Iowa 32 Bike/Hike Trail LWCF Grant ApplicationTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2014 Land and Water Conservation Fund Grant Application for Iowa 32
Bike/Hike Trail -- Phase 4
DATE: March 10, 2014
Planning Services Manager Laura Carstens recommends City Council approval to
submit a 2014 Land and Water Conservation Fund grant application for Phase 4 of the
Iowa 32 Bike/Hike Trail to the Iowa Department of Natural Resources in the amount of
$175,000. The $200,000 Iowa Department of Natural Resources REAP (Resource
Enhancement and Protection) grant and City funds of $50,000 will provide the required
1:1 match.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bat44 .,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
Dubuque
SAS
NI-Amedcatly
2007 • 2012 • 2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager 2Z-0--
SUBJECT:CT: 2014 LWCF Grant Application for Iowa 32 Bike/Hike Trail -- Phase 4
DATE: March 10, 2014
INTRODUCTION
This memorandum requests City Council approval to submit a 2014 LWCF (Land and
Water Conservation Fund) grant application for Phase 4 of the Iowa 32 Bike/Hike Trail
to the Iowa Department of Natural Resources (IDNR). Enclosed are the application and
a resolution.
DISCUSSION
The IDNR has awarded the City a $200,000 REAP grant to build Phase 4 of the Iowa 32
Bike/Hike Trail along the Northwest Arterial from Holliday Drive to Pennsylvania
Avenue. The 1 -mile REAP project will be a 10 -foot wide paved trail physically separated
from the motorized traffic on Iowa 32 by an open space located within the highway right-
of-way.
The LWCF grant is a request for an additional $175,000 to extend the Phase 4 Trail
segment to the south 0.5 mile to Chavenelle Road. LWCF is a federally -funded grant
program for outdoor recreation administered by IDNR. The REAP grant and City funds
will provide the required 1:1 local match for the LWCF grant.
BUDGET IMPACT
Construction of Phase 4 of the Iowa 32 Bike/Hike Trail for the total 1.5 miles from
Holliday Drive to Chavenelle Road is estimated at $425,000 including engineering and
construction management costs. Funding for the project is anticipated as follows:
LWCF grant application $175,000
IDNR REAP Grant Agreement #14 -R4 -AN 200,000
Trails & Complete Streets CIP #350-2430 47,000
Sidewalk Program C!P #102-1425 3,000
Total Funding $425,000
2014 LWCF Grant Application for Iowa 32 Bike/Hike Trail -- Phase 4
Note: The Trails & Complete Streets CIP is on the list of additional General Fund CIP
projects that the City Council could choose to substitute for any of the recommended
projects discussed in the City Manager's FY 2014 Budget Correction memo to the City
Council dated February 13, 2014.
RECOMMENDATION
I recommend that the City Council approve the attached resolution and the 2014 LWCF
grant agreement of $175,000 for Phase 4 of the Iowa 32 Bike/Hike Trail.
The grant application will be submitted by Planning Services staff to meet the IDNR's
March 15, 2014 application deadline. If the City Council does not approve the grant
application, it will be withdrawn.
Enclosures
cc: Marie Ware, Leisure Services Manager
Jenny Larson, Budget Director
Jon Dienst, Civil Engineer
F:\USERS\LCARSTEN\WP\Grants for Trails\Iowa 32 Traii\LWCF 2013\2014 LWCF Grant App Memo to MVM.doc
2
Prepared by: Laura Carstens, Citv 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. 79-14
RESOLUTION AUTHORIZING LWCF GRANT APPLICATION TO IOWA DEPARTMENT OF
NATURAL RESOURCES FOR PHASE 4 OF THE IOWA 32 BIKE/HIKE TRAIL
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the LWCF
(Land and Water Conservation Fund) Program for the development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes
goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes Phase
4 of the Iowa 32 Bike/Hike Trail as a High Priority project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is
hereby authorized to submit an application to the Iowa Department of Natural Resources for LWCF
funds for Phase 4 of the Iowa 32 Bike/Hike Trail.
Section 2. That in the event said application is approved, 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 171" day of March, 2014.
R•y
Attest:
Key S. Firnstahl, Cit lerk
F:\USERS\LCARSTENIWP\Grants forTrailsllowa 32 Trail\LWCF 201312014 LWCF Grant App Resolution.doc
uol, Mayor
SECTION II - APPLICATION
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
PROPOSAL AND APPLICANT INFORMATION
APPLICANT AGENCY:
Contact Person:
Title:
Street/PO Box:
City/Zip Code:
Telephone #:
Email Address:
City of Dubuque, Iowa
Laura Carstens
Planning Services Manager
50 W. 13th Street
Dubuque, IA 52001
563.589.4210
Icarsten@cityofd.ubuque.org
TYPE OF PROJECT:
❑ Acquisition*
® Development
❑ Combination*
* Complete Part V, the Acquisition
Schedule, of Application.
PROJECT TITLE: Iowa 32 Bike/Hike Trail - Phase 4
TOTAL PROJECT COST: $ 425,000
Breakdown of Project Costs
Total Federal LWCF
Share Requested:
Total Local Share:
SOURCE:
Appropriations:
Bonds:
Tax Levies:
Donations:
Other (Explain):
REAP Grant
$ 175,000
$ 250,000
$ 50,000
$ 200,000
ESTIM. STARTING DATE:
April 2015
ESTIM. COMPLETION DATE:
October 2015
PREVIOUS LWCF GRANTS ON
PROJECT SITE?
❑ Yes * ®. No
* List Project Numbers:
OWNERSHIP OF PROJECT SITE:
Date Project Site was Acquired:
N/A -- Trail Project
in IDOT Iowa 32
ROW
If after January 2, 1971, was acquisition in
compliance with Public Law 91-646? ❑ Yes
(Uniform Relocati,n Assistance Act of 1970)
SIGNATURE:
TITLE:
(For Development Projects Only)
❑ No
By signing this prop: sal, the applicant agrees to the Federal terms and conditions
contained in this Application and the attached General Conditions.
09/2013 cmz
DNR Form 542-0128
SECTION 11 - APPLICATION
LAND AND WATER CONSERVATION FUND
PART I- RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION
County: Dubuque
WHEREAS, the City of Dubuque (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: Iowa 32 Right -of way and the State Iowa.
Iowa 32 highway right-of-way between Holliday Drive and Chavenelle
Site Address: Road
Project Title: Iowa 32 Bike/Hike trail --Phase 4
Total Estimated Cost: $ 425,000
Brief Description of Project:
Continued extension of physically separated 10 -foot wide paved, off-road bike/hike trail
in the IDOT highway right-of-way of Iowa 32 between Holliday Drive and Chavenelle
Road
AND, 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 of Dubuque that the project
described above be authorized,
AND, be it further resolved that said City of Dubuque make application to the
Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the
National
Park Service in the amount of 41 % of the actual cost of the project,
AND, be it further resolved that said City of Dubuque certifies to the following:
1. That is will accept the terms and conditions 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 accord 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 Iowa 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 of Dubuque 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 claims 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
City of Dubuque
of March
,20„ 14
at a legal meeting held on this 17th day
Mayor
(signature)
(title)
09/2013 cmz
City Clerk
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(title)
DNR Form 542-0128
r
SECTION II - APPLICATION
LAND AND WATER CONSERVATION FUND
r
PART II- LWCF PROPOSAL DESCRIPTION AND ENVIRONMENTAL SCREENING
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 -Al, A29; etc.
