounting records and to substantiate charges for each project, must be kept readily available for
examination by duly-authorized representatives of the NPS, the Department of Interior, and the
General Accounting Office. All such records shall be retained and available for inspection for a
period of three years after final payment.
PROJECT BILLING&DOCUMENTATION
Project billings shall be submitted to the State on the following basis:
1. Up to $10,000 total project cost-one billing.
2. Up to $50,000 total project cost-no more than two billings.
3. Up to $150,000 total project cost-no more than three billings.
4. Over $150,000 total project cost-no more than four billings.
5. Contract land purchases -one billing.
In addition the following inforxnation is required for reimbursement:
1. Each development project billing shall include all expenditures for items with a cost of$25,000
or less (i.e. - 100 percent item completion).
2. Submit one copy of all supporting documentation.
a. The exact nature of each expenditure.
b. The date the expense was incurred.
c. Evidence that the expense is chargeable to the project, copy of advertisement for bids and bid
spread sheet or minutes of bid letting meeting.
d. Evidence that the expense has been paid,photocopies of cancelled checks.
e. Statement that there will be no request for sales tax refund made. Deduct any sales tax paid
from total expenses.
3. Submit the attached claim voucher; signed, dated, include your federal ID number and the amount
to be reimbursed.
4. Submit photos of the completed project and a legal description of the park property.
Realizing that accounting procedures and methods of paying claims varies from agency to agency, the
Departxnent realizes that photocopies may be sent in instead of original bills, invoices and/or estimates.
Any State sales tax refund received under the provisions of Chapter 422.45('� of the Code of Iowa must
be deducted from the total project costs.
Income that accrues to a fund-assisted area during the project period from sources other than the intended
recreational use must also be deducted from the total project cost. Examples include sale or rental of
buildings, sale of timber, gravel, etc., rental of land, and agricultural income to participant. After project
period, all income should be used to further the development of the project.
FAILiJRE TO SUBMIT THE NECESSARY DOCiJAdENTATION WILL UNNECESSARILY DELAY
THE ISSUANCE OF A REIMBURSEMENT WARRANT.
NOTICE
It is essential that the project be developed in conforxnance with the project proposal submitted and the
project agreement. This is particularly hue regarding the number of facilities to be constructed or
installed. The Department and the NPS must approve any significant change in location or number of
facilities before work can begin.
ANY DEVIATION FROM THESE INSTRUCTIONS MAY JEOPARDIZE YOUR FEDERAI,
ASSISTANCE ON SOME PORTION OF YOUR PROJECTS.
DEPARTMENT OF NATiJRAL RESOURCES
LAND & WATER CONSERVATION FUND
ACQUISITION PROJECTS -PERFORMANCE&ADMINISTRATION
Arraneements with Particivant. It is the responsibility of the State to make arrangements with other
public agencies suitable and adequate to insure successful perforxnance of projects and to enable the
continued operation and maintenance of aided facilities and properties for public outdoor recreational use.
States shall assure that Participants comply with the terms of the project agreement, the provisions of the
NPS, and all relevant laws, rules and regulations. States shall be responsible far the actions of
Participants relating to the execution of projects.
ACCOUNTS &RECORDS
1. The participating agency will establish a separate account for each land acquisition project which will
be identified by the number assigned to the project by the NPS. Supporting documents such as claims
for land costs should also be referenced with the NPS project number.
2. All financial records pertaining to the project must be kept readily available for examination by
Federal auditors. All such records shall be retained for inspection for a period of three years after the
project is completed ar terminated and a final audit on the project conducted.
PROJECT BILLING&DOCUMENTATION
A project billing may be submitted at any time after the appraisals have been approved and payment for
the land has been made. Please submit four(4) copies of the attached claim voucher, to include signature,
date,federal ID number and requested reimbursement amount
1. Statement of Just Compensation for each tract of land.
2. Written Offer to Buy.
3. Statement of Differences in Value for each tract(when necessary).
4a. Application for Reimbursement of Expenses Incurred in Selling Real Property with attached
documentation-each tract, or;
4b. Application for Relocation Assistance with attached documentation - each tract plus written notice to
vacate.
5. Certificate of Title for each tract of land prepared by the participating agency's official legal officer
indicating title to be in the name of the participating agency.
6. Photocopies of the deeds.
7. Photocopies of cancelled checks/warrants issued in payment for land costs, incidental expenses and
relocation expenses.
FAILiJRE TO SUBNIIT SATISFACTORY DOCUMENTATION WITH THE PROJECT BILLING
WILL UNNECESSARILY DELAY THE ISSUANCE OF A REIMBURSEMENT WARRANT.
SHADED AREA FOR DNR USE ONLY
ACCOUNTING DEPT.RETURN ONE COPY TQ KMOENCH
DOC#: DATE:
WARRANT#:
CITY OF DUBUQUE
50 W 13TH ST
DUBUQUE,IA 52001
STATE ID#: CV:
FUND/DEPT/ORG/$
DEPARTMENT OF NATiJRAL RESOURCES
PROJECT BILLING- LAND & WATER CONSERVATION FUND
Project billings must be accompanied by all required documentation (invoices, canceled checks, deeds, etc.) covering
expenditures included in the billing. If you have questions, please contact the Budget& Grants Bureau at 515-725-8213.
Make additional copies as needed.
Grant Recipient: CITY OF DUBUQUE Project#: 19-01320
Project Title: EAGLE POINT PARK ENVIRONNIENTAL RESTORATION MGMT PLAN
Final Billing: Y or N
Dates Covered by this Billing: From: To:
Use the table below to list your budget items and the expenditures for each item. You should follow the budget items
rovided with our rant ro osal as closel as ossible.
Budget Item Budget Expenditures This "To Date" Item
Amount Billing Expenditures
Totals
Less Expenditures In Excess of Total Authorized Project Budget: �
Total "To Date" Expenditures:
CLAIM REQUEST �%OF"TO DATE" EXPENDITLJRES):
LESS PREVIOUS PAYMENTS OF:
TOTAL CLAIM TO BE PAID:
Land Acquisition-List each parcel separately by parcel#. Use purchase price or appraised value,whichever is the lesser.
I certify that this billing is correct and just based upon actual payment(s) of record by the grant recipient, and that the work
and services are in accord with the approved grant.
Signature: Date:
Print Name:
Title: Phone #:
Plaiuung Services Department
CICy HdIl THE CITY OF DUIJUQU2
50 West 13'h Street �T 7� �
DuUuque,IA 52001-4864 <J ;�I°i"� `�°i
(563)589-4210 phone Master�iece or� the MiscissiF'V� ��
(563)589-4221fax
(563) 690-6678 TDD zou�
planningC�citpofduUuq�e.org
March 14, 2017
Kathleen Moench, Executive Officer
lowa Department of Natural Resources
Budget and Grants Bureau
Wallace State Office Building
502 East Ninth Street
Des Moines, IA 50319-0034
RE: 2017 LWCF Grant Application
Implement Eagle Point Park Environmental Restoration Management Plan
Dear Ms. Moench:
We are pleased to submit an original and four (4) copies of the City of Dubuque's 2017
Land and Water Conservation Fund (LWCF) grant application to lowa Department of
Natural Resources for the Eagle Point Park Environmental Restoration Project.
Enclosed are two (2) original sets of the required project maps. Also enclosed is a
certified copy of the Dubuque City Council's resolution authorizing the grant application.
Please let me know if you need any additional information or have any questions.
Thank you.
Sincerely,
�\��UJ�4L�
Laura Carstens
Planning Services Manager
Enclosures
cc: Marie Ware, Leisure Services Manager
Stephen Fehsal, Park Division Manager
i
Prepared by: Laura Carstens.Cilv Planner Address: Citv HaIL 50 W. 13th 5t Dubuque IA 52001 Telephone: 589-4210
Return to: Kevin Fimstahl CiN Clerk Address: CiN Hall 50 W. 13th St Du6uaue IA 52001 Telephone:58&4121
RESOLUTION NO. 80-17
RESOLUTION AUTHORIZING LWCF GRANT APPLICATION TO IOWA DEPARTMENT
OF NATURAL RESOURCES FOR IMPLEMENTATION OF EAGLE POINT PARK
ENVIRONMENTAL RESTORATION MANAGEMENT PLAN
Whereas, the lowa Department of Natural Resources provides grant funds from
LWCF (Land and Water Conservation Fund)for projects that help establish natural areas,
encourage outdoor recreation, and enhance and protect lowa's natural and cultural
resources; and
Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that
includes goals for environmental quality, park improvements, and stormwater
management; and
Whereas, the City of Dubuque has budgeted the required local match.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the FY 2017 LWCF Grant
Application to the lowa Department of Natural Resources for Implementation of the Eagle
Point Park Environmental Restoration Management Plan in the amount of $175,000.
Section 2. That the City Council hereby provides its written assurance that the
completed project will be adequately maintained for its intended use in accordance with
state requirements.
Passed, approved and adopted this 6�h day of March, 2017
L C: . �"�L>.�C
Roy D. uol, Mayor
Attest:
/_�
:� � � .;� -i�
Kevi S. Firnstahl, City Clerk
F'.\Uszrs\LCARSTEN\W P\GRANTS\Eagle Point Park ERMP FYi l�W CF granl\FYi]LW GF Grant Agreemenl ResoNtion.tloc
SECTION II -LWCF APPLICATION
lowa Department of Natural Resources
Land and Water Conservation Fund
Applications due March 15`h
Application and Applicant Information
1. PROJECT
Project Title: Implementation of Eagle Point Park Environmental Restoration Management Plan
Project 911 Address: 2601 Shiras Avenue, Dubuque, lowa
2.TYPE OF PROJECT
❑ Acquisition ❑X Development ❑ Combination #of Acres Acquired:
3.APPLICANT CONTACT INFORMATION
Agency: City of Dubuque, lowa Contact Person: Laura Carstens
Email: Icarsten@cityofdubuque.org Telephone#: 563-589-4210 I
Applicant Mailing Address: Planning Services Dept., 50 W. 13th Street DUNS#: 093105302
City&Zip Code: Dubuque, lowa 52001 County: Dubuque County
4. DESCRIPTION &CO5T5
Project Description: (Maximum of 100 words summarizing the project and use of LWCF Funds)
LWCF will facilitate adaptive implementation of the 20ll Eagle Point Park Environmental Restoration Management Plan by:
reduction/prevention of erosion and stormwater runoff through implementation of sustainable best practices, removal and
control of invasive plant species, improvement of soil quality,and restoration and enhancement of diverse native vegetation
(emphasizing ground cover and shrub layers)through invasive control, prescribed bums,seeding and planting.
Project Costs (Including Required 50%Cash Match):
Federal LWCF Funds Requested: $ $175,000
Local Share:
Source: REAPgrant#16-R4-CZ $ $150,000
Source: City of Dubuque $ $79,000
Donations: $
Total Project Cost: $ $404,000
5. OWNERSHIP OF PROJECT SITE &PREVIOUS LWCF GRANTS AT SITE
Date Project Site Acquired: 1908 (Development Projects Only)
Previous LWCF Grants Awarded at Project Site ❑ Yes � No
If yes, List Project Numbers:
6. SIGNATURE
Upon signing in the space provided,the Applicant agrees to conform with the Americans with Disabilities and Civil Rights
Acts, as well as keep�the Project Site op to the public for outdoor recreation in perpetuity and completing the 5 Year
Post Completion In ctio.n Reports.
` �.,� �C,? �� , ;�/�F,�� � Roy D. Buol, Mayor,Clty of Dubuque, lowa
9
Appli�e t Signature and Date Applicant Name and Title
1�/z016 cmc 9 DNR Form 542-0128
I
SECTION II-LWCF APPLICATION
Project Proposal
PART I-RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION
County: DubuqueCounty
WHEREAS,the City of Dubuque, lowa (City/County)is interested in acquiring lands or
developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of
Site Name: Eagle Point Park and the State lowa.
Site Address: Z601 Shiras Avenue, Dubuque, lowa
Project Title: Implementation of Environmental Restoration Management Plan
Total Estimated Cost:$ 404,000
Brief Description of Project:
LWCF funds will facilitate phased implementation of the 2017 Eagle Point Park Environmental Restoration Management Plan using
sustainable best practices to mitigate/reverse the impacts of excessive stormwater velocity and flow resulting in severe erosion.
The project will also remove and contro�invasive vegetation and restore and enhance natural communities and their degraded
soils through prescribed burns,seeding and planting of native species.The overall effecT will be to foster sustainable park
management and enhance the Park's biodiversity on its rolling rugged 164 acres.
ANq Land and Water Conservation Fund financial assistance is being sought for the acquisition or development of said outdoor
recreational facilities,
NOW THEREFORE, be it resolved by the City Council of Dubuque, lowa that the project
described above be authorized,
AND,be it further resolved that said City Council make application to the
lowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National
Park Service in the amount of 4333 /of the actual mst of the project,
AND, be it further resolved that said City Council certifies to the following:
1. That is will accept the terms and mnditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project
Agreement for any grant awarded under the attached proposal.
2. That it is in complete acmrd with the attached proposal and that it will carry out the acquisition and/or development in the
manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has
been received from the lowa Department of Natural Resources.
3. That is has the ability and intention to finance its share of the cost of the project and that the project will be
operated and maintained at the expense of said City Council for public outdoor recreational use.
4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed
project.
5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure
acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act
of 1964, P.L.88-352(1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and
contained in 43 CFR 17.
6. That it will maintain adequate financial records on the proposed project to substantiate daims for cost-sharing.
THIS IS TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the
Dubuque Ciry Council at a legal meeting held on this 6th Day
of March �a , 20 17 , �_.�_
/ ._ _
( / / / y
/1 G �:� ', � _ �/"� �� � �� ��� ! ii/I �
(signature� (signatur,e)
Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk
(title) (title)
lz/2016 cmc 1� DNR Form 542-0128
SECTION II-LWCF APPLICATION
PART II-LWCF PROPOSAL DESCRIPTION AND ENVIRONMENTAL SCREENING (PD-ESF)
The purpose of this Proposal Description and Environmental Screening Form (PD-ESF) is to provide descriptive and
environmental information about a variety of Land and Water Conservation Fund (LWCF) state assistance proposals
submitted for National Park Service (NPS) review and decision.The completed PD-ESF becomes part of the"federal
administrative record" in accordance with the National Environmental Policy Act (NEPA) and its implementing
regulations. The PD portion of the form captures administrative and descriptive details enabling the state and NPS to
understand the proposal.The ESF portion is designed for States and/or project sponsors to use while the LWCF proposal
is under development. Upon completion,the ESF will indicate the resources that could be impacted by the proposal
enabling States and/or project sponsors to more accurately follow an appropriate pathway for NEPA analysis: 1)a
recommendation for a Categorical Exclusion (CE), 2) production of an Environmental Assessment (EA), or 3) production
of an Environmental Impact Statement (EIS). The ESF should also be used to document any previously conducted yet still
viable environmental analysis if used for this federal proposal.
When necessary, use a separate sheet for narrative descriptions and explanations, address each item and question in
the order it is presented, and identify each response with its item number such as Step A2;Step 4-A1, A29; etc.
Step 1.Type of LWCF Proposal
❑ Acquisition ❑X Development ❑ Combination (Acquisition& Development)
Go[o Step 2A 6o to Step 28 Complete Step 2A and 28
Step 2. Proposal Description (PD)
A. For an Acquisition Project
1. Provide a brief narrative about the proposal that provides the reasons for the acquisition, the number of acres to be
acquired with LWCF assistance, and a description of the property. Describe and quantify the types of existing
resources and features on the site (for example, SO acres wetland, 2,000 feet beachfront, 200 acres forest, scenic
views, 100 acres riparian,vacant lot, special habitat, any unique or special features, recreation amenities,
historic/cultural resources, hazardous materials/contamination history, restrictions, institutional controls,
easements, rights-of-way, above ground/underground utilities, including wires,towers, etc.).
2. How and when will the site be made open and accessible for public outdoor recreation use (signage, entries, parking,
site improvements, allowable activities,etc.)?
3. Describe development plans for the proposal for the site(s) for public outdoor recreation use within the next three
(3)years.
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4. Acquisition Schedule
Estimated Estimated Value Estimated Value Total
Code* Parcel# Acres Date of of Land to be of Improvements Estimated
Acquisition Acquired to be Acquired Cost
Total Acres Total Cost
* Code: 1. = Negotiated Purchase
2. = Condemnation
3. = Donation
One Appraisal is required on each acquisition. Contact the Budgets& Finance Bureau of the lowa Department of
Natural Resources prior to conducting an appraisal to receive the appropriate appraisal guidelines.Appraisals will not
be returned.
5. W ill acquisition included in this proposal cause the displacement of individuals, families, businesses or farms?
❑ Yes❑ No Number of: Individuals:
Families:
Businesses:
Farms:
6. Anticipated income from project site during project period:$
7. The (applicant) agrees to comply with the terms and intent of P.L. 91-
646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894(1970).
8. Go to Step 2C below
B. For a Development Project
1. Describe the physical improvements and/or facilities that will be developed with federal LWCF assistance, including a
site sketch depicting improvements, where and how the public will access the site, parking, etc. Indicate entrances
on 6(f) map. Indicate to what extent the project involves new development, rehabilitation, and/or replacement of
existing facilities.
Through implementation of the Eagle Point Park Environmental Restoration Plan,the Project will integrate historic park features and
values with key physical improvements involving: (1) capital expenditures for infrastructure repair and replacement relative to erosion
and runoff(e.g.,creation of bio infiltration areas, retrofitting of drainageways and detention basins);(2) restoration and enhancement
of native p�ant communities through removal and control of invasive species, prescribed burns, and p�anting of native vegetation; (3)
soil quality restoration actions of aeration and retaining mulch that will facilitate stormwater management and enhancement of native
plant communities; and (4)ecological monitoring of vegetation and wildlife to be used to measure progress and provide feedback for�
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SECTION II-LWCF APPLICATION
2. When will the project be completed and open for public outdoor recreation use?
Eagle Point Park will be open to the public during this project which is expected to be completed in 2 years.
3. Go to Step 2C below
C. For all Projects—Project Scope and Justification
1. W ill this proposal create a new public park/recreation area where none previously existed and is not an addition to
an existing public park/recreation area?Yes Q (go to#3) No Q■ (go to#2)
2. What is the name of the pre-existing public area that this new site will be added to?
Eagle Point Park
3. What will be the name of this new public park/recreation area?
4. What is the sponsor's type of ownership and control of the property?
■QFee simple ownership
❑Less than fee simple. Explain:
5. Describe the location of the project site, physical address and any facilities or improvements on the project site.
Eagle Point Park,26015hiras Avenue, Dubuque, lowa, is a community/regional park atop limestone bluffs on the Mississippi River. It is
an area of natural quality for outdoor recreation,with walking,viewing,sitting, picnicking, and restrooms.The park has open air and
dosed pavilions, horseshoe pits, drinking fountains,seasonal lily pond with waterfalls and goldfish, band shell,tennis courts, �
playground equipment, barbecue grills, nature trails,flower gardens, and viewing towers.
6. Describe the Scope of the proposed project.
The project involves implementation of the Eagle Point Park Environmental Restoration Management Plan.This plan offers valuable
guidance when undertaking park improvements and introducing sustainable best practices for managing stormwater,soil erosion, and
invasive species—all aimed at restoring the Park's natural environment.The Park boundary is the overall project boundary.
The overarching recommendation of the Eagle Point Park Environmental Restoration Management Plan is to engage in a suite of
management actions to foster a sustainable future forthe Park.These include vegetative restoration (invasive species removal,
control and native plantings)and enhancement,stormwater BMPs and soil quality restoration.They include ecological monitoring to�
7. Describe the purpose and justification/need of the proposed project.
In the previous section(C.6),we described the proposed scope of this project, composed of management actions outlined in the Eagle
Point Park Environmental Restoration Plan (2017). In this section,we discuss further the purpose and justification for this project.
Eagle Point Park,owned by the City of Dubuque and managed by the Leisure Services Department Division, has long been recognized
for its unique scenic beauty. It is well known as a place to get away from the urban environment, experience nature,and even take a
step back in time. Nevertheless,over 100 years of recreational use and development have resulted in some environmental problems
(erosion,invasive plants, reduced diverslty)that need to be addressed to build a sustainable future for the Park. �
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SECTION II-LWCF APPLICATION
8. Describe the environment of the project site. The history of the site,future of site without implementation of
proposed project, environmental intrusions,etc.
In 1908,the first 100 acres of Eagle Point Park were deeded to the city.Streetcar traffic began to serve the park in 1912. In the 1930s
the City received a$200,000 Works Progress Administration(WPA)grant and hired a landscape architect to build park buildings and
gardens built in the Prairie Schoo�architectural style.Over time, more amenities and more acres were added.Without
implementation of the Environmental Restoration Management Plan, erosion issues will likely worsen resulting in more severe gully
formation, loss of topsoil,and risks to the built environment.This may be exacerbated by more extreme storm events that are
correlated with overall changes in dimate.Without vegetative restoration and enhancement, invasive and shade-tolerant native �
. ... . . . . . . . . . . . . . . .. .... . _ . .... , .. .
9. What if any interrelationships with other federal,state or local projects are there?
The City of Dubuque's 2011 Urban Forest Evaluation assessed current condition of the urban forest and made critical
recommendations with resped to best management practices and future initiatives that induded Eagle Point Park.The City's Natural
Resources and Sustainable Practices Specialist evaluated invasive species in the park in 2015.A Phase 1 archeological survey of the
park was completed and submitted to the SHPO in 2015.A draft nomination of Eagle Point Park to the National Register of Historic
Places was reviewed by SHPO in 2016.A final nomination is scheduled for SHPO and NPS approvai in 2017.The City Park Division has a
five-year capital improvement program that is updated annually for Eagle Point Park.This project integrates all these findings as well�
10. Describe the nature of any rights-ot-way, easements, reversionary interests, etc. to the Section 6(f) park area?
Indicate the location on 6(f) map. Do parties understand that a Section 6(f) conversion may occur if private or non-
recreation activities occur on any pre-existing right-of-way, easement, leased area?
