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HomeMy WebLinkAbout2017-08-07-Resolutions 17-375_Centennial Park Creek Slope Stabilization - Deed RestrictionTHE CITY OF WAUKEE,IOWA RESOLUTION 17-375 APPROVING DEED RESTRICTION [CENTENNIAL PARK STRKAMBANK MITIGATION PROJECT] IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UKEE,IOH'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,on August 5,2013,the Waukee City Council approved a formal commitment to the U.S. Army Corp of Engineers that channel mitigation as part of the Alice's Road Corridor Project would be constructed in accordance with accepted plans (Resolution ¹13-211);AND, WHEREAS,a site was selected within Centennial Park to mitigate the impacted streambanks;AND, WHEREAS,a condition of the Section 404 permit between the City of Waukee and the U.S.Army Corp of Engineers requires a deed restriction along 1,355 linear feet of the tributary to Sugar Creek within Centennial Park to protect the mitigation site in perpetuity; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Deed Restriction [Centennial Park Streambank Mitigation Project],attached hereto as Exhibit A,is hereby approved. BK IT FURTHER RESOLVED that the City Clerk is directed to record the Section 404 permit and deed restriction plat exhibit with the Dallas County Recorder as required by the U.S.Army Corp of Engineers. Passed by the City Council of the City of Waukee,Iowa,and approved th 'day of August,2017. William F.Peard,Mayo Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN DEPARTMENT OF THE AIRY PERSIIT Permit Number.CliMVR.-OD-P-2012-108 Permittee:Ciiv oi'Vi'aukee 230 V'est Hiclcman Road Waukee,Iov;a 50263 zcepv Section 404 POC:William I'.Peard Tcl:515-978-1492 Effective Date:6 March 2014 Expiration Date:31 December 2017 Issuing Oflice:U.S.Army Corps of Fngineers,Rock Island District Clock Tower Building -P.O.Box?004 Rock Bland,Illinois 61204-2004 NOTE:The tcmi "you"and its derivatives,as used in this permit,means the permittee or any future transferee.Thc tcmi "this ol'fice"refers to the appropriate rlistrict or division office of the Corps ol' Engineers having jurisdiction over thc permitted activity or the appropriate official of that office acting under the authority of thc commanding officer You are authorized to perform work in accordance with the terms and conditions specified below. Project Description:The permittee will construct a road between University Road and Ashworth Road and create a regional storm waicr retention system and greenway.The road will be named Alice's Road and it will be approximately 1.5 miles long.The road will eventually be 41-feet v'ide v ith a 28-foot median.The prolect v;ill also include a 10-foot wide trail on thc west side of the road and a 5-foot sidewalk on the casi side.fhe storm water retention basin system will be a regional system v'hich v ill also incorporate v alking trails.It is being built in conjunction v ith this project to facilitate growth that is expected to occur as part of this ncw road system.The road and retention basins will impact a total of 4.38 acres of v;etland and 1,850 feet of the upper reaches of Fox Creek. The basins v'ill be approximately 10-feet deep at normal pool,will have a 3.5-foot v ide shallow water perimeter and will be able to hold an additional 5-feet of v ater.Pond A v'ill bc 6.7 acres. Pond B wiII be 3.7 acres.Pond C will be 3.2 acres.These ponds will drain by gravity. To compmisate for the loss of waiers and v etlands,the City v ill purchase 4.38 acres ol'wetlands fiona the Voas Wetland Mitigation Bank To compensate for the loss of stream channel at the impact site the City is proposing to restore two sections (East and West Section)of an unnamed tributary of Sugar Creek.The stream buffer on each section will be at least 25-feet wide on each side ol the stream,as measured from the top of the bank.The buffer v ill be wider in some areas. The total acreage of the buffered areas will be approximately 1.7 acres.The City of Waukee is the party responsible for the stream mitigation site. I'roject Location:Unnained tributary of I"ox Creek and abutting wetlands in Section 4,Township 78 North,Range 26 West,Dallas County,Iowa. Stream Ivlitigation Site:Along an unnamed iributaiy of Sugar Creek in Centennial Park in Section 34,Township 79 North,Range.26 Wesu Dallas County,Iowa. Drav ing(si 'Ao.CLriMVR-OD-P-2012-108 Location ivlap Sheet I of 6, Layout Sheet 2 o I 6 Plan Vieiv and Cross SectionSheet 3 of 6 Impact Locations and Basins Sheet 4 ol'6 Streutn Mitigation Location Stleet 5 el 6 Stream Mitigation Plans Sheet 6 of 6 Permit Conditions General Condiuons: l.'I'he time limit for coiriplcting&the work authorized ends on the date specified on page I If you find that you need more time to complete the authorized activity,submit your requesr for a tllric extension to this office For considemtion at least one month bel'orc that date is reached. 2.You n&ust maintain thc activity audiorizcd by ihis perinit in good condition and in conformance with the terms and conditions of this permit.You are not relieved ot'this requircinent if you abandon the permitted aciivity,although you may make a good I'aith transfer to a third party,in compliance v'ith General Condition 4 belov:.Should yon wish io cease to inaintain the authorized activity or should you desire to abandon it without a good faith transfer, you rr.ust obtain a modification ot this permit.from this office,v hich may require restoration of' the area. 3.If you discover any previously unknown historic or archaeological remains w!tile accomplishing the activity authorized by this permit,you must imrnediateiy notify this office of what you have found.We will initiate the Federal and state coonlinaiion required to detetnune if the remains warrant a recovery effort or if the site is eligible for listing in thc National Register of FIistoric Places. 4.If you sell the propetty associated with this permit,you must obtain the signature of the nevv owner in the space provided and I'orward a copy of the permit to this office to validate the transfer ol'this mithorization. 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 ceriification is attached if it contains such conditions. 