HomeMy WebLinkAboutU.S. Army Corps of Engineers-After the Fact Department of the Army Permit-4/27/2020DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, ROCK ISLAND DISTRICT
PO BOX 2004 CLOCK TOWER BUILDING
ROCK ISLAND, ILLINOIS 61204=2004
REPLY TO
ATTENTION OF
April 9, 2020
Operations Division
SUBJECT: CEMVR-OD-P-2019-926
Mr. Jamie Knutson
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Dear Knutson:
Please return this copy to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
Enclosed is a Department of the Army permit (in duplicate) which will authorize the After
the Fact work in conjunction with the site preparation and grading for a commercial development
in Section 20, Township 89 North, Range 12 West, Black Hawk County, Iowa.
If the permit is acceptable to you, please sign and date both copies of the permit (page 4).
Return both copies of the permit to this office at the following address, at the following address:
District Engineer
US Army Corps of Engineers, Rock Island District
ATTN: Regulatory Branch
Clock Tower Building
Post Office Box 2004
Rock Island, Illinois 61204-2004
The permit will become effective when signed by an authorized representative of this office.
A copy of the signed permit will be returned to you for your files.
If you do not accept the terms and conditions of this initial proffered permit, you may decline
and request that this initial proffered permit be modified by following procedures outlined in
Section I.A. of the attached Notification of Appeals Process. If you decline, however, you are
not authorized to commence work until you receive the appropriate Department of the Army
authorization. Your request must be received by the Rock Island District Engineer at the above
address by June 9, 2020.
Should you have any questions, please contact our Regulatory Branch by letter, or telephone
me at 309-794-5859.
Sincerely,
'. Digitally signed by
FROHLICH.ALBERT.1.1230323077` pRottuotueDtr�az3a3z3on
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Albert J. Frohlich
Project Manager, Iowa Section
Regulatory Branch
AFTER THE FACT DEPARTMENT OF THE ARMY PERMIT
Permit Number: CEMVR-OD-P-2019-926
Permittee: City Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Effective Date:
Expiration Date: 31 December 2023
Section 404
POC: Jamie Knutson
Tel: 319-2914312
Issuing Office: U.S. Army Corps of Engineers, Rock Island District
Clock Tower Building - P.O. Box 2004
Rock Island, Illinois 61204-2004
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future
transferee. The term "this office" refers to the appropriate district or division office of the Corps of
Engineers having jurisdiction over the permitted activity or the appropriate official of that office
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The Permittee has completed grading and filling for the mass grading of a 28-
acre site to be used for commercial development. The site is located between Martin Luther King
Drive and Newell Street within the City of Waterloo, Iowa. In addition to the grading for a
warehouse, the overall project includes the following, the installation of water and sewer lines,
access roads, parking areas, outdoor trailer storage, two dry detention basins, and Newell Street will
be widened to accommodate the additional traffic. On the west side of the parcel, a ditch was
excavated to convey water from an existing wetland and spring to the south. The ditch was
constructed through a portion of an upland buffer that was part of a wetland mitigation site for
CEMVR-RD-3536904. The ditch will be filled in at the boundary of the upland buffer and the
permit area for this action and water will be allowed to sheet flow across the area preserved for
353690-1.
Impacts from this project resulted from the placement of fill into wetlands at some time in 2017 and
2018. Three wetlands, Wetland B, C and D, were filled without a DA Permit. This impact resulted
in 2.02 acres of impact. Of the 2.02 acres, a portion of wetland B will be restored. The result is 1.88
acres of fill. In addition to this, Newell Street will be widened to accommodate the increased truck
traffic using the new facility. Approximately 0.32 acres of wetland will be impacted by this action.
Overall, this project will result in the loss of 2.2 acres of emergent wetland. To compensate for
these impacts, the Applicant will purchase wetland credits from an approved wetland mitigation
bank.
Project Location: Wetlands located on a 28-acre parcel of property in Section 20, Township 89
North, Range 12 West. The parcel of property is located between Martin Luther King Jr. Drive and
Newell Street within the City of Waterloo, Black Hawk County, Iowa. UTM NAD-83 Zone 15,
Latitude 42.511538, Longitude-92.295225.
