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HomeMy WebLinkAbout20070205 - VIII-C-2VIII-C-2 MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: February 1, 2007 SUBJECT: Public Dock Permit RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take the following action relating to the construction of a public dock in the Mississippi River: a.) Authorization to execute signatures for the permit from the United States Army Corps of Engineers b.) Authorization to utilize Polaris Group for consulting engineering services relating to the Public Dock design, construction and installation. c.) Authorization to prepare plans and specifications and begin the process of securing contractors for: 1.) Installing protective pile clusters 2.) Constructing dock and landing platform 3.) Constructing the ramp to the land platform 4.) Installation of the dock, landing platform and ramp 5.) Constructing the access path, stairs and ramp abutment to the shores BACKGROUND On December 11, 2006 the City received the attached permit from the United States Army Corps of Engineers to construct a public dock in the Mississippi River. I have also enclosed a proposal from the Polaris Group outlining their scope of service to serve as the consulting engineer for the project. Joel Toso has been instrumental in assisting the City in receiving the permit, and will be in attendance at the meeting on Monday February 5`h, 2007 to shaze further information on the actual project, address any questions the City Council may have regazding the permit, and also discuss their proposal, should there be any questions. Joel Toso and I have reviewed the permit from the ACOE, and while there aze a few items worth noting, none warrant any major concern, or reason to avoid signature and acceptance of the permit. 1. Current permit is for 150 feet. Additional length maybe granted pending future monitoring and safety of the site. 2. Protective pile clusters must be installed. 3. No overnight mooring 4. Docking shall be limited to daylight hours. 5. Dock will need to be closed when certain high water levels are achieved to assure safety in the azea. 6. Installation of a public phone in the area will be needed 7. Preparation of an emergency response plan is necessary In addition to taking action on the items mentioned above, the City Council is asked to address any questions or concerns they may have as Joel Toso will be making a brief presentation on the public dock, and we will be able to answer questions. As this has been a long project to get to this point, Staff wanted to be certain we had ample opportunity to celebrate the success of the project, along with addressing any issues the City Council may have regarding the project. ~~P O L 8009 34'" AVENUE SOUTH January 18, 2007 A R I S* G SUITE 125 BLOOMINGTON, MN 55435 Mr. David Osberg Administrator City of Hastings 101 4th Street East Hastings, MN 55033-1955 R O U P 952.881.0878 Fwx: 952.881.0023 Re: Proposal for Consulting Engineering Services Related to Dock Design Dear Mr. Osberg: Thank you for this opportunity to present this proposal for phase two of engineering services related to design of a City dock on the Mississippi River adjacent to the downtown area of Hastings. This proposal is based on our meeting on December 18, 2006. Our original proposal related to the dock dated July 6, 2004 presented two phases of engineering work to establish the dock. The first phase included concept design and permitting. This is essentially been completed. We recently found that the protective pile clusters triggered a need for a MnDNR permit. Based on discussions with MnDNR staff we do not expect any significant problems with a permit. The second phase included adding further detail to the plans such as, specifications for dock anchoring and dock construction, prepazing bidding documents that meet City requirements, and obtaining bids from reputable contractors. There are five main construction tasks to establish the dock: 1. Installing the protective pile clusters and anchor piles for the dock, 2. Constructing the dock and landing platform, 3. Constructing the ramp to the landing platform, 4. Installing the dock, landing platform, and ramp; and 5. Constructing the access path, stairs, and ramp abutment on the shore. During our December meeting we discussed bidding options for this work. These tasks may be contracted with one general contractor or divided into sepazate contracts. The tasks are different enough that a general contractor will likely use two or more subcontractors to accomp}ish the work. After consideration we recommend the separating the work into separate contracts. There is a relatively small company, Portable Barge Services, located just across the river with Mr. David Osberg ~'dfiUfli'3' ~$, 200 Page 2 of 2 significant river work experience. We have been the engineer for several projects they have constructed and we are happy with their performance. They would be well qualified for Tasks I, 4, and 5, listed above. Tasks 2 and 3 could be let to one or two