The City possesses all fee title interest in Eagle Point Park.There are no contractual or joint agreements with other parties for
operation and maintenance of the site and/or its facilities.There are utility easements for electricity,water,sanitary sewer, and storm
sewer. Part of the rear entrance park road, Eagle Point Drive, is a city public street.
11. Are overhead utility lines present, and if so,explain how they will be treated per LWCF Manual.
N/A
12. As a result of this project, describe new types of outdoor recreation opportunities and capacities, and short and long
term public benefits.
With implementation of the Environmental Restoration Management Plan, much more of Eagle Point Park's multipurpose recreational
spaces and natural areas will be available for use and enjoyment by the public as the impacts of severe erosion,stormwater damage,
Ioss of turf,and loss of native plants to invasive species are mitigated and reversed.With implementation of the Management Plan,
the City will be ab�e to establish a diverse mix of ground-layer plants, pollinator food sources,and a variety of fruits,seed, leaves,
stems and roots that will provide resources for wildlife.These ecological improvements will provide short and long term public
benefits by adding to the visitor experience and providing opportunities for outdoor education. Preventing further damage and �
13. Explain any existing non-recreation and non-public uses that will continue on the site(s) and/or proposed for the
future within the 6(f) boundary.
N/A
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SECTION II-LWCF APPLICATION
14. Describe the planning process that led to the development of this proposal.Your narrative should address:
a. How was the interested and affected public notified and provided opportunity to be involved in planning for and
developing your LWCF proposal?Who was involved and how were they able to review the completed proposal,
including any state, local,federal agency professionals, subject matter experts, members of the public and Indian
Tribes. Describe any public meetings held and/or formal public comment periods, including dates and length of
time provided for the public to participate in the planning process and/or to provide comments on the
completed proposal.
The City of Dubuque's Park and Recreation Commission reviewed and recommended the draft Environmental Management Plan at a
publi�meeting on January 10,2017.The Dubuque City Council reviewed and adopted the final Environmental Management Plan at a
public meeting on February 6,2017.
b. What information was made available to the public for review and comment?
The draft Environmental Management Plan was made available prior to and during the City of Dubuque's Park and Recreation
Commission public meeting on January 10,2017.The final Environmental Management Plan was made available prior to and during
the Dubuque City Council public meeting on February 6,2017.
Did the sponsor provide written responses addressing the comments?Yes ❑ No Q
If Yes, include responses with this PD/ESF submission. ❑ attached.
The City of Dubuque initially consul[ed with the SNPO and Office of the State Archaeologist in lowa.As part of the public input
process for developing the Management Plan,the City of Dubuque contacted a number of partners with experienre in similar projects:
Park and Recreation Commission, Dubuque County Conservation Board, Four Mounds Foundation, and Heritage Works. No verbal or
written public comments were received at the public meetings held by the Park and Recreation Commission or the Dubuque City
Council noted above.
15. How does this proposal implement statewide outdoor recreation goals as presented in the Statewide Comprehensive
Outdoor Recreation Plan (SCORP) (include references), and explain why this proposal was selected using the State's
Open Project Selection Process (OPSP).
The project was selected through OPSP due to the Quality of Site; Relationship to SCORP Priorities of resourw protection,
partnerships, education,facility maintenance,shared resources; Direct Recreational Benefits; and Local Need.
The project addresses and implements SCORP priorities as follows:
Priority 1:Address funding challenges as they relate to growing healthy and sustainable opportunities in outdoor recreation and open
spaces for lowa.
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16. Is this LWCF project scope part of a larger effort not reflected on the SF-424 (Application for Federal Assistance) and
grant agreement?
Yes Q■ No❑ If so, briefly describe the larger effort,funding amount(s) and source(s).
Larger effort Amount Source
NRHP Nomination,Archeology Survey $ 37,000 City Funds,CLG grant,donations
17. List all required federal, state, and local permits/approvals needed for the proposal and explain their purpose and
status.
The City of Dubuque will provide information as needed to the IDNR to complete Section 106 consultation with lowa SHPO.
The Planning Services staff facilitates weekly meetings of the City's interdepartmental Development Review Team,which indudes
representatives from the 8uiiding Services, Engineering,Water, Fire, and Planning Services Departments.This local team will review
the proposed project with key staff from the Leisure Services Department,specifically the Park Division Manager and the Natural
Resources and Sustainab�e Practices Specialist.The local team will ensure mmpliance with any applicable City site development,
lonrlc.-n..l..a on.l c+..rm�.,oror rnvnom�..onr niil.Jol;..oc o<,.,oll o nllo..�o u,lrV. InNa nlorl..n�l o..11��rl..n nf«{.,.00 Fllminott.... �
12/2016 cmc c 15 DNR Form 542-0125
SECTION II-LWCF APPLICATION
D. For all Projects-Request For SHPO Comment
1. State Historic Preservation Office (SHPO) review is required under Section 106 of the National Historic Preservation
Act of 1966 for all projects/proposals.This section requires the applicant include a memo that will be sent to the
SHPO office, along with the required form and accompanying documentation on the next page, describing the
undertaking in detail,for either an acquisition or development project.
Acquisition would include any future development plans for the site, development would include detail on the
project, including the areas in which any excavation will occur that is deeper than 6". Describe any historical,
archaeological and architectural features on the site. Provide information on any previous historical or
archaeological surveys and inventories that have been recorded with the State Historic Preservation Office, including
the SHPO R&C#, consultant, contact, address and phone number.
Based on the information you provide,the SHPO will make a final determination on an adverse effect in the Area of
Potential Effects (a map outlining the entire area encompassing the project site and proposed excavation as required
in Section II on next page). In many instances,the APE is not simply the project's physical boundaries but includes all
ancillary facilities such as access roads, placement of utilities, additional outbuildings,fences, material borrow areas,
staging areas,etc. Describe the steps taken to identify the APE, and justify the boundaries chosen. [800.4(a)(1) and
800.16(d)]
The Applicant must complete the following process to document that Section 106 compliance has been met. Section
106 documentation cannot be older than 5 years from the date submitted to SHPO for approval. Section 106 should
be completed early in the project planning process, and must be completed before anv�round
disturbance/construction.
The Applicant will complete steps 1-3 below:
1. Obtain Office of the State Archaeologist (OSA) Recommendation
2. Write a Cover Letter from the Applicant addressed to SHPO Summarizing Compliance with Section 106.This is
done after step 1 above.
3. Send the above two items as a "SHPO Section 106 Package" to the DNR Project Officer.
4. The DNR Project Officer will send the"SHPO Section 106 Package" to the National Park Seroice (NPS)for official
approval and submission to SHPO.
SHPO does not accept request for reviews directly from the Applicant.The request for review must come from the
authorizing agency, in this case,the National Park Service. Once SHPO reviews and concurs with the project in
writing,the Section 106 federal requirement is met.
1. Office of the State Archaeologist Recommendation:
OSA provides archeological and historical resources information, on a fee-for-service basis,to local
governments and individuals with responsibilities under the National Environmental Policy Act (NEPA),the
National Historic Preservation Act(NHPA),as well as to the general public. To obtain an Office of the State
Archaeologist Recommendation,go to https //archaeolo�v uiowa edu/how-complete-iowa-archaeological-
site-record-form-�uide-nonprofessional-archaeoloQists.The OSA will recommend one of the following:
a. That no further work is necessary.
OR
b. That an archeological resource survey shall be performed by a "qualified professional" who meets the
Secretary of Interior's standards found here: http�//www nps Rov/historv/Iocai-law/arch stnds 9 htm. If an
archeological resource survey is required, it will need to become part of the "SHPO Section 106
Package".
There may be situations where an Applicant does not concur with the OSA's recommendation. If so,the
Applicant should use the following process:
• Clarify the scope and conditions of the project with the OSA. If additional clarification is provided,the
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SECTION II-LWCF APPLICATION
OSA may change the recommendation.
• If the OSA will not change the recommendation,contact SHPO and provide a letter on the Applicant's
letterhead addressed to SHPO.
• In the letter to SHPO, state the non-concurrence with the OSA's recommendation.
• Include a detailed explanation and back up documentation.
• AskSHPOforguidance.
2. SHPO Cover Letter:
After obtaining the OSA's recommendation,the Applicant will prepare a cover letter addressed to SHPO
summarizing compliance with Section 106. Use the following sub-headings A- F to ensure a proper review of
your request.
A. Professional Qualifications
• Identify the employee(s) or contractor(s)of the agency involved in the findings and determinations
and describe their qualifications based on the following:
36 CFR 800.2(a) (1), "requires each agency responsible forthe protection of historic resources, including
archeological resources,to ensure that all attions taken by employees or contractors ot the agency shall
meet professional standards under regulations developed by the Secretary" The agency may choose to
"use the services of applicants,consultants, or designees to prepare information, analyses and
recommendations;' but the agency official remains responsible to ensure that findings and
determinations meet applicable standards and guidelines.
B. Native American Consultation
• Provide copies of letter and emails, and phone logs,documenting the attempts to obtain a
consultation from specific Native American tribes or Native American individuals for the project.
• Report the response or lack of response in the letter to SHPO.
Native American consultation is mandatory in most instances, especially when the undertaking involves
ground disturbance, and must be current. A list oftribes or Native American individuals interested in the
undertaking should be obtained from the lowa Department of Human Rights, lowa Commission on
Native American Affairs, https://humanri¢hts.iowa.�ov/cas/na/commission, 321 E. 12th Street, 2nd floor Des
Moines, IA 50319 (515) 242-6334. You must submit documentation of consultation and response from
the appropriate parties.
C. Project Descriptian
Include a project description identifying purpose, acreage, and location. It should include enough detail
to fully communicate the action, especially with regard to its potential effects on historic properties.
D. Area of Potential Effect (APE)
In accordance with 36 CFR 800.4(a) (1),the agency shall determine and document the APE. The APE is
defined at 36 CFR 800.16(d) as"the geographic area or areas within which an undertaking may directly
or indirectly cause alterations in the character or use of historic properties, if any such properties exist.
The area of potential effects is influenced by the scale and nature of an undertaking and may be
different for different kinds of effects caused by the undertaking." In order to sufficiently cover all
aspects of the undertaking, APE should include access points and staging areas. If a known historic
property is located in the APE,the entire property should be included in the APE. The SHPO consultation
package should include:
• 7.5' USGS map or equivalent with APE clearly outlined
• Narrative description of the APE supporting its sufficiency
• Length, width, and depth of ground disturbance, accounting for vertical APE
• Access points and staging areas (where the ground disturbances take place).
iz/zoi6�m� 17 oNR Fo�m saz-ozzs
SECTION II-LWCF APPLICATION
E. Public Participation
In accordance with 36 CFR 8003(e), including the public on the community project is an appropriate
measure to ensure full disclosure of the identified undertaking. Formal "plans° are not required, but
may be appropriate depending on the scale of the project. Identify any public participation that has
occurred.
F. Identification Efforts
Explain how the following were applicable and completed,or not applicable.
• A literature review must include a recent (not more than 5 years old) Intormation Center records
check,as well as examination of other pertinent material. Architectural surveys should be updated if
they are more than 5 years old to ensure the identification efforts reflect the current state of the
resources.
• Archaeological survey reports must include the field methodology and a reference to the state
and/or Federal standards under which the survey was conducted.
• Resources identified in field inventories completed more than 5 years ago must be re-examined to
determine site integrity and project effect.
• If the identification and evaluation efforts will be based upon older surveys,the agency should
provide justification for why those results remain valid.
G. Determination of Eligibility (DOE)
Explain how a determination of eligibility was completed for properties and sites within the Area of
Potential Effect(APE).
• The determination of eligibility should demonstrate that all four criteria for National Registry of
Historic Places (NRHP) eligibility have been applied and the integrity of the property assessed (this
applies to archaeological properties, too).
• The potential for the existence of an eligible historic district should also be addressed.
• The DOE requires State Historic Preservation Office �SHPO) concurrence.
• However, in some instances and through consultation with the SHPO,the agency may assume that a
property or site is eligible. In any case,the agency must provide a well-presented rationale for the
findings.
• If there are no historic properties and sites within the APE, provide a statement in this section of the
letter.
3. SHPO Section 106 Package
Steps 1—2 above become your"SHPO Section 106 Package". Send the package to you DNR Project Officer,
along with your LWCF Grant Application package,or conversion request.
a. Cover letter addressed to SHPO that includes subheading A through G explained above.
b. OSA letter stating the OSA's recommendation AND, if applicable, include the Historical/Cultural resource
survey that was conducted
4. DNR Responsibilities
The DNR Project Officer will provide your SHPO Section 106 Package to NPS for review and the authority to
forward on to the SHPO. NPS will in turn provide information from the 106 Package to the appropriate tribal
communities for the required Native American Consultation and opportunity to comment on the project.
Upon completion of the Native American Consultation, NPS will provide the DNR Project Officer with the
approval to submit the 106 Package to SHPO for review and comment.
SHPO will determine the following after reviewing the Section 106 package, and provide a letter of response
identifying SHPO's findings.
a. Assessment of Adverse Effects
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• If the SHPO concurs with the agency that no historic properties are present in the APE,then a
Finding of No Historic Properties Affected is appropriate.
• If historic properties are present in the Area of Potential Effect,the agency will apply the criteria for
adverse effect to assess effects on historic properties. Adverse effects result when an undertaking
may alter, directly or indirectly, any of the characteristics of a historic property that qualify the
property for inclusion in the National Register.
• If there is a potential for effects, but the effects will not be adverse, and the SHPO concurs,then a
finding of No Adverse Effect is appropriate.
b. Resolution of Adverse Effects
• If the SHPO concurs that the undertaking will adversely affect historic properties (Finding of Adverse
Effect),the agency will consider alternatives to avoid adverse effects.
• If the adverse effects cannot be avoided,then the agency will notify the Advisory Council on Historic
Preservation of the adverse effects and develop a Memorandum of Agreement (MOA) or
Programmatic Agreement (PA)to resolve the adverse effetts in consultation with the SHPO and the
Advisory Council, should the Council choose to participate.
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Request For SHPO Comment On A Project
Submit one copy of the information requested on this page with each property for which our comment is requested.
Please orint or tvpe.
I. GENERAL INFORMATION
❑X This is a new submittal
❑This is more information relating to SHPO R&C ri:
Park/Property Name: Eagle Point Park
Property Number&Street: 26015hiras Avenue
City &Zip Code: Dubuque, IA 52001 County: Dubuque
Federal Agency: State/NPS Federal Funding Program/Permit: LWCF
Agency Project No.: TBD
Contact Person on Project: Roger Knowlton, NPS Phone: 402-661-1558
Contact Address: 601 Riverfront Dr, Omaha NE 68102 Email: Roger_Knowlton@nps.gov
State Agency: DNR federal Funding Program/Permit: LWCf
Agency Project No.: TBD
Contact Person on Project: David Downing, DNR Phone: 515-725-8487
Contact Address: 502 E 9th St, Des Moines IA 50319 Email: David.Downing@dnr.iowa.gov
II. IDENTIFICATION OF HISTORIC PLACES
❑ As agreed in your programmatic agreement with SHPO (if applicable)
QX Include the following required attached elements under 36 CFR 800.4(a)
1. Area of potential effects, as defined in 800.16(d), is shown on map
2. Existing information has been reviewed on historic properties in the property area at SHPO office and/or
otherlocations ofinventory data
3. Information has been sought from parties likely to have knowledge about historic properties in the project
area
4. Information gathered from Indian tribes, as appropriate
❑ An attached lowa Site Inventory form is completed for each building 50 years of age or older: ❑ NA ❑ Yes
❑X No,the project will not involve excavation
� Yes,the project will involve excavation
If yes, submit all of the following required information (use attachments of necessary)
1. Precise project location map(preferably U.S.G.S. 7.5 min Quad with name,date,& location)
2. Site plan showing limits of proposed excavation
3. Number of acres in project
4. Legal location:Section(s) Township(s) Range(s)
5. Description of width and depth of proposed excavation and current conditions of project area
III. Applicant,Certification
Findings (Check One)
❑X No historic properties will be affected (i.e., none are present or there are historic properties present but the
project will have no effect upon them) and adequate documentation under 800.11 is provided, intluding:
1. A description of the undertaking, specifying the Federal involvement, and its area of potential effects, including
photographs, maps, drawings, as necessary and
2. A description of the steps taken to identify historic properties, including, as appropriate,efforts to seek
information pursuant to 800.4(b) and
12/2016 cmc Z� DNR Form 542-0128
SECTION II-LWCF APPLICATION
3. The basis for determining that no historic properties are present or affected.
I understand that the SHPO has 30 days from receipt to object to the finding, after which the applicanYs
responsibilities under Section 106 of the Historic Preservation Act are fulfilled.
❑ An historic property will be affected for which documentation is provided as required in 36 CFR Part 800.11(e)
and, in applying ihe criteria of adverse effect under 800.5, propose that the project be considered to have:
❑ A No Adverse Effect under which, in consultation with the SHPO,the project will be modified or conditions
imposed to avoid adverse effects. I understand that failure of the SHPO to provide a dated response within
30 days from receipt to the finding shall be considered agreement of the SHPO with the finding
❑ An Adverse Effect is found and the applicant, or other federally authorized representative,will consult with
the SHPO and other consulting parties to resolve the adverse effect under 800.6
Federally Authorized Signature: Date:
Type name below � Roger Knowlton,Outdoor Rec. Planner
IV. State Historic Preservation Office Comment
❑ Agree with the finding in section III above (move to reader's file)
❑See attached follow-up letter
❑ Object to the finding for reasons indicated in attached letter
❑ Cannot review until information is sent as follows:
Authorized Signature: Date:
12/2016 cmc ZZ DNR Form 542-0128
SECTION II-LWCF APPLICATION
Step 3. Summary of Previous Environmental Review
To avoid duplication of effort and unnecessary delays, describe any prior environmental review undertaken at any time
and still viable for this proposal or related efforts that could be useful for understanding potential environmental
impacts. Consider previous local,state,federal (e.g. HUD, EPA, USFWS, FHWA, DOT) and any other environmental
reviews.At a minimum, address the following:
1. Date of environmental review(s), purpose for the environmental review(s) and for whom they were conducted.
Phase I Intensive Archaeological Survey of Eagle Point Park,City of Dubuque, Dubuque County, lowa-Wapsi Valley Archaeology
(WVA) Report No.847 prepared for:the City of Dubuque, lowa.The project induded a Remnant Mound Survey. Final Report dated
December 2015 is on file with the lowa SHPO and the City of Dubuque Planning Services Department.
2. Description of the proposed action and alternatives.
The mound remnant survey was to determine whether there were intact or partially intact mound features within areas previously
determined to have high potential for this site type. The Phase I survey was conducted in selected portions of the Park to locate
archaeological resources in the project area,as well as historic archaeological sites within the park boundaries.
3. Who was involved in identifying resource impact issues and developing the proposal including the interested and
affected public, government agencies, and Indian tribes.
WVA consulted with Bioarchaeology Director Lara Noldner at the Office of the State Archaeologist(OSA) and with lowa SHPO prior to
field investigations focusing on the identification of remnant mounds.The Phase 1 survey involved initial background research
followed by fieid investigation and consultation with Dubuque Architecturai Historian Dr.Julie lo Schlarmann.
4. Environmental resources analyzed and determination of impacts for proposed actions and alternatives.
The Remnant Mound Survey used LiDAR analysis,geophysical survey,cadaver dog survey, surface reconnaissance,Oakfield Probe
testing,auger/shovel testing and subsurface testing in the ridgetop areas previously identified. No traces of burial mounds were
. found.The Phase I intensive archeological survey was undertaken in a larger area along the park's side slopes and a portion of low
terrace areas to identify other archaeological sites within the park proper. Nine archaeological sites were newly recorded during this�
5. Any mitigation measures to be part of the proposed action.
None, beyond those mentioned above in#4. relative to avoidance and periodic observation/monitoring of historic sites.Cultural
Avoidance Ratings were assigned to the Park to be used om m�junction with implementation of the Environmental Resource
Management Plan.
6. Public comment periods (how long, when in the process,who was invited to comment) and agency response.
The Dubuque City Council reviewed the project at public meetings in September 2014,August 2015, and March 2016. The City of
Dubuque solicited comments from the City's Park&Recreation Commission,the Dubuque County Conservation Board,the Dubuque
County REAP Committee, Four Mounds Foundation,and Heritage Works.The City of Dubuque also consulted with the lowa SHPO and
Office of the State Archeologist.
7. Any formal decision and supporting reasons regarding degree of potential impacts to the human environment.
N/A
8. Was this proposed LWCF federal action and/or any other federal actions analyzed/reviewed in any of the previous
environmental reviews?Yes ■❑ No ❑
If so, what was analyzed and what impacts were identified? Provide specific environmental review document
references.
No traces of burial mounds were found. Nine archaeological sites were newly recorded during this investigation.The WVA
remmmendations are summarized on pages 7-8 of the above-cited report on file with lowa SHPO. Findings were integrated into the
Environmental Resource Management Plan through the creation and mapping of cultural resource avoidance ratings.
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SECTION II -LWCF APPLICATION
Use resource impact information generated during previous environmental reviews described a6ove and from recently
conducted site inspections to complete the Environmental Screening Form (ESF) portion of this PD-ESF under 5tep 4.