6.You inust allov:representatives from this office to inspect the authorized activity at iuiy time deemed necessary to ensure that it is being&or has benz accomplished in accordance with the terins and conditions of your peimit Special Conditions: I.That the conditions listed in the attached Section 401 water quality certilication from the Iov a Department ol'Natural Resources dated February 13,2014,are considered to be part of this permit. 2.'I'hat if constniction v'ork 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 bc delayed sufficient time to notify the V.S.Army Corps of Engineers,Rock Island District,Clock Tower Building -Post Office Box 2004,Rock Island,Illinois 61204-2004 (telephone 309/78g- 6361),and the State Flistorical Society of Iowa,Bureau of Historic Preservation,Historical Buildint»rCapitoi Complex.Dcs Moines,Iowa 50319 (telephone 515/2g1-5111),and to allov; the significance of the discovery to be determined.The permittee may be held responsible for cost associated with identification and recovery. 3,To compensate for thc wetland impacts,4.3S acres of wetland credit will be purchased from the Voas Wetland Mitigation Bank.You are required to submit documentation to the Corps and DNR within 30 days of placing fill into any wetland. lvlitigation Conditions 1.T)nc t&tchnical spccificaiions listed in the document entitled Wetland/WUS Mitigation Plan Section "04 Permit Apphcation,Terracon I'ro)ect Number 08117114,Sections 6.3,6.4 aid 7.0, dated August 6,2013 arc incot)iorated and made part of this pcmiit and may be used as a reference for various procedu!cs for thc mitigation plan. 2.In order to pmtect water qualiiy.if the stream mitigation site is completed outside an optimal seeding period,temporary erosion control protcciion shall be implemented immediaiely upon completion of excavation and constiuction. 3.The boundaries of the stream mitigation site shall be clearly identified at thc site by the placement of signs or other markers.An as-built plan shall be submitted to the Corps of Engineers alld Iowa Department of Natural Resources upon project completion.This plan wil! shou the locations ol'all photo points,plantin locations,rif lie/pool complexes,locations of stream bank protection and any other structure or feature related to the stre&un mit gation site. 4.Stream mitigation work shall begin concurrent.with tire initiation of project construction. The mitigation Lvork shall be completed within one year of the initiation of project construction on the site.The Permittee shall notify this oliicc in writing upon the completion of the wetland mitigation plan.The Perminoc shall be responsible to perfonu any corrective actions deemed necessary by this district to insure thc success oi'the stream mitigation site. 5.The Permittee shall conduct an mmual survey of the stream mitigation area to monitor the survival rate of'thc plantings,and soil and hydrology conditions at the site.The results of the survey may be documented annually on the Rock Island District Standard Mitigation Reporting Form also available at.~htt://www2.mvr.usace.arm .mil/Re ulatorv/or in an annual progress p t*p tip LGLO&-tll tt ll...»'ll &IL~/I &..Ip* information and photographs for these reports must clearly demonsuate conditions of thc mitigation site.Those annual reports are due no later than December 31 of each year for the monitoring period.All annual monitoring reports shall be formatted tor an 8.5 x.11 inch piece of paper,The mitigation monitoring reports submitted to the Iowa Department of Natural Resources and the Corps of Engineers.Reports arc due aiter the first ihll growing season after thc mitigation is consuucted and annually for a minimum of five years. 6.These reports shall include the following information at a minimum: a.Information concerning the survival rate of all plant species which were to be established at the mitigation site.This information shall be collected by a qualified biologist b.Annual photographs (taken during the grov ing season and from consistmit photo points)showing representative areas of the site. c.Vegetative cover map indicating dominant cover species in each area. d.Monthly surface water elevations at the site. e.Cross-sections stationed throughout the streain mitigation site.The cross sections will be placed in areas to determine if the stream is aggradin&g or degrading and will be used to determine if the stream is migrating laterally.The cross sections v ill be plotted pre-construction to be used as a base line survey and these annual cross sections will be plotted each year at the same locations and labeled. f.The results of the IqRCS Stream Visual Assessment Protocol (SVAP). 7.All newly planted trees will be guaranteed 1'or 85 percent survival for five growing seasons.Any nev;ly planted tree or shirub (including replacements).which dies to the point that the main leader has died back or where there is 25 percent or more of the crown dead,wil!be replaced.All rcplacmiients will be of the same species and size as originally planted.Damages incurted in making replacements will be repaired. 2b 8.Fhel'e Iltay bc no uses oF the stream mitigation area!ha!ale incompatible wiih the site which nlay lii!et let i".vvith the func!ii!ns and values of thc si!e.In order!o iiilequaiely pro!cct!hc aquatic habiti!'ts,riparian areas.buffers,iind uplands that comprise the overall compcnsa!ory mitiga!ion project,recordation oFa Cirant ol'C.'ovenants running with the mitigation lancls is required.I'Ius wilt be provided to ihe Corps v,ithin one year ol ihe completion oi'thc mi!igation site.'Thc Permirtce is required to provide 60-day advance notification to tlic district engineer before any action is taken to void or modify the instrument,n!anagement plan,or long-term protection mechanism,including transfer of title to,or establisiunent of any o!her legal clainis over,the compensatory mitigation site. 9.To prcsetrve the mitigation site for its authorized ptuTiosc,there shaH be no corrimercial, indus!rial or residential activiiy undertakeil ol'i!Howed within the mitigation area.There shaH bc no buildings,dwellings,barns,roads,advertising sibnts,billboards or other stmctiucs built or placed in the mitigation area,except when provided in the original mitigation plan,the Permittee may install a viev"ing site,outdoor seaiing facility along with a piaque or other historical signage, tree s!ands or wa!er fowl hunting bhnds;There shall be no dredging,filling,excavating,mining, drilling or removal o t any topsoil,sard,gravel,rocl,minerals or other materials. 