Step 1. Type of LWCF Proposal
New Project Application
n Acquisition ® Development n Combination (Acquisition & Development)
Go to Step 2A Go to Step 28 Complete Step 2A and 28
Step 2. New Project Application
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, 50 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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DNR Form 542-0128
SECTION 11 -APPLICATION
4. Acquisition Schedule
Code*
Parcel #
Acres
Estimated
Date of
Acquisition
Estimated Value
of Land to be
Acquired
Estimated Value
of Improvements
to be Acquired
Total
Estimated
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 Iowa
Department of Natural Resources prior to conducting an appraisal to receive the appropriate appraisal
guidelines. Appraisals will not be returned. The appraisal(s) must be approved by the state before any firm
offer to buy is made to the land owner. Two copies of the offer to buy or sell, purchase contracts, or
options are required on all acquisitions.
5. Will 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. Address each item in "C" below. ❑ OK
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SECTION 11 -APPLICATION
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.
Phase 4 of the Iowa 32 Bike/Hike Trail will extend approximately 1.5 miles along Iowa 32 (locally known as
the Northwest Arterial) on the west side of Dubuque. The project will be a 10 -foot wide paved trail
physically separated from the motorized traffic on Iowa 32 by an open space located within the highway
right-of-way.The trail will begin at the intersection of Holliday Drive and Iowa 32. The trail will extend
southerly along the west side of Iowa 32 to the intersection of Chavenelle Road and Iowa 32. At its
northern terminus, Phase 4 of the Iowa 32 Bike/Hike Trail will connect with Holliday Drive adjacent to a
commercial center with restaurants and other retail/service uses available to trail users. At its southern
terminus, Phase 4 will connect with Chavenelle Road adjacent to the Dubuque Industrial Center; nearby
is a commercial center with restaurants and other retail/service uses available to trail users. Phase 4 will
provide a future trail link along Pennsylva nia Avenue to Hempstead High School on the east and the
City of Asbury on the west.
2. When will the project be completed and open for public outdoor recreation use?
October 2015
3. Address each item in "C" below. ® OK
C. Items to address for a new application
1. Will 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 ❑ (go to #3) No ® (go to #2)
2. What is the name of the pre-existing public area that this new site will be added to?
Iowa 32 Bike/Hike Trail. Phases 1, 2, and 3 are completed.
3. What will be the name of this new public park/recreation area?
Iowa 32 Bike/hike Trail. This project component will be for Phase 4.
4. What is the sponsor's type of ownership and control of the property?
❑ Fee simple ownership
® Less than fee simple. Explain:
Iowa 32 Bike/Hike Trail is located within the Iowa Dept. of Transportation public right-of-way for Iowa 32.
5. Describe the location of the project site, physical address and any facilities or improvements on the project site.
Phase 4 of the Iowa 32 Bike/Hike Trail will extend approximately 1.5 miles along Iowa 32 (locally known as the
Northwest Arterial) on the west side of Dubuque. The project will be a 10 -foot wide paved trail physically
separated from the motorized traffic on Iowa 32 by an open space located within the highway right-of-way.The
trail will begin at the intersection of Holliday Drive and Iowa 32. The trail will extend southerly along the west side
of Iowa 32 to the intersection of Chavenelle Road and Iowa 32.
6. Describe the Scope of the proposed project.
The entire Iowa 32 Bike/ Hike Trail Project is approximately 5 miles of 10 -foot wide paved trail along Iowa 32
from a point just east of the U.S. 52 / Iowa 386 intersection to U. S. 20. This Resource Enhancement and
Protection (REAP) grant application is just for Phase 4 of the Iowa 32 Bike/Hike Trail. The project will provide a
paved trail within the highway right-of-way that is physically separated from the motorized traffic. Signed on -
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SECTION 11 -APPLICATION
street routes along the trail will provide linkages to City parks and recreation areas. The existing Iowa 32
Bike/Hike Trail Project has been constructed in three phases between major intersections along Iowa 32. This
project component is for construction of Phase 4, a 1.5 mile continuation of the 10 -foot wide, paved, off-road
physically separated trail along Iowa 32 from Holliday Drive to Chavenelle Road.
7. Describe the purpose and justification/need of the proposed project.
The Iowa 32 Bike/ Hike Trail project will allow bicyclists and pedestrians opportunities to safely access a variety
of recreational uses, including hiking, biking, jogging, picnicking, fishing, and other recreational facilities at City
and County parks and recreational facilities. Pahse 4 of the Iowa 32 Bike/Hike Trail strengthens linkages to
primary bicycle and pedestrian destinations along the Iowa 32 Bike/ Hike Trail, links to the existing bike/hike
trails, and links to the proposed and existing portions of the bicycle and pedestrian network in the Dubuque
area.
The Dubuque County Heritage Trail, the City's Heritage Trail Riverfront System, and the Iowa 32 Bike/Hike Trail
form a bicycle and pedestrian network that will be used by both tourists and local residents. As an off-road trail,
the Iowa 32 Bike/Hike Trail will accommodate experienced riders, casual or new adult and teenage riders, pre-
teens and young children monitored by parents.
The entire Iowa 32 Bike/Hike Trail is a High Priority in the Tri-State Trail Plan of 2008. Phase 4 of the Iowa 32
Bike/Hike Trail will provide an important and safe continuation for bike and pedestrian traffic between the
Dubuque County Heritage Trail and the City of Dubuque's Heritage Trail Riverfront System on the north end of
Dubuque to the west end of town. The west side of Dubuque is the fastest growing shopping, employment and
residential area in the city. The north end of Dubuque includes some of the City's low and moderate income
neighborhoods with a diversity of racial, ethnic, and age groups.
8. Describe the environment of the project site. The history of the site, future of site without implementation of
proposed project, environmental intrusions, etc.
The project is a continuation of an off-road trail in the highway right-of-way for Iowa 32. The site will continue
as highway right-of-way with or without the trail. The trail improves pedestrian and bicycle access as it expands
the community's bike/hike network. Phase 4 of the Iowa 32 Bike/Hike Trail, the subject of this LWCF grant
request, will pick up where Phase 3 ends at Holliday Drive, and then continue south approximately 1.5 miles
along Iowa 32 to Chavenelle Road. At its northern terminus, Phase 4 of the Iowa 32 Bike/Hike Trail will connect
with Holliday Drive adjacent to a commercial center with restaurants and other retail/service uses available to
trail users. The principal adjacent land use as the trail extends south is Embassy West, a residential
subdivision. Phase 4 will cross Pennsylvania Avenue adjacent to another commercial center with restaurants
and other retail/service uses available to trail users. Phase 4 will provide a future trail link east along
Pennsylvania Avenue to Hempstead High School and west along Pennsylvania Avenue to the Dubuque
Industrial Center and the City of Asbury on the west. At its southern terminus, the trail will connect to
Chavenelle Road, the entrance to the Dubuque Industrial Center. Via Chavenelle Road, the trail will connect
with an on -street route to the Bergfeld recreation Area, which has public restrooms, picnic areas, a playground,
a pond, fishing areas, benches, and a off-road trail system.
