Project Memo. IDNR State Revolving Fund

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Howard Conley
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Project Memo IDNR State Revolving Fund To: DWSRF File: FS-97-13-DWSRF-001 From: Tiffany Wilson Lillard Date: 12/22/15 Re: Environmental Review Process for SRF-funded Utility Relocation as a Result of

3 Project Memo IDNR State Revolving Fund To: DWSRF File: FS DWSRF-001 From: Tiffany Wilson Lillard Date: 12/22/15 Re: Environmental Review Process for SRF-funded Utility Relocation as a Result of Iowa DOT Hamilton Boulevard Outfall Channel Reconstruction & I-29 Expansion Project Background The City of Sioux City, Iowa is planning to relocate existing buried utilities along the I-29 corridor as a result of the Iowa DOT I-29 expansion project. The utility relocation is scheduled to take place in multiple phases over the next several years. The city has applied for financial assistance through the Iowa State Revolving Fund (SRF) loan program to complete the utility relocation project. SRF has completed environmental review for sanitary sewer, water main and electrical feeder replacement included in the scope of the I-29 utility relocation project on multiple occasions (FNSI issued 4/13/12; Reaffirmation issued 2/19/14; 2 nd Reaffirmation issued 8/18/14). The IDOT recently added a storm sewer drainage improvement project in conjunction with the I-29 expansion project. The storm water drainage improvements include installing new culverts underneath I- 29 as well as reconstructing the existing Hamilton Boulevard outfall channel and the north and west connecting drainage channels. As a result, the city has plans to remove/replace additional sections of raw water main between I-29 and the Missouri River along with electrical conduit serving the raw water wells in the vicinity. Existing water main and electrical feeder lines in the area will either be removed or abandoned. The utility relocation work as a result of the proposed Hamilton Boulevard outfall channel reconstruction was not included in previous SRF environmental review. SRF determined a 3 rd Reaffirmation can be issued to include the utility relocation work in conjunction with the Hamilton Boulevard outfall channel reconstruction project as soon as 1) the Iowa SHPO provides concurrence with no historic properties affected (SHPO concurrence received 8/31/15), and 2) a copy of all required permits for flood plain development and impacts to waters of the U.S. as a result of the project have been received. Joint Application & Army Corp Permit The IDOT submitted a Joint Application to the U.S. Army Corps of Engineers (ACE) on September 4, 2015 describing the project scope and the anticipated wetland impacts as a result of the proposed Hamilton Boulevard outfall channel reconstruction. To compensate for unavoidable impacts to existing wetlands, IDOT plans to provide on-site, in-kind mitigation as part of the project. On November 4, 2015, ACE concurred with IDOT mitigation plan and authorized the outfall channel reconstruction project to take place under Nationwide Permit No 14 including all special, regional and general conditions.

4 After reviewing the Joint Application submittal to ACE, it appears IDOT did not include the utility relocation work as part of the project scope. A phone call on December 2, 2015 to Marc Solberg, writer of the IDOT Joint Application submittal to ACE, confirmed that the IDOT assessment included the project area for the Hamilton Boulevard outfall channel reconstruction as well as the rest of the IDOT right-of-way in the vicinity. Therefore, the IDOT permit determination covers any and all proposed work for the project whether expressly written or implied. Conclusion 1: Although the utility work was not included in the project scope submitted by IDOT to ACE, the utility relocation work would not be necessary if not for the proposed Hamilton Boulevard outfall channel reconstruction project. In addition, the proposed utility relocation work is located entirely within the project area for the Hamilton Boulevard outfall channel reconstruction project. Given this information, SRF has determined that the ACE permit issued for the Hamilton Boulevard outfall channel reconstruction project also covers the utility relocation work as a result of the project. Also, in the Joint Application submittal IDOT stated they had determined the project did not require permits from the Iowa Department of Natural Resources for Flood Plain Development or Sovereign Lands. Flood Plain & Sovereign Lands Permits Although IDOT determine no DNR Floodplain or Sovereign Lands permits were required for the Hamilton Boulevard outfall reconstruction project, SRF decided to follow up with Iowa DNR to verify the IDOT determination as well as find out if a local flood plain development permit would be required for the utility relocation work. In a response from Kelly Stone, who is with the Iowa DNR Flood Plain Management Section, he confirmed that even if some of the utility relocation work is within a mapped flood plain, DNR would not need to issue a flood plain development permit. In addition, the DNR Sovereign Lands program would not need to issue a Sovereign Lands construction permit as the project will not take place in the Missouri River. However, Kelly mentioned that any excavation or fill placement in the flood plain as a result of the project would need to be permitted by the City of Sioux City under their delegated authority (to issue flood plain permits for some types of flood plain work). Conclusion 2: The City of Sioux City must issue a permit for any work in a flood plain as a result of the utility relocation and/or Hamilton Boulevard outfall channel reconstruction project in accordance with their local flood plain regulations. A call was made on December 7, 2015 to Dawn Horner with HR Green, engineering firm in charge of the utility relocation work, to discuss the conclusions above and determine if the city had issued a flood plain development permit for the IDOT Hamilton Boulevard outfall channel reconstruction project or utility relocation work to date. Dawn was going to follow up with the city to get a flood plain development permit issued as soon as possible. The city issued a flood plain development permit for the channel reconstruction and utility work on December 17, 2015.

USGS 7.5 Minute Quadrangle: Sioux City South Sections: 28, 29, 30, 32, 33 & 34, Township: 89 N, Range: 47 W Date: 1993 Scale: 1 Inch = 2,000 Feet North Source: Wikipedia, 2011.

5 USGS 7.5 Minute Quadrangle: Sioux City South Sections: 28, 29, 30, 32, 33 & 34, Township: 89 N, Range: 47 W Date: 1993 Scale: 1 Inch = 2,000 Feet North Source: Wikipedia, REVISED Approximate USGS Topographic Map (West) Sioux City I-29 Utility Relocation REVISED August 2015 Sioux City, IA State Revolving Fund 502 E 9 th Street Des Moines, IA

USGS 7.5 Minute Quadrangle: Sioux City South Sections: 28, 29, 30, 33 & 34, Township: 89 N, Range: 47 W Date: 1993 Scale: 1 Inch = 2,000 Feet North Source: Wikipedia, 2011.

6 USGS 7.5 Minute Quadrangle: Sioux City South Sections: 28, 29, 30, 33 & 34, Township: 89 N, Range: 47 W Date: 1993 Scale: 1 Inch = 2,000 Feet North Source: Wikipedia, REVISED Approximate USGS Topographic Map (East) Sioux City I-29 Utility Relocation REVISED August 2015 Sioux City, IA State Revolving Fund 502 E 9 th Street Des Moines, IA

Proposed water main Proposed electrical feeder Remove/abandon water main/electrical feeder Proposed re-grading of drainage ditch Site Sketch (1 of 7) Provided

7 Proposed water main Proposed electrical feeder Remove/abandon water main/electrical feeder Proposed re-grading of drainage ditch Site Sketch (1 of 7) Provided by HR Green (December 2011) Sioux City I-29 Utility Relocation REVISED August 2015 Sioux City, IA State Revolving Fund 502 E 9 th Street Des Moines, IA

Understanding Drainage Options What s Feasible and Legal. February 2019

Understanding Drainage Options What s Feasible and Legal February 2019 Outline for the Presentation Do you need a permit? Does common law apply? Does local government approve it? Will my neighbor allow