contractors specializing in dock construction. Whether the construction work is done through one or several contracts, the engineering tasks of the second phase fall are listed in the following table. A fee estimate for each task is also included. Task Description Fee Estimate 1 Complete the permitting process. We need to final the Corps permit and prepare a standard application to the MnDNR (see above}. $800 2 Collect detailed survey information of the dock location. The primary purpose is to provide a good basis for the dock access and ramp design. $1,960 3 Prepare plans and specifications for the construction work listed above (the piling, the dock, the ramp, and the access). $5,550 4 Meetings to discuss the plans and contracting. Three assumed. $],900 5 Assistance with contracting and construction observation. $6,000 Total $16,210 Contract assistance (addressing contractors concerns, requests for extras, etc.) and construction observation are the most difficult tasks to estimate. A "good" contractor would minimize this cost. We propose to work on a time and expenses basis with a cost not to exceed $16,210 without prior notification. I will be responsible for managing the work and see that it get completed efficiently. Other staff members that may be involved with the work will be Tom Johnson (senior engineer) and Tim Schutz (civil technician). We anticipate that we can complete the design work within four weeks from a notice to proceed. The construction schedule will depend on the river flow levels. Please contact me at 952-881-3050 if you have questions or need further information. We look forward to working with you. Sincerely, .-~54~ Joel Toso, P.E. Principal Engineer ,y~1 _~ >~~ ~ DEPARTMENT OF THE ARMY St. Paul District Corps of Engineers 190 Fifth Street East, Suite 40'1 St. Paul, Minnesota 55101-1683 REPLY TO DEC 5 ,v~Ju ATTENTION OF Operations Regulatory (2004-3779-JJY) Mr. David M. Osberg City Administrator, City of Hastings 101 4th Street East Hastings, Minnesota 55033-1955 Dear Mr.Osberg We have made a favorable determination on your Department of the Army permit application to construct a public dock in the Mississippi Rfver, at River Mile 814.1, Right Bank, in the SE 1/4 Sec. 21, T. 115 N., R. 21 W, City of Hastings, Dakota County, Minnesota. This project has been modified to incorporate protective pile clusters. Approximate UTM coordinates for this site are Zone I5, East 511410, North 4954745. Approximate Decimal Degree coordinates for the site are Latitude 44.746, Longitude -92.85587. Although this project primarily involves installation of a structure, it includes limited discharges of dredged or fill material insofar as it involves rearrangement of riprap (less than 10 cubic yards), and placement of the access ramp on the bank, below the ordinary high water mark of the river. Consequently, this work requires authorization under both Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Under Federal law, no Department of the Army (DA) permit can be issued until a State Section 401 water quality certification has been issued or the requirement for the certification has been waived. The Minnesota Pollution Control Agency (MPCA) waived Section 401 water quality certification for your proposed work on December ] 5, 2005. A copy of the waiver letter is enclosed for your information. The MPCA has not waived your responsibility to comply with the water quality standards contained in Minn. R. 7050 and other applicable MPCA statutes. Your permit and a Notification of Administrative Appeal Options and Process and Request for Appeal are enclosed. This permit includes special conditions regarding the size and use of the dock, installation of protective pile clusters, and monitoring of the dock operation. If the permit, with all conditions, is acceptable, the permittee or authorized representative should sign each copy on the line above the words "PERMITTEE SIGNATURE," add the date, print or type the signatory's name clearly underneath the signature, and return both forms to this office, Attention: Regulatory Branch (2004-3779-JJY). The District Engineer, or his designated representative, will then sign both copies and return one to you for your records. The permit is not valid without that signature. Printed on ®RecyUetl Pacer ~//~.~~5 ~lj Operations Regulatory (2004-3779-JJY) -2- If you disagree with the enclosed jurisdictional determination, you may provide new information. Please follow the directions in Section D of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal. If this permit is not acceptable and you would like to appeal the permit decision, please follow the directions in Section A of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal. The decision regarding this action is based on information found in the administrative record, which documents the District's decision-making process, the basis for the decision, and the final decision. If you have any questions, contact Mr. Joseph Yanta in our St. Paul office at (651) 290-5362. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Enclosures Copies furnished: CAPT S. K. Richey Commander, Marine Safety Office, St. Louis U.S. Coast Guard 1222 Spruce Street Suite 8.104E (cprev) St. Louis, Missouri 63103 Mich ae~l F fenm g ` Colonel, Corps of Engineers District Engineer LT Carl Kepper United States Coast Guard Marine Safety Detachment, St. Paul 1 Federal Drive, Suite G-762 Fort Snelling, Minnesota 55111 Mr. Samuel S. Dickey ACBL/RIAC 1701 East Market Street Jeffersonville, Indiana 47130-4717 Dr. Joel Toso Polaris Group 8009 34`~ Avenue South, Suite 125 Bloomington, Minnesota 55425-4803 1 41ob d1Y? ~i'"a /~~+~Y J~~fa N 4. wM"Iar'4 "4 n ~ MM1~Jt I~a r ~ INxWICf ~qCB NINx~I x~kFJ~" nllll x {, i 4 ,"' F ~ p (~ s ~ O ~ ~~ x /tt~ `f'M ~~ ~~~I!~r l~ IIAA E a ai }. ~~, i 4'~I v, ex~ i. ~ M TsT 3*u i. . ~ I i. , , 7,_ ~ ~ ~I 14 ..3 .z. 3r`~ x'y, ~ ~ `~ ~ ~ . ash ~, ~ . t a Applicant:. City of Hastings File Number 2004-3779-JJY Date©EC Q 5 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 X 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.atmy.mil/inet/functions/cw/cecwo/reg or Corps regulations at 33 CFR Part 331. A. INITIAL PROFERRED 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 approve jurisdictional determinations associated with the permit. • 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 11 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 al} rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • 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 II of this form and sending the form to the division engineer. This forth 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 [o 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: )f you disagree with the approved JD, you may appeal the approved JD 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. 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 ID (which may be appealed), by contacting the Corps district for further instmction. 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 provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFO RMATION. 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: Joseph I. Yanta Division Engineer U. S. Army Corps of Engineers, Regulatory Branch Appeal Review Office St. Paul District CEMVD 190 East Fifth Street, Suite 401 P. O. Box 80 St. Paul, MN 55101-1638 Vicksburg, MS 39181-0080 Telephone (651) 290-5362 Telephone (601) 634-5821 RIGHT OF ENTRY: Your signature below grants the right of entry [o 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. JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Coles of Engineers DISTRICT OFFICE: St. Paul District FILE NUMBER: 2004-3779-JJY (Hastings Public Dock) PROJECT LOCATION INFORMATION: State: Minnesota County: Dakota Center coordinates of site (latitude/longitude): 44.756/-92.85587 Approximate size of area (parcel) reviewed, including uplands: 10 acres. Name of nearest waterway: Mississippi River Name of watershed: Mississippi River -Twin Cities, Minnesota JURISDICTIONAL DETERMINATION Completed: Desktop determination ~ Date: May 20, 2005 Site visit(s) ^ Date(s): Jurisdictional Determination (JD): Preliminary JD -Based on available information,^ there appear to be (or) ^ there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary )D is not appealable (Reference 33 CFR part 331). Approved JD- An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: ®There ore "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size ofjurisdictional area: NA: the Mississippi River. ^There are "waters of the United States" (as defined b}' 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: ^There are "isolated, non-navigable, intro-state waters or wetlands" within the reviewed area. ^Decision supported by SWANCC/Migra[ory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": ^ The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to [ransoort interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": ^ (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and Clow of the tide. ^ (2) The presence of interstate waters including interstate wetlands. ^ (3) The presence of other waters such as intrastate Takes, rivers, streams (including intermittent streams), mudflats, sandFlats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ (iii) which are or could be used for industrial purposes by industries in interstate commerce. ^ (4) Impoundments of waters otherwise defined as waters of the US. ^ (5) The presence of a tributary to a water identified in (1)- (4) above. ^ (6) The presence of territorial seas. ^ (7) The presence of wetlands adjaceniz to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). /jthe jurisdictional water or wetland is not i[selja navigable water ojthe United States, describe connection(s) to the downstream navigable waters. !je(/) or 6(3) is used as the Basis ojJurisdic[ion, document navigability and/ar interstate commerce connection (i. e., discuss site conditions, including why the wa(erbody is navigable and/or how the destruction ojthe waterbody could aJject interstate or foreign commerce). /j R(2. 