HomeMy WebLinkAboutA022 - Council Action Form dated May 25, 1993 COUNCIL ACTION FORM
Item # 15
Date: May 25, 1993
SUBJECT: Request to accept maintenance on bank stabilization along
Squaw Creek.
BACKGROUND:
The development of Northridge Parkway Subdivision created several lots
that extend to Squaw Creek. This area of the creek involves several
meanders that create areas of erosion. In order to address these erosion
concerns, under their own initiative the developers obtained a Corps of
Engineers permit to construct three fence jetties. The fence jetties would
redirect the flow away from the east bank and prevent further erosion.
This installation would be somewhat similar to the fence area on the Skunk
River just north of the U.S. #30 bridge.
Although the cost of the construction will be the responsibility of the
developers, the City has been asked to accept the on-going maintenance of
the three jetties. Maintenance work would involve repairs to the structure
if floating branches/trees bend or break the jetties. In addition, work
would be necessary if large trees get hung up on the jetties and create
erosion problems on the west bank.
Responsibility for maintenance generally relates to the party whose inter-
ests are benefited. When the public interest is benefited, the City will be
responsible for on-going maintenance. Under usual situations where
private property is benefited by an improvement, the private owners are
responsible for maintenance, not the public agency. An example of this is
when a detention basin is constructed to retain stormwater runoff from a
site, the site owner is responsible for the maintenance. This situation
involves maintenance of unusual items (jetties) and access to the area will
be difficult due to the land slopes involved, however the situation is one
of improvement for private property protection without public benefit and
thus should be the property owner's maintenance responsibility.
ALTERNATIVES
1. Deny the request for the City to maintain the jetties because they do
not involve a public benefit.
2. Approve the request for maintenance of the jetties by the City.
CAF - Stabilize Squaw Creek
May 25, 1993
Page 2
MANAGER'S RECOMMENDED ACTION:
It is recommended by the City Manager that the City Council deny the
request for public maintenance of the erosion control jetties on Squaw
Creek in Northridge Parkway Subdivision.
COUNCIL ACTION-
AWS
„1
TO: Paul Wiegand, Public Works Director
FROM: Jerald N. Byg, Municipal Engineer
DATE: May 10, 1993
SUBJECT: Request of H&F Builders for the City to accept maintenance of
wire jetties on the east bank of Squaw Creek in Northridge
Parkway Subdivision.
I cannot think of any reasons why it is in the City's best interest to
accept maintenance of these jetties. It appears that the jetties will direct
more water at the west side of Squaw Creek which is Bertha Moore Park.
The jetties will catch trash and driftwood which will exacerbate the prob-
lem of soil erosion along the west bank while controlling the erosion prob-
lem on the east bank.
As I recall the consultant originally specified rip-rap slope protection along
the east side of the channel which is still my preferred solution for con-
trolling erosion along the east bank.
JB/dwj
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REALTORS'�
CiTti' CLkFIk
CITY OF AWS,IOY.r+
H & F BUILDERS 803-24th STREET, AMES, IOWA 50010 (515) 232-4214 FAX (515) 232-5521
April 8, 1993
Mayor and City Council,
We, the developers of Northridge Subdivision, have
agreed to provide and pay for three fence jetties along the
east side of Squaw Creek as per attached permit from the
Corps of Engineers .
The jetties will be placed on property which has been
sold to homeowners and, as such, they will need to agree to
the terms of the agreement.
Obviously the homeowners will be reluctant to agree to
any maintenance that may become necessary.
At a meeting with Paul Wiegand his report was that
seldom, if ever, maintenance is required on other similar
installations .
In order that we may go ahead with this construction we
are asking that the City of Ames accept the maintenance of
these jetties after they are installed.
Thank you for your consideration.
Erben A. Hunziker
for Northridge Developers
DEPARTMENT OF THE ARMY PERMIT
Permit Number: CENCR-OD-S-267030 Section: 404
Permittee: H & F Realty Company, Inc. POC: Mr. Erb Hunziker
803 24th Street or
Ames, Iowa 50010 Mr. Don Furman
Tel: 515/232-4214
Effective Date:
Expiration Date: 31 December 1996
Issuing Office: U.S. Army Corps of Engineers, Rock Island District
Clock Tower Building - P.O. Box 2004
Rock Island, Illinois 61204-2004
You are authorized to perform work in accordance with the terms and conditions
specified below.
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.
Project Description: The permittee will construct three fence jetties along
the east side of the creek. The jetties will be constructed of 10-inch by 10-
inch piles and galvanized wire cloth. Each jetty will be approximately 32
feet long and will be protected at its base with 20 cubic yards of riprap.
Project Location: On Squaw Creek in Section 331 Township 84 North, Range 24
West, Story County, Iowa.
in accordance with the plans and drawings attached hereto which are
incorporated in and made a part of this permit.
