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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#': Perin it Fee ha e l on si,.. fnroj.ect) Date erinitNo: _' _ +i - P - - - - lams aridS':c' - - - �i� , ,1 ' Date '; ffCetiVe...;_, .. , {:. :.... " .. '. Sigiatu re: ' F..:.... SWPP 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