Your ESF responses should indicate your proposal's potential for impacting each resource as determined in the previous
environmental review(s), and include a reference to where the analysis can be found in an earlier environmental review
document. If the previous environmental review documents contain proposed actions to mitigate impacts, briefly
summarize the mitigation for each resource as appropriate.The appropriate references for previous environmental
review document(s) must be documented on the ESF, and the actual document(s) along with this PD-ESF must be
included in the submission for NPS review.
Step 4. Environmental Screening Form (ESF)
This portion of the PD-ESF is a working tool used to identify the level of environmental documentation which must
accompany the proposal submission to the NPS. By completing the ESF,the project sponsor is providing support for its
recommendation in Step 5 that the proposal either:
QX 1. Meets criteria to be categorically excluded (CE)from further NEPA review and no additional environmental
documentation is necessary
CE# Cll (select from pages 22 & 23); or
❑ 2. Requires further analysis through an environmental assessment (EA)or an environmental impact statement
(EIS) (fill out Part A and B below).
An ESF alone does not constitute adepuate environmental documentation unless a CE is recommended. If an EA is
required,the EA process and resulting documents must be included in the proposal submission to the NPS. If an EIS may
be required,the State must request NPS guidance on how to proceed.
The scope of the required environmental analysis will vary according to the type of LWCF proposal. For example, the
scope for a new LWCF project will differ from the scope for a conversion. Consult the LWCF Manual for guidance on
defining the scope or extent of environmental analysis needed for your LWCF proposal. As early as possible in your
planning process, consider how your proposal/project may have direct, indirect and cumulative impacts on the human
environment for your type of LWCF action so planners have an opportunity to design alternatives to lessen impacts on
resources, if appropriate.When used as a planning tool in this way,the ESF responses may change as the proposal is
revised until it is ready for submission for federal review. Initiating or completing environmental analysis after a decision
has been made is contrary to both the spirit and letter of the law of the NEPA.
The ESF should be completed with input from resource experts and in consultation with relevant local,state,tribal and
federal governments, as applicable.The interested and affected public should be notified of the proposal and be invited
to participate in scoping out the proposal (see LWCF Manual Chapter 4). At a minimum, a site inspection of the affected
area must be conducted by individuals,who are familiar with the type of affected resources, possess the ability to
identify potential resource impacts, and to know when to seek additional data when needed.
At the time of proposal submission to NPS for federal review,the completed ESF must justify the NEPA pathway that
was followed: CE recommendation, production of an EA, or production of an EIS.The resource topics and issues
identified on the ESF for this proposal must be presented and analyzed in an attached EA/EIS. Consult the LWCF Manual
forfurtherguidance on LWCF and NEPA.
The ESF contains two parts that must be completed:
Part A. Environmental Resources Part B. Mandatory Criteria
Part A: For each environmental resource topic, choose an impact estimate level (none, negligible, minor,exceeds minor)
that describes the degree of potential ne�ative impact for each listed resource that may occur directly, indirectly and
cumulatively as a result of federal approval of your proposal. For each impacted resource provide a brief explanation of
how the resource might be affected, how the impact level was determined, and why the chosen impact level is
12/2016 cmc 23 DNR Form 542-0128
SECT�ON II -LWCF APPUCATION
appropriate. If an environmental review has already been conducted on your proposal and is still viable, include the
citation including any planned mitigation for each applicable resource, and choose an impact level as mitigated. If the
resource does not apply to your proposal, mark NA in the first column. Add any relevant resources (see A.24 on the ESF)
if not included in the list.
Provide several photos of the area and use a separate sheet to briefly clarify how each resource could be adversely
impacted; any direct, indirect, and cumulative impacts that may occur; and any additional data that still needs to be
determined. Explain any planned mitigation already addressed in previous environmental reviews.
Part B:This is a list of mandatory impact criteria that preclude the use of categorical exclusions. If you answer"yes' or
"maybe' for any of the mandatory criteria, you must develop an EA or EIS regardless of your answers in Part A. Explain
all"yes" and "maybe" answers on a separate sheet.
A. ENVIRONMENTAL RESOURCES(Indicate potential for adverse impacts.) Use a separate sheet to clarify responses per
instructions for Part A on page 10.
NA No M IEM MDN
1. Geological resources:soils, bedrock, slopes, streambeds, � � � � �
landforms,etc.
2. Airquality Q ❑ ❑ ❑ ❑
3. Sound (noise impacts) ❑X ❑ ❑ ❑ ❑
4.Waterquality/quantity ❑X ❑ ❑ ❑ ❑
5. Stream flow characteristics ❑X ❑ ❑ ❑ ❑
6. Marine/estuarine ❑X ❑ ❑ ❑ ❑
7. Floodplains/wetlands ❑X ❑ ❑ ❑ ❑
8. Land use/ownership patterns; property values; community � � � � �
livability
9. Circulation,transportation ❑X ❑ ❑ ❑ ❑
10. Plant/animal/fish species of special concern and habitat; � � � � �
state/federal listed or proposed for listing
11. Unique ecosystems,such as biosphere reserves, World � � � � �
Heritage sites, old growth forests, etc.
12. Unique or important wildlife/wildlife habitat ❑ ❑X ❑ ❑ ❑
13. Unique or important fish/habitat ❑X ❑ ❑ ❑ ❑
14. Introduce or promote invasive species (plant oranimal) �X ❑ ❑ ❑ ❑
15. Recreation resources, land, parks, open space, conservation
areas, rec. trails,facilities,services, opportunities, public access, ❑ ❑X ❑ ❑ ❑
etc.
16. Accessibility for populations with disa6ilities ❑ ❑X ❑ ❑ ❑
17. Overall aesthetics, special characteristics/features ❑ ❑X ❑ ❑ ❑
18. Historical/cultural resources, including landscapes,
ethnographic, archeological, structures, etc. Attach SHPO/THPO ❑ QX ❑ ❑ ❑
determination.
19. Socioeconomics, including employment, occupation, income � � � � �
changes,tax base, infrastructure
20. Minority and low-income populations ❑X ❑ ❑ ❑ ❑
21. Energy resources (geothermal, fossil fuels, etc.) ❑X ❑ ❑ ❑ ❑
22. Other agency or tribal land use plans or policies ❑X ❑ ❑ ❑ ❑
23. Land/structures with history of contamination/hazardous � � � � �
materials even if remediated
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SECTION II-LWCF APPLICATION
24. Other important environmental resources to address. Q ❑ ❑ ❑ ❑
NA- Not Applicable(Resource does not exist)
No- No/Negligible Impacts (Exists but no or negligible impacts)
M- Minor Impacts
IEM- Impacts Exceed Minor(EA/EIS required)
MDN- More Data Needed to Determine Degree of Impact (EA/EIS required)
6. MANDATORY CRITERIA
If your LWCF proposal is approved,would it... Yes No TBD
1. Have significant impacts on public health or safety? ❑ Q ❑
2. Have significant impacts on such natural resources and unique geographic
characteristics as historic or cultural resources; park, recreation, or refuge lands,
wilderness areas; wild or scenic rivers; national natural landmarks;sole or ❑ � ❑
principal drinking water aquifers; prime farmlands;wetlands (E.O. 11990);
floodplains (E.0 11988); and other ecologically significant or critical areas.
3. Have highly controversial environmental effects or involve unresolved conflicts � � �
concerning alternative uses of available resources [NEPA section 102(2)(E)]?
4. Have highly uncertain and potentially significant environmental effects or involve � � �
unique or unknown environmental risks?
5. Establish a precedent for future action or represent a decision in principle about � � �
future actions with potentially significant environmental effects?
6. Have a direct relationship to other actions with individually insignificant, but � � �
cumulatively significant, environmental effects?
7. Have significant impacts on properties listed or eligible for listing on the National
Register of Historic Places, as determined by either the bureau or office.(Attach ❑ Q ❑
SHPO/THPO Comments)
8. Have significant impacts on species listed or proposed to be listed on the List of
Endangered or Threatened Species, or have significant impacts on designated ❑ Q ❑
Critical Habitat forthese species.
9. Violate a federal law,or a state, local, or tribal law or requirement imposed for the � � �
protection of the environment?
10. Have a disproportionately high and adverse effect on low income or minority � � �
populations (Executive Order 12898)?
11. Limit access to and ceremonial use of Indian sacred sites on federal lands by Indian
religious practitioners or significantly adversely affect the physical integrity of such ❑ Q ❑
saaed sites (Executive Order 13007)?
12. Contribute to the introduction, continued existence, or spread of noxious weeds
or non-native invasive species known to occur in the area, or actions that may � � �
promote the introduction,growth, or expansion of the range of suth species
(Federal Noxious Weed Control Act and Executive Order 1311�)?
Environmental reviewers
The following individual(s) provided input in the completion of the environmental screening form. List all reviewers
including name, title, agency,field of expertise.
1, Laura Carstens, Planning Services Manager,City of Dubuque-Section 106 Review, Land Use,Zoning, NEPA Review, Preservation
2 David Johnson,Assistant Planner-Section 106 Review, NEPA Review, Historic Preservation,City Planning
g, Wally Wemimont,Assistant Planner-Section 106 Review, NEPA Review, Land Use,Zoning, Historic Preservation
12/2016 cmc 25 DNR Porm 542-0128
SECTION II-LWCF APPLICATION
The following individuals conducted a site inspection to verify field conditions.
List name of inspector(sJ, title, agency, and date(sJ of inspection.
1 Laura Carstens, Planning Services Manager,City of Dubuque-July 30 and August 10, 2015
z Jeff Ahlers, Natural Resources and Sustainable Practices Specialist,City of Dubuque-July 10 and August 10, 2015
3.
LWCF applicant signature here: ���' �� %��i�r-���� Date March 6,20ll
�
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SECTION II-LWCF APPLICATION
PART IV-BUDGET SHEET
A budget must be included with your application. Include all items forthe entire project and specify the funds to be
utilized for each category. Below is an example of what is needed.
Budget Category Cost per item Total Cost Source of Funds
PlayStructure 45,000.00 45,000.00 LWCF
Play Structure Base and Earthwork 5,000.00 5,000.00 LWCF
2 Shelters 55,000.00 110,000.00 City General Fund
Parking Area Resurface 25,000.00 25,OOD.00 City General Fund
Total Project Costs $185,000.00
LWCF Request $92,500.00 (no more than 50%of total cost)
The following are the assistance ceilings for communities:
Population of Area of Jurisdiction LWCF Assistance ($)Ceiling
0- 1,000 50,000
1,001-5,000 75,000
5,001- 10,000 100,000
10,001-25,000 125,000
25,001-50,000 150,000
50,001-75,000 175,000
over-75,000 200,000
Exceptions to the above limits:
The maximum grant for local enYities with populations in excess of 25,000 shall be$125,000 for any swimming pool or
golf course project. The maximum grant limit for local entities with populations of up to and including 10,000 shall be
$125,000 for any land acquisition project.
The assistance ceiling may be waived upon approval by the director under the following circumstances:
1. The project being proposed by LWCF assistance is regional in nature or is expected to serve a minimum of
100,000 people.
2. 7he proposed project cannot be staged over a multi-year period so that a separate grant application might be
submitted each year.
12/2016 cmc 31 DNR Form 542-0128
SECTION II -LWCF APPLICATION
PART V-APPLICANT RISK ASSESSMENT QUESTIONNAIRE
2 CFR 200.331 of the Federal Code requires pass-through entities to conduct a risk assessment of each sub- recipient.
Please complete and return this section as part of your grant application. If questions arise while completing the
questionnaire please contact the DNR Department Auditor at 515.725.8208.
A. Was an audit performed in the prior fiscal year? If so, please provide a copy of your audit report with your
application. No further information needed.
B. If not, please answer the following questions. If the answer to any question is not yes, please provide a brief
explanation of your entity's process.
1. Are the aaounting records maintained on a current 6asis? '
2. Are bank accounts reconciled by an employee who does not sign checks, handle or record cash? �
3. Are reconciliations reviewed and approved by a person who is not responsible for receipts and
disbursements?
4. Are inventory counts verified by persons independent of those in charge of the inventory records?
5. Are capital assets tested periodically by an individual having no responsibility for the assets?
6. Are capital expenditures authorized by appropriate officials and the governing body?
7. Is a physical inventory taken periodically (at least annually) and reconciled to detailed capital asset records?
8. Is a list of receipts prepared by the mail opener?
9. Is an independent reconciliation of recorded receipts to the initial listing performed?
10. Is a restrictive endorsement placed on each incoming check upon receipt?
11. Are responsibilities forthe disbursement/expenditure approval function segregated from those forthe
voucher preparation and purchasing functions?
12. Are responsibilities for reconciling disbursements/expenditures with the check/warrant register segregated
from those preparing the vouchers?
13. Is final approval for payment made by a different individual than the check/warrant signer?
14. Are all disbursements/expenditures required to be supported by invoices or other documentation?
15. Does the person reviewing the claims have sufficient knowledge of federal and state grant requirements,
laws and regulations to determine cost allowability?
16. Are supporting documents for claims effectively canceled at the time of approving the payment to prevent
theirreuse?
17. Are controls maintained over the supply of unused and voided checks/warrants?
18. Are salaries approved by the governing body for full-time and part-time employees?
19. Are time sheets used and approved by appropriate personnel?
20. Are financial reports reviewed and approved at appropriate levels of management?
21. Is management committed to providing properstewardship for property acquired with federal awards?
22. Are accurate records maintained for all acquisitions and dispositions of property acquired with federal
awards?
23. Is a physical inventory of equipment periodically taken and compared to property records?
24. Are procedures established to ensure the federal awarding agency is appropriately reimbursed for
dispositions of property acquired with federal awards?
25. If requested, could a certification from the donor be obtained or other procedures be performed to identify
whether matching contributions are from non-federal sources?
26. Have procedures been established to verify vendors providing goods and services under the award have not
been suspended or debarred by the federal government?
Completed by: Laura Carstens Signature: `.���5'-��1� ��-�-��-tt._ i
Title: Planning5ervices Manager Date: ,.-�-r(j /�/� �
Phone Number: 563-589-4210 Finail: Icarsten@cityofdubuque.org
12 2016 cmc 32 DNR F r
/ • m 542-�12i
SECTION II-LWCF GENERAL PROVt510NS
U.S. Department of the Interior
Certifications Regarding Debarment,Suspension and
Other Responsibility Matters,Drug-Free Workplace
Requirements and Lobbying
Persons signing this form should refer to the regulations Certification Regarding Debarment,Suspension, Ineligibility
referenced below for complete instructions: and Voluntary Exclusion-Lower Tier Covered Transactions-
(See Appendix B of Subpart D of 43 CFR Part 12.)
Certification Regarding Debarment,Suspension, and Other
Responsibility Matters-Primary Covered Transactions-The Certification Regarding Drug-Free Workp�ace Requirements-
prospective primary participant further agrees by submitting Alternate I.(Grantees OtherThan Individuals)and Alternate II.
this proposal that it will include the clause titled, (Grantees Who are Individuals)-(See Appendix C of Subpart
"Certification Regarding Debarment,Suspension,Ineligibility D of 43 CFR Part 12)
and Voluntary Exclusion-Lower Tier Covered Transaction;'
provided by the department or agency entering into this
covered transaction,without modification,in ali lower tier Signature on this form provides for compliance with
covered transactions and in all solicitations for lower tier certification requirements under 43 CFR Parts 12 and 18.The
covered transactions.See below for Ianguage to be used; use
certifications shall be treated as a material representation of
this form for certification and sign; or use Department of the fact upon which reliance will be placed when the Department
Interior Form 1954(DI-1954). (See Appendix A of Subpart D of the Interior determines to award the covered transaction,
of 43 CFR Part 12.) grant,cooperative agreement or loan.
PART A:Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Covered Trensactions
❑� CHECK IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE.
(1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,dedared ineligible,or voluntarily exduded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a
public(Federal,State or local) transadion or contract under a public transaction;vio�ation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)
with mmmission of any of the offenses enumerated in paragraph(1)(b)of this certification;and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,
State or Iocal)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective
participant shall attach an explanation to this proposal.
PART B:Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions
�❑ CHECK IFTHIS CERTIFICATION IS FOR A LOWERTIER COVERED TRANSACTION AND IS APPLICABLE.
(1) The prospective lower tier participant certifies, by submission of thls proposal,that neither it nor its principals is presently
debarred,suspended, proposed for debarment, declared ineligible,or voluntarily exduded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unahle to certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this proposal.
12/201fi cmc 42 DNR Form 542-0128
SECTION II-LWCF GENERAL PROVISIONS
PART C: Certification Regarding Drug-Free Workplace Requirements
❑X CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WH015 NOT AN INDIVIDUAL.
Akemate I.(Grantees OtherThan Individuals)
A. The grantee certifies that it will or continue to provide a drug-free workpiace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use
of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph (a)that,as a condition of employment under the grant,
the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute oaurring in the
workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing,within ten calendar days after receiving notice under subparagraph (d)�2)from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice,including position title,to every grant officer on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices. Notice shall indude the
identification numbers(s)of each affected grant;
(f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2),with respect
to any employee who is so convicted --
(1) Taking appropriate personnel action against such an employee, up to and including termination,mnsistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes hy a Federal,State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workpiace through implementation of paragraphs(a)(b),
(c), (d), (e)and(f).
B. The grantee may insert in the space provided below the site(s for the performance of work done in connection with the
specific grant:
Place of Performance(Street address,city, county, state,zip code)
Eagle Point Park
2601 Shiras Avenue
City of Dubuque, Dubuque County, lowa 52001
❑ Check if there are workplaces on file that are not identified here.
12/2016 cmc 43 DNR Form 542-0128
SECTION II-LWCF GENERAL PROVISIONS
PART D:Certification Regarding Drug-Free Workplace Requirements
❑ CHECKIFTHISCERTIFICATIONISfORANAPPLICANTWH0ISANWDIVIDUAL.
Alternate II. (Grantees Who Are Individuals)
A. The grantee certifies that,as a condition of the grant, he or she will not engage in the unlawful manufacture, dlstribution,
dispensing, possession,or use of a controlled substance in conducting any activity with the grant;
B. If convicted of a criminal drug offense resulting from a violation ocarring during the conduct of any grant activity, he or she
will report the conviction, in writing,within 10 calendar days of the conviction,to the grant officer or other designee, unless
the Federal agency designates a central point for the receipt of such notices.When notice is made to such a central point,it
shall indude the identification number(s)of each affected grant.
PART E: Certification Regarding Lobbying&Certification for Contracts,Grants,Loans,and Cooperetive Agreements �
❑X CHECK IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS 5100,000:A FEDERAL
GRANT OR COOPERATIVE AGREEMENT;SUBCONTRACT, OR SUB6RANT UNDER THE GRANT OR COOPERATIVE AGREEMENT.
❑ CHECK IF CERTIFICATION IS fOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT Of$150,000,OR A SUBGRANT OR
SUBCONTRACT EXCEEDING$100,00Q UNDER THE LOAN.
The undersigned certifies,to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee
of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making
of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal mntract,grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the
undersigned shall complete and submit Standa�d Form-LLL, "Disdosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be induded in the award documents for all subawards
at all tiers(induding submntracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all
subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,title 31, U.S.
Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
./
As the authorized certifying official, I here6y certify that the above sp'qEifi'd-�fertif�cations are true.
C�
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL �%I i i�f (,, -'��,r r_„_`
TYPED NAME AND T�TLE Roy D. Buol, Mayor .'/ �
DATE March 6,2017
D12010
March 1995
(This form consolidates DI 1953, DI 1954, DI 1955, DI 1956 and DI 1963)
iz/zoi6 cm� 44 oNa Fo�m saz-oizs
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
Section II,application 4. Project Description, page 9
LWCF will facilitate adaptive implementation of the 2017 Eagle Point Park Environmental Restoration
Management Plan by: reduction/prevention of erosion and stormwater runoff through implementation
of sustainable best practices, removal and control of invasive plant species, improvement of soil quality,
and restoration and enhancement of diverse native vegetation (emphasizing ground cover and shrub
layers) through invasive control, prescribed burns, seeding and planting.
Section II, Part I, Brief Description, page 10
LWCF will facilitate phased implementation of the 2017 Eagle Point Park Environmental Restoration
Management Plan using sustainable best practices to mitigate/reverse the impacts of excessive
stormwater velocity and flow resulting in severe erosion, remove and control invasive vegetation, and
restore and enhance natural communities with degraded soil and reduced biodiversity on rolling rugged
164 acres of the Park.
Section II, Part II, B.1, page 12
Through implementation of the Eagle Point Park Environmental Restoration Plan, the Project will
integrate historic park features and values with key physical improvements involving: (1) capital
expenditures for infrastructure repair and replacement relative to erosion and runoff(e.g., creation of
bio infiltration areas, retrofitting of drainageways and detention basins); (2) restoration and
enhancement of native plant communities through removal and control of invasive species, prescribed
burns, and planting of native vegetation; (3) soil quality restoration actions of aeration and retaining
mulch that will facilitate stormwater management and enhancement of native plant communities; and
(4) ecological monitoring of vegetation and wildlife to be used to measure progress and provide
feedback for adaptive management.The park is accessed from two city streets.The main entrance is at
2601 Shiras Avenue. This entrance is the park's Southern Gate Road.The secondary entrance is off Eagle
Point Drive, which transitions to the park's Northern Gate Road. Public parking is provided throughout
the park. A map showing entrances (Project Boundary Map) is provided in Part III.