Drawings No. 267030. Sheet 1 of 3, Location Map
Sheet 2 of 3, Plan View
Sheet 3 of 3, Jetty Profile
Permit Conditions:
General Conditions:
1. 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.
(Condition is not applicable for Section 10 Permits. )
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. That the condition listed in the attached letter from the Iowa
Department of Natural Resources, dated February 23, 1993, is considered to be
part of this permit.
2. That if construction work uncovers an item or items that may be of
historic or archaeological interest or if important new historical data comes
to light in the project area, the work will be delayed sufficient time to
notify the U.S. Army Corps of Engineers, Rock Island District, Clock Tower
Building - Post Office Box 2004, Rock Island, Illinois 61204-2004 (telephone
309/788-6361) , and the State Historical Society of Iowa, Bureau of Historic
Preservation, Historical Building/Capitol Complex, Des Moines, Iowa 50319
(telephone 515/281-5111) , and to allow the significance of the discovery to be
determined. The permittee may be held responsible for cost associated with
identification and recovery.
2
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) .
M Section 404 of the CDean 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.
b. The information provided by you in support of your permit application
proves to have been false, incomplete, or inaccurate (See 4 above) .
3
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 unauthorized
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 Date
Permittee Date
This permit becomes effective when the Federal official, designated to
act for the Secretary of the Army, has signed below.
Albert J. Kraus Date
Colonel, U.S. Army
District Engineer, Rock Island
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
4
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LIST OF ADJACENT PROPERTY OWNERS
PROJ CT DESCRIPTION:
NO. NAME ADDRESS
Squaw C ek Bank Stabilization
1. City of Ames, Bertha Moore Park, 515 Clark Ave. Ames, Sto r�County Iowa
Ames, Iowa, 50010
2. Peter & Marguerite Buck, 2502 Ridge Top Rd. , Ames, I .LOCATION:
3. John & Marsha Tannehill, 3214 Greenwood Cr. , Ames, I
4. Dean Hunziker, 3209 Maplewood Cr. , Ames, Iowa
5. Rohit & Susan Trivedi, 2143 Friley Road, Ames, ia. CENCR-267030
PLAN VIEW
CENCR FORM 427 US ARMY CORPS OF ENGINEERS SHEET " OF 3
1 OCT 87 (Revised)
)PIAE 30 VAj 8 8
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ROJECT DESCRIPTION:
quaw Creek Bank Stabilization
mes, Story County, Iowa
CENCR-267030
JETTY PROFILE
CENCR 4 US ARMY CORPS OF EI` GtNEEER S SHEET ' 3 OF 3
(Revised)� OCT 87 is
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STATE OF
TERRY E. BRANSTAD,GOVERNOR DEPARTMENT OF NATURAL RESOURCES
LARRY J.WILSON,DIRECTOR
February 23, 1993
Mr. Erb Hunziker
H & F Realty Co., Inc.
803 24th Street
Ames, Iowa 50010
Subject: Request for State 401 Water Quality Certification
Construction of three wire fence jetties on Squaw Creek
Section 33, T84N, R24W, Story County, lowa
Public Notice No: CENCR - 267030
Water Quality Designation: In conjunction with the recently adopted Water Quality
Standards Squaw Creek has a proposed use designation of Class B(LR)
Limited Resource Warm Water of the state of Iowa. Such waters are to be
protected for non-contact recreation, fish, wildlife, aquatic, and semiaquatic
uses.
Dear Mr. Hunziker:
This department has received and reviewed the request for State Certification pursuant to
Section 401 of the Clean Water Act. State Section 401 Certification is required by the Army
Corps of Engineers before a Section 404 permit can be issued. Section 401 Certification is
this department's concurrence that this project is consistent with Iowa's Water Quality
Standards.
This letter certifies, subject to the following condition, that this department has determined
that there is reasonable assurance the proposed activity will be conducted in a manner which
will not violate water quality standards of the state of Iowa.
Condition:
1) Riprap shall consist of quarry run rock, native field stone, or broken concrete. If
broken concrete is used as riprap then prior to it placement all reinforcement materials
shall be cut flush with the flat surface of the concrete and properly disposed of and the
largest concrete piece shall not exceed four square feet.
A copy of this letter is being forwarded to the District Corps of Engineers office for their
information. You are further advised to contact their office upon receipt of this certification.
Sincerel ,
t
Janet A. Gastineau
Water Resource Section
cc: Neal Johnson, Rock Island District Corps of Engineers
Darrell Hayes, DNR, LOCAL
WALLACE STATE OFFICE BUILDING/DES MOINES, IOWA 50319/515-281-5145/TDD 515-242-5967/FAX 515-281-8895