9. What if any interrelationships with other federal, state or local projects are there?
Dubuque County Heritage Trail
The Dubuque County Heritage Trail is a 26 -mile bicycling/hiking path linking the communities of Dubuque,
Dyersville, Farley, Epworth, Graf, Durango and Sageville in Dubuque County. The trail surface is crushed
limestone with a one percent maximum grade. No horses or motorized vehicles are allowed on the trail. The
Dubuque County Conservation Board received federal funding for an extension of the Heritage Trail along the
former Chicago -Great Western Railroad right-of-way from its current terminus at Heritage Pond 3 miles north of
Dubuque, across U.S. 52 via a bike/pedestrian bridge, under Iowa 386, to its intersection with the City's
Heritage Trail Riverfront System.
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SECTION II - APPLICATION
The bike/pedestrian bridge opened in 2013, connecting the City of Dubuque's Iowa 32 Bike/Hike Trail to the
Dubuque County Heritage Trail near Iowa 386, providing access between the west side of Dubuque and the
Heritage Trail. Phase 2 and Phase 3 of the Iowa 32 Bike/Hike Trail extended this connection west. Phase 4 will
extend a second connection to the community of Asbury, a suburb of Dubuque that is actively developing a
bike/hike trail system.
City of Dubuque Heritage Trail Riverfront System
The City of Dubuque's Heritage Trail Riverfront System connects the north end of the city with the riverfront, the
downtown area, and the Mines of Spain State Recreational Area, south of Dubuque. The City of Dubuque has
established this urban trail system using signed routes on City streets and several off-road trail segments where
possible. The City has also completed several trail connections to City parks and attractions along the riverfront.
Users of the Iowa 32 Bike/Hike Trail will be able to link with this 10,5 mile riverfront trail system. Iowa 32
Bike/Hike Trail users will be able to travel on the Heritage Trail Riverfront System to attractions like Lock and
Dam No. 11, City parks, the Mississippi River, the America's River project at the Port of Dubuque, and the
Mines of Spain State Recreation Area. The Iowa 32 Bike/Hike Trail provides an important link to three off-road
trails within the City's Heritage Trail Riverfront System -- the Dubuque Jaycees Trail, Heron Pond Wetlands
Nature Trail, and the Alliant Energy Powerline Trail.
The Mines of Spain Recreation Area is a 1,387 -acre recreation area located along the southern edge of
Dubuque. The State Park is a designated National Historic Landmark, a National Wildlife Federation Nature
Area, and a Watchable Wildlife Area. The Mines of Spain contains the 600 -acre Catfish Creek Preserve, which
is an architectural and geological preserve.
America's River at the Port of Dubuque boasts the Grand River Center -- an education and conference center,
the National Mississippi River Museum and Aquarium, the Grand Harbor Resort and Indoor Water Park, and the
Mississippi Riverwalk Recreational Trail, a one -mile promenade along the riverfront and historic Ice Harbor.
State and National Trails
The County and City sections of the Heritage Trail are part of the backbone system of the State Recreational
Trail Plan. The Dubuque County Heritage Trail is a National Recreation Trail.
Portions of the Dubuque County Heritage Trail and the City's Heritage Trail Riverfront System are part of the
designated route for the Mississippi River Trail (MRT) through Iowa. The MRT is a 2,000 -mile bike trail system
being developed through the river cities and river landscapes in the 10 states along the Mississippi River from
Lake Itasca to the Gulf of Mexico. The Iowa 32 Bike/Hike Trail will provide a side trip from the Heritage Trail
and the MRT.
Phase 4 of the Iowa 32 Bike/Hike Trail will extend this MRT connection to neighborhoods on Dubuque's west
side.
City Parks and Schools
A map showing the proximity of the Iowa 32 Bike/Hike Trail project to parks and schools is enclosed. Phase 4 of
the Iowa 32 Bike/Hike Trail provides a continuation of the important west side link for bicyclists and pedestrians
to access passive and active recreational facilities at the public parks and the public and parochial schools in
Dubuque and Asbury.
Relationship to State and Local Plans
Phase 4 of the Iowa 32 Bike/Hike Trail is consistent with many state and local plans.
Dubuque County 5 -Year REAP Plan
The Dubuque County 5 -Year REAP Plan states that "it is the goal of the City of Dubuque's Leisure Services
Department to develop...a safe, clean, functional and attractive system of parks and recreational facilities to
meet the passive and active leisure needs of all residents and visitors". Phase 4 of the Iowa 32 Bike/Hike Trail
will help to achieve these goals by extending the City's first off-road trail to the community's growing west side
and the suburb of Asbury. It will be a plus for residents of both communities and for visitors to the Dubuque
area.
Iowa Open Spaces Program
Phase 4 of the Iowa 32 Bike/Hike Trail also addresses the overall goals of the Iowa Open Spaces Program to
"educate the citizens of the state about the needs and urgency of protecting the state's open spaces, plan for
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DNR Form 542-0128
SECTION 11 -APPLICATION
the protection of the state's significant open space areas, and acquire and protect those properties on a priority
basis through a variety of appropriate means".
Phase 4 of the Iowa 32 Bike/Hike Trail will offer a safe and accessible route with links to west side
neighborhoods, parks, schools, and shopping centers.
Iowa Statewide Comprehensive Recreation Plan
Phase 4 of the Iowa 32 Bike/Hike Trail is closely tied to many of the priorities and issues of the Iowa Statewide
Comprehensive Recreation Plan (SCORP). The SCORP comments that the three most important values for
quality trail experience are: health and fitness, aesthetic beauty, and natural area preservation of open space.
The SCORP calls for the "expansion and acquisition, development and management of existing...wetlands,
recreation and wildlife areas and a need to increase awareness of wildlife diversity programs and non -
consuming enjoyment of wildlife on all lands".
Phase 4 of the Iowa 32 Bike/Hike Trail will provide ready opportunities for health and fitness, aesthetic beauty
and appreciation of open space.
Statewide Recreation Trails Usage Study
In the 1989 Iowa Statewide Recreation Trails Usage Study, elements that were mentioned that contributed most
to the trail user's enjoyment were:
• The trail traverses a variety of landscapes.
• The presence of water.
• The trail corridor is separate from the roadway.
• Historical markers are present.