4, 5 or 6) is used os the Basis oj.lurisdiction, document the rationale used to make the determination. !je(7) is used as the Basis ojJurisdiction, document [he rationale used ro make adjacency de(erminot[on: The Mississippi River is a navigable water of the United States. FILE NUMBER: 2004-3779-JJY (Hastings Public Dock) Lateral Extent of Jurisdictian: (Reference: 33 CFR pans 328 and 329) ® Ordinary High Water Mark indicated by: ^ High Tide Line indicated by: ® clear, natural line impressed on the bank ^ oil or scum line along shore objects ^ the presence of litter and debris ^ fine shell or debris deposits (foreshore) ^ changes in the character of soil ^ physical markings/characteristics ^ destruction of terrestrial vegetation ^ tidal gages ^ shelving ^ other: ® other: Right bank ripped: normal pool elevation/mark on left bank ^ Mean High Water Mark indicated by: ^survey to available datum; ^physical markings; ^ vegetation Iines(changes in vegetation types. ^Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Basis For Not Asserting Jurisdiction: ^The reviewed area consists entirely of uplands. ^Unable to confirm the presence of watets in 33 CFR part 328(a)(l, 2, or 4-7). ^Headquarters declined to approvejurisdiction on the basis of 33 CFR pan 328.3(a)(3). ^ The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States: ^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ^ Atificially irrigated areas, which would revert to upland if the irrigation ceased. Artificial lakes and ponds created by excavating and/or diking dry land [o collect and retain water and which ate used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ^ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ^ Water-filled depressions created in dry land incidental [o construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ^ Isolated, intrastate wetland with no nexus to interstate commerce. ^ Prior converted cropland, as determined by the Natural Resources Conservation Service. F,xplain rationale: ^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ^ Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): ^ Maps, plans, plots or plat submitted by or on behalf of the applicant. ^ Data sheets prepared/submitted by or on behalf of the applicant. ^ This office concurs with the delineation report, dated ,prepared by (company): ^ This office does no[ concur with [he delineation report, dated p repared by (company): ^ Data sheets prepared by the Corps. ^ Corps' navigable waters' studies: U.S. Geologica! Survey Hydrologic Atlas: ® U.S. Geological Survey 7.5 Minute Topographic maps: ^ U.S. Geological Survey 7.5 Minute Historic quadrangles: ^ U.S. Geological Survey IS Minute Historic quadrangles: ^ USDA Natural Resources Conservation Service Soil Survey: ^ National wetlands inventory maps: ^ StatelLocal wetland inventory maps: ^ FEMA/FIRM maps (Map Name & Da[e): ^ 100-year Floodplain Elevation is: (NGVD) ® Aerial Photographs (Name & Date): Various, in file ® Other photographs (Date): Various, in file ^ Advanced Identification Wetland maps: ^ Si[e visiddetermina[ion conducted on: ^ Applicable/supporting case law: ^ Other information (please specify): Navigation Charts et an s are enn ie an a meate using a met s an cntena esta is e m c ores a an a meauon anua anua t.e., oaurrence of hydrophytic vegetation hydric soils and wetland hydrology). The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. DEPARTMENT OF THE ARMY PERMIT Permittee: City of Hastings Permit No.: 2004-3779-JJY St. Paul District Issuing Office: U.S. Army Corps of Engineers NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The terms "Corps of Engineers," "Corps," and "this office" refer 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: You are authorized to construct a dock on the Mississippi River and to discharge incidental fill (portions of the dock structure and ramp) on the riverbank, as part of the construction of a public dock in the City of Hastings, Dakota County, Minnesota. The dock is limited to 150 feet at the upstream end of the proposed 300-foot dock (northwestern end). Pending the outcome of monitoring, this office may elect to modify the permit to include the full 300-foot length of dock. The authorized work area is shown on the attached drawings (labeled 2004-3779-JJY, Page 1 of 7 through Page 7 of 7). Requirements to minimize impacts are outlined in greater detail in the Special Conditions of this permit. Project Location: The project site is at approximate River Mile 814.1 Right Bank (south side), upstream of the existing Trunk Highway 61 Bridge in the SE 1/4 Section 21, Township 115 North, Range 21 West, City of Hastings, Dakota County, Minnesota. Approximate UTM coordinates for the center of the site are Zone 15, East 511410, North 4954745; approximate decimal degree coordinates for this point are Latitude 44.7460, Longitude -92.885587. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2010. 