Section 11, Part II,c.5, page 13
Eagle Point Park, 2601 Shiras Avenue, Dubuque, lowa, is a community/regional park atop limestone
bluffs on the Mississippi River. It is an area of natural quality for outdoor recreation, with walking,
viewing, sitting, picnicking, and restrooms.The park has open air and closed pavilions, horseshoe pits,
drinking fountains, seasonal lily pond with waterfalls and goldfish, band shell, tennis courts, playground
equipment, barbecue grills, nature trails, flower gardens, and viewing towers.
Section II, Part II,c.6, page 13
The project involves implementation of the Eagle Point Park Environmental Restoration Management
Plan.This plan offers valuable guidance when undertaking park improvements and introducing
sustainable best practices for managing stormwater, soil erosion, and invasive species—all aimed at
restoring the Park's natural environment.The Park boundary is the overall project boundary.
1
i
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
The overarching recommendation of the Eagle Point Park Environmental Restoration Management Plan
is to engage in a suite of management actions to foster a sustainable future for the Park. These include
vegetative restoration (invasive species removal, control and native plantings) and enhancement,
stormwater BMPs and soil quality restoration.They include ecological monitoring to measure results
and provide measureable feedback to guide adaptive management decisions.These actions are planned
within 4 management units that were delineated using features such as existing roads, topographic
breaks to create areas designated for similar management protocols or similar proposed uses.
Management units take into account the cultural avoidance ratings that respond to data from a previous
archaeological survey. Mapping management units(MUs) were also used to create estimates of
probable cost as well as for designating priorities. A map of management units (Exhibit 13) is attached in
Part III. For this project,the City selected prioritized management actions from the Environmental
Restoration Management Plan for each management unit. Locations for stormwater BMPs were
mapped more specifically as displayed on Exhibit 12 (attached in Part III).
Restoration activities generally include site preparation (broadcast herbicide,tilling, spot herbicide
and/or mowing). Woody invasive species(such as buckthorn and alien honeysuckles) are typically
removed by cutting and treatment of the stumps. Where needed aggressive native species that are
dominating will be removed or thinned to encourage diversity. Woody alien plant species recorded in
the Park during the Environmental Restoration Management Plan field work include white mulberry,
white poplar, black locust,Japanese barberry, oriental bittersweet,Japanese hops, exotic Lonicera
honeysuckles, common buckthorn, and multiflora rose. Herbaceous alien plant species include garlic
mustard, bull thistle, reed canary grass, and Japanese knotweed.
Project actions by management unit (MU), Exhibit 13,or Stormwater Area, Exhibit 12,with associated
benefits, are as follows:
MU 1.
Conversion of turf to prairie. This action on 1.14 acres will include work on all steep slopes. Converting
turf to prairie will promote infiltration of stormwater. It will lower long-term maintenance costs by
eliminating the need for mowing, and it will create pollinator and wildlife habitat.
MU 2.
Stormwater Areas H & I: Reroute runoff to basin in Area 1 and retrofit basin. Control volume and
velocity of runoff and reduce erosion issues. Retrofitting may include re-grading basin shape, adding soil
amendments, and re-designing and improving outlet structures.
Stormwater Areas H & I: Conversion of turf to prairie. Replace high maintenance turf with native plant
species to promote stormwater infiltration, lower long-term maintenance costs, and create pollinator
and wildlife habitat on 1.4 acres.
Stormwater Areas H & I: Conversion of woodland with turf to woodland with native vegetation. Promote
stormwater infiltration, lower long-term maintenance costs, and create pollinator and wildlife habitat on
2
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
1.52 acres. This enhancement action will involve (1) removing invasive woody species through cutting
and herbicide application; (2) control of invasive herbaceous plants through spot herbicide application,
and mowing; and (3) seeding and installation of native plant species as needed (depending on what
remains in the native seed bank).
MU 3.
Stormwater Areas C& D: Create infiltration area, stabilize headcut, retrofit existing basin. Control
volume and velocity of runoff and mitigate erosion. Infiltration areas(rain gardens and infiltration
basins) will be created, vegetated with native plant species. Reducing runoff may promote self healing of
ravines and also ensure success of stabilization efforts.
Bluff woodland and forest converted to bluff prairie/savanna. Reduce invasive species populations and
create diverse pollinator and wildlife habitat on 1.04 acres.
MU 4. Bluff woodland and forest converted to bluff prairie/savanna. Reduce invasive species
populations and create diverse pollinator and wildlife habitat on 3.81 acres.
Outside MUs
Soil Quality Restoration (SQR).
Engage in SQR on about 17 acres outside the MUs (Figure ##), mainly in the developed area of the Park.
This includes activities such as soil aeration, leaving leaves and grass clippings onsite, spreading thing
layers of compost, and encouraging native landscaping. The goal is to reduce the deleterious effects of
compacted soils and increase the porosity of the soil profile so as to increase infiltration and mimic a
naturallandscape.
Entire Park
Ecological monitoring ofvegetation and wildlife.
Overthe entire park, we will conduct ecological monitoring ofvegetation and wildlife. Such monitoring
provides objective measurements related to action-specific performance standards. These data, in turn,
will be used in an adaptive management frameworl<to evaluate, adjust, and refine ongoing
management actions.
Section 11, Part II,c.7, page 13
In the previous section (C.6), we described the proposed scope of this project, composed of
management actions outlined in the Eagle Point Park Environmental Restoration Plan (2017). In this i
section, we discuss further the purpose and justification for this project.
Eagle Point Park, owned by the City of Dubuque and managed by the Leisure Services Department
Division, has long been recognized for its unique scenic beauty. It is well known as a place to get away
from the urban environment, experience nature, and even take a step back in time. Nevertheless, over
3
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
100 years of recreational use and development have resulted in some environmental problems(erosion,
invasive plants, reduced diversity)that need to be addressed to build a sustainable future for the Park.
A strategic plan was needed to scientifically and systematically address environmental issues in the Park.
To this end,the City procured a REAP grant that funded the Eagle Point Park Environmental Restoration
Management Plan.To create this plan, ecologists conducted a natural resources inventory. In this
process they assembled and analyzed existing information including pre-settlement land couer,
historical changes, and potential for occurrences of species of greatest conservation need (SGCN) in the
park and the previously completed invasive species evaluation (2015) and Urban Forest Evaluation.This
was complemented by field work that assessed the current ecological condition of the park and
integrated historical and present day land cover, and information on existing and potential wildlife. Field
work also identified areas experiencing erosion problems. In addition, information gathering including
using existing cultural resource data (Phase I Intensive Archaeological Survey, Wapsi 2016) and
information of historical buildings to create Cultural Resources Avoidance ratings mapped as defined
areas. In these areas, activities will be designed to do no harm to cultural resources.
This information demonstrated the need to address two main interrelated categories of environmental
issues were identified for restoration actions: (1) vegetative management (mainly concerns about
invasive species versus native vegetation or conversion of turf to prairie), and (2) erosion management.
Soil quality was also identified as an overarching issue that interacts with both of these concerns.
Environmental problems are not the only justification for action.Just as compelling are the restoration
opportunities present in the Park. Because of its long history as an area set aside for recreation, the Park
remains largely vegetated with plant communities that contain significant native elements.This provides
opportunities for enhancement of current communities, in contrast to restoration that begins with a
former crop field, for example. It is this restoration potential that is, by itself, a compelling justification
for the proposed project. If nothing is done, this enhancement and restoration potential will continue to
degrade through the ongoing issues of invasive species infestation, erosion, and soil degradation and
eventually be lost. In addition, although not directly a part of this project,the proposed management
actions will also enhance opportunities for interpretation and visitor activities, providing yet another
justification for action.
Section II, Part II, C.8, page 14
In 1908, the first 100 acres of Eagle Point Park were deeded to the city. Streetcar traffic began to serve
the park in 1912. In the 1930s the City received a $200,000 Works Progress Administration (WPA) grant
and hired a landscape architect to build park buildings and gardens built in the Prairie School
architectural style. Overtime, more amenities and more acres were added. Without implementation of
the Environmental Restoration Management Plan, erosion issues will likely worsen resulting in more
severe gully formation, loss of topsoil, and risks to the built environment. This may be exacerbated by
more extreme storm events that are correlated with overall changes in climate. Without vegetative
restoration and enhancement, invasive and shade-tolerant native species will increase in dominance in
most communities with a resultant loss in plant and wildlife species diversity. Without soil quality
4
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
restoration, regeneration of native species will likely be further impaired. And finally, without
monitoring and ongoing assessment,there will be no way to adjust management actions to meet
emerging threats and issues.
Section II, Part II, C.9, page 14
The City of Dubuque's 2011 Urban Forest Evaluation assessed current condition of the urban forest and
made critical recommendations with respect to best management practices and future initiatives that
included Eagle Point Parl<.The City's Natural Resources and Sustainable Practices Specialist evaluated
invasive species in the park in 2015.A Phase 1 archeological survey of the park was completed and
submitted to the SHPO in 2015. A draft nomination of Eagle Point Park to the National Register of
Historic Places was reviewed by SHPO in 2016. A final nomination is scheduled for SHPO and NPS
approval in 2017.The City Park Division has a five-year capital improvement program that is updated
annually for Eagle Point Park.This project integrates all these findings as well as the REAP-funded 2017
Eagle Point Park Environmental Restoration Plan.
Section II, Part II, C.10, page 14
The City possesses all fee title interest in Eagle Point Park.There are no contractual or joint agreements
with other parties for operation and maintenance of the site and/or its facilities.There are utility
easements for electricity, water, sanitary sewer, and storm sewer. Part of the rear entrance park road,
Eagle Point Drive, is a city public street.
Section II, Part II, C.12, page 14
With implementation of the Environmental Restoration Management Plan, much more of Eagle Point
Park's multipurpose recreational spaces and natural areas will be available for use and enjoyment by the
public as the impacts of severe erosion, stormwater damage, loss of turf, and loss of native plants to
invasive species are mitigated and reversed. With implementation of the Management Plan, the City will
be able to establish a diverse mix of ground-layer plants, pollinator food sources, and a variety of fruits,
seed, leaves, stems and roots that will provide resources for wildlife. These ecologlcal improvements will
provide short and long term public benefits by adding to the visitor experience and providing
opportunities for outdoor education. Preventing further damage and beginning the process of
restoration and enhancement will preserve opportunities for ongoing environmental improvements
long term.
Section II, Part II, C.14, page 15
The City of Dubuque's Park and Recreation Commission reviewed and recommended the draft
Environmental Management Plan at a public meeting on January 10, 2017.The Dubuque City Council
reviewed and adopted the final Environmental Management Plan at a public meeting on February 6,
2017.
The draft Environmental Management Plan was made available prior to and during the City of
Dubuque's Park and Recreation Commission public meeting on January 10, 2017.The final
5
LWCF GRANT NARRATIVE: Eagle Point Park Environmentai Restoration Project
Environmental Management Plan was made available prior to and during the Dubuque City Council
public meeting on February 6, 2017.
The City of Dubuque initially consulted with the SHPO and Office of the State Archaeologist in lowa. As
part of the public input process for developing the Management Plan, the City of Dubuque contacted a
number of partners with experience in similar projects: Park and Recreation Commission, Dubuque
County Conservation Board, Four Mounds Foundation, and Heritage Works. No verbal or written public
comments were received at the public meetings held by the Park and Recreation Commission or the
Dubuque City Council noted above.
Section 11, Part II, C.15, page 15
The project was selected through OPSP due to the Quality of Site; Relationship to SCORP Priorities of
resource protection, partnerships, education, facility maintenance, shared resources; Direct
Recreational Benefits; and Local Need.
The project addresses and implements SCORP priorities as follows:
Priority 1: Address funding challenges as they relate to growing healthy and sustainable opportunities in
outdoor recreation and open spaces for lowa.
• By implementing the Eagle Point Park Environmental Restoration Management Plan, a funded
project will directly contribute to sustainable park management in the City of Dubuque.
• The proximity of restored natural areas to the City will ensure that an urban population has
access to a quality recreation experience in a beautiful and natural setting.
Priority 2: Create places to go in lowa that exemplify best practices in natural resources conservation
and protection while providing a variety of opportunities for outdoor recreation.
• By restoring and enhancing native ecosystems,the project demonstrates the effects of adaptive
and sustainable natural resource management based on scientifically based planning.
• The implementation of the Environmental Restoration Management Plan will continue and
expand the City's direct involvement in sustainable natural resource management.
• Implementation of the Environmental Restoration Management Plan preserves natural resource
conservation options for future generations by slowing down or stopping degradation.
Priority 3: Encourage collaboration and planning efforts to advance outdoor recreation.
• The systematic prioritization and implementation of a publicly vetted plan, educates the public
and policy makers on importance of outdoor recreation and restoration of natural landscapes.
• Restored and enhanced ecosystems resulting from plan implementation will create new
opportunities for research and monitoring by universities, colleges, and school groups.
6
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
Priority 4: Promote outdoor recreation as a means to achieve healthier lifestyles, enhancing the quality
of life for all lowans.
• The restoration process and outcome creates new opportunities for partnerships—between
local, state, and federal agencies, special interest groups, regional school systems,colleges and
universities—to preserve and promote outdoor recreational opportunities.
• Correcting erosion problems provides safe and secure trails and grounds for walking, hiking,
birding, botanizing, and other activities for visitors of all ages and levels of mobility.
• Enhanced and restored natural ecosystems will attract visitors seeking new knowledge about
the natural ecosystems of lowa.
• The integration of developed park recreational activities with nature-based activities
demonstrates an inclusive vision that includes all lowans.
Priority 5: Better understand lowans' outdoor recreation wants and needs, and develop effective tools
that connect them to lowa's natural resource opportunities, based on their unique demographics and
interests.
• The project demonstrates the way in which cultural resources, traditional park uses, and natural
resource conservation and restoration can be integrated for the benefit of people and the land.
• The restored ecosystems will provide new opportunities for nature interpretation through
signage and programs, connecting visitors to lowa's natural resources.
• The proximity of restored ecosystems to the City provides a unique opportunity to engage urban
citizens with some of the stellar natural resources of lowa while also connecting them to their
region's prehistory and history.
Section II, Part II, C.17, page 15
The City of Dubuque will provide information as needed to the IDNR to complete Section 106
consultation with lowa SHPO.
The Planning Services staff facilitates weekly meetings of the City's interdepartmental Development
ReviewTeam, which includes representatives from the Building Services, Engineering, Water, Fire, and
Planning Services Departments. This local team will review the proposed project with key staff from the
Leisure Services Department, specifically the Park Division Manager and the Natural Resources and
Sustainable Practices Specialist.The local team will ensure compliance with any applicable City site
development, landscaping, and storm water management guidelines as well as compliance with IDNR
National Pollution Discharge Elimination System (NPDES) construction site permit requirements(i.e.,
storm water pollution prevention plan,temporary and permanent erosion control measures).
7
LWCF GRANT NARRATIVE: Eagle Point Park Environmental Restoration Project
Section II,SHPO, page 22
1. Phase I Intensive Archaeological Survey of Eagle Point Park, City of Dubuque, Dubuque County,
lowa -Wapsi Valley Archaeology (WVA) Report No. 847 prepared for: the City of Dubuque,
lowa. The project included a Remnant Mound Survey. Final Report dated December 2015 is on
file with the lowa SHPO and the City of Dubuque Planning Services Department.
2. The mound remnant survey was to determine whether there were intact or partially intact
mound features within areas previously determined to have high potential for this site type.
The Phase I survey was conducted in selected portions of the Park to locate archaeological
resources in the project area, as well as historic archaeological sites within the park boundaries.
3. WVA consulted with Bioarchaeology Director Lara Noldner at the Office of the State
Archaeologist (OSA) and with lowa SHPO prior to field investigations focusing on the
identification of remnant mounds.The Phase 1 survey involved initial background research
followed by field investigation and consultation with Dubuque Architectural Historian Dr.Julie
Jo Schlarmann.
4. The Remnant Mound Survey used LiDAR analysis, geophysical survey, cadaver dog survey,
surface reconnaissance, Oakfield Probe testing, auger/shovel testing and subsurface testing in
the ridgetop areas previously identified. No traces of burial mounds were found.The Phase I
intensive archeological survey was undertaken in a larger area along the park's side slopes and
a portion of low terrace areas to identify other archaeological sites within the park proper.
Nine archaeological sites were newly recorded during this investigation. The WVA report
recommended that the City of Dubuque avoid these historic sites during future development
and that the City periodically observe/monitor the sites to ensure that they are not damaged
over time. Further site documentation, mapping, and archaeological investigations were
recommended for future planning purposes. The City of Dubuque adhered to federal and state
laws by which information in the WVA report relating to the nature and location of
archaeological sites is considered private and confidential and not for public disclosure.
5. None, beyond those mentioned above in #4. relative to avoidance and periodic
observation/monitoring of historic sites. Cultural Avoidance Ratings were assigned to the Park
to be used on conjunction with implementation of the Environmental Resource Management
Plan.
6. The Dubuque City Council reviewed the project at public meetings in September 2014,August
2015, and March 2016. The City of Dubuque solicited comments from the City's Park &
Recreation Commission, the Dubuque County Conservation Board, the Dubuque County REAP
Committee, Four Mounds Foundation, and Heritage Works.The City of Dubuque also consulted
with the lowa SHPO and Office of the State Archeologist.
7. N/A
8. No traces of burial mounds were found. Nine archaeological sites were newly recorded during
this investigation.The WVA recommendations are summarized on pages 7-8 of the above-cited
report on file with lowa SHPO. Findings were integrated into the Environmental Resource
Management Plan through the creation and mapping of cultural resource avoidance ratings.
8
LWCF GRANT NARRATIVE: Eagie Point Park Environmental Restoration Project
Section II, Part III- Required Project Maps, page 28
Required Maps—Included are two original copies of each of the following:
1. Dated Project Boundary Map with Legal Description
� r.��. nn�.. ���,...;r.:,... .. ,.�t� ..,,i„i N�q
3. Site Development Map (development projects only) [provided in a series of maps]
4. County Map with project location
S. City Map with project location
The following information is included on the enclosed Dated Project Boundary Map,Tract Map and/or
series of Site Development Maps:
1.title of the project;
2. date of map preparation, certified by the grantee signature;
3. maps must be to scale, project boundary outlined, showing feet, acres, legal description of acres,
section numbers and a directional arrow (example of an acceptable map and legal description is
included);
4. show planned development for project site, color code existing and planned development;
� ��.,..., ,ii..,�.�.,. �,.. .. .�ti,�,.a r..�,. �.,, ,.�.. ,,..i„�. N�q
6. show existing roads (include names),overhead utility lines or other environmental intrusions;
7. show existing land use of land adjoining project site;
Q ��,,.,., � ���� � „a,.. i,.��,.i�� �...� .,...., . ..«�,., i,.,.-„i��. N�q
•I�e�ll II� e�hr��h'r� ' r�4r� �4, �4� ; N�q �
10. show and identify adjoining bodies of water or other natural landmarks.
Section II, Part IV- Budget Sheet, page 31
Budget Category Cost per Item Source of Funds
Environmental Consulting Services $ 50,000.00 City of Dubuque
Implement Environmental $350,000.00 LWCF, City of Dubuque ($25,000), City REAP
Restoration Management Plan Grant#16-R4-CZ ($150,000)
Contingency $ 4,000.00 City of Dubuque
Total Project Costs $404,000.00
LWCF Request $175,000.00 (43% of total cost)
Section II, Part V,A.Audit, page 32
Comment: Yes; the FY2016 City of Dubuque Comprehensive Annual Financial Audit, a 206-page
document, is available online at http://www.citvofdubuaue.or�/ArchiveCenter/ViewFile/Item/6224
9
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Legal description of 164 acres of land owned �- �y�,�'� ` ��;� ���,:°r ��' �%� s ',�
by the City of Dubuque, lowa: %"`� � • ��A�� x , ,� � � '� :
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3, ��` �� ''"�� ��;, � �' °�` ,�
LOT 1, LOT 2 2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF `a�� ��� r �.�' �. �y'1��,'`�<� . �
MIN LOT 308, LOT 1&2 OF SUB OF 3 OF MIN LOT 305A yN �.`\ r ���'� �� "' . ' ��_iy
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 �N< - •y� !�' �y `. a �-
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE � �� �}' : yos Xa �r,. - � qI ���'
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND y�, ' 1 ' �', "'��''�' , a' ' �}
f. �d • 7.. P�F}. � « � -� i �...