The existing Heritage Trail and proposed recreational trails fall into these categories of enjoyment. Ultimately,
the City of Dubuque envisions the Heritage Trail as the focal point of a city-wide bicycling and pedestrian
system. Links along Iowa 32, 32nd Street, Loras Boulevard, Dodge Street/Highway 20 and Catfish Creek will
form a safe, scenic full -city and riverfront loop.
Annual use on the Dubuque County Heritage Trail exceeds 60,000 people with an estimated 30% from out-of-
town. Extension of the Iowa 32 Bike/Hike Trail with Phase 4 as a side trip off the Heritage Trail system adds to
Dubuque's reputation as a tourist destination for both the State of Iowa and the community.
Statewide Trails Vision
According to the Statewide Trails Vision, the ultimate goal is to "connect communities, parks, natural resources,
shopping, employment and other amenities with a comprehensive, multi -modal, easily accessible trails system".
Phase 4 of the Iowa 32 Bike/Hike Trail will connect with other attractions in the community and offer ready
access to the Dubuque County Heritage Trail and the City of Dubuque's Heritage Trail Riverfront System via its
connection to Phases 1, 2 and 3.
DMATS Long Range Transportation Plan
The entire 5 -mile Iowa 32 Bike/Hike Trail Project is included in the Dubuque Metropolitan Area Transportation
Study (DMATS) 2031 Long Range Transportation Plan. DMATS is the Tri-State area where Iowa, Illinois, and
Wisconsin meet. In Iowa, DMATS includes the urbanized areas of Dubuque County. The City of East Dubuque
and Jo Daviess County in Illinois and Grant County in Wisconsin are served by DMATS.
The DMATS Plan includes the comprehensive Bicycle and Pedestrian Network as an example of multi -modal
transportation for the Dubuque area. The DMATS Pian calls for hiking and biking trails for recreational purposes
and as alternative modes of transportation that will help reduce pollution and highway congestion. Phase 4 of
the Iowa 32 Bike/Hike Trail will help to achieve these goals.
City of Dubuque Comprehensive Plan
The 2008 City of Dubuque Comprehensive Plan contains the following goals for bike/hike trails, riverfront
enhancement and increased accessibility to the river as well as the development of neighborhood parks and
open space:
Support parks, green space, trails and similar park/open space uses easily accessible to residents at
neighborhood level.
Strive to establish Dubuque as a bicycle friendly town, with bike lanes and bike trails where feasible.
Encourage parks, green space, trails and similar park/open space uses easily accessible to residents at
neighborhood level.
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Encourage and facilitate urban accessibility by walking, cycling and/or public transit as well as by auto.
Encourage the development of pathways that link the community together in a cohesive manner.
Phase 4 of the Iowa 32 Bike/Hike Trail will help to realize these goals.
Tri-State Area Trail System Plan
The proposed Tri-State Area Integrated Walking, Biking; Hiking Network Plan encompasses the DMATS area.
This Plan was approved by the DMATS Board in 2008 and by the City of Dubuque in 2009.
The goals of the Tri-State Trail Plan are:
1. Create an integrated trail system throughout the Tri-State are to encourage recreation, wellness, alternative
transportation, energy conservation, heritage tourism, environmental education and air quality.
2. Provide connections to regional, state and national trail systems, including the MRT.
3. Connect all of the trail systems to the Port of Dubuque River Walk, Heritage Trail, E.B. Lyons and the Mines
of Spain.
4. Provide connections from neighborhoods to schools, parks and other points of interest.
5. Develop safe paved trails, with a corresponding website and maps, plus restrooms, benches and bike racks.
6. Advocate for adoption of "Complete Streets" policies by cities and counties in the Tri-State area.
Phase 4 of the Iowa 32 Bike/Hike Trail will help accomplish all of these goals.
The Tri-State Trail Plan identifies existing network needs and recommends projects that will further enhance
and improve the conditions for walkers, bikers, and hikers in the Tri-State area. Projects identified in this Plan
were evaluated according to priority criteria including safety, connectivity, and network needs. These priorities
emphasize providing a network that makes connections to destinations such as neighborhood districts, major
employers, schools, recreational areas, and commercial areas, along with enhancing regional connections.
Phase 4 of the Iowa 32 Bike/Hike Trail clearly addresses all these Plan objectives.
Phase 4 of the Iowa 32 Bike/Hike Trail is listed among the approved planned facilities in the Tri-State Trail Plan.
The Implementation section of the Tri-State Trail Plan lists Phase 4 of the Iowa 32 Bike/Hike Trail as a High
Priority Project.
10. Describe the nature of any rights-of-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 project is in the right-of-way of Iowa 32. The parties understand the 6(f) funding and use restrictions.
11. Are overhead utility lines present, and if so, explain how they will be treated per LWCF Manual.
Not applicable
12. As a result of this project, describe new types of outdoor recreation opportunities and capacities, and short and
long term public benefits.
The Dubuque County Heritage Trail and the City of Dubuque's Heritage Trail Riverfront System are accessible
to the rural areas north of Dubuque, to Dubuque's north end neighborhood and central business district, and to
the south end of town. The existing County/City heritage Trail network, however, does not connect with the
City's growing west side. Phase 4 of the Iowa 32 Bike/Hike Trail will provide that important link for the west
side of Dubuque to the County/City Heritage Trail network and other attractions that currently does not exist.
Phase 4 of the Iowa 32 Bike/Hike Trail will provide ready opportunities for health and fitness, aesthetic beauty
and appreciation of open space. Phase 4 of the Iowa 32 Bike/Hike Trail will offer a safe and accessible route
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DNR Form 542-0128
SECTION II - APPLICATION
for residents and visitors to access public open spaces. Increased exposure to area recreational opportunities
and parks will have a positive impact on people's appreciation and support for protecting and enhancing our
open spaces.
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.
The public right-of-way for state highway Iowa 32, including the shoulder and paved portions, will continue to
exist adjacent to but physically separated from the Phase 4 trail as it does in the previously built three trail
phases along Iowa 32.
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 has received interest in and support for a community -wide bicycle and pedestrian
network for over 15 years. Initial interest began with the City's community visioning process for the tri-state
area in 1990-1992. Over 5,000 area residents participated in this process through questionnaires, telephone
surveys, public forums, and public hearings.
Citizen interest and support from the general populace and from local running and bicycling clubs grew as the
City of Dubuque embarked on an update of the Dubuque Comprehensive Plan in 1992-1995. A map and
written goals and objectives outlining a community -wide bike/hike system were adopted by the Dubuque City
Council in 1995. This was reaffirmed during public forums and public hearings for an update of the
Comprehensive Plan in 2000-2002. Concurrent with this planning process, the Dubuque Metropolitan Area
Transportation Study (DMATS) began an update of the Long Range Transportation Plan that identified a
community -wide bicycle and pedestrian network for the tri-state area. Again, this network was reaffirmed with
the update of the DMATS Plan in 2001 after focus group meetings with trail users and other interest groups,
as well as public meetings and public hearings.
