US Economoic Development Adminsitration_Bee Branch Creek FundingSeptember 20, 2012
The Honorable Roy Buol
Mayor
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001 -4864
U.S.DEPARTMENT OF COMMERCE
Economic Development Administration
DENVER REGIONAL OFFICE
410 17th Street, Suite 250
Denver, Colorado 80202 -4454
(303) 844 -4717 FAX (303) 844 -3968
In reply refer to:
EDA Control No. 05059
Dear Mayor Buol:
The U.S. Economic Development Administration (EDA) is pleased to inform the City of
Dubuque that your application for the Bee Branch Disaster Resiliency Project has been selected
through EDA's competitive application review process for further consideration for funding.
Please note that this notification of further consideration is intended to inform you of EDA's
competitive preliminary selection of your project, but does not guarantee final approval or
legally bind EDA to make an award. Subject to availability of funds, the proposed project,
estimated to cost $10,226,150, will be considered for $1,227,138 in EDA funding under the
Economic Adjustment Program, authorized under Section 209 of the Public Works and
Economic Development Act of 1965, as amended (42 U.S.C. section 3121 et seq.).
If you would like EDA to further consider your application, you must provide:
1. Acknowledgement. Within 2 business days of the date of this letter, notify EDA via email
or letter that you, the applicant(s) agree to provide EDA the information requested by the
deadline stated in item 2 of this letter and acknowledge and accept the terms and conditions
of EDA's further consideration as stated in item 2.
2. Additional Information. Provide EDA the following information by September 24, 2012:
• Within the application, the applicant references that the non - federal match will be the
issuance of debt, yet in another section the applicant states that the non - federal local
match is fully committed and readily available. What is the status of the non - federal local
match, and when the applicant states that the non - federal match is the issuance of debt are
they referring to the State Revolving Loan Fund and GO Bonds?
• CD -346 for key individuals who have the authority to speak for and/or commit the
recipient in the management of the award and/or expend funds.
• Provide documentation of the City of Dubuque's current Central Contractor Registration
(CCR). According to Section V.D. (page 18) of the FY2012 Disaster Relief Opportunity,
all applicants must be registered in the Central Contractor Registration database before
submitting an application; and maintain an active CCR registration with current
information at all times during the active Federal award.
• Overall this project is relying on the fact that past concurrences from USFWS, USACE
and Iowa SHPO can be used for this project. This is not likely the case and further
consultation with these agencies and the applicant is needed.
• Revised the Environmental Narrative to address:
o PROPOSED CONSTRUCTION. Only list the EDA components. DO NOT list
non EDA components.
o HISTORIC /ARCHEOLOGICAL RESOURCES. The Programmatic
Agreement that was executed does not include the EDA. This issue will need to
be discussed with the Iowa SHPO.
o WETLANDS. EDA like to confirm with the applicant that these permits would
be valid, prior to any decision by the IRC, since the permits are expired as
indicated in the narrative.
o FLOODPLAINS. If the project is recommended for funding by the IRC, an
EDA floodplain notice would need to be completed by the applicant.
o ENDANGERED SPECIES. The environmental assessment mentioned in the
revised environmental narrative provided by U.S. Fish and Wildlife Service
(USFWS) is not included in the environmental narrative it received on August 15,
2012. CURRENT concurrence is needed from the USFWS.
o HAZARDOUS OR TOXIC SUBSTANCES. The response in the revised
narrative is not adequate please address. From the Applicant Certification Clause
it appears that petroleum products have been stored in the project area.
Additionally, there is an email communication in the narrative packet that
determined there may be contaminated soil I am assuming in the project area. It
is likely a Phase I Environmental Site Assessment would need to be prepared for
this project. If one was completed with the environmental assessment that was
completed by the Iowa DNR please provide EDA with a copy.
o PERMITS. The permits listed are expired and it is not clear that the EDA project
components would be covered under these permits which would also need an
extension.
o DIRECT, INDIRECT AND CUMULATIVE EFFECTS. Revise this section to
include all projects within and near the project areas from the past, present and
future that could have direct, indirect and cumulative impacts.
• Provide a one -page map that provides an overview of the entire EDA project scope, and
generally labels the components. The map should define the limits of the project, and
identify the general project components on one sheet.
o Either on the map above, or a separate map, label the areas as residential, commercial,
open space etc. that are adjacent to the improvements.
• Section 1.2.2 Creek and Floodplain Description of Engineering Report. Explain
"construction of a new creek and associated floodplain" in better detail. (i.e. Remove
portion of Elm Street from x to x, excavate and construct channel; excavation only from x
to x, etc.).
o Provide a brief summary of the hydrology and the hydraulic design criteria for the
system. Describe the drainage basin that the system will serve, sizing of the channel,
etc. Where does the channel outfall? Do not provide the full design report, just a
summary.
o Provide additional detail regarding the street sections to be reconstructed. Are they
being constructed to existing roadway standards? Provide additional detail re: length,
width, etc.