1
Drawings) No. CEMVR-OD-P-2019-9zo Sheet 1 of 4 — Project Location
Sheet 2 of 4 — Wetland Impacts/Layout
Sheet 3 of 4 — Grading and Site Plan and Ditch
Sheet 4 of 4 - Newell Street Widening Permit
Conditions:
General Conditions:
I . The time limit for completing the work authorized ends on the date specified on page 1. If
you find that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before that date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this requirement
if you abandon the permitted activity, although you may make a good faith transfer to a third party,
in compliance with General Condition 4 below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a good faith transfer, you must obtain
a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archaeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of
what you have found. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places,
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the transfer
of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Special Conditions:
1. The Permittee shall provide the Corps of Engineers and Iowa Department of Natural
Resources Proof of Purchase from an Approved Wetland Mitigation Bank within 30 days of the
issuance date of this permit for the purchased 2.20 acres of emergent wetland mitigation credit.
2. The conditions listed in the Iowa Department of Natural Resources Water Quality
Certification dated February 10, 2019, No. 19-I-013-12-OS-S are considered special conditions of
the DA Permit.
3. Wetlands that have been identified as being avoided, shall be fenced off and protected
during construction. The remaining acreage of Wetland B shall not be graded or used as a storm
water detention basin without prior approval from the Corps.
2
4. The Permittee shall fill the ditch that extended across the upland buffer which was part of
CEMVR-RD-3536904. Water will be allowed to sheet flow across the upland buffer and the
boundary of this buffer shall be clearly marked upon completion of the restoration of this site.
5. Future work within the permit area shall be coordinated with this office for impacts to
wetlands.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
()Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
()Section 103 of the Marine Protection, Research and Sanctuaries Act
of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted actives or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any fiiture modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include, but
are not limited to, the following:
3
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest decision, the Corps will normally give
favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the
terms and conditions of this permit.
Permittee
This issuing officer for this permit is Steven M. Sattinger, Colonel, U.S. Army, District Engineer,
Rock Island District.
This permit becomes effective when the Federal official, designated to act for the Secretary of
the Army, and in accordance with CEMVR-QD-P appointment order 25 July, 2016 has signed
below.
Albert Frohlich Date
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date below.
Transferee
Date
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February xu, 2020
MR JAMIE KNUTSON
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO IA 50703
Dear Mr. Knutson:
IOWA DEPARTMENT OF NATURAL RESOURCES GOVERNOR KIM REYNOLDS
LT. GOVERNOR ADAM GREGG
DIRECTOR KAYLA LYON
After reviewing your request for State 401 Water Quality Certification (Certification), the Iowa Department of
Natural Resources has issued the enclosed Certification. Please read the attached conditions carefully before
beginning work on the project.
A copy of this Certification has been forwarded to the office of the Army Corps of Engineers as indicated
below.
If you have any questions or comments about the certification or any conditions contained therein, please
contact me at the address shown below or call (515) 725-8399.
Sincerely,
Christine M. Schwake
Environmental Specialist
cc; Mr. A) Frohlich, Department of the Army Corps of Engineers, Rack Island District (email)
502E 9Tt{ST, DES MOINES IA 50319
Phone: 515-725-8200 www.lowaDNR.Qov Fax: 515-725-8202
I:)WA DEPARTMENT OF NATURAL RESOURCES
SECTION 401 WATER QUALITY CERTIFICATION
Certification issued to: Effective: February 10, 2020
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Project certified: US Army Corps of Engineers, No. CEMVR-OD-P-2019-0926
State 401 Water Quality Certification, No. 19-I-01342-05-S
Project Description: The City of Waterloo seeks an After the Fact (ATF) Standard Individual Permit for the mass grading
of a 28-acre site to be used for commercial development in S20, T89N, R12W, in Black Hawk County. (The site Is
located between Martin Luther King Drive and Newell Street within the City of Waterloo). In addition to the
grading, the overall project includes the following, the installation of water and sewer lines, access roads,
parking areas, outdoor trailer storage, storm water management facilities and Newell Street will be widened to
accommodate the additional traffic expected. On the west side of the parcel, a ditch was excavated to convey
water from an existing wetland and spring to the south. The ditch was constructed through a wetland mitigation
site and will be re -graded into a shallow swale to convey water from the existing wetland and spring to the
south. Water will also be conveyed from the existing wetland along Newell Street into the roadside ditch that
will discharge into Blowers Creek to the east. Impacts from this project resulted from the placement of fill into
wetlands. This occurred prior to the issuance of a Department of the Army Section 404 Permit. Impacts totaling
2.20 acres occurred without a permit. To compensate for these impacts, the Applicant will purchase wetland
credits from an approved wetland mitigation bank at a 1:1 ratio.
