West 32nd Section 106 ComplianceTF~IE CTIY OF
DuB E
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MEMORANDUM
April 9, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: West 32nd Street Detention Basin -Lead Federal Agency for Section 106
Compliance
City Engineer Gus Psihoyos recommends City Council approval of an agreement
between the City of Dubuque, the US Army Corps of Engineers (USAGE), and the Iowa
Department of Natural Resources establishing the USAGE as the lead federal agency to
fulfill the responsibilities under 36 CF Part 800, Section 106 for the West 32"d Street
Detention Basin Project.
The purpose of 36 CFR Part 800, Section 106 (Section 106 Process) is to assure that
no unnecessary harm comes to historic properties as a result of federal action. In the
case of the West 32"d Street Detention Basin project, both the issuance of a federal
permit and the use of the State Revolving Fund Loan Program that was established with
federal funds constitute a federal act.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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L~i ~ 1~ ~ V
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DuB E MEMORANDUM
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April 6, 2007
TO: Michael C. Van Milligen, City Mana er
FROM: Gus Psihoyos, City Engineer
SUBJECT: West 32"d Street Detention Basin -Lead Federal Agency for Section 106
Compliance
INTRODUCTION
The purpose of this memo is to present an agreement between the City of Dubuque, the
US Army Corps of Engineers (USAGE), and the Iowa Department of Natural Resources
(IDNR) establishing the USAGE as the lead federal agency to fulfill the responsibilities
under 36 CFR Part 800, Section 106 for the West 32"d Street Detention Basin Project.
BACKGROUND
The laws of the United States and the State of Iowa have assigned the USAGE and the
IDNR with specific and different regulatory roles designed to protect the waters within
and on the State's boundaries. Section 404 of the Federal Water Pollution Control Act
(now called the Clean Water Act due to amendments in 1977) established a permit
program to be administered by the Corps of Engineers to regulate the non-point source
discharges into waters of the United States. The USAGE requires a Section 404 permit
to regulate activities such as the construction of the proposed West 32"d Street
Detention Basin project.
In November of 2006, the City Council approved an application for the use of
$2,458,000 in State Revolving Fund (SRF) Loans for the West 32"d Street Detention
Basin project.
DISCUSSION
The purpose of 36 CFR Part 800, Section 106 (Section 106 Process) is to assure that
no unnecessary harm comes to historic properties as a result of federal action. In the
case of the West 32"d Street Detention Basin project, both the issuance of a federal
permit and the use of the State Revolving Fund Loan Program that was established with
federal funds constitute a federal act.
The IDNR administers the SRF program. Because federal funds were the original
source used to establish the loan program, the IDNR has an obligation to ensure
compliance with the Section 106 process. And because the USACE issues the Section
404 permit, they have the same obligation. The purpose of the proposed agreement
between the City of Dubuque, USACE, and the IDNR is to establish that the USACE will
serve as the lead federal agency to ensure compliance with the Section 106 process for
the West 32"d Street Detention Basin Project.
RECOMMENDATION
I recommend that the City enter into the attached agreement establishing the USACE
as the lead federal a~ency to fulfill the responsibilities under 36 CFR Part 800, Section
106, for the West 32" Street Detention Basin Project.
ACTION TO BE TAKEN
I respectfully request that the City enter into the proposed agreement between the City
of Dubuque, USACE, and the IDNR.
Attachment
Prepared by Deron Muehring
cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer II
Lead Federal Agency Designation for
36 CFR Part 800, Section 106 Compliance
USACE Permit Recipient: City of Dubuque (IA)
Iowa Department of Natural Resources Recipient: City of Dubuque (CS192341 01)
Type of Project: Stormwater Location of Project: Dubuque, W. 32"d Street
Detention Basin
For the above-listed project, funded by the Iowa Department of Natural Resources (IDNR) and
permitted by the United States Army Corps of Engineers, the (please check one):
^ IDNR ®USACE
will act as the lead federal agency in fulfilling the Collective responsibilities under 36 CFR Part
800, Section 106 for the USACE Permit and IDNR SRF Recipient listed above. All submittals to
the State Historic Preservation Office (SHPO) will be made by the selected lead federal agency.
This is agreed to by the following parties:
IDNR Representative and Title
Date
Mayor, City of Dubuque
PermibSRF Recipient Chief Elected Official and Title Date
USACE Environmental Officer
Date
The designated Lead Federal Agency must send this signed form to the Iowa State
Historic Preservation Officer (SHPO) once it is signed by all parties listed.
K:\PROJECTS\Storm and Sanitary\W32nd St Detention Basin\IDNR &USACE Section 106 Lead Agency Agreement,
W32.doc