• Verify that all work to be performed is either within existing City Right of Way or
easements.
• The project will generate a significant amount of excavated material. Where will the
material be disposed? Address in the environmental narrative.
Note, it appears that the project is in the final design stage. Even though EDA is not
participating in the Engineering costs, the plans and specifications will need to be
reviewed and approved by EDA to ensure conformance with federal construction
requirements.
• Provide a revised project schedule. Please note that the project cannot be advertised for
bid prior to EDA's approval of the bid documents.
• Note, the City will have to competitively procure the Administration services.
• There are no costs shown for Project Inspection in the project budget. The PER indicates
that project observation will be completed by the City's in -house staff and consultants at
their own (non -EDA reimbursed) expense. EDA will require that the City provide
documentation that the Project Inspection is being completed on the project.
• Publish the following notice in the daily newspaper with the greatest local circulation for
three (3) consecutive days and provide an affidavit of publication to EDA upon
publication:
PUBLIC NOTICE
The U.S. Department of Commerce, Economic Development Administration (EDA) is
considering a request for Federal assistance from [applicant] to [project] in [city, county,
state]. Pursuant to the National Environmental Policy Act of 1969, as amended, EDA is
conducting an environmental assessment (EA) of the proposed project.
The project will be located within the [detailed township and range] of [county and
state]. Project information is available for review at [applicant name and address].
If you have any information regarding potential environmental impacts associated with
this proposed project, please provide it in writing to:
Regional Environmental Officer
US Department of Commerce
Economic Development Administration
Denver Region
410 E. 17th Street, Suite 250
Denver, CO 80202
Comments received in the EDA Regional Office by 5:00 pm on [insert date 15 days after
the third day of publication of this notice. If the newspaper is not a daily, please contact
the Regional Environmental Officer prior to publication to determine the deadline for
comments] will be considered. A copy of the NEPA decisional document will be
available upon request at the above EDA Regional Office.
The information requested above will supplement your application and enable EDA to proceed
with processing your application. Failure to meet this deadline, or the submission of incorrect or
incomplete information, will jeopardize approval of your application. If you cannot meet this
deadline, please advise Justin Fazzari as soon as possible.
Upon receipt, EDA will assess the information provided. EDA's assessment of this information
may result in a determination that:
1. No additional information is necessary;
2. Additional information is required, because the submission is incomplete, inaccurate,
or otherwise unacceptable to EDA, and the applicant(s) must revise the submission
before EDA will consider processing the application further; or
3. EDA will discontinue considering your application for funding, because the
information submitted does not present a project that complies with applicable law or
EDA's regulations or policies.
Your organization must comply with EDA's regulations (see 13 C.F.R. chapter III
http: / /www.eda.gov/PDFEDA regulations 012710.pdf), as well as the Federal Funding
Opportunity announcement FY2012 Disaster Relief Opportunity (see
http: / /www. grants. gov/ search /search.do;j sessionid =t2 WgPzpK7yW 8yGJTBLQtGftPC VhJfbpJOn
6jzsBTxfTcsw26y4gQ! 1869518295 ?oppld = 159393 &mode = VIEW). Final approval of an
award is conditioned upon EDA's assessment of the additional information requested,
project feasibility, funding priorities, and the availability of funds for obligation.
EDA's mission is to lead the Federal economic development agenda by promoting innovation
and competitiveness, preparing American regions for growth and success in the worldwide
economy. Please do not hesitate to contact Justin Fazzari at 303 - 844 -4089 or
justin.fazzari@a eda.gov, if you have questions regarding the requested information or status of
your application
Sincerely,
Robert E. Olson
Regional Director, Denver Regional Office
cc: Laura Stein, Economic Development Representative
ft' ,'y
Originator Area Director
Regional Counsel Regional Direc
3. EDA will discontinue considering your application for funding, because the
information submitted does not present a project that complies with applicable law or
EDA's regulations or policies.
Your organization must comply with EDA's regulations (see 13 C.F.R. chapter III
http: / /www.eda.gov/PDFEDA regulations 012710.pdf), as well as the Federal Funding
Opportunity announcement FY2012 Disaster Relief Opportunity (see
http: / /www.grants. gov/ search /search.do: j sessionid =t2 WgPzpK7yW 8yGJTBLQtGftPCV hJfbpJOn
6j zsBTxfTcsw26y4gQ ! 1869518295 ?oppld = 159393 &mode = VIEW). Final approval of an
award is conditioned upon EDA's assessment of the additional information requested,
project feasibility, funding priorities, and the availability of funds for obligation.
EDA's mission is to lead the Federal economic development agenda by promoting innovation
and competitiveness, preparing American regions for growth and success in the worldwide
economy. Please do not hesitate to contact Justin Fazzari at 303 - 844 -4089 or
justin.fazzari@,eda.gov, if you have questions regarding the requested information or status of
your application
Sincerely,
Robert E. Olson
Regional Director, Denver Regional Office
cc: Laura Stein, Economic Development Representative