10.To preserve thc mitigation site for its authorized purpose,no plowing,t!Hing,cul!ivating, planting,timbering,or other agricultural activi!ics may take place within the mitigation area except for the purposes described in the Permi!tee's approved mitigation plan.The Permittee is obligated to establish or re-establish vegetation through seedings or plantings in furtherance of that plan. Further,Permittee may manipulate vegetation,topography and hydrology on the mitigation area through diking,pumping,water management,excavating,burning,cutting pesticide applica!ion and other suitable methods f'or the pug&ose of protecting,enhancing buffers,wetlands and weiland vegetation.The Permiuee is responsible for compliance with all fi.deral,state and local laws governing the safety and maintenance of the property,including the control of noxious v'cods within the mitigation area.Clrazing of the mitigation area by domestic livestock is prohibited. 11.As required by rulc,the Pcrniittee shaH notify the district.engineer within 60 days if the compensa!ory mitigation project is not achieving its perfoiutancc standards as anticipated. Thc pcmuttee shall provide 60-day advance noti!ication to the district engineer if any action is taken to modify the approved mitigation plan.Remedial v ork may include re-grading andlor replanting the mitigation site.The Permittee shall take immediate proactive steps necessary to correct any deficiencies outlined in the nionitoring reports and shall coordinate with this office during implementation to insure compliance with the terms and conditions in this permit. 12.As required by rule the Permittee shaH provide 60-day advance notification to the district tn!gineer prior to any planned conveyance oi'mitigation lands for the district engineer's approval.The notification shall identify how and by whom the approved mitigation shall bc accomplished.The Permittee shall provide documentation of any conveyance in writing and by certified mail within 15 days after the conveyance.The responsible party identified in the permit shall retain aH liability for maintaining adequate mitigation and accomplishing any needed corrective work should the district engineer determine that the mitigation is not satisfactory. 13.As required by rule,the Permittee's responsibility to complete the required compensatory mitigation will not be considered fulfdled until you have demonstrated mitigation success and have received written verification from the U.S.Anny Corps of Engineers. 14.You must take the actions required to record this pertnit with thc County Registrar of Deeds or other appropriate official charged with the responsibihty for maintaining records of title to or interest in real properLy. 2c FUI'tile!'Inloi'liiiltioi'i: I.Congressional Aiuhon ties:You have been mithoidzctl to ulideinake the activity described abovi:pursuant to: ()Section 10 of thc Rivers and I(arbors Act of 1899 (33 U.S.C.403), (X)Section 401 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 ol'ibis authorization. a.This permit does not obviate thc need to obtain other Federal,state,or local authorizations required by law. b.This permit docs 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 imerference v ith any existing or proposed Federal project. 3.Limits of Federal I.iability,In issuing this permit,the Federal Government does not assume any liability for the following: a.Damages to the permitted project or uses thercol as a result of othei.permitted or unpermitted activities or.from natural causes. b.Damages to the permitted project or uses thereof as a result ot current or future activities undertaken by or on behall'of the United States in the public interest. c.Dainages to persons,propetsy,or to other permitted or unpermiucd activities or structures caused by the activity authorized by this permit. d.Design or construction deficiencies associated vith the permitted work. e.Damage claims associated with any future modification,suspension,or revocation of this permit, 4.Reliance on Applicant's Data:The deterniination of this office that issuance of this perniit 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 ai any time the circumstances warrant.Circumstances that could require a reevaluation include,but are not limited to,the to!lowing: a.You fail to comply with the terms and conditions ol'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 nc&v int'ormation surfaces which this office did not consitler in reac&'lillg tii(. orlglli'll public !Iiterest decision. Such a reevaluation n.ay result in a deiermination that it is appropriate to use the suspension, modilication,and revocation procedures contained i!i 33 CFR 325.7 or enforcemtait procetlures such as tiiosc coiitained in 33 CFR 326.4 and 326.5.'!'hc referenced enforcement procedures provide fo;the issuance of rui atlniinistrativc order rcquirin&g you to comply v;ith the terms and conditions of your permit and for thc initiation ot legal action where appropriate.You will be required to pay for any corrective meast&tres ordered by this office,and if you fail to complv wiih such dircctivc,this oftice may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by connact or otherwise and bill you 1'or tht:cos!. 6.Ext:nsions.General condition 1 estab!ishes a time limit for the completion of the activity auihorized by this pcmiit.Unless there are circumstances requiring either a prompt complet.ion of the authorized activity or a reevaluation of'the public interest decision,the Corps wil!normally give favorable consideration to &a request for an extension of this time limit. Your sigiiature belovv,as penniuce,indicates that you accept and agree to comply with the terms and conditions of this permit. Permitt e 3-3-mr@' Date This issuing oflicer for this permit is Mark J.Deschenes,Colonel,U.S.Army,District Engineer, Rock Isiand District. This permit becomes elfective vvhen the Federal official,designated to act for thc Secretary of the Army,«ind in accordance tvith CEMVR-OD-P appointment order 15 January 200g has signed below. Albert .Frohlich Project lvlanager 5-5-2otcl Date When the structures or work authorized by this perniit are still in existencc at the time the property is transferred,the terms and conditions of tliis permit wi!1 continue to be binding on the ncv'owner(s)of the property.To validate the transfer ol'this permit and the associated liabilities associated v;ith compliance v,ith iis terms and conditions,have the transferee sign and date below, Transl'cree Date 'RTI ,I ii J C7~IP:.,33 ,OJ \I H'h.I „-.I IGJA Waukue I ') IrTI 1/ I IJ'L s '37' I h,e;h~Sl I-«le SSX--'n'A'f C hj ,I' .