DAM & RNERLOT2-40FEAGLEPOINT#t2, LOT2-221,LOT , k' I i �; ' ' lta� � r ^� � ��'I � �
1 222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU � ' �e�iid.' � ��� .x. �. a . .: ��i t �
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS Of �. � . ,Y�" ��, � '„F"� ' ,� .. _-� MI � ��
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, irr,�'� "� � ' �'� � ! �,',;
� � r ✓� ��f�:+� � r'r' 1.� �: �rJ ?�
LOT lA, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, �
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-23 ALL OF a�4�. ,; �j•?ry� ��,f �f^a�� .., ' ��,�, �
M W LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 0F �!'% yr��`� �;�.: ' ��i ,i�-��, - r 'S�r� �/�I
MINERALLOT305A W SEC. 7—T89N—R3E il�'�,�y.„ :' � ' � � '�%'�i /��"
a 7X a�..e.>a � �... , � ,.t�4 try "" ✓Z r ) �,� '
Map prepared: February 28, 2017 �^�• ; �� s �, .�` '_p„ ��-s?�/ �.��F� ��
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Applicant Certification: �b � ' • � � y ` ��
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Eagle Point Park Environmental Restoration Project:
Dubuque County Map with Project Location
ArcGIS Web Map
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March 10,2016 Legal desc�iption of 164 acres of land owned by the City of Du6uque,lowa: 1�.307,200
L� County Boundery LOT 2-1-2,LOT 1-1-1-1-2-3,LOT 2-1-1-23,LOT 2-1-2-3,LOT 1,LOT 2-2-2-3 ALL OF M W ERAL LOT 310,LOT 1 OF M W lOT 308,LOT 0 3]5 ]5 15 mi
[� Ciiy Limi�s 1&2 OF SUB OF 3 OF MIN LOT 305A LOT 4,LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 OF 305A EXCEPTTHAT PARTTHAT p 5 10 ][I km
LIES EASTERLY OF TH E RAILROAD TRACKS AND W ESTERLY OF THE LOCK AND DAM&RIVERLOT 2-4 OF EAGLEPOINT N2,LOT 2-
�,_! PolincalTownships zZl,LOTl-222&LOT5223&224JULIENADD,LOT5529THRU534HAMSADD.,LOTSb6,LOTS23-6ANDPARTSOFLOT5107
TO 124 ALL W FOUNTAIN HILL RESUB.LOT 1,LOT lA,LOT 23-2,LOT 2-1-4,LOT b6,LOT 7,LOT 243,LOT 2-4,LOT 2-1-3,LOT 3- o.e�.,a�.'c��p cis���M���
1-4,AN D LOT 2-1-2-3 ALL OF M IN LOT 312,LOT 2-1 BLK 3 ORCHARD H I LLS LOT b2 OF MINERAL LOT 305A I N SEC.7-T 89N-R3E
Map prepared: February 28, 2017 Applicant Certification: ��"`"''�� "`-"�`'"'
o.e.a�•comry mw nis
Laura Carstens fa)MiEDUEuyueCeunlylwa
Dc�ii v i� I�
Eagle Point Park Environmental � �
Restoration Project: ' 1
City Map with Project Location , , t'° \
Locations of City Parl<s '` "
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Dubuque City Limits a �� �
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Legal description of 164 acres of land owned ; f
by the City of Dubuque, lowa: „ _� W
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3, ���^
LOT 1, LOT 2-2-23 ALL OF MINERAL LOT 310, LOT 1 OF
M I N LOT 308, LOT 1 & 2 0 F SU B O F 3 O F M I N LOT 305A
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1
OF 305A EXCEPT THAT PARTTHAT LIES EASTERLY OF THE
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF �
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, tQj'^'°"°'"'"°'" �'q""`"'""^""""'^"b"" Q`aeivP"A �`"�'""" �o`""""„
6U15twatFve o�u@sl)�. ISWLIcXSe WeluU�lve lall V-�shMg�onG.
LOT 1A� LOT 2-3-2� LOT 2-1-4� LOT 2-6, LOT 7� LOT 2-2-3� Eu,�aP��4 YM�o�i�aa�.n �nu��.,��Nu *.nay�.r..�� v��..ier:.�a
LOT 2-4� L�T 2-1-3� LOT 3-1-4�AND L�T 2-1-2-3 ALL�F Ozunvr���:yti.,m.+�. �n.wm��os�avommee�w. �zelsmn��.nxn �c,m�.ian.gnn��,nn,. ��en�H�..ds�.
.a�uan xoo:�emr..x nnronr.�u uv.=�.rm..,w�x rr.�w
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF OO ;yi�.,,m��.�mo�. ��im.�n�,s-.,a.�«� ���owe��i,auev �,ss�n..����,•,on�m. �i�o�`oio�m�,��.
MINERALLOT305A W SEC. 7—T89N —R3E OO �`""«`�..�xa�ax.�,e..,i�„ Qi��o'���Hatre.=��n��<., �,an.,,�,i�„u wmy�Mn ��uo�„m�ian
omin<r iEoird�nimisn��nyo�- rsoome.�n�uen,. isooMems�. �wo�n,. �:trwn.�nn.
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I>WSG.nMI�wRve b5IX1�f �665VnrveirvllyPve �WeLLiuokSiiMllvNon �fYPo[enhal
Map prepared: February 28, 2017 -N.e�na��„� n�b«��„k �Aa�«„�. ���.��n,�z,w�P,.e �h,�e������o�����rse
(� ( 7/— OS"q I �D. �PIbJ - �IB I3M � JLi:n91uJ. �FuiM�MIIPiI
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Laura Carstens ������e,w�o�„ewomk �o�e��,�r� ���e��,,.h,� �� �arPa,k s�a,e�,k
ies�am�u�is�K.+yo�. ua�vrivimq��- seem�,,,amn. z�¢�a�in�im,^�e� �ssse.,nn,s.
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Io�pSe&�:nl+�rBMi. �B3�lY e5[ �Ea�IeVJIeySUIWNrsmn �i9J]PmmyNaniaAve �NonM1GeaMnev�Ave
O.�an9e�CndNnlu�ei�aA Z� F�IkGa�k �Wa11o.Cw0eiPark �ValennnnpaM
DOFu�iietnleielu��yp.vk 1)OlFailfl�. 600'unpe�Pl. flHlValanOnelk
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Eagle Point Park Environmental �' ��' - �
Restoration Management Plan: �.
Dated Project Boundary Map
Public Infrastructure �'�
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- — Project Boundary � �'
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Legal description of 164 acres of land owned � �
by the City of Dubuque, lowa: � ��p
.
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3,
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF \�� � � / " g
MWLOT308, LOT1& 20FSUBOF30FMINLOT305A i��,. �
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 "�! � —' � _ p
OF 305A EXCEPT THAT PARTTHAT LIES EASTERLY OF THE - -. -
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND `
DAM & RIVERLOT 2-4 OF EAGLEPOINT tl2, LOT 2-221,LOT
1-222 &LOTS 223 &224lULIEN ADD, LOTS 529 THRU '-"
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF ��
LOTS 107 TO 124 ALL W FOUNTAIN HILL RESUB. LOT 1, �Eagle Point Park '�
LOT lA, LOT 2-3-2, LOT 2-1-4, LOT b6, LOT 7, LOT 2-2-3, I o ��_
— Sanitary Sewer _,�
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF p `ti,.� _��
MW LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF — Stormwatersewer � �
MINERAL LOT 305A IN SEC. 7-T 89N-R3E — Warer Main i -
� Warer 7ower x '
Map prepared: February 28, 2017 +-I- Raitroaa _� �-� --�� � �
w
'; _ �ock&Damii
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- Applicant Certification: � �e�ee 1 0
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0 125250 500 Feet \ y� ���
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Restoration Management Plan: � � � �`� ,,� ._ �l ��; '.:;=�� . � +•v : �
Dated Project Boundary Map `�:�V" ^ �``� �� `��` C�.�,: �; • r .�* � •
Existing Land Use � ' '`
��
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Legal description of 164 acres of land owned �� ��� �� / / / ;�
by the City of Dubuque, lowa: �-, ��� j' � �j
� ��,
LOT 2 1 2, LOT 1 1 1-1-2 3, LOT 2 1 1 2 3, LOT 2 1-2-3, � -,----- -���I I 1 TT ��j/�� �� �
L O T 1, L O T 2 2-2-3 A L L O F M W E R A L L O T 3 1 0, L O T 1 O F -' ..I - ��
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M I N L O T 3 0 8, L O T 1 &2 O F S U B O F 3 O F M I N L O T 3 0 5 A I � � - ��.I�i �;; // j �� �
LOT 4, LOT 1-1-1-1-1-1-1 OF M W LOT 305A LOT 1-1-1-1 f � I �I � � j ,�,
OF 305A EXCEPTTHAT PART THAT LIES EASTERLY OF THE �� �I �I � _J�� ��i '! ��i.
RAILROAD TRACKS AND WESTERLY OFTHE LOCK AND ��Eag�ePointPark �I � ��� j.� ���j ir,
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT �I i I�, ,
� Current Land Use i . �/i /� / � �
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU li I i � �//�� i i'
SingleFamlly i . i/ N�
534 HAMS ADD_, LOTS 2-6, LOTS 2-1-6 AND PARTS OF -- - - ���`�y� '.� r ,'%, � '�. -
� SingleFamily/Duplex ' �., /� '��
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, - Multi-Famiiy � ��'� '���� � �" `~ �j
LOT lA� LOT 2-3-2� LOT 2-1-4� LOT 2-6� LOT 7, LOT 2-2-3, -Commercial -. � ',r A
_ s P �� '
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AN D LOT 2-1-2-3 ALL OF I-- - - '� 9:�, _�.,
.Commercial Recreation �
�
MIN LOT 31Z, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF � ��qgdcmmre �' a�,n/f/"�
M W ERAL LOT 305A I N SEC. 7-T 89N-R3E - Heavy IndusVial ��Txr�� ..�, -
- Institutional � �' /f4, �` �
Map prepared: February 28, 20ll ��� ���ory1Ce N . ",�,._ �.�� �.�f '�P
\� r }/� .Parks o`� . e
`u.lt\l;\_-c-�-'Jl.Lt�-� . \' cF� ...,• .
Applicant Certification: ` e�
�Open Space , s
Laura Carstens ;�va�am ,�. "-,,,
— � C, r�� �, �,oe � "F �p� .
M
0 250 500 1,000 Feet ��'� ' �� � ��'e� � �
I i i i I i i i I ° r.-
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\
-_.._.._� � ,.\ �
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Eagle Point Park Environmental (' �`; �$
Restoration Management Plan: 1 '� �" �
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Dated Project Boundary Map bA9,<ti
Park Amenities �''"'
e�
-- Project Boundary �'*
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Legal description of 164 acres of land owned
by the City of Dubuque, lowa: `' � �
}
� LOT 2-1-2, LOT 1-1-1-1-23, LOT 2-1-1-2-3, LOT 2-1-2-3, .
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF " I?
MW LOT 308, LOT 1 &2 OF SUB OF 3 OF MIN LOT 305A �
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 � �
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE ?���Eagle aoint Park
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND � piaynreas .
DAM & RNERLOT 2-4 OF EAGLEPOINT tk2, LOT 2-221,LOT � � •% - r � ��
InOian Room .
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU � �� Tennis Courts '
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF �--- �:�-'
`_. _� Horses�oe Pits
LOT5107 TO 124 ALL W FOUNTAIN HILL RESUB. LOT 1, _ � gridgeComplex .6""
LOT 1A, LOT 23-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3,
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF � Veranda Rooms ._
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF �...___ openAirPavilion .
MINERAL LOT 305A IN SEC.7—T 89N—R3E � Rivertront Pavilion I
�. Log Cabin Pavlllon � �
Map prepared: February 28, 2017 � Eagles View Pavilion
� �
, - I � �Tri-Stale Vlew Pavilion _ _� T
ApplicantCertification: -�"�"'��` '���`•� � sntrasnnemoneiaa��ron ° ]�
Laura Carstens 0 Resaooms ,.;� �;,s
r`� ' �
0 125 250 500 Feet "
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F;3 *�
eni�;o�+n '•�'�?�,. ...
Eagle Point Park Environmental
Restoration Project: OE.skPo,�,P,.,,oa,., ��
Site Development Map °'� '°�""""°°"�`"°"'°° �'���'�` � �
�aiyomueuQueP=me. � WISCONSIN
Exhibit 1 Regional Context ��„a�,�,��„,,,�o, ''
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Legal description of 164 acres of land owned •�.�_ �L� 1 r,'
u r0000a�c�
'.o op�a ��L 1i �„ , II.�IG015
by the City of Dubuque, lowa: r �.,� : „ �
LOT 2-1-2, LOT 1-1-1-1-2 3, LOT 2 1 1 2 3, LOT 2 1 2-3, r�r� V �� ,� ` �" - ��
CENiPALIA L� �
LOT 1, LOT 2-2-23 ALL OF MINERAL LOT 310, LOT 1 OF � � � - � �
MINLOT308, LOT1 & 20FSUBOF30FMINLOT305A � � '��
._,�,. �„
LOT 4, LOT 1-1-1-1-1-1-1 OF M W LOT 305A LOT 1d-1d .;�°�^�-1 . �_"' o.]
m ,<'� � - , � -
RAILROAD TRACKS AAND W STER YLOF T ESLOCK AND HE ,I�_ v. _ _ � ' .
DAM & RIVERLOT 2-4 OF EAGLEPOWT q2, LOT 2-221,LOT ,, 1_ �-�-
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU 0, I O W A ,,�`� '- �"�.
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF �;^-- v 'I si7e I%-� � �
LOTS 107 TO 124 ALL W FOUNTAIN HILL RESUB. LOT 1, �`--- ---'�------�;- . �� `
LOT 1A, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, --�-'�7 m '�
�
LOT 2-4, LOT 2-13, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF Eagle Point Park-Environmental °���o`•`.
MINERAL LOT 305A IN SEC. 7-T 89N-R3E Restoration Management Plan -�%_�^��^
s P,A�n.�.�,d��,z�
Map prepared: February 28, 2017 Exhibit 1 `.""•'�`°°'°","'"'°`"' ' ,�'�
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Restoration Project: �''�ri;i;,��� ��, '�<� \
Site Development Map ' '—J ; ' ' \
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Exhibit 2 Topography and Soils , ;
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Legal description of 164 acres of land owned E�e a�o �o �p ,zf� � a„ . '� ' +.� ,�,F �,
by t h e Ci t y o f D u b u q u e, l o w a: / = � : �
LOT 2-1-2, LOT 1-1-1-1-23, LOT 2-1-1-2-3, LOT 2-1-2-3, 4.,,;. �
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LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF '4�� »�.��� .� �l � ��S��n ; �
MIN LOT 308, LOT 1& 2 OF SUB OF 3 OF M W LOT 305A k^�`� 's:`
.s +S:
LOT 4, LOT 1-1-1-1-1-1-1 Of MIN LOT 305A LOT 1-1-1-1 ^ '��p� � F � —� �
OF 305A EXCEPT THAT PARTTHAT LIES EASTERLY OF THE ��` .r ' " _�». � _
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND �- .� /r f " �� y,�o' �'r+' � r ,
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT � � �'` ' 1 r' -
; �l, t ..�',�
1-222 & LOTS 223 & 224 JULIEN ADD, LOTS 529 THRU ry��/ -" ' ���y� �
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF � " � - � (�� �
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, �� . :�� � � �. .
LOT lA, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, �•,i r , �� i^
LOT 2-4, LOT 2-13, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF � � �
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF
MINERAL LOT 305A IN SEC. 7—T 89N—R3E Eagle Point Park- Environmental
RestorationManagementPlan ..��:._•,��•fi����=...
=�nYn�l.'rM..�.+iJ�
Map prepared: February 28, 2017 Exhibit 2 ";"`"'"`""`--'";"'"".'-..."
Applicant Certification: �����1�,�-�=+���� Topography and Soils ;��!�»;a�r�,E„
ecoiocicni
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Restoration Project: ,
Site Development Map ,,,. �� '";,:<'`f. , �: -• ,'`�
Exhibit 3 1930s Aerial Photograph ",��• . • � .
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Legal description of 164 acres of land owned ' ' , Y. � ..t-. �z �`� � * d4 y�:'u � ,;� Y•��
by the City of Dubuque, lowa: , ��,.�.� "� �,�. ,.,�rjr • � /�� ��"
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LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3, rt5;�j 1�.. � �,.�,�ft� �'„t +�' �.,� � /+� .:�
LOTI, LOT2-2-2-3ALLOFMINERALLOT310, LOT10F 3 'i 'ti" 'F�-:� :�Fc:� �dy` ' .
,�� , , �
MIN LOT 308, LOT 1& 2 OF SUB OF 3 OF MIN LOT 305A A � � t1c+-pr�Tp.'.,,��� a,�"G�;,1�.-: ' ' �
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 ��1�'�+ y ��,�,�'��� � j �
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE �`.��,1�• , x '�Ti y.�i t'. ,,. /p' .�p��'��'� '�n � �
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND ��'+ � � L � �r F " � �. ' �
DAM & RIVERLOT2-40FEAGLEPOWTN2, LOT2-221,LOT yt�, � � �� ��p ,� , � � ,�;,�.'�I.'���+ �yi �C=RA -
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU "'• � � '�� � '� �' ' ' •'t •
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF ''�"� '^O�� . ! �� �� }
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, �:h . J ����. � y �1R ���
.�'_. --'�_, �. ,�.
LOT lA, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, =�"' - .
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF +
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF
MINERAL LOT 305A IN SEC. 7—T 89N—R3E Eagle Point Park- Environmental ,.
Restora[ion Management Plan �r�,,,
Map prepared: February 28, 2017 Exhibit 3 ��p.��m��•�•F"�.;���M��F��".����t.,,
C1-�W'1G�v�.�i.,.� 19305 Aeflal Photogfaph iA�"!"!^PP��Eo
Applicant Certification: - �f�Em�o���a�
Laura Carstens ""°""""""�
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Site Development Map �: .�,�. .`� �,"�" t `�.�; � � '
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Exhibit 4 2015 Aerial Photo ra h � ,,:r, ""t'� �'� t� �''
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Project Boundary 'T.::�7. 'z`��� ., ���n�^ Y � t� �j'1r�.. A ,.,,�
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Legal description of 164 acres of land owned �'� �."h! �� � t,,�,y^'� � �":%�^'."1�rt��w
by the City of Dubuque, lowa: � `'�� �' '��� � � , 'j; `�,'%����'"'� :r �
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-23, LOT 2-1-2-3, � ����� i��U� "",44��• � A ���� x r`��t�'i'i `�" � _ '
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF �`8Y�'<<�,�" �«; � ��r ��,'`" �v�; ;.Ci ,r .� . '
M W LOT 308, LOT 1&2 OF SUB OF 3 OF MIN LOT 305A ��,i. � '�` «n% �,� ' F�',� '�} -+�,; '�� �1'�.S�ti -�: � .f ��
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 � f �;� c' }�'��^.�„ti'� ��y�,"�.��"'� •;� k��
OF305AEXCEPTTHATPARTTHATLIESEASTERLYOFTHE ��''�� � : �,��.' ;,,;,ti,��.� ����',1•�t +
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND h� -.� � � `•�,'i� Z ;q`>y`r'��k�('�`<�r �,���1; 1
lF.A l�
DAM & RIVERLOT 2-4 OF EAGLEPOINT N2, LOT 2-221,LOT � � �,� � ; ij.�_ "� �.'�, �t' �. -,,
1-222 & LOTS 223 & 224 JULIEN ADD, LOTS 529 THRU `+1�'•` �'1n�'.� '�/ �C� . .. �; � > � 't�♦� �Tl
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF �, �"�4�� � �,., �� �.:�� �; �I�j ��°��
LOTS 107 TO 124 ALL W FOUNTAIN HILL RESUB. LOT 1, � . � ��,".� + � , • � `� �
�, i� �
LOT 1A, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT Z-2-3, �� i� � `�'��v t,��� '�:,� ; '0 `� � � �
LOT Z-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF , y' L- * .-�-'� � �'`�:�"� � � �''�
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF ,.�,�.�
M W ERAL LOT 305A IN SEC.7-T 89N-R3E Eagle Point Park- Envfronmental °�;aa�aa4�.
Restoration Management Plan `••"•�""�,p„�
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Map prepared: February 28, 20ll Exhibit 4
Applicant Certificatiore "'"kRu`=����, 2015 Aerial Photograph ;�';'�^;a�o��E�
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Laura Carstens ;;��,,,;sen ices
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Legal description of 164 acres of land owned �'� �."h! �� � t,,�,y^'� � �":%�^'."1�rt��w
by the City of Dubuque, lowa: � `'�� �' '��� � � , 'j; `�,'%����'"'� :r �
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-23, LOT 2-1-2-3, � ����� i��U� "",44��• � A ���� x r`��t�'i'i `�" � _ '
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF �`8Y�'<<�,�" �«; � ��r ��,'`" �v�; ;.Ci ,r .� . '
M W LOT 308, LOT 1&2 OF SUB OF 3 OF MIN LOT 305A ��,i. � '�` «n% �,� ' F�',� '�} -+�,; '�� �1'�.S�ti -�: � .f ��
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 � f �;� c' }�'��^.�„ti'� ��y�,"�.��"'� •;� k��
OF305AEXCEPTTHATPARTTHATLIESEASTERLYOFTHE ��''�� � : �,��.' ;,,;,ti,��.� ����',1•�t +
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND h� -.� � � `•�,'i� Z ;q`>y`r'��k�('�`<�r �,���1; 1
lF.A l�
DAM & RIVERLOT 2-4 OF EAGLEPOINT N2, LOT 2-221,LOT � � �,� � ; ij.�_ "� �.'�, �t' �. -,,
1-222 & LOTS 223 & 224 JULIEN ADD, LOTS 529 THRU `+1�'•` �'1n�'.� '�/ �C� . .. �; � > � 't�♦� �Tl
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF �, �"�4�� � �,., �� �.:�� �; �I�j ��°��
LOTS 107 TO 124 ALL W FOUNTAIN HILL RESUB. LOT 1, � . � ��,".� + � , • � `� �
�, i� �
LOT 1A, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT Z-2-3, �� i� � `�'��v t,��� '�:,� ; '0 `� � � �
LOT Z-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF , y' L- * .-�-'� � �'`�:�"� � � �''�
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF ,.�,�.�
M W ERAL LOT 305A IN SEC.7-T 89N-R3E Eagle Point Park- Envfronmental °�;aa�aa4�.
Restoration Management Plan `••"•�""�,p„�
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Map prepared: February 28, 20ll Exhibit 4
Applicant Certificatiore "'"kRu`=����, 2015 Aerial Photograph ;�';'�^;a�o��E�
�(,cmVocic.�
Laura Carstens ;;��,,,;sen ices
ron�.e e�aos..i s..,....m�.
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Restoration Project: �.