In 1996, the City of Dubuque developed a Heritage Trail Master Plan with trail users, neighborhood
associations and other interest groups. The Master Plan lays out an 18 -mile extension of Heritage Trail
through Dubuque, and identifies linkages to other trail segments, including the Northwest Arterial (Iowa 32).
When the extension. of Iowa 32 from John F. Kennedy Road to U.S. 52 was built in 2001-2002, the IDOT
included the preliminary grading for the recreational trail along the south side of the road within the highway
right-of-way. Construction of Iowa 32 was preceded by an environmental assessment, which included public
meetings and required formal hearings about the roadway design and the location of the bike/hike trail in the
highway right-of-way. The IDOT used a variety of communication media to keep local officials, adjoining
property owners, and the general public informed during the environmental analysis, the project design phase,
and then construction.
In 2004, DMATS began another update of the Long Range Transportation Plan. Updating the bicycle and
pedestrian component of this plan involved open meetings and public hearings with interested user groups,
such as local bicycle and running clubs, bicycle shop owners, the Dubuque County Conservation Board,
which manages the County's 26 -Mile Heritage Trail, and other trail stakeholders.
In July 2005 a grass roots effort of community citizens gathered to envision the future of the greater Dubuque
area. Through this process several hundred ideas were voted on by the community to come up with Envision
2010: Ten Community Projects by 2010. An integrated walking, biking, hiking trail system was one of those
Envision 2010 top 10 ideas. Walking, biking, and hiking are popular recreational activities and are increasingly
becoming important as "alternative transportation modes." The Tri-State Area Integrated Walking, 'Biking,
Hiking Network Plan encompasses the DMATS area. Tri-State Trail Vision, a non-profit group, worked with
DMATS staff to host a public input session on the draft Plan. Over 200 people attended, and their comments
were incorporated into the Plan. This Plan was approved by the DMATS Board on August 13, 2008 and by the
Dubuque City Council in May, 2009.
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DNR Form 542-0128
SECTION II -APPLICATION
The City of Dubuque has included the construction of the Iowa 32 (Northwest Arterial) Bike/Hike Trail in its
five-year Capital Improvement Program (CIP). The CIP budget is reviewed at public hearings each year as
part of the Dubuque City Council's budget process. The City budget is also available for public review and
comment at City Hall, the Carnegie -Stout Public Library, and on the City of Dubuque's website. The schedule
of public hearings for the City budget is provided to local media and posted on City Channel 8, the City's
public access television channel.
The City Council considers proposed applications for state and federal grants at its regular meetings, which
are open to the public. Agendas and minutes are posted on the City website and published in the local
newspaper in accordance with Iowa Code. During bidding and construction of all City trail projects, public
notification and participation continues through posting of Dubuque City Council agendas, bid documents, and
construction contract awards in the local newspaper, on City Channel 8, at the Carnegie -Stout Public Library
and City Hall, and on the City website. Public hearings are conducted by the City Council prior to bidding and
upon award of a construction contract. The City typically invites adjoining property owners to neighborhood
meetings during project design and prior to construction for better communication and coordination.
b. What information was made available to the public for review and comment?
Please see answer to 14.a. above.
Did the sponsor provide written responses addressing the comments? Yes ❑ No El
If Yes, include responses with this PD/ESF submission. ❑ attached.
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).
Phase 4 of the Iowa 32 Bike/Hike Trail is closely tied to many of the priorities and issues of the Iowa
Statewide Comprehensive Outdoor Recreation Plan (SCORP). The SCORP comments that the three most
important values for quality trail experience are: health and fitness, aesthetic beauty, and natural area
preservation of open space. The SCORP calls for the "expansion and acquisition, development and
management of existing...wetlands, recreation and wildlife areas and a need to increase awareness of wildlife
diversity programs and non -consuming enjoyment of wildlife on all lands". Phase 4 of the Iowa 32 Bike/Hike
Trail will provide ready opportunities for health and fitness, aesthetic beauty and appreciation of open space.
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 ® No ❑ If so, briefly describe the larger effort, funding amount(s) and source(s).
Larger effort Amount Source
Iowa 32 Bike/Hike Trail (Phases 1-3)
$ 800,000 City Funds and IDNR REAP Grants
17. List all required federal, state, and local permits/approvals needed for the proposal and explain their purpose
and status.
Appplication will be made upon award of LWCF funding for an IDOT Permit to work in the Right -of -Way
18. Describe the historical, archaeological and architectural features on the site. List any previous historical or
archaeological surveys and inventories that have been recorded with the State Historic Preservation Office,
including the SHPO R&C #. This information will be used to determine if there is an adverse effect in the Area
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DNR Form 542-0128
SECTION 11 -APPLICATION
of Potential Effects (the entire area encompassing the project site and proposed excavation, outlined on a
map).
None. The project site is the highway right-of-way. FHWA-Iowa EIS 78-01-F Dubuque North-West Arterial -
Final Environmental Impact Statement was completed in 1979 for the U.S. Department of Transportation FHA, Iowa
DOT Highway Division, and City of Dubuque, Iowa.
19. Applicant historical properties determination. To the best of your knowledge, check one of the following below.
The State and National Park Service will consult with the State Historic Preservation Office based on the
information you provide. The State Historic Preservation Office will make a final determination on an adverse
effect.
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, including:
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
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 applicant's
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 the criteria of adverse effect under 800.5, propose that the project be
considered to have (Check One):
❑ 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
0 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
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.
FHWA-Iowa EIS 78-01-F Dubuque North-West Arterial -Final Environmental Impact Statement, completed in
1979 for the U.S. Department of Transportation FHA, Iowa DOT Highway Division, and City of Dubuque, Iowa.
2. Description of the proposed action and alternatives.
The transportation priorities in 1970 included a northwest expressway that would bypass Dubuque by linking
U.S. 20 with U.S. 52. The EIS considered construction alternatives for a northwest expressway, the Dubuque
North-West Arterial, and a Do Nothing Alternative.
3. Who was involved in identifying resource impact issues and developing the proposal including the interested
and affected public, government agencies, and Indian tribes.
U.S. Department of Transportation FHA, Iowa DOT Highway Division, and City of Dubuque, Iowa.
4. Environmental resources analyzed and determination of impacts for proposed actions and alternatives.
As required by NEPA and documented in EIS
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DNR Form 542-0128
SECTION I I - APPLICATION
5. Any mitigation measures to be part of the proposed action.
As required by NEPA and documented in EIS
6. Public comment periods (how long, when in the process, who was invited to comment) and agency response.
As required by NEPA and documented in EIS
7. Any formal decision and supporting reasons regarding degree of potential impacts to the human environment.
As required by NEPA and documented in EIS
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.
HWA-Iowa EIS 78-01-F Dubuque North-West Arterial -Final Environmental Impact Statement was completed in
1979 for the U.S. Department of Transportation FHA, Iowa DOT Highway Division, and City of Dubuque, Iowa.
