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Asbury Plza Drain Hellmer Lette1141 Main Street Dubuque, IA 52001 Telephone: (563) 557-1885 Facsimile: (563.)557-2335 DAY & HELLMER, P.C. Attorneys at Law Please reply to the Dyersville Office ROBERT L. DAY, JR. WERNER HELLMER THOMAS J. STP, AKA, Associate I37 First Avenue East P. O. Box 342 Dyersville, IA 52040-0342 Telephone: (563.) 875-9733 Facsimile: (563) 875-8275 August 21, 2003 Mayor Terry Duggan and Dubuque City Council City Hall 50 West 13th Street Dubuque, Iowa 52001 Re: Asbury Plaza Drainage/Soil Erosion Issue Dear Mayor and Members of the City Council: Enclosed for your information is correspondence I received from the Iowa Department of Natural Resources in reference to the Drainage/Soil Erosion Issue at the Asbury Shopping Mall in Asbury Plaza. The letter was authored by Mr. Clark W. Ott, an Environmental Specialist with the Iowa Department of Natural Resources Environmental Sc~'vices Division. I note that a copy of the letter had not been forwarded to you and, therefore, I am submitting it for informational purposes. Mr. Ott inspected the Asbury Plaza site on July 17, 2003 and found the following probl~us: "The site does not have the required soil stabilization for soil that will not be under construction for three weeks; · They are tracking dirt onto the pavement of the mall; The detention pond was required to be put in place prior to construction beginning; and, They are not doing the proper inspections/logging to determine that their pollution plan ~s addressing problems. Mr. Ott also stated that a copy of his report and a letter requiring RubloffDevelopment Group Corporation to come into compliance with the stormwater permit has been forwarded to this corporation. We will continue to monitor the situation. I hope that this information will be of assistance to the Dubuque Engineering Department, which is responsible for reaching design standards for the detention pond to assure that it meets City requirements. I appreciate the opportunity to address this issue before the City Council. WH/bk cc: Joseph and Judy Riniker By: Sincerely, DAY & HELLMER, P.C. Wemer Hellmer COPY, STATE OF IOWA THOMAS J. VILSACK, GOVERNOR SAltY J. PEDERSON, LT. GOVERNOR DEPARTMENT OF NATURAL RESOURCES JEFFREY R. VONK, DIRECTOR July 18, 2003 Wemer hellmer Day & Hellmer, P.C. 137 First Avenue East P.O. Box 342 Dyersville, IA 52040-0342 RE: Drainage/Soil Erosion Issue Asbury Plaza Shopping Mall, Dubuque, Iowa NPDES General Permit No. 2, DNR Authorization Number: IA-4771-4612 Dear Mr. Hellmer: I am the lead environmental specialist for stormwater in our field office. Joe Sanfilippo, our supervisor, and Mike Wade requested that I review the situation at Asbury Plaza. On JulyS17th I went {,o the site and found several Problems: · The site does not have the required soil stabilization for soil that will not be under construction for three weeks, · they are tracking dirt onto the pavement of the mall, · the detention pond was required to be put in place prior to construction beginning, and * they are not doing the proper inspections/logging to determine that their pollution plan is addressing problems. I will be sending a report and letter requiring them to come into compliance with their stormwater permit. However, I feel that I must inform you that if the company had. had all practices in place, your clients may still have received nearly as much water from storms as they did. There are many limitations on what our stormwater regulations can require. The primary purpose of the rules is to reduce the amount of material that is being carried along in the water. The department does not regulate how much water is flowing. The rules require a detention pond for developments that are greater than 10 acres. The pond is required to have storage for 3600 cubic feet of water per acre (about a 1 inch rain). Where the 3600 cubic feet is not attainable, the site must have sediment traps, silt fences or other sediment controls for all sideslope and downslope boundaries. By the very nature of a detention pond's design, water will not be stopped, but will be forced to go through a more constricted point which will hydraulically dam the water. As is indicated by the rules, the developer is not expected to design controls for rains that are greater than one inch. The city of Field Office 1,909 West Main Suite 4, Manchester, IA 52057 563/927-2640 FAX 563/927-2075 · Hellmer- Asbury Plaza reply ~ ~ ;~I¢'_ Page 2 Dubuque's Engineering Division is overseeing the design standards for the detention pond to assure it meets the city's requirements. Once development has been completed, the department will no longer have requirements on the facility. Also, as the development is finished there will be less exposed soil to take in rainfall which will amplify the amount of water that runs off the site from smaller storms. I have also looked at aerial photographs of the watershed that affects your clients. Asbury Plaza is only part of the cause of the increase in water runoff. The watershed is becoming more popular for residences. Every house and street that is added removes that much area for rains to soak into the ground. Depending on the site the Department of Natural Resources will require stormwater permits and erosion control, but once the construction is complete, our department will no longer have stormwater runoff requirements since the exposed soil is protected. Unfortunately for your clients I only foresee their problem getting worse when it comes to frequency of high water. I am enclosing a copy of NPDES General Permit No. 2 for your use. This is the permit required when soil that is disturbed in a construction activity will exceed one acre for the entire development. If you have questions on the stormwater aspect of this situation, please do not hesitate to contact me. Another stormwater contact would be Joe Griffin in Des Moines. He is the Department's stormwater coordinator. I contact him when I need interpretations of the rule. He can be reached at 515-281-7017. Sincerely, ENVIRONMENTAL SERVICES DIVISION Clark W. Ott Environmental Specialist Senior c: DNR - Stormwater Coordinator - Des Moines Robert Dunning, Rubloff Development, 6227 E. Riverside Blvd., Rockford, IL 61114