~(j~ 'i V.3-iiw(/~'.(''i )I .."3 -'i:)~uj(' "=' "4~+(err, i G OJG -3 . Q I ) r jpl( G' j' ,IG I T j) «~Q //i)i .g,'1,.)fTII;I,V«T,I!l,l)T Jj7T~O1 J 1 '1 R PAR IMAGE PROMIOWAOEGGRA NIG MA 5 RVE MANTA EGGY T*IEMNITRRERY ANOM I-hhph i 3 I WM p TW TOPOG IOWA 3 I i IOJI H PIA~iJJJ')II,.P) Z &'rg-~ ) LEGEND pRQUEGT SITE TIYUS MITIGATION SITE TNT 171:4 N MW Euu M1171 14 173 dh Fl GIR4113 2012-108 Sheet 1 of 6 Location Map TOPOGRAPHIC SITE IYIAP 0 ANO WAUKEE GREEN'IYAY ILICTURE S ENVIRONMENT,LLC TVENUE TO ASHWOR:H ROAO WAUKEE IOWA FIG.No UNIVERSITY AVBIUE PROPOSED PEGIONAL RETENTION BASIN A CI 0 Ot0' D WESTOYYN PARICJYAY Ct 0 PPOPOSED REGIOIVAL RETENTIOiN BASIN B WETLAND 4 6 41 AI'RE» PROPOSED REGIONAL RETENTION BASIN C 'NUS I 2,270 LF ON-SITE SITE PLAM PSOMOEO ST FO tl AER'LPROTOI IS MFOMIOM RA ORPLRESOI Rc SOEOOMPf.OR TIO»STE SL.SEAR A I O,MMR P ASH'NORTH ROAD LEGEND -PROJECT SITE -WETLAND AREA-WETLAND IMPACT AREA -WUS IMPACTS,PERENNIA FLOW ~WUS UN-IMPACTED,PERENNIAL FLOW-WUS IMPACTS,INTERMIITTENT FLOW 00ltltt4 Oti24l13 ORMS Sl =-5 M ESM 041'11114 03 APP OP A OIAIR ITME 2012-108 Sheet 2 of 8 Layout PROPOSED SITE LAYOUT VD AiND WAUKEE GREENWIAY RUCTURF S ENVIRONMENT,LLC AVENIUE TO ASHWORTH ROAD WAUKEE IO'TYA FIG itlo 0'.'Cu0'-,I 0 0; 0 ulZ0 0tt.' ul tp ut0 CC0 0 T +QruI WT r-0 'L-o' CC Z I I 200 W C(pl-I tp W IO 0 0 00wWW I(. X CJ—0 0 w ulZN 6 II ut 1l Iptu00000( W W K to tp 0 0 u w w 0 WZWIO0zN0+Z 0 0 0 z& 0 0 0=O". 0 *O (0 0 000 FC h cl «g e g 8 ~Z 48(=3i8888 0 g01,Vhl8 0 Ert„.-, C ,=(=.". 1%5"u8 „0;CQ '0";g 2012-'I 08 Sheet 3 of 6 Cross Section 8,Plan View 0" 'L»~~$7» 7 I) Ioo ~~g//6.41 ACRES 7I Oio i»7»»»OOOO»OY FO rl. 000 7I 14 0/l2»!3 LEGEND ~PROJECT SITE ~o -WETLAi»ID AREA -W TLAND IMPACT AREA -INUS IMPACTS,PERENNIAI.FLOW -WUS UN-II»IPACTED,PERENNIAL FLQVV -WUS II IPACTS,INTERMITTENT FLOW WETLAND AiND WUS Il»IPACT MAP FIG.No.»or o FBI 000 08ii7iii 7'!o i» 75 20'I 2-108 Sheet 0 of 6 Basin Location AD ARID WAUKEE GREENVIAV RL'CTURE S EiNYIRONMENT LLC AVENUE TO ASHWORTH ROAD WAUKEE IOWA Y+ rg I. I I 4 4 4 I' «g4 '~ 44 ~4 //0 /4 4 /~ ~I« 4 4 ~ ~/, 4 4 ~ 4 4 ~~~ 4 ~ 4 4 I I 4 4 ~~4 ««4 4 l~q ~I ~I/I ll« «l« I ~ ~/f'/ ~'4 «I ~ «l 4 «~ 4 ~ I 4 'y ~ij(I '4'I «/4 ""'4~'I III'44 I I I I /""'nl ~ I "lt I' 2012-108 Sheet 5 of 6 Mitigation Site Location ri IIL IP(i ~f~~.' 3 i UJ"IJ I l / IJ Ul 'Z4;I-.IU'0.',9,IU-a z.— IUJZ 0Z 0— ,-U.0 K I" JJJ UJ Ui 0I- UJtJJ 00 0 z 0 IU Z Z X00zZK)&ZU~ UJ-J 330— Z 0 UJIJ0Z I-33 —IU I—z 130 0 Q E Q CL 0 !,Z3 )iii I!13 Ill0 Z Z Ui z U! 8~5 a IU Q 0ZIUZ0 tii &Z 20'i 2-108 Sheet 6 of 6 Mitigation Plan Wetland and WUS Mitigation Plan Proposed Aiicss Road and Waukee Greenway ~Waukee,lowe August 8,2013 e Terracon Proiect No 08117114 6,3 Mitigation for WUS Impacts Approximately 1,850 feet of the upper reaches of Fox Creek will be impacted by grading to create Aiices Road and two regional storn;water retention ponds.According to USACE guidance,WUS mitigation should be provided on a foot-For-foot basis utilizing a combination of c cation,stream enhancement or stabilization,and vegetative buffers.Terracon utilized the State of lvlissouri Stream Mitigation Method (February 2007)to evaluate the WUS impacts and to propose stream mitigation measures.Copies of the evaluation tables (Tables 3 through 6) can be found in Appendix B, The impacted channel,WUS-1,would likely be considered a tertiary,ephemeral/intermittent and perennial stream.Because of the conditions of WUS-1 and the upland areas,the channels would be considered functionally impaired and impacts would be considered permanent.The stream impacts 13ave been divided into four segments based on flaw type and impact activity.The stream impact activities include impoundment for Regional Retention Basins B and C,pipe for the roadway crossing and fili for the construction of the berm of Regional Retention Bas'n C.Based on the impacted cihannel length of 1,850 feet,the proposed impacts require approximately 6,640 mitigation credits,as indicated on Table 3 in Appendix B. The City of Waukee and Fath are proposing streambank stabilization,rock riffles,and riparian buffer creation to generate stream mitigation credits.The stream mitigation methods are described in the following sections.The WUS mitigation area will be located along an unnamed tributary of Sugar Creek within Centennial Park northwest of the project area.Centennial Park is located in the Southwest Quarter of Section 34,Township 79 North,Range 26 West,Waukee, Dallas County,lowe.The location of the mitigation site can be seen on Figure 1 in Appendix A and the park layout can be seen on Figure 6,Photographs of the stream mitigation area can be seen in Appendix D. During a site visit on July 10,2013,Terracon observed that the tributary within Centennial Park had several areas of moderate to severe bank erosion.The segment of channel at the east end of the site was narrow and deeply cut as shown on Photos 1 and 2.A limited amount of bank stabilization was added to the channel near the east pedestrian bridge,as shown on Photos 3 and 4 A culvert had been installed north of University Avenue,as shown on Photos 7 and 8.A head cut is beginning to occur within the channel west of the culvert,as shown in Photo 10.At one location,shown on Photo 14,the outer bend of the channel is severely eroding. The City has been mowing and using herbicides to control the vegetation to the top of the tributary bank along a majority of the channel within Centennial Park,as shown in Photos 5,6,10,13,14 and 16.In the western half of Centennial Park,the tree cover along the channel becomes thicker;however minimal understory shrub/scrub vegetation is present.The channel west of the pedestrian/trail bridge had a buff r of thick forested and shrub/scrub vegetation as shown in Photos 17 and 18.The banks of the channel in this area appeared to be stable Responsive ra R sourcefuf s Reliable Wetland and WUS Mitigation Plan Procosed Alices Road ard Waukee Greenway ii Wauke",Icvia August 5,2013 ii Ter.econ Proiect No.08117114 1he City is planning to widen University Avenue within the next 5 years.Duo to the location of existing utilities on the south side of the street,a segment of the channel may need to be re- located during the widening project.For this reason,the segment of channel within the potei;tial re-location area as shown on Figure 6 in Appendix A,has not been included in the stream mitigation project.Any impacts to this segment of the stream wig be permitted through the USACE prior to the University Avenue widening project.We anticipate that a buVi'er will be created along this segment of channel after University Avenue is widened. Details regarding the proposed mitigation strategy are discussed in the following sections. Figures 6A and 66 show the existing topography of the stream mitigation site,along with the proposed stream mitigation measures. 