Phase 4 of the Iowa 32 Bike/Hike Trail will be located within the right-of-way for four -lane Iowa 32 from Holliday
Drive to Pennsylvania Avenue. The IDOT conducted an environmental impact analysis of the highway route to
identify and mitigate impacts to environmental, economic, and social features as well as historic, archeological,
and architectural features/resources prior to construction of four -lane Iowa 32. As a result, Phase 4 of the
Iowa 32 Bike/Hike Trail will not impact any such features.
Use resource impact information generated during previous environmental reviews described above and from
recently conducted site inspections to complete the Environmental Screening Form (ESF) portion of this PD/ESF
under Step 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.
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DNR Form 542-0128
SECTION II - APPLICATION
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 mus
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:
® 1. meets criteria to be categorically excluded (CE) from further NEPA review and no additional
environmental documentation is necessary
CE# C.(8) (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 adequate 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
issuesidentified on the ESF for this proposal must be presented and analyzed in an attached EA/EIS. Consult the
LWCF Manual for further guidance 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 negative 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 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.
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DNR Form 542-0128
SECTION 11 - APPLICATION
A. ENVIRONMENTAL RESOURCES Applicable-
Indicate potential for adverse impacts. Use a Resource
separate sheet to clarify responses per does not
instructions for Part A on page 9. exist
1. Geological resources: soils, bedrock,
slopes, streambeds, landforms, etc.
2. Air quality
No/Negligible More Data
Impacts -Exists Minor Impacts Needed to
but no or Impacts Exceed Minor Determine Degree
negligible EA/EIS required of Impact
impacts EA/EIS required
® 0 ❑ 0 ❑
0 0 ❑ ❑
3. Sound (noise impacts) ® ❑ ❑ 0 ❑
4. Water quality/quantity ® ❑ 0 ❑ ❑
5. Stream flow characteristics ® ❑ 0 0 0
6. Marine/estuarine ® 0 0 0 0
7. Floodplains/wetlands 0 0 0 0 ❑
8. Land use/ownership patterns; property ® 0 0 0 0
values; community livability
9. Circulation, transportation 0 0 0 0 0
10. Plant/animal/fish species of special
concern and habitat; state/federal 0 0 0 0 0
listed or proposed for listing
11. Unique ecosystems, such as
biosphere reserves, World Heritage ® 0 0 0 0
sites, old growth forests, etc.
12. Unique or important wildlife/ wildlife ® 0 0 0 0
habitat
13. Unique or important fish/habitat 0 0 0 0 0
14. Introduce or promote invasive ® 0 0 0 0
species (plant or animal)
15. Recreation resources, land, parks,
open space, conservation areas, ® 0 0 0 0
rec. trails, facilities, services,
opportunities, public access, etc.
16. Accessibility for populations with ® 0 0 0 0
disabilities
17. Overall aesthetics, special ® 0 0 0 0
characteristics/features
18. Historical/cultural resources,
including landscapes, ethnographic, ® 0 0 0 0
archeological, structures, etc. Attach
SHPO/THPO determination.
19. Socioeconomics, including
employment, occupation, income ® 0 0 0 0
changes, tax base, infrastructure
20. Minority and low-income populations ® 0 0 0 0
21. Energy resources (geothermal, fossil ® 0 0 0 0
fuels, etc.)
22. Other agency or tribal land use pians ® 0 ❑ 0 0
or policies
23. Land/structures with history of
contamination/hazardous materials ® 0 0 0 0
even if remediated
24. Other important environmental
0 0 0 0 - 0
resources to address.
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DNR Form 542-0128
SECTION 11 - APPLICATION
B. MANDATORY CRITERIA
If your.LWCF proposal is approved, would it..;.
1. Have significant impacts on public health or safety?
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.O
11988); and other ecologicallysignificant 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
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
Critical Habitat for these 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
sacred 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 such species (Federal Noxious
Weed Control Act and Executive Order 13112)?
Environmental Reviewers
❑ ® 0
❑ ® 0
❑ El 0.
❑ ® 0
❑ ® 0
❑ ® 0
❑ ® ❑.
❑ 0 0
❑ ® 0
❑ ® 0
❑ ®
0
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, Iowa, Section 106 and Environmental Reviews
2. Jon Dienst, Civil Engineer, City of Dubuque, Iowa, Construction of Roads, Trails, Sidewalks
3. Marie Ware, Leisure Services Manager,City of Dubuque, Iowa, Park and Recreation Programs and Facilities
The following individuals conducted a site inspection to verify field conditions.
List name of inspector(s), title, agency, and date(s) of inspection.
1. Laura Carstens, Planning Services Manager, August 1, 2013
2. Jon Dienst, Civil Engineer, August 1, 2013
3. Marie Ware, Leisure Services Manager, August 1, 2013
LWCF applicant signature here:
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DNR Form 542-0128
SECTION II - APPLICATION
National Environmental Policy Act
National Park Service -Land and Water Conservation Fund State Assistance Program
Categorical Exclusions for the LWCF Program
(Note: The following is a partial listing of NEPA Categorical Exclusions approved for use with the LWCF
application proposals)
A. Actions related to general administration
(1) Changes or amendments to an approved action when such changes would cause no environmental
impact. LWCF actions that are covered include amendments for:
- time extensions with no change in project scope or with a reduction in project scope;
- deleting work and no other work is added back into the project scope;
- changing project cost with no change in project scope or a reduction in project scope;
- making administrative changes that do not affect project scope.
B. Plans, studies, and reports
(6) Authorization, funding, or approval for the preparation of statewide comprehensive outdoor recreation
plans (SCORPs).
C. Actions related to development
(1) Land acquisition within established park boundaries, if future anticipated uses would have no
potential for environmental impact.
(2) Land exchanges that will not lead to anticipated changes in the use of land and that have no potential
for environmental impact. For LWCF, some small conversions may meet this criterion. See the LWCF
Manual Chapter 8 for further guidance.
(3) Installation of LWCF eligible signs, displays, and kiosks.
(4) Replacement in kind of minor structures and facilities with little or no change in location, capacity, or
appearance --for example, comfort stations, pit toilets, fences, kiosks, signs and campfire circles.
(5) Repair, resurfacing, striping, installation of traffic control devices, and repair/replacement of
guardrails, culverts, signs, and other minor existing features on existing roads when no potential for
environmental impact exists.
(6) Changes in sanitary facilities operation resulting in no new environmental effects.
(7) Installation of wells, comfort stations, and pit or vault toilets in areas of existing use and in developed
areas.
(8) Minor trail relocation or development of compatible trail networks on logging roads or other
established routes.
(9) Upgrading or adding new overhead utility facilities on existing poles, or on replacement poles that do
not change existing pole line configurations.
(10) Installation of underground utilities in areas showing clear evidence of recent human disturbance or
areas within an existing road prism or within an existing overhead utility right-of-way.
(11) Minor landscaping in areas showing clear evidence of recent human disturbance.
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DNR Form 542-0128
SECTION 11 - APPLICATION
(12) Installation of fencing enclosures, exclosures, or boundary fencing posing no effect on wildlife
migrations.
F. Actions related to grant programs
(1) Proposed actions essentially the same as those listed in paragraphs A-E above not shaded in gray.