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 the expiration 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. Total direct and indirect jurisdictional water impacts to the dock area are shown on the enclosed drawings (labeled 2004-3779- JJY, Page 1 of 7 through 7 of 7). You shall coordinate any proposed additional wetland or water impact with the Corps of Engineers, including any dredging, additional structure, and temporary impacts that are not shown on enclosed plans or expressly authorized by this permit, to determine whether it involves any additional regulated impact that requires further permit review. You shall also submit at least three annual monitoring reports, as outlined below. 2. You shall insure that none of the work performed to 2 construct, operate or maintain this project (including preparatory work, staging, site clean-up and mitigation work} causes impacts (including non-jurisdictional impacts such as drainage or non-point source sedimentation) to other waters or wetlands except those impacts expressly allowed by this (or a subsequent) Corps permit. Prior to initiating any physical work on the project site, the areas that are to remain undisturbed shall be clearly marked in the field so that the boundaries are visible to equipment operators. For example, you may use appropriate signage and orange construction fencing, silt fencing, or continuous strands of flagging to mark the boundaries. 3. You are responsible for insuring that whoever performs, supervises, or oversees any portion of the physical work associated with the construction of the project has a copy of, is familiar with, and complies with all the terms and conditions of this permit. 4. At least one week prior to the commencement of any work authorized by this permit, you shall advise the Corps of Engineers in writing at the following address: St. Paul District, Army Corps of Engineers, Regulatory Branch (Attention: 2004-3779-JJY) 190 East Fifth Street, Suite 401, St. Paul, Minnesota 55101-1638. This notification shall include the date that the authorized activity will commence and the name and telephone number of all contractors or other persons performing the work. You shall provide a copy of this permit and drawings to the contractor. This copy shall be made available to any Corps representative during inspections of the project site. You shall send all other notifications and reports required by this permit to the address listed in this condition. 5. The permittee shall limit the length of the initial dock installation to 150 feet of dock, parallel to the shore, rather than the full 300 feet shown on the drawings. The permittee shall not install the inside edge of the 8-foot-wide dock more than 30 feet riverward of the shoreline, so that the outer edge of the dock shall be no more than 38 feet from the shoreline. The permittee shall install protective pile clusters, as shown on the enclosed drawings, before the dock is opened to public use. Each cluster shall consist of three 12-inch diameter piles driven 40 feet into the riverbed and extending at least 10 feet above the water. To protect the 150-foot-long dock, the permittee shall install the four upstream clusters. If the dock is expanded to the full 300-foot length, the permittee shall also install the two downstream clusters. 6. The permittee shall not expand the dock without a written modification of this permit from the Corps of Engineers. 7. The permittee shall not allow dock users to moor downstream of the dock. The permittee shall direct boaters unable to tie up at the dock to moor upstream within 50 feet of the shore and within 500 feet of the dock. The permittee shall not allow boaters to tie up to the protective pile clusters. 8. The permittee shall not allow overnight mooring at the dock or allow dock users to spend overnight in the upstream mooring area. The permittee shall limit docking to daylight hours. 9. The permittee shall not allow mooring by passenger vessels that are inspected by the Coast Guard under 46 CFR Subchapters H, K, or T. 10. The permittee shall monitor river flows (daily readings are available on the St. Paul District, Corps of Engineers, website at www.mvp-wc.usace.army.mil/projects/Lock2.shtml or by calling Locks and Dam 2 at 651-437-3150) and shall close the dock and prohibit its use during high river flows (when flow is 30,000 cubic feet per second or greater at Locks and Dam 2). The permittee also shall close the dock and prohibit its use during other hazardous conditions or when directed by the Corps of Engineers or Coast Guard. 11. The permittee shall not allow swimming or diving in the vicinity of the dock. 12. The permittee shall remind boaters to use caution when encountering barge tows or other vessels, at all times, but particularly in the vicinity of the dock. 13. The permittee shall post signs that clearly explain restrictions and cautions at the entrance/exit ramp to the dock and along the waterward side of the dock, so that all users are aware of these restrictions and cautions, and of the associated penalties. 