HomeMy WebLinkAbout20070507 - VI-26VI-26
MEMO
to: Honorable Mayor and City Council
From: Tom Montgomery
Date: May 1, 200?
Re: Renew Dredge Material Placement Permit off Lock & Dam Road -Corps of
Engineers
The Army Corps of Engineers' permit to dispose of dredge spoils at the existing
site at the upstream end of the Lock and Dam Road has expired, and the Corps is
requesting the City to grant a new five year permit. This dredge spoil site has been in
operation for a number of years with little disruption to area activities. The dredge spoil
is used by area contractors as fill material.
Council is requested to approve the Corps' request and authorize staff to sign the
enctosed permit.
~r
__
cm' of eksrn~ss
DEPARTMENT pF THE ARRAY
8t. PAIN. DNiTRNS'r, oURPE OF ENCaINEER$
SIBIEY SQUARE AT MEARS PARK
190 FlF'rH 8TREET EAST, SUITE 101
ST. PAUL NNf 55101-1139
April 11, 2007
Real Estate Division
Federal Acquisition & Management
Branch
Mr. Tom Montgomery
Director of Public Works
City of Hastings
1225 Progress Drive
Hastings, Minnesota 55033
Dear Mr. Morrtgomery:
This letter refers to your recent conversation with Dave BalLnan concerning obtaining a
new permit for the placement of dredged material on a portion of property owned by the City
that was purchased from Koch Industries, located in Dakota County, Minnesota.
Enclosed are three copies of the 5-yeaz permit for your review and execution. Please sign
and return two copies of the permit for dredged material placement to this office in the enclosed
postage-paid envelope. A countersigned copy of the permit will be returned to you for your
records.
If you have any questions, please call Dave Bauman at (651) 290-5373.
Thank you for your cooperation in this matter.
Sincerely,
Branch
& Management
Enclosures
..
DACW37-4-07-24
PERMIT FOR
DREDGED MATERIAL PLACEMENT
1. The City of Hastings, 101 East Fourth Street, Hastings, Minnesota, 55033,
hereinafter referred to as the Grantox, hereby grants to the United States ofAmerica, its officers,
agents, and employees; and its contractors, their agents and employees, hereinafter referred to as
the Government, permission to enter upon and use the following-de.4cribed land located in the
County of Dakota, State of Minnesota, during a period of Five (5) years, from and after the date
of this instrument, for the purpose of depositing material fmm dredging operations performed for
operation and maintenance of the 9-foot channel proj~ts on the Mississippi, Minnesota, and St.
Croix Rivers.
SEE ATTACHED MAP MARKED EXHIBIT "A", IDENTIFYINGTHE 4 ACRE DREDGED
MATERIAL PLACEMENT SITE LOCATION
2. Said dredged material may be deposited on the above-described lands in such a manner as
suits the convenience of the dredging operations without any obligation on the part of the
Government to level or otherwise dress the dredged material deposits.
3. All tools, equipment and other property taken upon or placed upon the land by the
Government shall remain the property of the Government and may be removed by the
Government at any dme within a reasonable period after the expiration of this instnrment.
4. The Grantor, owner of the above-described lands, in consideration of the benefits to be
received hereunder, does hereby expressly and fiilly release and foreverdischarge the
Government from all liability for any and all damage done or caused to be done, and does hereby
agree to hold and save said Government frce and harmless from any and all claims and demands
whatsoever for any damage to the above-described land, or any improvements or personal
property thereon, resulting from said dredging operations.
5. Disposal of dredged material is regulated under Section 4U4 of the Clean Water Act, and
dredged materials are evaluates! under Section 404(b) (1) of said Act. Dredged materials are not
subject to regulation as a hazardous waste; however, if the depositing of dredged material by the
Government under this permit somehow exposes the Grantor to liability for hazardous substances
and their clean-up, such Grantor liability will be excepted from the provisions of paragraph 4
above. The Government's liability under this clause is subject to availability of appropriations
NCS FL-48
(Rev. 10/96)
for such payments, and nothing contained in this permit may be construed as implying that
Congress will at a later date appropriate funds sufficient to meet any deficiencies.
6. The granting of this permission, right, privilege, and license does not obligate the
Government to perform any dredging operations for depositing of dredged material upon the
above-described property.
Dated:
la the presence of: Signature:
Witness -
Title:
Accepted this day of . 20_, on behalf of the United States of America.
sy:
Mark W. Nelson
Chief, Real Estate Division
NCS FL-48
(Rev. 10/96)
ea
ti
F
V
STOF~EL