(2) Grants for acquisition to areas that will continue in the same use or lower density use with no
additional disturbance to the natural setting or type of use.
(3) Grants for replacement or renovation of facilities at their same location without altering the kind and
amount of recreational, historical, or cultural resources of the area or the integrity of the existing setting.
(4) Grants for construction of facilities on lands acquired under a previous NPS or other federal grant,
provided that the development is in accord with plans submitted with the acquisition grant, and that
environmental documents have been completed on the impacts of the proposal funded by the original
grant.
(5) Grants for the construction of new facilities within an existing park or recreation area, provided that
the facilities will not:
(a) conflict with adjacent ownerships or land use, or cause a nuisance to adjacent owners or
occupants, such as would happen if use were extended beyond daylight hours.
(b) introduce motorized recreation vehicles, including off-road vehicles, personal water craft, and
snowmobiles.
(c) introduce active recreation pursuits into a passive recreation area.
(d) increase public use or introduce non -compatible uses to the extent of compromising the nature
and character of the property or causing physical damage to it.
(e) add or alter access to the park from the surrounding area.
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DNR Form 542-0128
SECTION 111 — GENERAL PROVISIONS
LAND AND WATER CONSERVATION FUND
r
PROJECT AGREEMENT GENERAL PROVISIONS
Part I - Definitions
3/01
A. The 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 Grants Manual (NPS -34).
D. The term "project" as used herein means a single project, a consolidated grant, a project element of a
consolidated grant, or project stage which is subject to the project agreement.
E. The term "State" as used herein means the State or Territory which 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 assistance
project creates an obligation to maintain the property described in the project agreement 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 moneys 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 following specific requirements and that it
will further impose these requirements, 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 that failure by such political subdivision or public agency to so comply 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 project
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
recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.
This replacement land becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at
the sole discretion of the Secretary, or his designee. Prior to the completion of this project, the State and the
Director may mutually alter the area described 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 Section 6(O(3) protection as Fund reimbursement is provided.
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SECTION 111 — GENERAL PROVISIONS
In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or
development of property subject to reversionary interests with full knowledge of those reversionary interests,
conversion of said property to other than public outdoor recreation uses as a result of such reversionary interest
being exercised is approved. In receipt of this approval, the State agrees to notify the Service of the conversion
as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these
provisions. The State further agrees to effectuate such replacement within a reasonable period of time,
acceptable to the Service, after the conversion of property takes place. 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 by
the United States would be inadequate 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.
D. The State agrees to comply with the policies and procedures set forth in the Land and Water Conservation Fund
Manual. Provisions of said Manual are incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described in the project agreement shall be operated and
maintained as prescribed by Manual requirements.
F. The State agrees that a permanent record shall be kept in the participant's public property records and available
for public inspection to the effect that the property described in the scope of the project agreement, and the
signed and dated project boundary map made part of that agreement, has been acquired or developed with
Land and Water Conservation 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.
G. Nondiscrimination
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 Part 111-I herein.
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 111 - Project Assurances
A. Applicable Federal Circulars
The State shall comply with applicable regulations, policies, guidelines and requirements including OMB Circular
A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments), 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance
Programs, Department of the Interior), A-87 (Cost Principles for State and Local Governments), and A-128
(Audits of State and Local Government) as they relate to the application, acceptance and use of Federal funds
for this federally assisted project.
B. Project 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
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DNR Form 542-0128
SECTION 111 — GENERAL PROVISIONS
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 ability and intention 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 project.
C. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a
waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the
project is completed or terminated sooner in which event the project shall end on the date of completion or
termination. For project elements added to a consolidated grant, the project period will begin on the date
the project element is approved.
2. 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 administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable time after receipt of
notification that funds have been approved and assure that the project will be prosecuted to completion
with reasonable diligence.
4. 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.
5. 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.
6. In the event the project covered by the project agreement, including future stages of the project, 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.
7. The State will provide for and maintain competent and adequate architectural/engineering supervision and
inspection at the construction site to 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.
8. 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. 91-646), 94 Stat. 1894 (1970), 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.
9. 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.
10. 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. 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.
11. The State will insure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be
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SECTION III — GENERAL PROVISIONS
utilized in the project is under consideration for listing by the EPA. The State agrees to comply with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. The State further
agrees to insert this clause into any contract or subcontract in excess of $100,000.
12. 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.
13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as follows:
(1)
(2)
(3)
Place minority business firms on bidder's mailing lists.
Solicit these firms whenever they are potential sources of supplies, equipment, construction, or
services.
Where feasible, divide total requirements into smaller needs, and set delivery schedules that will
encourage participation by these firms.
(4) For any project involving $500,000 or more in grant assistance (except for projects involving
acquisition only) the State or recipient shall submit, prior to the commencement of construction and
every fiscal year quarter thereafter until project completion, reports documenting the efforts to hire
minority business firms. These reports, SF 334, will be submitted one month following the end of
each fiscal quarter (i.e., January 31, April 30, July 31, and October 31) to the appropriate National
Park Service Regional Office.
The Department of the Interior is 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.
The National Park Service Regional Offices will work closely with the States to ensure full compliance and
that grant recipients take affirmative action in placing a fair share of purchases with minority business
firms.
(5)
14. The State will comply with the intergovernmental review requirements of Executive Order 12372.
D. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or
subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing
the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions
appearing at Part III -J herein.
3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and General
Government Appropriations Act), for procurement of goods and services (including construction services)
having an aggregate value of $500,000 or more, the amount and percentage (of total costs) of federal
funds involved must be specified in any announcement of the awarding of a contract.
E. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant
shall be retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall
be retained beyond the three-year period if audit findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project or the consolidated
project element.
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SECTION III — GENERAL PROVISIONS
3. State and local governments are authorized to substitute microfilm copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access to any books, documents, papers, and records of the State
and local governments and their subgrantees which are pertinent to a specific project for the purpose of
making audit, examination, excerpts and transcripts.
F. 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 or consolidated project element at any time prior to the first
payment on the project or consolidated project element. 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,
together with the effective date. Payments 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 after the effective date, and shall
cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the
Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination.
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 returned.
G. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally
appropriated funds have been paid or will be paid, by or on behalf of the State, 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 the awarding, extension, continuation, renewal,
amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as
follows:
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 contract, 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 Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify accordingly.
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DNR Form 542-0128
SECTION III — GENERAL PROVISIONS
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.
H. Provision of a Drug -Free Workplace
In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug-free workplace 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 a 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 occurring 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 include the identification
number(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, consistent
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 by 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 workplace through implementation of paragraphs (a),
(b), (c), (d), (e) and ().
The State must include with its application for assistance a specification of the site(s) for the performance of work to be
done in connection with the grant.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will
comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national
origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on
the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits
discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United
States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied
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SECTION 111 — GENERAL PROVISIONS
the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant.
THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate
this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received
or benefitted from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to
the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such
property, any transferee, for the period during which it retains ownership or possession of the property. In all other
cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is
extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by
the Department, including installment payments after such date on account of applications for Federal financial
assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the
representations and agreements made in this assurance, and that the United State shall have the right to seek judicial
enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and
subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf
of the Applicant.
J. Debarment and Suspension
Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
(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, declared ineligible, or voluntarily excluded
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) transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, 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 commission 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 local) 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.
The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier
participants in the implementation of this grant. Department of Interior Form 1954 (DI -1954) may be used for this
purpose.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this application.
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SECTION 111 — GENERAL PROVISIONS
In addition to applicable state and local laws, and regulations, the state, grantee and any contractors hired to
construct a project for this agreement must comply with the following federal legislation:
1. Rehabilitation Act of 1973.
2. Americans with Disabilities Act of 1990.
3. National Environmental Policy Act of 1969 (P.L. 91-190).
4. Federal Water Pollution Control Act of 1972. 404 permit through Corps of Engineers.
5. Endangered Species Act of 1973 (P.L. 93-205).
6. Copeland Anti -Kickback Act. Construction projects must comply with this Act
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DNR Form 542-0128
SECTION 111 — GENERAL PROVISIONS
U.S. Department of the Interior
Certifications Regarding Debarment, Suspension and
Other Responsibility Matters, Drug -Free Workplace
Requirements and Lobbying
Persons signing thisform should refer to the regulations
referenced below for complete instructions:
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions - The
prospective primary participant further agrees by submitting
this proposal that it will include the clause titled,
"Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction," provided by the department or agency
entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations
for lower tier covered transactions. See below for language to
be used; use this form for certification and sign; or use
Department of the Interior Form 1954 (DI- 1954). (See Appendix
A of Subpart D of 43 CFR Part 12.)
PART A: Certification Regarding Debarment,
Covered Transactions
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions - (See
Appendix B of Subpart D of 43 CFR Part 12.)
Certification Regarding Drug -Free Workplace Requirements -
Alternate I. (Grantees Other Than Individuals) and Alternate II.
(Grantees Who are Individuals) - (See Appendix C of Subpart D
of 43 CFR Part 12)
Signature on this form provides for compliance with certification
requirements under 43 CFR Parts 12 and 18. The certifications
shall be treated as a material representation of fact upon which
reliance will be placed when the Department of the Interior
determines to award the covered transaction, grant, cooperative
agreement or loan.
Suspension, and Other Responsibility
Matters - Primary
® 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, declared ineligible, or voluntarily excluded
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) transaction or contract under a public transaction;
violation 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 commission 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 local) 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 IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE
(1)
The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
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DI02010
March 1995
(This form consolidates 0101953, 0101954,
0101855, 0101956 and 0101963)
DNR Form 542-0128
SECTION III — GENERAL PROVISIONS
PART C:Certification Regarding Drug -Free Workplace Requirements
® CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL.
Alternate I. (Grantees Other Than Individuals)
A. The grantee certifies that it will or continue to provide a drug-free workplace 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 occurring 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 include the identification numbers(s) of each affected grant;
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,
consistent 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 by 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 workplace 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:
(f)
Place of Performance (Street address, city, county, state, zip code)
City of Dubuque
City Hall - 50 W. 131h Street
Dubuque, Iowa 52110
® Check if there are workplaces on file that are not identified here.
09/2013 crnz
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0102010
March 1995
(This form consolidates 0101953, 0101954,
DE 11955, 0101956 and 0101963)
DNR Form 542-0128
SECTION 111 — GENERAL PROVISIONS
PART D: Certification Regarding Drug -Free Workplace Requirements
❑ CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL.
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,
distribution, 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 occurring 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 include the identification number(s) of each affected
grant.
PART E: Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
® CHECK IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND
THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT'
SUBCONTRACT, OR SUBGRANT 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 $100,000,
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
contract, 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 Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, 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 hereby certify that the above specified certifications are true.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TYPED NAME AND TITLE Roy D. Buol, Mayor
DATE March 17, 2014
09/2013 cmz
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DIt 12010
March 1995
(This form consolidates D1(11951, 0101954,
01111955, 0101956 and 0101963)
DNR Form 542-0128
SECTION III — GENERAL PROVISIONS
LAND AND WATER CONSERVATION FUND
MINORITY IMPACT STATEMENT
Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa
which are due beginning January 1, 2009 shall include a Minority Impact Statement. This is the state's mechanism
to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on
minority groups.
Please choose the statement(s) that pertains to this grant application. Complete all the information
requested for the chosen statement(s).
❑ The proposed grant project programs or policies could have a disproportionate or unique positive impact on
minority persons.
Describe the positive impact expected from this project
Indicate which group is impacted:
Women
O Persons with a Disability
❑ Blacks
❑ Latinos
Asians
❑ Pacific Islanders
American Indians
Alaskan Native Americans
Other
❑ The proposed grant proect programs or policies could have a disproportionate or unique negative impact on
minority persons.
Describe the negative impact expected from this project
Present the rationale for the existence of the proposed program or policy.
Provide evidence of consultation of representatives of the minority groups impacted.
Indicate which group is impacted:
Women
Persons with a Disability
Blacks
Latinos
Asians
Pacific Islanders
American Indians
Alaskan Native Americans
Other
® The proposed grant pro'ect programs or policies are not expected to have a disproportionate or unique impact
on minority persons.
Present the rationale for determining no impact.
The project is open free of charge to all residents and visitors in the Dubuque area.
I hereby certify that the information on this form is complete and accurate, to the best of my knowledge:
Name: Laura Carstens
Title: Planning Services Manager
09/2013 cmz
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DNR Form 542-0128
r
SECTION III — GENERAL PROVISIONS
MINORITY IMPACT STATEMENT - DEFINITIONS
"Minority Persons", as defined in Iowa Code Section 8.11, mean individuals who are women, persons with a
disability, Blacks, Latinos, Asians or Pacific Islanders, American Indians, and Alaskan Native Americans.
"Disability", as defined in Iowa Code Section 15.102, subsection 5, paragraph "b", subparagraph (1):
b. As used in this subsection:
(1) "Disability" means, with respect to an individual, a physical or mental impairment that substantially limits one or
more of the major life activities of the individual, a record of physical or mental impairment that
substantially limits one or more of the major life activities of the individual, or being regarded as an
individual with a physical or mental impairment that substantially limits one or more of the major life
activities of the individual.
"Disability" does not include any of the following:
(a) Homosexuality or bisexuality.
(b) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments or other sexual behavior disorders.
(c) Compulsive gambling, kleptomania, or pyromania.
(d) Psychoactive substance abuse disorders resulting from current illegal use of drugs.
"State Agency", as defined in Iowa Code Section 8.11, means a department, board, bureau, commission, or other
agency or authority of the State of Iowa.
09/2013 cmz
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DNR Form 542-0128
Project Location: Iowa 32 Bike/Hike Trail - Phase 4
Dubuque Area Bike/Hike Trail Network