Signed Contracts_Interstate Power & Light_Soil Use AgreementMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Soil Use Agreement with Interstate Power & Light
DATE: October 17, 2011
INTRODUCTION
Dubuque
Itetri
AII•America City
I 111 IF
2007
The purpose of this memo is to present an agreement with Interstate Power & Light
(IP &L) that would allow IP &L the use of excess excavated soil
BACKGROUND
Excess soil excavated as part of the Lower Bee Branch Project was deposited in the
16t" Street Detention Basin along 16th Street. The quantity of soil is such that it will
provide for a developable, 6 -acre parcel along 16th Street near Kerper Boulevard.
Additional soil was available for use as temporary surcharge material to help
consolidate the fill. This surcharge material is to be removed once the soil below
becomes consolidated.
DISCUSSION
The eastern half of the surcharge pile along 16th Street has fulfilled its purpose, the
consolidation and compaction of the soil below has ceased. Therefore, the surcharge
material can be removed.
Interstate Power & Light (IP &L) inquired about the use of the surcharge material as fill at
its nearby facility.
If the City provides the soil at no cost, IP &L has proposed to load, haul, and assume
ownership of surcharge material. Savings would be realized by the City as there will be
a cost associated with removing surcharge material from the site to make way for the
development of the 6 -acre parcel.
c/3
AGREEMENT FOR CONVEYANCE OF EXCESS SOILS
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
INTERSTATE POWER AND LIGHT COMPANY
WHEREAS, the City of Dubuque, Iowa ( "City ") has approximately 75,000 cubic
yards of excess soils (" the Soils ") arising from excavation associated with its Bee
Branch Sewer Public Improvement Project; and
WHEREAS, the Soils are stockpiled as shown on EXHIBIT A ( "Site "); and
WHEREAS, Interstate Power and Light Company ( "Interstate ") has need and use
for the Soils at its power plant located in Dubuque, Iowa, and;
WHEREAS, Interstate has undertaken sampling and analysis of the Soils and
finds them acceptable for its intended use in compliance with all applicable laws; and
WHEREAS, Interstate will obtain all necessary and applicable permits and
authorizations prior to receipt, transportation and use of the Soils as described herein;
and
WHEREAS, it is in the best interests of both parties to allow for the proper reuse
of the Soils.
NOW, THEREFORE, the City and Interstate agree as follows:
1. City shall provide the Soils to Interstate at no charge. Total quantity of soil
obtained by Interstate will be at the sole discretion of the City.
2. Interstate shall acquire ownership of the Soils upon receipt at the Site.
3. Interstate, at its sole expense, shall arrange for all proper loading and transport
of the Soils from the Site. City personnel shall not be involved with such activities.
4. The Soils shall be available for receipt by Interstate at the Site during the hours
of 7:30 a.m. to 4:30 p.m., Monday through Friday, from the date of this Agreement
through November 30, 2011, at which time this Agreement shall terminate unless
extended by the written agreement of the Parties. Any of the Soils not removed from the
Site by Interstate at termination of this Agreement shall remain the property of City.
Interstate shall give advance oral notice to City as to expected schedule and
transporter.
5. Interstate shall comply with all applicable laws, rules, permits, authorizations, and
orders regarding its activities under this Agreement.
101111baI
6. City makes no warranties and representations as to the quality, quantity, or
condition of the Soils, or the appropriateness of the Soils for any use. Interstate accepts
the Soils "as is."
7. Interstate shall defend, indemnify, and hold harmless 'City from any and all claims
arising from the loading, transportation, and unloading of the Soils. This paragraph 7
shall survive termination of this Agreement for a period of two (2) years.
Dated (4/ ay of October, 2011.
Michael C. Van Milligen - City Manager
City of Dubuque, Iowa
/0/;V
Craig 'ra ord Plant Manager
Interstate Power and Light Company
2
EXHIBIT A
3
City of Dubuque
Erosion and Sediment Control (ESC) Permit
'Mid CITY OF
DUB
Masterpiece on Me. Mississippi
01) Address of Property 920 Kerper Blvd.
02) Legal Description of Property S19, T89N, R3E
03) Number of Site Acres 13.6 Approximate Number of Disturbed Acres 4
04) State NPDES General Permit #2 Authorization Number
TA - 2085 20(923
05) General Purpose of Land Disturbing Activity Decommissioning of Coal Yard
06) Owner Information:
Name Interstate Power and Light Company - Dubuque Generating Station
Address 920 Kerper Blvd.
Office phone (563) 587 -6226 Cell Phone (563) 599 -4176 Fax (563) 556 -4581
07) Individual / Organization Overseeing NPDES Compliance, or Engineer / Designer (if applicable):
Name Tony Morse
Address 200 First Street SE Cedar Rapids, IA 52401-1409
Office Phone (319) 786 -4908. Cell Phone (319) 540 -4529 Fax
08) Operator (Person with day -to -day control of activities occurring at the construction site):
Name Craig Crawford
Address 920 Kerper Blvd.
Office Phone (563) 587 -6226 Cell Phone (563) 599 -4176
Fax (563) 556 -4581
•
09) Additional Information:
The owner shall be responsible for the removal of all debris spilled or washed onto adjoining properties and City right -of -way during
construction. Fines may be issued for any illicit discharges, or any other instance which is in violation of an IYPDESpermit. SWPPP plans
must be approved before ESC permit becomes active.
