HomeMy WebLinkAboutCity of Evansdale-3/2/2015CITY OF WATERLOO
Council Communication
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Resolution approving Vegetation Variance Agreement between the City of Waterloo, .S. y
Corps of Engineers, and the City of Evansdale to allow for specific and limited variance from the /'
U.S. Army Corps of Engineers vegetation standards; and authorize Mayor and City Attorney toi
execute said documents.
City Council Meeting: 3/2/2015
Prepared: 2/24/2015
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Resolution approving Vegetation Variance Agreement between the
City of Waterloo, U.S. Army Corps of Engineers, and the City of
Evansdale to allow for specific and limited variance from the U.S.
Army Corps of Engineers vegetation standards; and authorize Mayor
and City Attorney to execute said documents.
Submitted By: Jamie Knutson, PE, Associate Engineer
This agreement requires the cities to cut down trees within five (5) feet
of the levy versus fifteen (15) feet, which is the standard. This five
foot clearance will match the original construction of the levies by the
Corp of Engineers.
This agreement is available in the City Clerk's Office if you wish to
review it in its entirety.
Vegetation Variance Agreement
Addressing the Vegetation Standards for the following levee systems, which were constructed as part of a
single flood protection project:
Waterloo, IA – RDB Cedar River / LDB Black Hawk Ck. (North West) – NLD ID: 5105920001
Waterloo, IA – RDB Cedar River / RDB Black Hawk Ck. (South West) – NLD ID: 5105920002
Waterloo, IA – Waste Water Treatment Plant (South) – NLD ID: 5105920004
Waterloo & Evansdale, IA – LDB Cedar River – NLD ID: 5105920003
L Purpose. The purpose of this Agreement is to allow for specific and limited variance from U.S. Army
Corps of Engineers vegetation standards, for the levee systems named above.
II. Authority. This Agreement is made pursuant to the authority of Public Law 99, 84th Congress (Pub. L.
84-99), (33 U.S.C. 701n) (69 Stat. 186), as regulated by Title 33, Code of Federal Regulations, Sections
203 and 208.10, and as implemented by policy guidance letter, Subject: Policy Guidance Letter—
Requesting a Variance From Vegetation Standards for Levees and Floodwalls, dated TBD.
LIT. Applicability. This Agreement is applicable to the entirety of the above-named levee systems.
W. References.
A. Engineering Technical Letter (ETL) 1110-2-583, Guidelines for Landscape Planting and
Vegetation Management at Levees, Floodwalls, Embankment Dams and Appurtenant
Structures
B. Evansdale, Iowa Stage I, Waterloo Iowa Stage V -D, Local Flood Protection As -Built
Drawings, 1982.
C. Invitation For Bids for Local Flood Protection Project, Waterloo – Stage I, Cedar River,
Black Hawk County, Iowa, 1972
D. Local Flood Protection, Cedar River, Waterloo, Iowa, Design Memorandum No. 1, General
Design Memorandum, 1969 (Attachment 9)
A. Letter from the U.S. Fish and Wildlife Service to the US Army Engineer District Rock Island,
1963
B. Letter from the U.S. Fish and Wildlife Service to the US Army Engineer District Rock Island,
1982.
C. Waterloo Local Flood Protection Stage I As -Built Drawings, June 1971.
D. Waterloo Local Flood Protection Stage I -A As -Built Drawings, December 1973.
E. Waterloo Local Flood Protection Stage IIIA As -Built Drawings, April 1974.
F. Waterloo Local Flood Protection Stage V -C & .UI -C As -Built Drawings, February 1978.
G. Waterloo, Iowa and Evansdale, Iowa Local Flood Protection Projects, Final Periodic
Inspection Report, 10 March 2011.
H. Waterloo, Iowa WWTP Local Flood Protection Project, Final Periodic Inspection Report, 10
March 2011.
I. Waterloo, Iowa Local Flood Protection Project, Cedar River RDB & Black Hawk Creek
RDB, Final Periodic Inspection Report, 15 August 2012
J. Waterloo, Iowa Local Flood Protection Project, Cedar River RDB & Black Hawk Creek
LDB, Final Periodic Inspection Report, 15 August 2012
V. Scope.
A detailed description of the conditions proposed under this Agreement is provided in
Attachment 2.
VI. Actions During and After Emergencies.
A. Definition of Emergency. For the purposes of application of this Agreement, the term
"emergency" is defmed as any situation as declared by the District Commander in which a levee is
threatened with either failure or overtopping.
B. Definition of Flood Fight. For the purposes of application of this Agreement, the term "flood
fight" is defmed as actions taken immediately before or during a flood to protect human life and reduce
flood damages, such as evacuation, emergency sandbagging and diking, and providing assistance to flood
victims.
C. Conduct of Flood -Fight Activities. During an emergency, any responsible party engaged in
flood -fight activities, to specifically include the U.S. Army Corps of Engineers and the project sponsors
may take whatever actions are necessary to preserve the structural integrity of the levee systems
addressed by this Agreement. Actions necessary to preserve the structural integrity of the systems may
include removal of any and all vegetation on or near the levee or floodwall.