6,3.1 Streambank Stabilization Fath and the City of Waukee are proposing to stabilize the banks of the Sugar Creek tributary as component of the stream mitigation for the project,At several locations,the banks of the channel are near vertical and are eroding.The intent stabilization is to .e-grade the banks of the tributary to a 3:1 or greater slope,to establish vegetation along the banks,and to reduce erosion along the channel.Tho locatioi,s of the proposed stream mitigation measures can be seen on Figures 6,6A and 6B in Appendix A and the photos in Appendix D show the stabilization areas. The base of the tributary channel at the east end of Centennial Park will be widened,the slopes will be re-shaped and a rock riffle structure will be installed to improve the flow characteristics of the channel.Photos 1 and 2 in Appendix D show the channel in this location.The ri'ffle structure will slow the flaw of water in the channel and create a riffle/pool section. At one location,shcwn on Photo 14,the outer bend of the channel is severely eroding.In this area,rip rap will likely be added to the toe of the slope and the inner bend of the channel will be re-shaped to improve flow and reduce erosion.Rock riffles will also be installed downstream of the two pedestrian bridges to provide bank stabilization in these areas. One goal of the City's in the mitigation project was to minimize the impacts to mature trees along the stream corridor.The streambank stabilization locations ware selected to minimize impacts to mature trees to the extent possible.We estimate that 15-20 trees will be impacted by the stabilization project. During the July site visit,Terracon observed the tributary corridor for obvious indicators of wetlands in the stabi(ization areas.Along a majority of the channel,the streambanks were s',eep and un-vegetated and would not be considered wetlancis.The top of bank areas contained mowed and maintained grass and also would not be considered wetlands.Or,e small Responsive a Resourceful 8 Reliable Wetland and WUS IVlitigation Pion Proposed Alices Road and Waukee Greenway o Wai;kee,lowe August 8,2013 c Terracon Project No 08117114 bench of reed canary grass was observed directly adjacent to ll",e flowing water,as shown or Photo 12;because of its location at the toe of t'he slope,this wetland would not likely be impacted by the proposed stabilization effort. Based on the Missouri Stream Mitigation Method,the net benefit for the streambank stabilization and installation of rock riffles would be considered "good".The stream mitigation will occur on a perennial,tertiary water within the same watershed as the proposed impact.The stream ."itigation project will likely be covered under Level 1 monitonng with protection iiy adeedrestriction.The construction of the in-stream features is anticipated to occur concurrently with the impacts to WUS-1 (Schedule 2).Creation cf 1,355 linear feet of streambank stabilization would result in the generation of approximately 4,200 credits,as shown on Table 4 in Appendix B.Please note that Figures 6A and 6B show only a preliminary concept;the actual design and placement of the streambank stabilization features may vary as the stream hydraulic factors are evaluated. 6.3.2 Buffer Creation The City of Waukee will establish a deed restriction along 1,355 linear feet or the Sugar Creek tributary within Centenniai Park as a second component of iArUS mitigation.The bufi'er creationareasaresplitintotwosegmer,ts and are divided by an existing culvert.The buffer creation areas will be approximately 50 feet wide centered aiong the tributary.The east buffer creation area covers approximately 0.7 acres and the west buffer creation area covers approximately 1.0acres.Buildings will not be ccnstructed in these areas and they will be used as a natural buffer for the WUS.The approximate boundaries of the buffer creation areas are shown on Figures 6,6A and 6B in Appendix A. The City has been mowing and using herbicides 'to control the vegetation directly to the top of the tnbutary bank along a majority of the channel within Centennial Park,as shown in Photos 5,6,10,13,14 and 16.The 50-foot wide bui'fer creation area wiil be planted with wildflowers and prairie grasses.The buffer area will reduce water quality impacts to the tributary and will enhance the water quality within the site.The buffer will retain soil eroded rrom the upland ground and will minimize siltation of the channel. For the calculation of credits,the buffer area was divided irlto Stream Side A (north)and Stream Side B (south)and into the east and west portions.The average buffer widths for the north and south sides of the unnamed tributary of Sugar Creek are each approximately 25 feet wide. Based on the Missouri Stream Mitigation ivlethod,the buffer credit both the north and south sides of the stream would be based on 51 to 100%planting within the buffer creation area.The stream mitigation wiil occur on the same tertiary water and within the same watershed as the proposed impact The str am mitigation project will likely be covered under Level 1 monitoring with protection by a deed restriction.Seeding is anticipated to occur concurrently with the impacts to WUS-1 (Schedule 2)and the temporal lag is anticipateci to be zero to five years. Pesponsivo e Resourceful s Reliable Wetland end WUS Mitigation Plan Proposed Al:ces Road and Wa kee Greer;way e Waukee,lowe A gust 6,2013 e Terracon Projecr No.08117114 1NB I jr'2COPc Us ng th ivlissouri method,cr:ation of a 50-foot wide buffer area along 1,355 linear feei of the Sugar Cre;k Tribu!ary would gere a!e approximately 2,570 credits,as shown on Table 5 in Appar dix B. 6.3.3 Summary of Stream Mitigation Credits Using the Missouri method,approximately 6,640 str am mitigation credits will be required io oiTset impacts io 1,850 linear feet of WUS-1.Installation of streambank stabilization and rock riffle fea',urea along 1,355 linear feet will generate 4,200 credits.Creating a 50-foot wide huber along 1,3o5 linear feet of the unearned tnbutary of Sugar Creek will generate approximateiy 2,570 credits.As sumr,,arized on Table 6 in Appendix B,approximately 6,770 credits of stream mitigation are proposed to offset the proposed impacts from Alices Roadway and the regional stormwater retention basins.Based on the Missouri Stream Mihgation Method,the proposed stream mitigation r;,assures should be sufficient to off-set the impacts from the project. 