Water quality use designation:
All surface waters in Iowa are classified for the following general uses: livestock & wildlife watering, noncontact
recreation, crop irrigation, and industrial, agricultural, domestic, and other incidental withdrawal uses.
The Iowa Department of Natural Resources (Iowa DNR) has issued this State 401 Water Quality Certification
(Certification) pursuant to Section 401 of the Clean Water Act {33 U.S.C. 1341}, The Army Corps of Engineers (Corps)
requires state Certification before a Section 404 permit can be issued. Section 401 Certification represents the Iowa
DNR's concurrence that the project certified is consistent with the Water Quality Standards of the state of Iowa as set
forth in Chapter 61, Iowa Administrative Code {567 IAC 61}.
Subject to the attached conditions, incorporated by reference herein, the Iowa DNR has determined that there is
reasonable assurance the proposed activities will be conducted in a manner that will not violate water quality standards
of the state of Iowa {567 IAC 61.2(2) and 567 IAC 61.3(2)}.
/^1
Prepared By; �� ��Q.(/J-(���i (/ / � f�, /LLci�t.� Date Executed: February 10, 2020
Christine M. Schwal<e, Iowa DNR, 502 East 9T" Street, Des Moines, IA 50319-0034 (515) 725-8399
GENERAL CONDITIONS
1, During construction and upon completion of the project, actions must betaken to prevent pollution affecting
public health, fish, shellfish, wildlife, and recreation due to turbidity, pH, nutrients, suspended solids, floating
debris, visible oil and grease, or other pollutants entering waters of the state;
2, Equipment used in waters of the state shall be cleaned of all hazardous materials, pesticides, fuels, lubricants,
oils, hydraulic fluids, or other construction -related, potentially hazardous, substances before arriving on site.
Wash water shall not be discharged into a water of the state;
3, All cleared vegetative material shall be properly managed in such a manner that it cannot enter a water of the
state and cause a violation of water quality standards;
4. All construction debris shall he properly managed in such a manner that it cannot enter a water of the state;
5. Erosion shall be managed so that sediment is not discharged to a water of the state in a manner that causes a
violation of water quality standards,
6, Riprap, if used, shall consist of clean material free of coatings of potentially hazardous substances. No asphalt or
petroleum -based material shall be used as or included in riprap material placed in any water of the state or
within the high-water table;
RECOMMENDATIONS
1. Prior to construction, the permittee is responsible for securing and for compliance with such other permits or
approvals as may be required by the Iowa DNR, federal, state, or local governmental agencies for the project
activities described,
2, You are responsible for ensuring that whoever performs, supervises, or oversees any portion of the physical
work associated with the construction of this project has a copy of, is familiar with, and complies with all the
terms and conditions of this Section 401 Water Quality Certificate as well as the associated Section 404 Permit.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A licant: Cit of Waterloo
File No.: 2019-926
Date: 4/9/2020
Attached is:
See Section below
X
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional
information may be found at http://usace.army.mil/inet/functions/cw/cecwo/ or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
v OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
o APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate
the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may rovide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact the Division Engineer through:
Albert J. Frohlich
Administrative Appeals Review Officer
USACE — Rock Island District — Regulatory Branch
US Army Engineer Division, Mississippi Valley
P.O. Box 2004
ATTN: CEMVD-PD-OD
Rock Island, IL 61204
P. O. Box 80
309-794-5859
Vicksburg, MS 39181-0080
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.