The undersigned Applicant hereby agrees to defend indemnify and bold the City, its officers, and employees harmless from any and all
claims, damages or suits of any kind arising directly or indirectly out of any act of commission or omission by the Applicant, or any
employee, agent, assign, contractor or subcontractor of the Applicant, in connection with the Applicant's State NPDES General Permit No.
2 and/or City ESC Permit.
10) Co- applicant Signatures (both reykfired)•
Owner Signature
Operator Signature
Date
To b.e'eomplefei a v:City S(uI#':
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Fields of Opportunities
STATE OF IOWA
TERRY E. BRANSTAD, GOVERNOR
KIM REYNOLDS, LT. GOVERNOR
October 06, 2011
CRAIG CRAWFORD
IPL - DUBUQUE GENERATING STATION
920 KERPER BLVD
DUBUQUE, IA 52001
DEPARTMENT OF NATURAL RESOURCES
ROGER L. LANDE, DIRECTOR
Re: Authorization of a Storm Water Discharge Associated With Construction Activity
Iowa Department of Natural Resources, NPDES General Permit No. 2
DNR Authorization Number: IA - 20855 - 20623
Facility Name and Location: IPL - DUBUQUE GENERATING STATION - CONSTRUCTION ACTIVITIES, DUBUQUE, IA
Dear CRAIG CRAWFORD:
This letter is to acknowledge that a complete Notice of Intent to be covered under Iowa's NPDES Stonn Water General Permit No. 2
has been received. Please use the DNR Authorization Number provided above for any future correspondence on this project. By
making this Notice of Intent with the DNR, you are committing to meet the terms and conditions in General Permit No. 2. If you do
not have a copy of General Permit No. 2 please call (515)281 -6782 and request that a copy be sent to you.
In accordance with the terms and conditions in General Permit No. 2, a pollution prevention plan was to have been developed before
the Notice of Intent was submitted to the department. The plan is to be implemented at the start of construction and updated
accordingly. The pollution prevention plan and other records are to be kept on -site where the storm water discharge occurs. Unless
otherwise requested, you do not need to provide a copy to the DNR.
When the construction project has reached final stabilization as defined in the permit, you must submit a Notice of Discontinuation to
the DNR (refer to the summary guidance document). Final stabilization is not achieved for residential and commercial developments
until all houses and buildings have been constructed and ground surrounding them has been finally stabilized.
If you have questions, please call me at 515 -281 -6782 or Joe Griffin at 515 -281 -7017.
Sincerely,
Ruth A. Rosdail
Environmental Specialist
NPDES Permits Section
Environmental Services Division
Enclosure(s): Contact Information Sheet; Permit Authorization Sheet
File No. CON 11 - 34 -- 20855
IDNR Field Office # 1
DEPARTMENT OF NATURAL RESOURCES ! DES MOINES, IOWA 50319 / 515 - 281 -5145 / FAX 515 - 281 -8895
DEAR STORM WATER DISCHARGER:
We are using the following contact person and address for correspondence relating to the storm
water discharge general permit. If you prefer that correspondence be sent elsewhere, please make
the appropriate changes below and return this form to us so that we can update our records.
Mail changes to:
Storm Water Coordinator
Iowa Department of Natural Resources
502 E. 9th St.
Des Moines, IA 50319 -0034
DNR Permit Number: IA - 20855 - 20623
Contact Person: CRAIG CRAWFORD
Company Name: IPL - DUBUQUE GENERATING STATION
Address: 920 KERPER BLVD
DUBUQUE, IA 52001
Telephone: (563)587 -6226
Fields of Opportunities
STATE OF IOWA
TERRY E. BRANSTAD, GOVERNOR
KIM REYNOLDS, LT. GOVERNOR
DEPARTMENT OF NATURAL RESOURCES
ROGER L. LANDE, DIRECTOR
DEPARTMENT OF NATURAL RESOURCES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NOTICE OF GENERAL PERMIT COVERAGE UNDER
GENERAL PERMIT NO. 2
STORM WATER.DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
This notice of general permit coverage for a storm water discharge associated with construction activity is
issued pursuant to the authority of section 402 (b) of the Clean Water Act (U.S.C. 1342(b)), Iowa Code
455B.174, and subrule 567 -- 64.4(2), Iowa Administrative Code. A Notice of Intent has been filed with
the Iowa Department of Natural Resources that this storm water discharge complies with the terms and
conditions of NPDES General Permit No. 2. Authorization is hereby issued to discharge storm water
associated with industrial activity as defined in Part VIII of the Iowa Department of Natural Resources
NPDES General Permit No. 2 in accordance with the terms and conditions set forth in the permit.
Owner: 1PL - DUBUQUE GENERATING STATION
920 KERPER BLVD
DUBUQUE IA 52001
(563)587 -6226
Permit Coverage Issued To:
IPL - DUBUQUE GENERATING STATION - CONSTRUCTION ACTIVITIES
920 KERPER BLVD.
in DUBUQUE, DUBUQUE COUNTY
located at
1/4 Section
Section
Township
Range
B
SW
19
89N
0313
Coverage Provided Through:
NPDES Permit Discharge Authorization Number:
Discharge Authorization Date:
10/1/2012
20855 - 20623
10/6/2011
Project Description: CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE
REMOVAL OF AN EXISTING COAL PILE, CLEAN FILL WILL BE BROUGHT IN
TO BRING SURROUNDING AREA TO GRADE AND AREA WOULD BE SEEDED. 4
ACRES
DEPARTMENT OF NATURAL RESOURCES / DES MOINES, IOWA 50319 / 515 -281 -5145 / FAX 515 - 281 -8895