6 4 Mitigated WUS Functions and Values The follovnng table discussed Terracon's opinion regarding the estimated functions and values of the proposed WUS rni!igation site.Information regarding the functions and vaiues of the Voas Mitigation Bank are not available. Estimated Functions 8 Values of Wetland and WUS Mitigation Areas Vegetation Species Diversity and Quality Groundwater Recha ge I or Discharge ivloderate to High:The impacted Wetland 4 was dominated by reed canary grass,biack willow,eastern cottonwood and rough (eaf dogwood and the riparian buffer in Centennial Park is mowed and maintained grass.The wetland mitigation bank has been planted with a variety of species to provide a greater diversity and higher quality vegetation A riparian buffer planted with a variety of native prairie grasses and flowers will be created within Centenniai Park as part cf the stream mitigation.Both the mitigation bank and the stream mitigation site will be professionally managed by Dallas County and the City of Waukee,respectively. I ow to Moderate:Modifying the streambanks along the Sugar Creek tributary in Centennial Park wlfl create a widened floodplain and may improve the groundwater recharge/discharge functions. Flood Flow Alteration (Storage) Moderate to High:Modifying the streambanks along the Sugar Creek tributary in Centennial Park will create a widened floodplain'and will improve the flood flow functions of the channel.The improvements wiii help reconnect the stream to its floodplain and will provide additional storage capacity for surface water dunng periods of heavy precipitation. Responsive e Resourceful e Reliable Wetland and WUS Mitigation Plan Pmposed Alic s Read and Waukee Qreenway I V/aukee,I wa August 6,20",3 ~Terrecon Project No 08117114 Estimated Functions 8 Values of Wetland and WUS Mitigation Areas ~Moderate to Hiah.TI3e streambank stabilization measures ar,d Fish and Shellflsh constructed rock riff les will improve the fish habitat within the Sugar Habitat Creek tributary.The rock riffles will orovide a riffle/run/pcol regime within the channel. Sediment or Tcxicant Retention iNutrient Removal or Retention Production Export Seriiment or Shoreline Stabilization Wildlife Habitat Recreation Educational or Scientific Value Low to Ivloderaie High:The streambank stabilization measures and the establishment of a 50 foot wide buffer surrounding the stream will reduce the amount of sediment reaching the Sugar Creek tributary, The constructed rock riffles will crea'.e a riffle/run/poo(regime that will also allow sediment in the channel to settle out. Low:The stream mitigation area is not anticipated to be used for the production of food or usable products;however,the s,te will provide a focd source for wildlife. High The streambank stabilization,rock riffle features,and proposed buffer creation areas along the Sugar Creek tributary will greatly improve the sediment stabilization functions of the site compared to the current practice of mowing directly to the top of the creek bank. Sur',ace water from Centennial Park will enter th buffer areas and the flow rates will be reduced,allowing suspended materials time to sett.'e. Moderate to High:The buffer creation areas and streambank stabilization areas will provide breeding,nesting,feeding,and cover habitats for invertebrates,insects,amphibians,reptiles,birds,and mammals.Migratory birds and waterfowl may also use the ecosystems as food,shelter,breeding,and wintering grounds. Low to Moderate:The City has indicated that children often play within the Sugar Creek tributary in Centenniai Park.By stabilizing the streambanks and making a gentle slope toward the water,there will be easier access for the public to utilize the stream.The buffer will provide improved butterfly and bird watching habitats within the park. Moderate to High:Because of its location on publically owned land, the stream mitigation area will provide a convenient location for the public to study the benefits of stream restoration and riparian buffers. Additionally,the Waukee High School is located directly east of Centennial Park and North Middle School is located north of the park. The addition of a streambank stabilization area and riparian buffer will provide additional educational opportunities for the two nearby schools.The mitigation area will be easily accessible for educational or scientific opportunities because of its location in a public park.The City could install educational signs throughout the park area to educate the public about the environmental,biologic:al,and ecological benefits of the restored stream. Responsive s Resourceful a Reliable 10 Wetland end WU5 Mitigation Plan P oposed Alices Road erd iuyeukee Greenwey e Waukee,Icv/3 August 5,2013 e Ten econ project No,08117'l 14 g g yp improved riparian corridor will provide a unique opportunity for the pubiic to experience a streambank restoration area. Llniqueness or Heritage Estimated Functions &Values of Wetland and WUS Mitigation Areas 1—l'Moderate to Hi h:Tl",e mit'ation site is located in a cit ark.The Visual Quality or Aesthetics Moderate to High The location of the mitigation site w!thin a city park and the creation of a riparian buffer will create a site featui'e with improved visual qualities. Endangered SpeciesLHabitat has no re the proje Low We;lands car.potentially provide critical habitat for Federal and State-listed threatened and endangered species,however,the IDNR cords of rare species or significant natural communities in ct area. Overall,the proposed improvements within Centennial Park wiii provide enhanced functions and values compared to the existing conditior,s. 7.0 WORK PLAN The objectives of the mitigation plan include creating a stream mitigation site with stable banks, a rigle/run/pool regime,and a vegetated buffer area.An outhne of the specificaticn for the creation of the mitigation site includes grading,seeding,erosion control,and signage. 