D. Rehabilitation. Any levee repairs, modifications, or improvements following the emergency
event shall be in accordance with current USACE vegetation management standards or the approved
vegetation variance for the levee systems.
VII. Obligations of the Levee Sponsors.
A. The sponsors agree to maintain the levee systems in accordance with the attached approved
vegetation variance and assume the responsibility for implementing and bearing the costs of any measures
that are required for compliance with the Endangered Species Act (ESA) or any mitigation requirements
that result from environmental compliance processes such as the National Environmental Policy Act
(NEPA) or required permits.
B. The sponsors agree to maintain the levee systems in accordance with this variance agreement
and assume the responsibility for implementing and bearing the costs of any measures that are required
for compliance with the ESA or any mitigation requirements that result from environmental compliance
processes such as the NEPA or required permits.
VIII. Notices.
A. All notices, requests, demands, and other communications required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered personally,
given by prepaid telegram, or mailed by first-class (postage prepaid), registered, or certified mail, to the
address provided.
B. A party may change the address to which such communications are to be directed by giving
written notice to the other parties in the manner provided in paragraph C (below).
C. Any notice, request, demand, or other communication made pursuant to this Article shall be
deemed to have been received by the addressee at such time as it is personally delivered, or, seven
calendar days after it is mailed.
IX. Expiration of this Agreement.
This Vegetation Variance is intended to be permanent. However, the Corps reserves the right to revoke
this Agreement if USACE determines that it results in conditions that threaten levee system reliability and
public safety.
X. Signatures.
In witness hereof, the parties hereto have executed this Agreement, which shall become effective upon the
date it is signed by the USACE District Commander.
THE DEPARTMENT OF THE ARMY
BY:
(signature)
(full name, typed)
DISTRICT COMMANDER
Rock Island District
DA1E
BY:
City • ` ' aterloo, Iowa
(signature)
Emest G. Clark, Mayor
(full name, typed)(title)
DA'I'h
XI. Certificate of Authority
CERI'IHCATE OF AUTHORITY FOR THE CITY OF WATERLOO, IOWA
I, Dave Zellhoefer, do hereby certify that I am the principal legal officer of the City of Waterloo, Iowa,
that the City of Waterloo, Iowa is a legally constituted public body with full authority and legal capability
to perform the terms of the Agreement between the Department of the Army and the City of Waterloo,
Iowa in connection with this Vegetation Variance Request and Agreement Addressing the
Vegetation Standards for Waterloo, IA — RDB Cedar River / LDB Black Hawk Ck. (North West) —
NLD ID: 5105920001, Waterloo, IA — RDB Cedar River / RDB Black Hawk Ck. (South West) —
NLD ID: 5105920002, Waterloo, IA — Waste Water Treatment Plant (South) — NLD ID:
5105920004, and Waterloo & Evansdale, IA — LDB Cedar River — NLD ID: 5105920003, and that the
persons who have executed this Agreement on behalf of the City of Waterloo, Iowa have acted within
their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this day of 20 .
BY:
Dave Zellheofer
City Attorney
BY:
City of Evansdale, Iowa
(signature)
Douglas Faas, Mayor
(full name, typed)(title)
DATE
CERTIFICATE OF AUTHORITY FOR THE CITY OF EVANSDALE, IOWA
L Craig Ament, do hereby certify that I am the principal legal officer of the City of Evansdale, Iowa, that
the City of Evansdale, Iowa is a legally constituted public body with full authority and legal capability to
perform the terms of the Agreement between the Department of the Army and the City of Evansdale,
Iowa in connection with this Vegetation Variance Request and Agreement Addressing the
Vegetation Standards for Waterloo & Evansdale, IA — LDB Cedar River — NLD ID: 5105920003, and
that the persons who have executed this Agreement on behalf of the City of Evansdale, Iowa have acted
within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this day of 20 .
BY:
Craig Ament
City Attorney
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REVIEW AND APPROVAL SIGNATURE SHEET
SUBMITTED BY: City of Waterloo, Iowa
(signature)
Eamest G. Clark, Mayor
(full name, typed) (title, in full)
DATE
SUBMITTED BY: City of Evansdale, Iowa
(signature)
Douglas Faas, Mayor
(full name, typed) (title, in full)
DATE
REVIEWED BY:
U.S. Army Corps of Engineers, Rock Island District
(signature)
Denny Lundberg, P.E.
(full name, typed)
Levee Safety Officer
DATE
ENDORSED BY:
U.S. Army Corps of Engineers, Risk Management Center
(signature)
(full name, typed)
Leader, Agency Technical Review Team
DATE
ENDORSED BY:
U.S. Army Corps of Engineers, Rock Island District
(signature)
(full name, typed)
Commander
DATE
REVIEWED BY:
U.S. Army Corps of Engineers, MSC
(signature)
(full name, typed)
Levee Safety Officer
DATE
ENDORSED BY:
U.S. Army Corps of Engineers, MSC
(signature)
(full name, typed)
Levee Safety Officer
DATE
APPROVED BY:
U.S. Army Corps of Engineers, HQ
(signature)
(full name, typed)
Levee Safety Officer
DATE