Site Development Map �
Exhibit 5 Stormwater Issues
• �
Project Boundary �-F .
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�Ea�le Point Park(�OB aq } � � � �
Stormwater issue � y a � .
� �1 i �
—y �rainageway Fiuw Palh �. - �
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♦ � {
• sm�mnna�noie ,^�, . ��►;� �,
• Storm Inlet j' ��a L+ � � � • •
Legal description of 164 acres of land owned ���m P.ue �,;; y.. .� � �'
by the City of Dubuque, lowa• E1e°�ionOonto°'�'"'"`eN°9 � " ° ' �
' 4
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-23, LOT 2-1-2-3, � Boltlinp �, � r _ ,
LOT 1� LOT 2-2-2-3 ALL OF MINERAL LOT 310� LOT 1 OF , imxrvioussurrace • �
MIN LOT 308, LOT 1&2 OF SUB OF 3 OF MIN LOT 305A �� f �,
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 � � �,:l�� — ■ ',
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE � � • - •
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND .�-� � ��5..'• �
DAM & RIVERLOT2-40FEAGLEPOINT#2, LOT2-221,LOT � � .r . l` �����j��.
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU �• ' �/ •• • y,.
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF i+ R % •� � �;.;,�
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, T � �'4' • •:'•`� � �•
'• �:.rS.
LOT 1A, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, �� "�� ` ��� �.z � a
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-23 ALL OF
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF .s,,,..:
M W ERAL LOT 305A W SEC. 7—T 89N—R3E Eagle Point Park- Environmental °�IvP ada�.
Restoration Management Plan - •���Md��ro,��
Map prepared: February 28, 2017 Exhibit 5 """""°��"°'-'""'"°'-'°"„-"
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�u.�ZG��+.��.-� Stormwaterlssues .��.,� �,APP��Eo
Applicant Certification: � �( �«o�o��v,�
Laura Carstens ;;,;,,,,,;sExoicEs
e=aoc.naM�.,,m..
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Eagle Point Park Environmental
Restoration Project:
Site Development Map
Exhibit 6 Existing Land Cover -.
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— Projed Boundary � t� '�
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O Eag�e Pomt Parl�(�OB av) � , '
Elevation conmur I�-tt intawap y • �
ExlstingLan�Cover � �• � �
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Legal description of 164 acres of land owned �
by the City of Dubuque, lowa: ,em�y � � � � �
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3, �e�a .� �
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 31Q LOT 1 OF ' ��
M W LOT 308, LOT 1& 2 OF SUB OF 3 OF MIN LOT 305A � R'�����.�•<,
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 � '""•,".°°"
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE '"'""'°'�`°""""'•" �
•
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND � �"""'v,°.'°'° �
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,L0T � • -
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU -
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF ` ��'�
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1,
LOT 1A, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3,
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF --
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF .s,,,..,
MINERAL LOT 305A IN SEC. 7-T 89N-R3E Eagle Point Park - Environmental °�I�o d oq..
Res[oration Management Plan .��� -+��Md��w�+,
P�,��«�..a.��A
Map prepared: Pebruary 28, 20ll Exhibit 6 """"`-`":"-'"°`�"'"r
h��
.`'��u. ��-�+.��.. Existin Land Cover "'^r�^;AP°C°
Applicant Certification: ;,�� ,
'\- �-- '� 9 ��emmc¢ai
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� * -.>•>� � ���
Restoration Project: ,•>� � Q , •;�
Site Development Map ;'� , �. �*� �,
Exhibit 7 Core Habitats - � ���s; '� ��� -
..,. ���iF,c k; �, e
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rc S � TM�^, i,i .. I."br ���.w `` �'��"4
---- Project Boundary .•, , • �� ��p p �s � `.,,
V ��1'��'f�+�r�� �4� "�.1V 1 F }:
� Eagle Poinl Fark(108 xc) � g N - -i ���� �_ � ��
�r HoeM'���da c« � ��G, i �t+i�� `�
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Legal description of 164 acres of land owned ;�;� � "°�y �� ��? ', �"',���A ,,,c_, i
by the City of Dubuque, lowa: �'� �� :�,y��,�er �+titi'• ,' �''�'� �S;t�?7 _'� � ti
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3, . � ���y„�;�. ��� ��`�, � �. � i� ^ ,Q
LOT 1, LOT 2 2-2-3 ALL OF M W ERAL LOT 310, LOT 1 OF � %� �`, �` �^ ��:�.�'k _ - �'
MWLOT308, LOT1 &20FSUBOF30FMINLOT305A '��'���.+ - . ��� � �+�'�
LOT 4, LOT 1-1-1-1-1-1-1 OF M I N LOT 305A LOT 1-1-1-1 * 1 3'^'� ~~� t��%`� � -rr ��i'"-����" ^�11; ,
OF 305A EXCEPT THAT PARTTHAT LIES EASTERLY OF THE � f � �} " j ir � ���x �; s � '-��ii. �
RAILROADTRAQ<SANDWESTERLYOFTHELOCKAND �^� e�� �'y.� `'}',;� '�,_ ,�._� �� �� ^' � � iY�";�� '�
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT .,;�� '�Y, .� .i '�,� ��' T�-
�M L-+ L r � �^��� � ,yy_,�
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU �3 y'f�, �`t� � "h 4� . r ' �\,�• '��y�
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF ��; ♦�;. � �,�_ �v ��°� � � .y�� . �,,-' ,j .
.+ .+�Sr.Y» V .� V�'y� � :`
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, ,�C� ��',� � � :� � � '1 S �'^�� .'��4�t.��,,.��' �'
LOT 1A, LOT 2-3-2, LOT 2-1-4. LOT 2-6, LOT 7, LOT 2 2 3, ',t '"'�r,?jyR �ia, \ �4 . ��'. �:� yr� ., v r ra,:
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF � "
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF Eagle Point Park- Environmen[al w'„�a��4�.
M W ERAL LOT 305A IN SEC. 7-T 89N-R3E Restoration Management Plan L������,
�WJPunaipipoYa0131
>wpYlluWn�6�43T
Map prepared: February 28, 2017 /-- Exhibit 7 "`"'""`:':°'-"•'"y"°"'°",,."
�� 1 � �,I , ��������AVVLIEU
LX1l�'\G\-�e�✓s-C �� Core Habi[ats �r iecoiocica�
Applicant Certification: ;,,..,r,,sE,��,«�
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Laura Carstens �e•dE����=��_��•,,��•.
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Restoration Project:
Site Development Map
Exhibit 8 Pre-1800 Vegetation
Project Boundary
� fn9lePoi��Pa�R1109n�1
Pro-1800 Vcgetation
Fo�n:�
s..a���.s wooaia�a
wa.�e s sa.a��e
Legal description of 164 acres of land owned a'°"°�a^°
by the City of Dubuque, lowa:
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-23,
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 310, LOT 1 OF
M I N LOT 308, LOT 1 & 2 0 F SU B O F 3 O F M I N LOT 305A
LOT 4, LOT 1-1-1-1-1-1-1 OF M W LOT 305A LOT 1-1-1-1
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND
DAM & RIVERLOT 2-4 OF EAGLEPOINTp2, LOT 2-221,LOT
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1,
LOT 1A, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3,
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF
M W ERAL LOT 305A IN SEC.7—T S9N—R3E Eagle Point Park- Environmental , m
Restoration Management Plan „�,,,
Map prepared: February 28, 2017 Exhibit 8 ��y.�.�n.•�.,,�F.�"*.� ���F� .��
�ll� l,�\�"4t—�i. Pre-1800 Vegetation ������O�uvvuen
Applicant Certification: 1 "? • �.1COL0C`"`
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Restoration Project:
Site Development Map
Exhibit 9 Proposed Land Cover
Project Boundary Fh
�EaBle Point Park(108 ec) � '
ElevationContour(2-0inlerval) y �
I
Pm�wsed Lmntl Cover � I �
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Legal description of 164 acres of land owned B1ufl°°"°'�°°"°"°,•��` '
by the City of Dubuque, lowa: `��.ie13Aev�� %
LOT 2-1-2� LOT 1-1-1-1-2-3� LOT 2-1-1-2-3� LOT 2-1-2-3� ��""a"{���������+•��
.,
LOT 1, LOT 2-2-2-3 ALL OF M W ERAL LOT 310, LOT 1 OF T"""o'°" •
MIN LOT 308� LOT 1 &2 OF SUB OF 3 OF MIN LOT 305A `°"°�•o•a">"°
LOT 4, LOT 1-1-1-1-1-1-1 OF M W LOT 305A LOT 1-1-1-1 � Pi.Ya.=�o=y••�
OF 305A EXCEPTTHAT PARTTHAT LIES EASTERLY OF THE �� w.�..�o.w.., �
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND ��„ ,
, �o�. , ..,,.��
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT m .
1-222 & LOTS 223 &224 JULIEN ADD� LOTS 529 THRU _ ewa���am.ea,n
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF '
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1,
LOT 1A, LOT 23-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3,
LOT 2-4, LOT 2-13, LOT 3-1-4, AND LOT 2-1-2-3 ALL OF �
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF •�_���
MINERAL LOT 305A IN SEC.7—T 89N—R3E Eagle Point Park - Environmental ='qP'a p9W'
Restoration Management Plan •-�^M����^��,
• �w�„�,�.,n
Map prepared: February 28, 2017 Exhibit 9 "»"•'""�`"""'°`"�°".""
i
i�!!!���nvrueo
ApplicantCertification: ���u'��`��""'��`"'� ProposedLantlCover � 1�(�E�o��sA�
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Restoration Project:
Site Development Map
Exhibit 10 Cultural ResourcesAvoidance _y�'.:
Project Boundary r� '
" �Ea91e Ponf Park(tOC ac1 , \ ' . .
CWwmlResourteHvuitlaru.'eRating I �-� .
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•
Legal description of 164 acres of land owned . . R�"�g"`"��s
r,���s s,�e���
by the City of Dubuque, lowa: ;-- '` �"
!Paikhmanlly �"
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-23, LOT 2-1-23,
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 31Q LOT 1 OF �',,;� �'
M I N LOT 308, LOT 1 & 2 0 F SU B O F 3 O F M I N LOT 305A `
,�
LOT 4, LOT 1-1-1-1-1-1-1 OF M W LOT 305A LOT 1-1-1-1 �
OF 305A EXCEPTTHAT PARTTHAT LIES EASTERLY OF THE � ���
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND � � _.
DAM & RIVERLOT 2-4 OF EAGLEPOINT ti2, LOT 2-221,LOT • ,
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU � ,�;., z"��� �
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF � � � ' � � .
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, - �p„�p� .
LOT lA, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, � � �"
LOT 2-4, LOT 2-13, LOT 3-1-4, AND LOT 2-1-2-3 ALL OF
M W LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF Eagle Point Park- Environmental °"��'w�w�.
MINERAL LOT 305A IN SEC. 7—T 89N—R3E :,,up;�;�`y;`�.,'i±ms�,
Restoration Management Plan
.tso,o,.,N�e.�»W:�
Map prepared: February 28, 2017 Exhibit 10 "•""":":"-`""""'�°1&1,.:�
I "'�r��'evvueo
ApplicantCertification: ���'1�'�.�`"` ` �-`"� CuIWralResourcesAvoidance :^"',(;sEqVOEs„�
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Eagle Point Park Environmental � �,
Restoration Project: '.
,
Site Development Map ..
Exhibit 11 Recommended Stormwater BMPs
Project Boundary , t� .
i
�EaglePointPaB(1p8ac) , ' r �
� orainageway Row Pam � y • +�
� � Local Watershetl Bountlary � � •
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cm,«�wr�mn�.v�wu�, : � .a a ; � I'1�„ , �
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Legal description of 164 acres of land owned "�'"°""'" �
by the City of Dubuque, lowa: ,
� .�.�,m�..,. + � - � j ,
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-23, LOT 2-1-2-3, """.`�•��"" � �
LOT 1, LOT 2-2-2-3 ALL OF MINERAL LOT 31Q LOT 1 OF "•°"`•"••°"' + � ` I
MIN LOT 308, LOT 1 &2 OF SUB OF 3 OF MIN LOT 305A _ � ^"°°"""°"'�'"" �
Elevfltion Gnntour(2-0 Interva!) �
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 � `�/ ��, _ ■ �
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE � Bo11d�0e � _
RAILROAD TRACK$AND WESTERLY OF THE LOCK AND �moeviuusscrtace : � �� � '
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT ' ��4
ti � �
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU r� �'� V' /� � ', �
:
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF �R �� . ..• � �:� � �,
0��
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, � �'% � j'� '•` . '�
'• .
LOT lA, LOT 23-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, �� `'�_� . �� �.y4 •
LOT 2-4, LOT 2-1-3, LOT 3-1-4, AND LOT 2-1-2-3 ALL OF - ' � �
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF ,.�„,..�.
MWERAL LOT 305A IN SEC. 7—T 89N—R3E Eagle Point Park- Environmental °�Pe�daW�.
Restoration Management Plan - •���Md=�^^���
Map prepared: February 28, 2017 / Exhibit 11 ""''"'�"`:""`°'-""°°'-'°„"-a
Applicant Certification: �������'\�""'''""'-'-'"'� Recommended Stormwa[er Besr Practices :�'"^^7A�P��Eo
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Restoration Project: � K�
Site Development Map `
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Exhibit 12 Prioritized Stormwater BMPs , ,
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ProjectBoundary ����ePp1p"�""o��`� � � �� ,
� Drainefleway Flow Palh �
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Legal description of 164 acres of land owned �tl1e n,�� m . � '��
by the City of Dubuque, lowa:
��Ra.,�. i
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-23, LOT 2-1-2-3, � vmm.N p,.. ♦ ,
LOT 1, LOT 2-2-2-3 ALL OF M W ERAL LOT 31Q LOT 1 OF � �"�����
M W LOT 308, LOT 1 & 2 OF SUB OF 3 OF M W LOT 305A �•��,��•• � � 11
�
LOT 4, LOT 1-1-1-1-1-1-1 OF MW LOT 305A LOT 1-1-1-1 ��'�����•tl�� � / �.. F
OF 305A EXCEPT THAT PARTTHAT LIES EASTERLY OF THE p`°°"�°'°°'"° � • - -
Glwahon Contour(?�X in[crvaq " ' E �
RAILROAD TRACKS AND WESTERLY OF THE LOCK AND � � ..•S�= '
DAM & RIVERLOT 2-4 0F EAGLEPOINT#2� LOT 2-221,LOT o�tierComerctoNativevene�a�ion �1 �,�' " �'��� �j �
1-222 & LOTS 223 &224 JULIEN ADD, LOTS 529 THRU ����id��a :� , r "`. �; •� \�
534 HAMS ADD.� LOTS 2-6� LOT$ 2-1-6 AND PARTS OF impervioussurtace �� �;� � �'•�• �
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1, � y �� a�:� �
LOT lA, LOT 2-3-2, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3, �: .A :�
LOT 2-4, LOT 2-1-3, LOT 3-1-4,AND LOT 2-1-2-3 ALL OF — � A� � �
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF ,<o,,,,,
M W ERAL LOT 305A W SEC.7—T 89N—R3E Eagle Point Park- Environmental °�I�ada;�e
Restoration Management Plan .���P•„,�Md��ro,��
Map prepared: February 28, 20ll Exhibit 12 """":�b�a°°'-"�°"""'°-�°",'.�
( � ���'�.
A licant Certification: ����`��1�'-`=�"�""�`"'� Priori[ization of 5[ormwater Best Practices ��"�7A�=��Eo
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Eagle Point Park Environmental
Restoration Project:
Site Development Map
Exhibit 13 Management Units
MU�2
— Project Boundary M���
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Legal description of 164 acres of land owned ,,,,.,.,F,
by the City of Dubuque, lowa: „.,,,_,
LOT 2-1-2, LOT 1-1-1-1-2-3, LOT 2-1-1-2-3, LOT 2-1-2-3,
LOT 1, LOT 2-2-23 ALL OF MINERAL LOT 310, LOT 1 OF
M I N LOT 308, LOT 1 &2 O F SU B O F 3 O F M I N LOT 305A
LOT 4, LOT 1-1-1-1-1-1-1 OF MIN LOT 305A LOT 1-1-1-1 mu�a
OF 305A EXCEPT THAT PART THAT LIES EASTERLY OF THE nau-a
RAILROAD TRACKS AND W ESTERLY OF THE LOCK AND
DAM & RIVERLOT 2-4 OF EAGLEPOINT#2, LOT 2-221,LOT
1-222 & LOTS 223 & 224 JULIEN ADD, LOTS 529 THRU
534 HAMS ADD., LOTS 2-6, LOTS 2-1-6 AND PARTS OF
LOTS 107 TO 124 ALL IN FOUNTAIN HILL RESUB. LOT 1,
LOT 1A, LOT 2-32, LOT 2-1-4, LOT 2-6, LOT 7, LOT 2-2-3,
LOT 2-4, LOT 2-1-3, LOT 3-1-4, AND LOT 2-1-2-3 ALL OF
MIN LOT 312, LOT 2-1 BLK 3 ORCHARD HILLS LOT 2-2 OF a„�„.„�.
MINERAL LOT 305A IN SEC. 7—T 89N—R3E Eagle Point Park - Environmental _Na,�a�,w
Restoration Management Plan ��M."'����t5,
o���� ,e.o��
r�ie��.�,�.�o.�wn�v_ �,..,
Map prepared: February 28, 2017 Exhibit 13
;�G.u.'\G�u.�i,� Ecological Management Units :""""^j"°1°`0
ApplicantCertification: y �f�F�o�o��cn�
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Q,�MENT�F Th United States Department of the Interior
P F
O. Z'�
�; ,-D National Park Service
� �_'�° Midwest Region
\� , _
601 Riverfront Drive
�- _
���3.+8,9� Omaha Nebraska 68102-4226
19-01320 (MWR-LCPP/G)
March 1, 2018
Ms. Kathleen Moench
Executive Officer
Department of Natural Resources
Wallace State Office Building
East Ninth Street and Grand Avenue
Des Moines, Iowa 50319
Dear Ms. Moench:
Land and Water Conservation Fund grant 19-01320, Eagle Point Park Environmental
Restoratio�x Management Plan has been approved. A copy of the new project agreement is
enclosed and has been signed by the National Park Service. Please sign the last page, scan and
email the signature page back to me. Also provided is an executed copy of the environmental
certification.
The National Park Service has determined that there will be no adverse effects and the integrity
of the cultural resources within the proposed project site will not be compromised by the
undertaking when the conditions listed below are met:
1. If ground disturbance is planned around site 13DB1 as identified in the 2015 Wapsi
Valley Archaeology Phase I Intensive Archaeological Survey of E�g1e Point Park, a
Secretary of the Interior-qua�ified professional archeologist must monitor the work to
ensure no human remains are disturbed. �
2. An archaeological monitor must be on sit� for any ground disturbing activities that take
place on areas that are not already demonstrably disturbed. We recommPnd avoidance of
the following areas: 1) Areas identified in Exhibit 10 of the Eagle Point Parlt T
Environmental Restoratzon Project: Site development Maps with high avoidance ratings �
and; 2) the eleven sites identified in figure 2 of the 2015 Wapsi Valley Archaeology '
Phase I Intensive Archaeological Survey of Eagle Point Park.
3. Airy tree r�moval requires a fltzsh cut and the root balls remain intact.
4. Should any culturai, historical, or paleontological resources be exposed as part of
proposed project activities, th.e National Park Service must be notified immediately in I
accordance with the Protection of Historic Properties regulations af the Advisory Council
on Historic Preservation [36 CFR Part 800.13(b)]. If human remains are accidentally
discovered, Iowa burial law �Code of Iowa, Sections 263B, 523I316, and 716.5; IAC i
685, Ch.l l.l] requires thz�t all work in the vicinity of the finding l�e halted, the remains
RECEIV �+'D
, MAR S 2 2018
�
i �
protected, local law enforcement officials notified, and the Burials Program Director at
the OSA contacted immediately (319-384-0740).
FBMS number P 18AP00095 � � j
Total federal share $175,000.00
The accounting lines for this grant are as follows:
10 LWCF 2017 $175,000.00
The period of performance is: �
March 1, 2018 through December 31, 2020
Sincerely,
,�iy��
Matt Whitlow
Program Officer I
Enclosures 2 �
cc: Jennifer Nelson, Chief,Budget and Finance Bureau, Iowa Department of Natural Resources,
502 East Ninth Street, Des Moines, IA 50319
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LWCF Grant Agreement P18AP00095 / 19-01320
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Page 1 of 28
Grant A�reement
P18AP00095 / 19-01320
Between
THE UNITED STATES DEPARTMENT OF INTERIOR
NATIONAL PARK SERVICE
AND
IOWA DEPARTMENT OF NATURAL RESOURCES
DUNS No.: 010272532
502 East Ninth Street
Des Moines, IA 50319
Polk County
CFDA: 15916
Pro1ect Title: Eagle Point Park Environmental Restoration Management Plan
Amount of Federal Funds Obligated: $175,000.00
Total Amount of Award: $404,000.00
Period of Performance: March l, 2018 —December 31, 2020
This Grant Agreement (Agreement) is entered into by the U.S. Department of the
Interior,National Park Service(NPS), and Iowa Department of Natural Resources
(Recipient).