7.1 Grading Fath will be perfonrning the engineenng and hydraulic design of the streambank stabilization and ruck nfrle features.Figures 6A and 6B show a preliminary concept for the proposed mitigation plan;the actual design and placement of the streambank stabilization features may vany based on the hydraulic analysis.Terracon will provide the desigr:for the strearr,mitigation features to the USACE when it becomes available. 7.2 Buffer Seeding Seeding of the buffer creation area will cccur after earth moving and shaping of the sit has been completed.if longer periods of time occur between shaping and the recommended plar.ting time,final disking and harrowing preparation of the soil will not tak place ur.til just prior to planting, Seeding will be conducted by hand or by other methods of broadcasting.The seed mixture could be purchased from ion Exchange Native Seed and Plant Nursery in I-larpers Ferry,iowa or from a comparable vendor.The seed should be of lowe origin,adjoining states,or as speciried. Responsive e Resourceful e Reliable Wetland and WUS Mitigation Plan Propcse"Ahces Road and Waukee G eenway a Wack s,icwa August 6,2013 a Te.racon Project Nc 08 i17114 Ttie recommended seed mixtures are fisted in Append x F and the buffer creation a as can be seer,on Figure G in Appendix A.The SUDAS Type 3 (Permanent Warm-Season Slope and Ditch lfiixture)mix could be used on tne re-graded streambank slopes and the Buffer Seed lvlix could be used on lhe upland areas of the buffer.Due to variations in the availability of seed,up to three species from the buffer seed mix may be omi!ted.Tho following table summarizes the aporoxirnate sizes of the buffer areas. Buffer Creation East Buffer Creation West Total Buffer Area (acres) 0.7 1.0 1.7 7.3 Erosion Control Measures The folicwing meti.ods will be utilized during construction.Culvert and rip rap materials will be clean,non-erodible,and non-toxic to aquatic life.Tributary creasing structures will be installed at right angles to the channel The an;ount of excavation or fill at the tributary crossing will be minimized and construction activity in the water will be limited to periods of low or normal flow, where possible.Use of equipment in the drainage wifl be minimized. Due to the size of the project,a National Poflution Discharge Elimination System (NPDES) permit will be required.The conditions of this permit include creating a Pollution Prevention Plan to prevent silt or sediment from moving off-site.Erosion control measures will be utilized throughout the site until vegetation becomes established.The contractor will be responsibie for installation and maintenance of the erosion cor.trol m asures throughout the duration of construction until disturbed areas beccme stabilized with vegetation. 7.4 Recommended Signage We recommend that signs stating "Conservation Easement,Do Not Disturb*',or similar language,be posted along the buffer creation areas to protect the stream mitigation area,The signs should be placed every 200 to 400 feet along the outer edge of the buffer.An example sign and the approximate placement of the signs can be seen as Figure 7 in Appendix A. Responshe a Resourceful u Reliable 12 TFRNV I.RI30Noiofz OoveNNOII IOI I IRIVNOI.O I T.C OVFRNON &TATE OF IO'ATA DEPARTIIAENT OF NATURAL RESOURCES Ct IOON Gli'F.Ol OEOTON February 13,2012I MR WILLIAM PFARD CITY OF WAUKEE 230 WEST HICKMAN ROAD WAUKEE IA 50263 Dear Mayor Peard: After reviewing your request for State 401 Water Quality 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 Cen:ification has been forwarded to the office of the Army Corps of Engineers as indicated below.You are advised to contact that office upon receipt of this ceitification, 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)281- 6615. Sincereiy, Pi 5 fo.v Christine M.Schwake Environmental Specialist CC:Mr.Af Frohlich,Department of the Army Corps of Engineers,Rock Island District, Clock Tower Building,P.O.Box 2002I,Rock Island,IL 61202I-2002I Ms.Eva Moritz,Fath,8191 Birchwood (1,STE L,johnston,IA 50131 Mr.Gerald Hentges,Terracon,600 SW 7"ST,STE M,Des Moines,IA 50309 502 EAST 9ih STRStrT I DES NIO INES,IOWA 503 l9 0038 PiiONI3 15-28I-'i9I8 FAX 5I5-281-8895 vvNvoioivoonr ov IGWA DEPARTMENT GF NATURAL RESGURCES SECTION 401 WATER QUALITY CERTIFICATIDN Certification issued to:Effective:Februan/13,2014 City of Waukee 230 West Hickman Road Waukee,IA 50263 prepared By:(.,i,g&/CAJNLu Date Executed:~Februa 13 2014 Christine M.Schwake,IDNR,Wallace State Office Building,Des Moines,IA 50319-0034 (515)291-6615 STATE OF IOV/A COUI'ITY OF Po'K I HEARBY CFPTIFY I Aiv THE OFFICIAL AND LAIVFUL CUSTODIAia OF THE PUBLIC RECORDS HAB'ITAINED BY THE &OPIA DEPARTMENT OF NATURAL RESOURCES Ai'ID THE FORFGOliVG DOCUI'IEPIT IS A TRUE AND ACCUIU&TE PHOTOCOPY OF THE RECORD COPY "IAPITAINED IN iFIY CUSTODY AS A PUBLIC RECORD OF THE DE?ARTMENT INJURE OR&lINARY COURSE OF ITS BUSINESS EXECUTED AT DES MOINES BY CRAIG 0 To (SIS-ZBI-&700)ON FEBRUARY 13,20/77 Project certified:US Army Corps of Engineers No.CEMVR-OD-P-2012-0108 State 401 Water Quality Certification No,13-D-049-10-04-5 Project Description:The City will construct Alice's Road between University Avenue and Ashworth Roact ln S4,T78N,R26W,in Dallas County.A regional storm water retention system and greenway will also be created.The road will be approximately 1.5 miles long,41'wide and have a 28'me&lian.The project will also include a 10cwide trail on the west sice of the toad and a 5cwlde sidewalk on the east side.The storm water retention basin system wiil be a regional system.The greenway is being developed to have wet-bottom retention basins.The project wiil result ln the impacts to 4,38 acres of wetlands (3.85 acres of emergent and 0,53 ac of scrub/shrub wetlands)and 1850'of a tributary to Fox Creek,To compensate for the wetland impacts,the City will purchase 4.38 wetland credits from the Voas Wetland Mitigation Bank in Dallas County.To mitigate for the stream impacts,the City wiii stabilize a tributary of Sugar Creek's stream bank,install rock riff les and create a riparian buffer at Centennial Park (S34, T79N,R26W,Dallas County). Water quality use designation: The trib 'lar!es to Fox