14. The permittee shall enforce the restrictions required by the permit conditions by impounding or removing boats that violate the restrictions on use of this dock, and/or by prohibiting these boats from using the dock. This condition does not limit any other enforcement measures that the permittee may consider appropriate. 15. The permittee shall also post signs that clearly list emergency numbers (including at least 911) and that direct users to the location of the nearest public phone. The permittee shall arrange for and maintain at least one public telephone with free emergency access on or nearby the dock, if none exists now. 16. The permittee shall coordinate with the Coast Guard concerning marking/lighting of the dock and the upstream mooring area. 4 17. The permittee shall also develop an emergency response plan and submit it to the Corps of Engineers for review and approval before the dock becomes operational. This plan shall include a regular police/sheriff's patrol and inspection of the dock, and arrangements for emergency water rescue. 18. The permittee shall report any incidents involving boats using this dock and other river traffic to the Corps of Engineers, within 24 hours of the incidents. Incidents shall include any collision, near-collision, or injury attributable to a navigation accident that is known to the City. At the end of each of the first 3 years following the opening of the dock, the City shall provide a written annual summary of any incidents that occur. During this 3-year period, the Corps of Engineers may conduct additional monitoring to determine the safety of the dock. 19. If future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 20. If the conditions of this permit are not met at any time during the monitoring period, the permittee shall provide the Corps with a proposal detailing corrective actions and/or maintenance actions proposed (if any) and an implementation schedule for those actions. The permittee shall implement the necessary corrective measures following review and approval or modification of those measures by the Corps. Upon completion of corrective measures, the permittee shall provide a written summary of the work to the Corps. Additional remedial actions may be required if the corrective measures do not result in satisfaction of the performance criteria during the next boating season. 21. Refer to the Standard Conditions attachment. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). s (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 proposed Federal project. 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 activities 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 future 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: a. You fail to comply with the terms and conditions of this permit. 6 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 SIGNATURE) (DATE) (PERMITTEE PRINTED OR TYPED NAME) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINEER) (DATE) Michael F. Pfenning Colonel, Corps of Engineers District Engineer 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 SIGNATURE) (DATE) (TRANSFEREE PRINTED OR TYPED NAME) a Standard Conditions In addition to general and special conditions, this permit is subject to the following standard conditions, as applicable: 1. All work or discharges to a watercourse resulting from permitted construction activities, particularly hydraulic dredging, must meet applicable Federal, State, and local water quality and effluent standards on a continuing basis. 2. Measures must be adopted to prevent potential pollutants from entering the watercourse. Construction materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction area in a manner that would allow them to enter the watercourse as a result of spillage, natural runoff, or flooding. 3. If dredged or excavated material is placed on an upland disposal sight (above the ordinary high- water mark), the site must be securely diked or contained by some other acceptable method that prevents the return of potentially polluting materials to the watercourse by surface runoff or by leaching. The containment area, whether bulkhead or upland disposal site, must be fully completed prior to the placement of any dredged material. 4. Upon completion of earthwork operations, all exposed slopes, fills, and disturbed areas must be given sufficient protection by appropriate means such as landscaping, or planting and maintaining vegetative cover, to prevent subsequent erosion. 5. All fill (including riprap), if authorized under this permit, must consist of suitable material free from toxic pollutants in other then trace quantities. In addition, rock or fill material used for activities dependent upon this permit and obtained by excavation must either be obtained from existing quarries or, if a new borrow site is opened up to obtain fill material, the State Historic Preservation Officer (SHPO) must be notified prior to the use of the new site. Evidence of this consultation with the SHPO will be forwarded to the St. Paul District Office. 