ARTICLE I —BACKGROUND AND OBJECTIVES
The obj ective of this Agreement is to assist the The City of Dubuque,through the Iowa
Department ofNatural Resources. This project makes significant environmental
improvements to Eagle Point Park with the rehabilitation of land that has had recreational
use impacts for over 100 years. The Environmental Restoration Management Plan
includes:
• Infrastructure repair and replacement relative to erosion and runoff
• Restoration of native habitat through removal of invasive species, prescribed burns and
planting native species _ _ _ _ _ _ _ _ _ — —
• Soil quality restoration to facilitate enhanced storm water drainage and native plant
communities
Eagle Point Park is mostly a passive park. These improvements will provide short and
long-term public benefits, positively impacting visitors' opportunities for passive outdoor
recreation, including: walking, hiking, bird-watching, photography,picnicking, etc..
ARTICLE II—AUTHORITY
NPS enters into this Agreement pursuant to the Land and Water Conservation Fund Act
of 1965 (P.L. 88-578) as codified at 54 USC §200305.
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ARTICLE III—STATEMENT OF WORK
A. The Recipient agrees to:
1. Management unit one:
a. Convert 1.14 acres of turf to prairie
2. Management unit two, stormwater areas H & I:
a. Reroute runoff to basin in area one and retrofit basin
b. Convert 1.4 acres of turf to prairie
c. Convert 1.52 acres of woodland with turf to woodland with native j
vegetation
3. Management unit three: I
a. Stormwater areas C & D: Create infiltration area, stabilize headcut, I
retrofit existing basin �
b. Convert 1.04 acres of bluff woodland and forest to bluff
prairie/savanna
4. Management unit four:
a. Convert 3.81 acres of bluff woodland and forest to bluff
prairie/savanna
5. Outside identified management units:
a. Perform soil quality restoration on 17 acres
6. Install signage indicating funding source
B. No substantial involvement on the part of the NPS is anticipated for the successful
completion of the statement of work detailed in this award. It is anticipated that
involvement will be limited to actions related to monitoring project performance,
and technical assistance at the request of the recipient.
ARTICLE IV—TERM OF AGREEMENT
The Agreement is effective on March 1, 2018 (Effective Date) through December 31,
2020 (Expiration Date), unless terminated earlier per Article XIV and XVI. The period
from the Effective Date to the Expiration Date is the period of performance for the
Agreement (Agreement Term). _ _ _ _ _ _ T
ARTICLE V— SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT
The National Park Service has determined that there will be no adverse effects and the
integrity of the cultural resources within the proposed project site will not be
compromised by the undertaking when the conditions listed below are met:
1. If ground disturbance is planned around site 13DB1 as identified in the 2015
Wapsi Valley Archaeology Phase I Intensive Archaeological Survey of Eagle
Point Park, a Secretary of the Interior-qualified professional archeologist must
monitor the work to ensure no human remains are disturbed.
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2. An archaeological monitor must be on site for any ground disturbing activities
that take place on areas that are not already demonstrably disturbed. We
recommend avoidance of the following areas: 1) Areas identified in Exhibit 10 of
the Eagle Point Park Environmental Restoration Project: Site development Maps
with high avoidance ratings and; 2)the eleven sites identified in figure 2 of the
2015 Wapsi Valley Archaeology Phase I Intensive Archaeological Survey of
Eagle Point Park.
3. Any tree removal requires a flush cut and the root balls remain intact.
4. Should any cultural, historical, or paleontological resources be exposed as part of
proposed project activities, the National Park Service must be notified
immediately in accordance with the Protection of Historic Properties regulations
of the Advisory Council on Historic Preservation [36 CFR Part 800.13(b)]. If
human remains are accidentally discovered, Iowa burial law [Code of Iowa,
Sections 263B, 523L316, and 716.5; IAC 685, Ch.l l.l] requires that all work in
the vicinity of the finding be halted, the remains protected, local law enforcement
officials notified, and the Burials Program Director at the OSA contacted
immediately (319-384-0740).
ARTICLE VI—PRE-AWARD INCURRENCE OF COSTS
Not Applicable.
ARTICLE VII—KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communications
between the parties and the work being performed. They are:
1. For the NPS:
Awarding Officer(AO):
Kelly Pearce
National Park Service
- — — — �ate and-�cal�ssistance Programs
Midwest Region, Legislation, Communications, Compliance, Planning and
Partnerships Division
601 Riverfront Drive
Omaha,NE 68102
(402) 661-1552
kelly�earce@nps.gov
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Program Officer:
Matt Whitlow
National Park Service
State and Local Assistance Programs
Midwest Region, Legislation, Communications, Compliance, Planning and
Partnerships Division
601 Riverfront Drive
Omaha,NE 68102
(402) 661-1572
matthew whitlow@nps.gov
2. For the Recipient:
Mr. Chuck Gipp, Director
State Liaison Officer
Iowa Department of Natural Resources
502 East Ninth Street
Des Moines, IA 50319
(515) 725-8282
chuck.gipp@dnr,iowa.gov
Ms. Jennifer Nelson, Chief, Budget and Finance Bureau
Alternate State Liaison Officer
Iowa Department of Natural Resources
502 East Ninth Street �
Des Moines, IA 50319 I
(515) 725-8220
j ennifer.nelson@dnr,iowa.gov
B. Communications. Recipient shall address any communication regarding this
Agreement to the Program Officer with a copy to the AO. Communications that
relate solely to technical matters may be sent only to the Program Officer. _ _ _
ARTICLE VIII—AWARD AND PAYMENT
A. NPS will provide funding to the Recipient in an amount not to exceed
$175,000.00 for the Statement of Work described in Article III and in accordance
with the Applicant's submitted SF-424C and Budget Narrative, which the NPS
has approved and is incorporating by reference.
B. Recipient shall request payment in accordance with the following:
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1. Method of Payment. Under most circumstances, payments on grants will be
handled on a reimbursement basis. Sponsors seeking a cash advance for a
project must first make a request to the AO for an exception.
2. Requesting Reimbursement. Requests for reimbursements must be
submitted via the Department of Treasury's Automated Standard Application
for Payments (ASAP). Requests for reimbursement should coincide with
normal billing patterns. Each request must be limited to the amount of
disbursements made for the Federal share of direct project costs and the
proportionate share of allowable indirect costs incurred during that billing
period.
3. Adjusting Payment Requests for Available Cash. Funds that are available
from repayments to, and interest earned on, a revolving fund, program
income, rebates, refunds, contract settlements, audit recoveries, credits,
discounts, and interest earned on any of those funds must be disbursed before
requesting additional cash payments.
4. Bank Accounts. All payments are made through electronic funds transfer to
the bank account identified in the ASAP system by the FA Recipient.
5. Supporting Documents and Agency Approval of Payments. Additional
supporting documentation and prior NPS approval of payments may be
required when/if a FA Recipient is determined to be "high risk" or has
performance issues. If prior Agency payment approval is in effect for an
award, the ASAP system will notify the FA Recipient when they submit a
request for payment. The Recipient must then notify the NPS AO that a
payment request has been submitted. The NPS AO may request additional
information from the Recipient to support the payment request prior to
approving the release of funds, as deemed necessary. The FA Recipient is
required to comply with these requests. Supporting documents may include
invoices, copies of contracts, vendor quotes, and other expenditure
explanations that justify the reimbursement requests. _ _ _ _ _ _ _ _
C. In order to receive a financial assistance award and to ensure proper payment, it is
required that Recipient maintain their registration with the System for Award
Management (SAM), accessed at http://www.sam.gov. Failure to maintain
registration can impact obligations and payments under this Agreement and/or
any other financial assistance or procurements documents the Recipient may have
with the Federal government.
D. Allowable and Eligible Costs. Expenses charged against awards under the
Agreement may not be incurred prior to the beginning of the Agreement unless
specifically approved as a pre-award cost or with prior approval from the NPS
AO via a Waiver of Retroactivity, and may be incurred only as necessary to carry
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out the approved objectives, scope of work, and budget of the project. The
Recipient shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date
stipulated in the award.
E. Travel Costs.
Not Applicable.
F. Indirect Costs. Indirect costs will not be allowable charges against the award
unless a copy of the approved negotiated indirect cost rate has been submitted
with the application and costs are specifically included as a line item in the
approved budget incorporated into the award.
G. Recipient Cost Share or Match. Any non-Federal share, whether in cash or in-
kind, is expected to be paid out at the same general rate as the Federal share.
Exceptions to this requirement may be granted by the AO based on sufficient _
documentation demonstrating previously determined plans for or later
commitment of cash or in—kind contributions. In any case, the Recipient must
meet their cost share commitment over the life of the award.
ARTICLE IX— COST-SHARING REQUIREMENT
At least 56.7%non-Federal cost-share is required for costs incurred under this I
Agreement.
ARTICLE X—APPROVED INDIRECT RATE
Not Applicable.
ARTICLE XI—PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions in accordance _
— - — with��FR�00�d8.— -- — - — -- — — - — —
ARTICLE XII—REPORTS AND/OR DELIVERABLES
A. Specific projects, tasks or activities for which funds are reimbursed will be
tracked and reported by annual submission of a SF-425 Federal Financial Report
(FFR) and annual submission of a Performance Report. A final SF-425 and
Performance Report shall be submitted at the completion of the Agreement. The
following reporting period end date shall be used for interim reports: March 31.
For final the SF-425 and Performance Report, the reporting period end date shall
be the end date of the agreement. Annual and final reports shall be submitted no
later than 90 days after project is completed or the grant end period date,
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whichever comes first. All reports shall be submitted via email to the NPS
Program Officer with a copy to the AO.
B. The Secretary of the Interior and the Comptroller General of the United States, or
their duly authorized representatives, will have access, for the purpose of financial
or programmatic review and examination,to any books, documents, papers, and
records that are pertinent to the Agreement at all reasonable times during the
period of retention in accordance with 2 CFR 200333.
ARTICLE XIII—REPORTING OF MATTERS RELATED TO RECIPIENT
INTEGRITY AND PERFORMANCE
Not Applicable.
ARTICLE XIV—MODIFICATION, REMEDIES FOR NONCOMPLIANCE,
TERMINATION
A. This Agreement may be modified only by a written instrument executed by the
parties. Modifications will be requested in writing and approved by the NPS AO
and the aut�iorized representative of Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the
Recipient is non-compliant to the terms and conditions of this agreement.
Remedies for Noncompliance can be found in 2 CFR 200.338 and the LWCF
Assistance Manual (https://www.nps.gov/subjects/lwcf/upload/lwcf manual.pd�.
C. This Agreement may be terminated consistent with applicable termination
provisions for Agreements found in2 CFR 200.339 through 200.342 and the
LWCF Assistance Manual.
ARTICLE XV— GENERAL AND SPECIAL PROVISIONS
A. General Provisions
— — 1. O1VI�Circulars and Other Regulations. The following Federal regulations are
incorporated by reference into this Agreement (full text can be found at
http://www.e c fr.g o v:
a) Administrative Requirements:
2 CFR Part 200— Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, in its entirety;
b) Determination of Allowable Costs:
2 CFR Part 200— Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, Subpart E; and
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c) Audit Requirements:
2 CFR Part 200 —Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, Subpart F.
d) Code of Federal Regulations/Regulatory Requirements:
2 CFR Part 182 & 1401, "Government—wide Requirements for a Drug—
Free Workplace";
2 CFR 180 & 1400, "Non—Procurement Debarment and Suspension",
previously located at 43 CFR Part 42, "Governmentwide Debarment and
Suspension (NonProcurement)";
43 CFR 18, "New Restrictions on Lobbying";
2 CFR Part 175, "Trafficking Victims Protection Act of 2000";
FAR Clause 52.203-12, Paragraphs (a) and(b), Limitation on Payments
to Influence Certain Federal Transactions; �
2 CFR Part 25, System for Award Management (www.SAM.gov) and
Data Universal Numbering System (DUNS); and
2 CFR Part 170, "Reporting Subawards and Executive Compensation". I
2. Non—Discrimination. All activities pursuant to this Agreement shall be in
compliance with the requirements of Executive Order 11246, as amended;
Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C.
§§2000d et se�c.); Title V, Section 504 of the Rehabilitation Act of 1973, as
amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975
(89 Stat. 728; 42 U.S.C. §§6101 et sec�.); and with all other federal laws and
regulations prohibiting discrimination on grounds of race, color, sexual _ _ _ _
— - - — — orientafion,nationa�origin, disabilities, religion, age, or sex.
3. Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated
Moneys, as amended by Public Law 107-273, Nov. 2, 2002—No part of the
money appropriated by any enactment of Congress shall, in the absence of
express authorization by Congress,be used directly or indirectly to pay for
any personal service, advertisement, telegram, telephone, letter,printed or
written matter, or other device, intended or designed to influence in any
manner a Member of Congress, a jurisdiction, or an official of any
government,to favor, adopt, or oppose, by vote or otherwise, any legislation,
law,ratification,policy, or appropriation, whether before or after the
introduction of any bill, measure, or resolution proposing such legislation,
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law, ratification, policy, or appropriation; but this shall not prevent officers or
employees of the United States or of its departments or agencies from
communicating to any such Members or official, at his request, or to Congress I
or such official, through the proper official channels, requests for legislation, �
law, ratification,policy, or appropriations which they deem necessary for the
efficient conduct of the public business, or from making any communication
whose prohibition by this section might, in the opinion of the Attorney
General, violate the Constitution or interfere with the conduct of foreign
policy, counter—intelligence, intelligence, or national security activities.
Violations of this section shall constitute violations of section 1352(a) of title
31. In addition to the above, the related restrictions on the use of appropriated
funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008 (P.L.
110-161) also apply.
4. Anti—Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this
Agreement shall be construed as binding the NPS to expend in any one fiscal
year any sum in excess of appropriations made by Congress, for the purposes
of this Agreement for that fiscal year, or other obligation for the further
expenditure of money in excess of such appropriations.
5. Business Enterprise Development. Pursuant to Executive Order 12432 it is
national policy to award a fair share of contracts to small and minority firms.
NPS is strongly committed to the objectives of this policy and encourages all
recipients of its Cooperative Agreements to take affirmative steps to ensure
such fairness by ensuring procurement procedures are carried out in
accordance with the Executive Order.
6. Assignment. No part of this Agreement shall be assigned to any other party
without prior written approval of the NPS and the Assignee.
7. Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress
shall be admitted to any share or part of any contract or agreement made,
entered into, or adopted by or on behalf of the United States, or to any benefit_ _ _ _ _
- - — - to arise thereupon.
8. Agency. The Recipient is not an agent or representative of the United States,
the Department of the Interior,NPS, or the Park, nor will the Recipient
represent its self as such to third parties. NPS employees are not agents of the
Recipient and will not act on behalf of the Recipient.
9. Non—Exclusive Agreement. This Agreement in no way restricts the Recipient
or NPS from entering into similar agreements, or participating in similar
activities or arrangements, with other public or private agencies,
organizations, or individuals.
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10. Survival. Any and all provisions which, by themselves or their nature, are
reasonably expected to be performed after the expiration or termination of this
Agreement shall survive and be enforceable after the expiration or termination
of this Agreement. Any and all liabilities, actual or contingent, which have
arisen during the term of and in connection with this Agreement shall survive
expiration or termination of this Agreement.
11. Partial Invalidity. If any provision of this Agreement or the application
thereof to any party or circumstance shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement or the application of such
provision to the parties or circumstances other than those to which it is held
invalid or unenforceable, shall not be affected thereby and each provision of
this Agreement shall be valid and be enforced to the fullest extent permitted
by law.
12. Captions and Headings. The captions, headings, article numbers and
paragraph numbers appearing in this Agreement are inserted only as a matter
of convenience and in no way shall be construed as defining or limiting the
scope or intent of the provision of this Agreement nor in any way affecting
this Agreement.
13. No Employment Relationship. This Agreement is not intended to and shall
not be construed to create an employment relationship between NPS and
Recipient or its representatives. No representative of Recipient shall perform
any function or make any decision properly reserved by law or policy to the
Federal government.
14. No Third-Party Rights. This Agreement creates enforceable obligations
between only NPS and Recipient. Except as expressly provided herein, it is
not intended nor shall it be construed to create any right of enforcement by or
any duties or obligation in favor of persons or entities not a party to this
Agreement.
- - - - - - 15.Foreign Travel.The Recipient shall comply with the provisions of the Fly
America Act(49 U.S.C. 40118). The implanting regulations of the Fly
America Act are found at 41 CFR 301-10.131 through 301-10.143.
B) Special Provisions
1) Public Information and Endorsements
a) Recipient shall not publicize or otherwise circulate promotional material
(such as advertisements, sales brochures, press releases, speeches, still and
motion pictures, articles, manuscripts or other publications) which states
or implies governmental, Departmental, bureau, or government employee
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LWCF Grant Agreement P 18AP00095 / 19-01320
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endorsement of a business, product, service, or position which the
Recipient represents. No release of information relating to this award may
state or imply that the Government approves of the Recipient's work
products, or considers the Recipient's work product to be superior to other
products or services.
b) All information submitted for publication or other public releases of �,
information regarding this project shall carry the following disclaimer. 'i
c) The views and conclusions contained in this document are those of the
authors and should not be interpreted as representing the opinions or
policies of the U.S. Govemment. Mention of trade names or commercial
products does not constitute their endorsement by the U.S. Government.
d) Recipient must obtain prior Government approval for any public
information releases concerning this award which refer to the Department
of the Interior or any bureau or employee (by name or title). The specific
text, layout photographs, etc. of the proposed release must be submitted
with the request for approval.
e) Recipient further agrees to include this provision in a subaward to a
subrecipient, except for a subaward to a State government, a local
government, or to a federally recognized Indian tribal government.
2) Publications of Results of Studies.No party will unilaterally publish a joint
publication without consulting the other party. This restriction does not apply
to popular publications of previously published technical matter. Publications
pursuant to this Agreement may be produced independently or in
collaboration with others; however, in all cases proper credit will be given to
the efforts of those parties contribution to the publication. In the event no
agreement is reached concerning the manner of publication or interpretation of
results, either party may publish data after due notice and submission of the
proposed manuscripts to the other. In such instances, the party�ublishing the _ _
- data will give due credit to the cooperation but assume full responsibility for
any statements on which there is a difference of opinion.
3) Rights in Data. The Recipient must grant the United States of America a
royalty—free, non—exclusive and irrevocable license to publish, reproduce and
use, and dispose of in any manner and for any purpose without limitation, and
to authorize or ratify publication, reproduction or use by others, of all
copyrightable material first produced or composed under this Agreement by
the Recipient, its employees or any individual or concern specifically
employed or assigned to originate and prepare such material.
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4) Retention and Access Requirements for Records. All Recipient financial
and programmatic records, supporting documents, statistical records, and �
other grants—related records shall be maintained and available for access in
accordance with 2 CFR Part 200.333-200.337. With respect to 2 CFR
200.333(c), "final disposition" as it relates to real property acquired or
developed with LWCF funds is considered to mean once the property is
approved for conversion (i.e., as long as there is an LWCF interest in a
property the records for it must be maintained).
5) Audit Requirements
a) Non—Federal entities that expend$750,000 or more during a year in
Federal awards shall have a single or program—specific audit conducted
for that year in accordance with the Single Audit Act Amendments of
1996 (31 U.S.C. 7501-7507) and2 CFR Part 200, Subpart F , which is
available at http://www.ecfr.�ov/c�i—bin/text—
idx?SID=fd6463a517ceea3fa13e665e525051 f4&node=sp2.1.200.f&rgn=d
iv6
b) Non—Federal entities that expend less than $750,000 for a fiscal year in
Federal awards are exempt from Federal audit requirements for that year,
but records must be available for review or audit by appropriate officials
of the Federal agency, pass—through entity, and General Accounting
Office (GAO).
c) Audits shall be made by an independent auditor in accordance with
generally accepted government auditing standards covering financial
audits. Additional audit requirements applicable to this agreement are
found at 2 CFR Part 200, Subpart F, as applicable. Additional information
on single audits is available from the Federal Audit Clearinghouse at
htt�://harvester.census.gov/sac/ .
6) Procurement Procedures. It is a national policy to place a fair share of
purchases with minority business firms. The D�artment of the Interior is _ _ _ _
strongly committed to the objectives of this policy and encourages all
recipients of its grants and cooperative agreements to take affirmative steps to
ensure such fairness. Positive efforts shall be made by recipients to utilize
small businesses, minority—owned firms, and women's business enterprises,
whenever possible. Recipients of Federal awards shall take all of the
following steps to further this goal:
a) Ensure that small businesses, minority—owned firms, and women's
business enterprises are used to the f'ullest extent practicable.
b) Make information on forthcoming opportunities available and arrange
time frames for purchases and contracts to encourage and facilitate
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participation by small businesses, minority—owned firms, and women's
business enterprises. I
c) Consider in the contract process whether firms competing for larger '
contracts intend to subcontract with small businesses, minority—owned I,
firms, and women's business enterprises.
d) Encourage contracting with consortiums of small businesses, minority—
owned firms and women's business enterprises when a contract is too large
for one of these firms to handle individually.
e) Use the services and assistance, as appropriate, of such organizations as �
the Small Business Development Agency in the solicitation and utilization
of small business, minority—owned firms and women's business
enterprises.
7) Prohibition on Text Messaging and Using Electronic Equipment Supplied
by the Government while Driving. Executive Order 13513, Federal
Leadership On Reducing Text Messaging While Driving, was signed by
President Barack Obama on October 1, 2009. This Executive Order introduces
a Federal Government—wide prohibition on the use of text messaging while
driving on official business or while using Government—supplied equipment.
Additional guidance enforcing the ban will be issued at a later date. In the
meantime, please adopt and enforce policies that immediately ban text
messaging while driving company—owned or—rented vehicles, government—
owned or leased vehicles, or while driving privately owned vehicles when on '
official government business or when performing any work for or on behalf of
the government.