6. If cultural, archaeological, or historical resources are unearthed during activities authorized by this permit, work must be stopped immediately and the State Historic Preservation Officer must be contacted for further instruction. 7. An investigation must be made to identify water intakes or other activities that may be affected by suspended solids and turbidity increases caused by work in the watercourse. Sufficient notice must be given to the owners of property where the activities would take place to allow them to prepare for any changes in water quality. 8. A contingency plan must be formulated that would be effective in the event of a spill. This requirement is particularly applicable in operations involving the handling of petroleum products. If a spill of any potential pollutant should occur, it is the responsibility of the permittee to remove such material, to minimize any contamination resulting from this spill, and to immediately notify the State Department of Natural Resources and the U.S. Coast Guard at telephone number (800) - 424-8802. L ,~o T abed ']CCr-6LL£-y00Z - .~ ..' ~ .:' .,. ~.. -~. `y bt ~ ,. ~. ~;, _~<, ~~~ - ; ' ~ - + ~x ~ ~ ~~ ~ / -_ ~ l y~ _r ~ +tpa~v '~. Yj ;-nl i ~' 3 __ /` ~ ~ . ~~ t I a ~_ ~ ~ r y a 17apbsl~ ~ ~ ~ ,' , ~~ \, ,_ ' 99 -... ? + ~~ - c L- a Tx. ~ \ ~ :c ~,~ ~ ls3_le. _ . -r .`._ ~ ~ ` ti'f' 1 ~ _ t~ ~.~ ~ `~ \ v 1 ,ate r ~~ ':~ N{~Z.~. :\~HaS~2~ ~ ~:~ 2J~2q,~ ~ QZaJa ~ ~+~~~.P t9 O tS ~ t is '~ Q - ~ ~ ~~ '~\ ~ ~~ d ~~' a j ,` ) ~ .~, • ~O(~`L 9x8 I+ \ ~ ~~. C 1+W ~~ \J ' . 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R g3 E .OP~~ o 1 i I i~;~. ~},~,. ;k r: w ~Q° C v i ~ i r i ~ ~-mi m o ~ `j' Ogo - ~ y i ' tOir^ 8' i' ? n ~ , g i s ,~ Z ~ i y ° i i i ~ , ' $ ~ i ~ i $ i ~ i $ i ~ i $ i i 1 i i ~ 1 I 1 I ~ ~ ~ o 1 gi m gi m o ~ $ {qn O q O O ryp~~ O O p O t A 4 m ~ ~g~ ~ ~ o o ~ s~ o ~ o 0 0 0 ~a -~ ~~ ~ ~ 3~ ~ ~ ~ ~ o ~ a ~, o II ~ i / / Y~ N I Z ~ I ~ ~~ E y oa° ~y ~~ i i m ~ 0 ~w ! i 1 f ~ ~O 1 ~1 o ~~ ~ ~ S ~ Y A ~-. ~ ~' i i ~ O~ ob~i" ' ii ~~ ~ I ~ 8 I ic-' S q I I X ' x $ ~ $ j ~ H z ANN O I $ I yom nc~i~ ~. : ~ is i '~ ~` °z ~ ~= s~ z ~ ~ o 0 0 ~ S ~ ~ o ~ 8 S .~ ~~k 3 ~ - n~ 'December 15, 2005 Minnesota Pollution Control Agency Mr. Robert J. Whiting Regulatory Branch, St. Paul District U.S. Army Corps of Engineers 190 Fiflh Street East St. Paul, Minnesota 55101-1638 RE: CENCS-CO-R 04-04011 TWP City ofHastings -Public Dock Dakota County Section 401 Certification Waiver Deaz Mr. Whiting and Mr. Osberg: Mr. David Osberg City of Hastings 101 4`s Street Hastings, Minnesota 55033-1955 This letter is submitted by the Minnesota Pollution Control Agency (MPCA) under authority of Section 401 of the Clean Water Act (33 USC 1251 et seq.}, Minn. Stat. chs.l IS and 116, and Minn. R. 7001.1400-1470. The referenced project involves a proposal to construct a public dock located in Section 21, T 115N, R 21 W, Dakota County, Minnesota. The MPCA waives its authority to certify the referenced project application. This action does not eliminate, waive or vary the applicant's responsibility of complying with all water quality standards and requirements contained in Minn. R 7050 and all other applicable MPCA statutes and rules regazding water quality in the construction, installation and operation of the project. In addition, this action does not waive MPCA's authority to take necessary actions, including enforcement actions, to ensure that the applicant and the project's construction, installation and operation comply with water quality standards and all other applicable MPCA statutes and rules regarding water quality. This MPCA decision is made, in part, on the applicant's representations that environmental review under the Minnesota Environmental Quality Control Board's (EQB) rules, Minn. R chapter 4410 is not needed for the project or alternatively, that all necessary envimmmental reviews and related decisions have been completed and made. If environmental review for this project is needed and has not been cpmpleted, this MPCA waiver decision is null and void and of no legal effect. In that situation, MPCA reserves the right to make a section 401 decision when the environmental review process is completed. 520 Lafayette Rd_ N.; Saint Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY); www.pca.state.mn.us St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester •'Nllmar Equal Opportunity Empbyer • Printed on recycled paper contairring at least 20 percent fibers from paper recycled by consumers. Mr. Robert Whiting Mr. David Osberg Page 2 This action does not release the applicant from any liability, penalty or duty imposed by Minnesota or federal statutes, regulations, rules or local ordinances and it does not convey a property right or an exchisive privilege. Sincerely, ., Mark Schmitt Manager Stormwater and Wastewater Policy Section ~d1i221:Ciyai D1V3S.^v:a MS jgo Cc: Dr. Joel Toso, Polaris Group Kevin M. Pierard, U.S. Environmental Protection Agency, Chicago Dan Sonnet, Field Supervisor, U.S. Fish and Wildlife Service Kent Lokkesmoe, Director, DNR Waters Steve Colvin, Ecological Services, Environmental Review, MDNR