8) Seat Belt Provision. The Recipient is encouraged to adopt and enforce on—
the job seat belt use policies and programs for their employees when
operating company�wned, rented, or personally owned vehicles. These :
measures include, but are not limited to, conducting education, awareness, and__ _ _ �
other appropriate programs for their employees about the importance of
wearing seat belts and the consequences of not wearing them.
9) Trafficking in Persons. This term of award is pursuant to paragraph(g) of
Section 106 of the Trafficking Victims Protections Act of 2000, as amended
(2 CFR §175.15).
a) Provisions applicable to a recipient that is a private entity.
1. You as the Recipient, your employees, subrecipients under this
award, and subrecipients' employees may not—
LWCF Grant Agreement P18AP00095 / 19-01320
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i. Engage in severe forms of trafficking in persons during the ,
period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the
award is in effect; or
iii. Use forced labor in the performance of the award or subawards
under the award.
2. We as the Federal awarding agency may unilaterally terminate this
award, without penalty, if you or a subrecipient that is a private
entity— ,
i. Is determined to have violated a prohibition in paragraph a.l of
this award term; or '
ii. Has an employee who is determined by the agency official
authorized to terminate the award to have violated a prohibition
in paragraph a.l of this award term through conduct that is
either:
a. Associated with performance under this award: or
b. Imputed to you or the subrecipient using the standards and '
due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180,"OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension(NonProcurement)," as implemented by our '
agency at 2 CFR part 1400.
b) Provision applicable to a recipient other than a private entity. We as the
Federal awarding agency may unilaterally terminate this award, without
penalty, if a subrecipient that is a private entity _
1. Is determined to have violated an applicable prohibition in paragraph
a.l of this award term;or
2. Has an employee who is determined by the agency official
authorized to terminate the award to have violated an applicable
prohibition in paragraph a.l of this award term through conduct that
is either:
i. Associated with performance under this award; or
LWCF Grant Agreement P18AP00095 / 19-01320
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ii. Imputed to the subrecipient using the standards and due process ,
for imputing the conduct of an individual to an organization that
are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension
(NonProcurement)," as implemented by our agency at 2 CFR
part 1400.
c) Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive
from any source alleging a violation of a prohibition in paragraph a.l
o f this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2
or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection
Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are
available to us under this award. '
3. You must include the requirements of paragraph a.l of this award
term in any subaward you make to a private entity.
d) Definitions. For purposes of this award term:
1. "Employee"means either:
i. An individual employed by you or a subrecipient who is engaged
in the performance of the proj ect or program under this awards;
or
ii. Another person engaged in the performance of the project or
program under this award and not compensated by you
including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in—kind
contribution toward cost sharing or matching requirements.
2. "Forced labor"means labor obtained by any of the following
methods: The recruitment, harboring, transportation,provision, or
obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subj ection to involuntary
servitude, peonage, debt bondage, or slavery.
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3. "Private entity"means:
i. Any entity other than a State, local government,Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25;
and
ii. Includes:
a. A nonprofit organization, including any nonprofit institution
of higher education, hospital, or tribal organization other than
one included in the definition of Indian tribe at 2 CFR
175.25(b).
b. A for-profit organization.
4. "Severe forms of trafficking in persons,""commercial sex act," and
"coercion"have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. 7102).
10) Recipient Employee Whistleblower Rights and Requirement to
Inform Employees of Whistleblower Rights
a. This award and employees working on this financial assistance
agreement will be subject to the whistleblower rights and remedies in
the pilot program on Award Recipient employee whistleblower
protections established at 41 U.S.C. 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-
239).
b. The Award Recipient shall inform its employees in writing, in the
predominant language of the workforce, of employee whistleblower
rights and protections under 41 U.S.C. 4712.
- - - c. �`he Awar�c �cipient shall insert the substance of this clause, including
this paragraph (c), in all subawards or subcontracts over the simplified
acquisition threshold, 42 CFR § 52.203-17 (as referenced in 42 CFR §
3.908-9).
11) Reporting Subawards And Executive Compensation
a) Reporting of first-tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph D. of
this award term, you must report each action that obligates $25,000
or more in Federal funds that does not include Recovery Act funds
LWCF Grant Agreement P18AP00095 / 19-01320
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(as defined in section 1512(a)(2) of the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an
entity (see definitions in paragraph E. of this award term).
2. Where and when to report. '
i. You must report each obligating action described in paragraph
A.1. of this award term to http://www.fsrs.�ov. '
ii. For subaward information, report no later than the end of the ,
month following the month in which the obligation was made.
(For example, if the obligation was made on November 7, 2010,
the obligation must be reported by no later than December 31,
2010.)
3. What to report. You must report the information about each
obligating action that the submission instructions posted at
http://www.fsrs.�ov_specify.
b) Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation
for each of your five most highly compensated executives for the '
preceding completed fiscal year, if—
i. The total Federal funding authorized to date under this award is
$25,000 or more;
ii. In the preceding fiscal year, you received—
a. 80 percent or more of your annual gross revenues from
Federal procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts(and subcontracts) and Federal ,
financial assistance subject to the Transparency Act, as
defined at 2 CFR 170320 (and subawards); and
iii. The public does not have access to information about the
compensation of the executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal ,
Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and
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LWCF Grant Agreement P18AP00095 / 19-01320
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Exchange Commission total compensation filings at � i
http://www.sec.�ov/answers/execomp.htm.) I i
2. Where and when to report. You must report executive total
II
compensation described in para�raph A.1. of this award term:
i. As part of your registration profile at https://www.sam. o�v. �, ;
ii. By the end of the month following the month in which this award I �
is made, and annually thereafter.
�I
c) Reporting of Total Compensation of Subrecipient Executives. I
1. Applicability and what to report. Unless you are exempt as provided
in paragraph D. of this award term, for each first—tier subrecipient '
under this award, you shall report the names and total compensation �
of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year,
if—
i. In the subrecipient's preceding fiscal year, the subrecipient
received— '
a. 80 percent or more of its annual gross revenues from Federal '
procurement contracts (and subcontracts) and Federal �
financial assistance subject to the Transparency Act, as '
defined at 2 CFR 170.320 (and subawards); and '
b. $25,000,000 or more in annual gross revenues from Federal �i
procurement contracts (and subcontracts), and Federal '
financial assistance subject to the Transparency Act (and �
subawards); and ��
I
ii. The public does not have access to information about the _ _ __
— — — — - — — — —compensation o�the executives through periodic reports filed
under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.�ov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive
total compensation described in paragraph c.l. of this award term:
i. To the recipient.
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LWCF Grant Agreement P 18AP00095 / 19-01320
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ii. By the end of the month following the month during which you I�
make the subaward. For example, if a subaward is obligated on
any date during the month of October of a given year (i.e.,
between October 1 and 31),you must report any required
compensation information of the subrecipient by November 30
of that year.
d) Exemptions.
1. If, in the previous tax year, you had gross income, from all sources,
under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated
executives of any subrecipient.
e) Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local
government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for—profit organization;
v. A Federal agency, but only as a subrecipient under an award or
subaward to a non—Federal entity.
2. Executive means officers, managing partners, or an,�other _ _ I
— employees in management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program
for which you received this award and that you as the recipient
award to an eligible subrecipient. ,
ii. The term includes your procurement of property and services
needed to carry out the project or program. The term does not
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LWCF Grant Agreement P18AP00095 / 19-01320
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include procurement of incidental property and services needed
to carry out the award project or program.
iii. A subaward may be provided through any legal agreement,
including an agreement that you or a subrecipient considers a
contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award;
and
ii. Is accountable to you for the use of the Federal funds provided
by the subaward.
5. Total compensation means the cash and noncash dollar value earned
by the executive during the recipient's or subrecipient's preceding
fiscal year and includes the following (for more information see 17
CFR 229.402(c)(2)):
i. Salary and bonus.
�
ii. Awards of stock, stock options, and stock appreciation rights. ;
Use the dollar amount recognized for financial statement I�
reporting purposes with respect to the fiscal year in accordance
with the Statement of Financial Accounting Standards No. 123
(Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This
does not include group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of _ _
- - - - - - -de�ned�enefif and actuarial pension plans.
v. Above-market earnings on deferred compensation which is not
tax-qualified.
vi. Other compensation, if the aggregate value of all such other i
compensation (e.g. severance, termination payments, value of �
I
life insurance paid on behalf of the employee, perquisites or �
property) for the executive exceeds $10,000. �I�
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12) Conflict of Interest
a) The Recipient must establish safeguards to prohibit its employees and ' '
Sub—recipients from using their positions for purposes that constitute or '
present the appearance of a personal or organizational conflict of interest. '
The Recipient is responsible for notifying the Awarding Officer in writing
of any actual or potential conflicts of interest that may arise during the life '
of this award. Conflicts of interest include any relationship or matter '
which might place the Recipient or its employees in a position of conflict,
real or apparent, between their responsibilities under the agreement and
any other outside interests. Conflicts of interest may also include, but are
not limited to, direct or indirect financial interests, close personal
relationships,positions of trust in outside organizations, consideration of
future employment arrangements with a different organization, or
decision—making affecting the award that would cause a reasonable person
with knowledge of the relevant facts to question the impartiality of the
Recipient and/or Recipient's employees and Sub—recipients in the matter.
b) The Awarding Officer and the servicing Ethics Counselor will
determine if a conflict of interest exists. If a conflict of interest exists, the
Awarding Officer will determine whether a mitigation plan is feasible.
Mitigation plans must be approved by the Awarding Officer in writing.
c) Failure to resolve conflicts of interest in a manner that satisfies the
government may be cause for termination of the award. Failure to make
required disclosures may result in any of the remedies described in 2 CFR '
§ 200338, Remedies/or Noncompliance, including suspension or '
debarment (see also 2 CFR Part 180).
ARTICLE XVI—LWCF PROVISIONS
Part I —Def initions
A. Tlie term"NPS"or"Service" as used herein means the National Park Service, United
States Department of the Interior.
B. The term "Director" as used herein means the Director of the National Park Service,
or any representative lawfully delegated the authority to act for such Director.
C. The term "Manual" as used herein means the Land and Water Conservation Fund
State Assistance Program ManuaL
D. The term "project" as used herein means a Land and Water Conservation Fund grant,
which is subject to the project agreement and/or its subsequent amendments. '
_.._ _ �__„_ _ _ ,.__. i �
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LWCF Grant Agreement P18AP00095/ 19-01320
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E. The term "State" as used herein means the State or Territory that is a party to the
project agreement, and, where applicable,the political subdivision or public agency to
which funds are to be transferred pursuant to this agreement. Wherever a term,
condition, obligation, or requirement refers to the State, such term, condition,
obligation, or requirement shall also apply to the recipient political subdivision or
public agency, except where it is clear from the nature of the term, condition,
obligation, or requirement that it is to apply solely to the State. For purposes of these
provisions, the terms "State," "grantee," and "recipient" are deemed synonymous.
F. The term "Secretary" as used herein means the Secretary of the Interior, or any
representative lawfully delegated the authority to act for such Secretary.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water
Conservation Fund project creates an obligation to maintain the property described in the
project agreement and supporting application documentation consistent with the Land
and Water Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance
will use monies granted hereunder for the purposes of this program, and that assistance
granted from the Fund will result in a net increase, commensurate at least with the
Federal cost-share, in a participant's outdoor recreation.
, It is intended by both parties hereto that assistance from the Fund will be added to, rather
than replace or be substituted for, State and local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the general, special,
and LWCF provisions outlined in this award agreement and that it will further impose
these provisions, and the terms of the project agreement, upon any political
subdivision or public agency to which funds are transferred pursuant to the project
agreement. The State also agrees that it shall be responsible for compliance with the
terms of the project agreement by such a political subdivision or public agency and _ _
— — - thaf fai�re by su�i poIrtica�ubdivision or public agency to so comp?y shall be
deemed a failure by the State to comply with the terms of this agreement.
B. The State agrees that the property described in the project agreement and the signed
and dated proj ect boundary map made part of that agreement is being acquired or
developed with Land and Water Conservation Fund assistance, or is integral to such
acquisition or development, and that,without the approval of the Secretary, it shall
not be converted to other than public outdoor recreation use but shall be maintained in
public outdoor recreation in perpetuity or for the term of the lease in the case of
leased property. The Secretary shall approve such conversion only if it is found to be
in accord with the then existing comprehensive statewide outdoor recreation plan and
only upon such conditions deemed necessary to assure the substitution of other
- � -t�_ -�
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LWCF Grant Agreement P18AP00095 / 19-01320
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recreation properties of at least equal fair market value and of reasonably equivalent
usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal
Regulations. This replacement land then becomes subject to LWCF protection. The
approval of a conversion shall be at the sole discretion of the Secretary, or his/her
designee.
Prior to the completion of this project, the State and the Director may mutually alter
the area described and shown in the project agreement and the signed and dated
project boundary map to provide the most satisfactory public outdoor recreation unit,
except that acquired parcels are afforded LWCF protection as Fund reimbursement is
provided.
In the event the NPS provides Land and Water Conservation Fund assistance for the
acquisition and/or development of property with full knowledge that the project is
subject to reversionary rights and outstanding interests, conversion of said property to
other than public outdoor recreation uses as a result of such right or interest being
exercised will occur. In receipt of this approval,the State agrees to notify the Service
of the potential conversion as soon as possible and to seek approval of replacement
property in accord with the conditions set forth in these provisions and program
regulations. The provisions of this paragraph are also applicable to: leased properties
acquired and/or developed with Fund assistance where such lease is terminated prior
to its full term due to the existence of provisions in such lease known and agreed to
by the Service; and properties subject to other outstanding rights and interests that '
may result in a conversion when known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full
compliance by the State with the terms of this agreement is the preservation,
protection, and the net increase in the quality of public outdoor recreation facilities
and resources which are available to the people of the State and of the United States,
and such benefit exceeds to an immeasurable and unascertainable extent the amount
of money furnished by the United States by way of assistance under the terms of this
agreement. The State agrees that payment by the State to the United States of an
amount equal to the amount of assistance extended under this agreement b� the_ _ _ _
— — - LTriited-States would beinadequate compensation to the United States for any breach
by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a
breach by the State of this agreement shall be the specific performance of this
agreement or the submission and approval of a conversion-of-use request as described
in Part II.B above.
D. The State agrees to comply with the policies and procedures set forth in the Manual.
Provisions of said Manual are incorporated into and made a part of the project
agreement.
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LWCF Grant Agreement P18AP00095 / 19-01320
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E. The State agrees that the property and facilities described in the project agreement
shall be operated and maintained as prescribed by Manual requirements and '!
published post-completion compliance regulations (Title 36 Part 59 of the Code of i,
Federal Regulations). I
F. The State agrees that a notice of the grant agreement shall be recorded in the public
property records (e.g., registry of deeds or similar) of the jurisdiction in which the '�I
property is located, to the effect that the property described and shown in the scope of I
the proj ect agreement and the signed and dated project boundary map made part of I
that agreement, has been acquired or developed with Land and Water Conservation I
Fund assistance and that it cannot be converted to other than public outdoor
recreation use without the written approval of the Secretary of the Interior. ,
I
G. Nondiscrimination !
I
1. By signing the LWCF agreement, the State certifies that it will comply with all
Federal laws relating to nondiscrimination as outlined in the Civil Rights
Assurance appearing at Article XV.A.2.
2. The State shall not discriminate against any person on the basis of residence,
except to the extent that reasonable differences in admission or other fees may be
maintained on the basis of residence as set forth in the Manual.
Part III - Project Assurances �
I
A. Proj ect Application
1. The Application for Federal Assistance bearing the same project number as the
agreement and associated documents is by this reference made a part of the
agreement.
2. The State possesses legal authority to apply for the grant, and to finance and �
construct the proposed facilities. A resolution, motion, or similar action has been �
- — - duly adopted or passed authorizing the filing of the application, including all
understandings and assurances contained herein, and directing and authorizing the
person identified as the official representative of the State to act in connection
with the application and to provide such additional information as may be
required.
3. The State has the capability to finance the non-Federal share of the costs for the
project. Sufficient funds will be available to assure effective operation and
maintenance of the facilities acquired or developed by the proj ect.
�
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LWCF Grant Agreement P18AP00095 / 19-01320
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i
B. Project Execution
�
1. The State shall transfer to the project sponsor identified in the Application for
Federal Assistance or the Description and Notification Form all funds granted
hereunder except those reimbursed to the State to cover eligible expenses derived
from a current approved negotiated indirect cost rate agreement.
2. The State will cause work on the project to start within a reasonable time after
receipt of notification that funds have been approved and assure that the project I
will be implemented to completion with reasonable diligence.
3. The State will require the facility to be designed to comply with the Architectural
Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43
CFR Part 17). The State will be responsible for conducting inspections to insure �
compliance with these specifications by the contractor. �
I ,
I
4. The State shall secure completion of the work in accordance with approved
construction plans and specifications, and shall secure compliance with all �
applicable Federal, State, and local laws and regulations.
5. In the event the project covered by the project agreement, cannot be completed in
accordance with the plans and specifications for the project; the State shall bring �
the project to a point of recreational usefulness agreed upon by the State and the
Director or his designee.
�
6. The State will provide for and maintain competent and adequate �I
architectural/engineering supervision and inspection at the construction site to I
insure that the completed work conforms with the approved plans and
specifications; that it will furnish progress reports and such other information as �
the NPS may require. ;
7. The State will comply with the terms of Title II and Title III, the Uniform '
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. �
— — 91-b46)�4 �tat. 1�4 ���70), and the applicable regulations and procedures
implementing such Act for all real property acquisitions and where applicable
shall assure that the Act has been complied with for property to be developed with
assistance under the project agreement.
8. The State will comply with the provisions of: Executive Order 11988, relating to
evaluation of flood hazards; Executive Order 11288, relating to the prevention,
control, and abatement or water pollution, and Executive Order 11990 relating to
the protection of wetlands.
9. The State will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat.
�
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LWCF Grant Agreement P18AP00095 / 19-01320
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975, approved December 31, 1976. Section 102(a) requires the purchase of flood
insurance in communities where such insurance is available, as a condition for the
receipt of any Federal financial assistance for construction or acquisition
purposes, for use in any area that has been identified as an area having special
flood hazards by the Flood Insurance Administration of the Federal Emergency
Management Agency. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment,rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
10. The State will assist the NPS in its compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470),Executive Order
11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C.
469a-1 et seq.) by(a) consulting with the State Historic Preservation Officer on
the conduct of investigations, as necessary,to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to
effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying with all
requirements established by the Federal grantor agency to avoid or mitigate
adverse effects upon such properties. �
C. Project Termination
1. The Director may temporarily suspend Federal assistance under the project
pending corrective action by the State or pending a decision to terminate the grant
by the Service.
2. The State may unilaterally terminate the project at any time prior to the first �
payment on the project. After the initial payment, the project may be terminated,
modified, or amended by the State only by mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the
date of completion, whenever it is determined that the grantee has failed to
comply with the conditions of the grant. The Director will promptly notify the '
State in writing of the determination and the reasons for the termination,to�ether _ _ _ _ _ _
— — - — — — —w�h t�e�fec�ive �e. 1'ayments made to States or recoveries by the Service
under projects terminated for cause shall be in accord with the legal rights and
liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before
the date of completion, when both parties agree that the continuation of the �
project would not produce beneficial results commensurate with the further
expenditure of funds. The two parties shall agree upon the termination
conditions, including the effective date and, in the case of partial termination,the
portion to be terminated. The grantee shall not incur new obligations for the
terminated portion afterthe effective date,and shall cancel as many outstanding
obligations as possible. The NPS may allow full credit to the State for the Federal
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LWCF Grant Agreement P18AP00095 / 19-01320
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� ;
share of the non-cancelable obligations, properly incurred by the grantee prior to ' �
termination. i i
I
5. Termination either for cause or for convenience requires that the project in ' �
question be brought to a state of recreational usefulness agreed upon by the State !
and the Director or that all funds provided by the National Park Service be �
i
returned. �
D. Project Closeout
1. The State will determine that all applicable administrative actions, including
financial, and all required work as described in the project agreement has been
completed by the end of the project's period of performance.
2. Within 90 calendar days after completing the project or after the end of the period
of performance, whichever comes first, the State will submit all required
documentation as outlined in the Manual and the Federal Financial Report (SF-
425) as outlined in Article XII of this Agreement for approval by the Service prior
to requesting final reimbursement.
3. After review, including any adjustments, and approval from the NPS,the State
will request through ASAP the final allowable reimbursable costs. Upon
completion of an electronic payment,the State will submit a completed "LWCF
Record of Electronic Payment"form to the NPS.
4. The NPS retains the right to disallow costs and recover funds on the basis of later
audit or other review within the record retention period.
ARTICLE XVII—ATTACHMENTS INCORPORATED BY REFERENCE
The following completed documents are attached to and made a part of this Agreement:
Attachment A. LWCF Federal Financial Assistance Manual, Volume 69 _ _
— A�tac�ime�B.— �F=�24—Applicatio�or Federal Assistance
AttacYunent C. SF-424 C—Budget Information—Construction Programs
Attachment D. SF-�24 D —Assurances—Construction Programs
Attachment E. Project Application and Attachments
Attachment F. 36 CFR Part 59
The Standard Forms (SF) can be downloaded electronically at www.grants.�o_v or by
contacting the NPS Awarding Officer.
LWCF Grant Agreement P 18AP00095 / 19-01320
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ARTICLE XVIII— SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date(s) set forth below.
FOR THE IOWA DEPARTMENT OF NATURAL RESOURCES
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Jennifer Nelson /��T7-/�i✓ /�%r�Eti/c/-� Date
Alternate State Liaison Officer
FOR THE NATIONAL PARK SERVICE
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Kelly A. Pea�ce� Date
Awarding Officer