Creek and Sugar Creek are designated as Class Ai Primary contact iecreationai use.These are waters in which recreational or other uses may result in prolonged ai.d di-ect contact wi".h the water,involving considerable risk of ingesting water ir,quantities sufficient to pose a healih hazard.The tributaries to Fox Creek and Sugar Creek are also designated as Class B(WW-1)which are waters in which temperature,flow and other habitat characteristics are suitable to maintain warm water game fish popuaations along with a resider,t acuatic conimunity that includes a variety of native nongame fish and invertebrate species.Ail suiface waters in Iov!a,including wetands and those designated for Class "A","B",and/or "C" are classified for Lhe Following generai uses:livestock Ik wildlire watering,noncontact recreation, crop i;rigation,and industrial,agria.ituraf,domestic,and other incidental wilhdrawai uses. The Iowa Department of Natural Resources (IDNR)has issued this State 401 Water Quality Certification pursuar.t to Section 001 of the Clean Water Act.The Army Corps of Engineers (Corps)requires state Certification before a Section 10'I permit can be issued.Section»F01 Certification represents the IDNR's concurrence that the project certir:ed is consistent v!ith the Water Quality Standards of the state of Iowa as set Forth in Chapter 61,Iowa Administrative Code.Subject to tne attached conditions,incorporated by reference herein,the IDNR has determined that .here is reasoi,able assurance the proposed activities will be conducted in a manner that will not violate water quality standards of the state of Iov!a. GENERAL COiNDITIONS 1.Prior to constiruction,the permittee is responsible for securing and For compliance with such other permits or approvais as may be required by the IDNR,federal,state,or local governmental agencies for the project activities described. 2.You are encouraged to conduct your construction activities during a period of low flow. 3.Clearing of vegetation,including trees 'ocated in or immediately adiacent to waters of the state,shall be limited to that which is absolutely necessary for construction of the project.AII vegetative clearing material shall be removed to upland,noi,-v!etiand dispose'site. 'l.All constructon debris shall be disposed of on land in such a marner that it cannot enter a wateiway or wetland.Construction equipment,activities,and rraterials shall be kept out of the water to the maximum extent possible.Equipment for handling and conveying n;ateiials during cons»auction shall be operated to prevent dumping or spilling the material into waterbodies,streams or wetlands except as approved herein.Care shall be taken to prevent any petroleum products,chemicals,or other deleterious materials from entering waterbodies,streams or wetlands. 5,Erosion control Features (i.e.,silt fences,silt ditches,silt dikes,silt basins,etc.)must be installed to provide continuous erosion control throughout the construction and post construction period as well as the revegetation of all disturbed areas upon project completion.V»/here siltation control features have been reduced in capacity by 50%or more,the features shall be restored to their original condition with a minimum of delay. 5.A'.I disti!rbed areas (at boih project and m;tgation sites),not covered wi';h riprap,shall be seeded wi'.h nabve grasses,exciudinc Reed Canarygrass (Pha/aris arund/nacea)or any aggressive or invasive species,curing an optimal seeding period.Ii cxcavatior:and construction are completed outside,n optimal seedino period',temporary erosion control protection shall be iinpiemented immediately upon completion of excavation and construction and shall be maintaii,ed until such time as seeding can be coinpleted during ar.optimal period.The applicant shall n",onitor revogetated areas conrinuousi'y to assure success of revegetation.If rye is initially planted to stabilize the soil ther.r,ative warm season grasses shall be planted during the follow!ng growing season. 7.Tree clearing will occur outside of the materni'.y period for the Inaiai.a bat,which runs iroin April 1 to September 30. MITIGATION CONDITIONS 1.l litigation work shall begin concurrent with tl.e initiation o',project construction.The mitigation work shall be completed within one year of the initiation of'project construction on the site.The City of Waukee (City)will notify tlae Corps and IDNR in writing upon the completion of the stream mitigation plan,An as-built plan shall be submitted to the IDNR and to the Corps upon completion.This plan will show the locat;ons of all photo points,planting locations,riffle/pool complexes,locations of stream bank protection and any other sirurture or feature related to the stream mitigation site. The mitigation site snail be monitored annually and managed to confirm whether it has successfully replaced the function and values of the impacted streams after a five-year period.Annual monitoring reports shall be submitted to the IDNR and to the Corps' offlce by December 31 for at least rive years following planting. 2.Future development or land-use conversion of the mitigation area,or any part thereof, for any purpose which may interfere with or be detrimental to stream functions,is prohibited without prior written approvai from the IDNR and tl.e Corps,Prior to commencement or project construction the City shall,with the knowledce and approval of the property owner of record,file a copy of this certification in its entirety with the Dallas County Recorder For entry into the property records,thereby not;fying all parties of this restriction.Further,prior to commencement of construction,the City shall provide the IDNR and the Corps with a "Filed"stamped copy of this certification.Ir thc certiflcation cannot be fled in the mani,er indicated,the applicant shall provide the IDNR with documentation of agreements,contracts,etc.,demonstra".ing to the IDNP,'s satisfaction that the wetland mitigation site will be protect'ed from future actwities that may interfere with or be detrimental to wetland functions and values to a level of assurance equivalent to that provided by the aforementioned filing process. 3.The City of Waukee will establish a deed restriction along 1,355 linear feet of the tributary to Sugar Creek within Centennial Park to protect this mitigation site in perpetuity.Every 20 years the City of Waukee will renew the deed restriction For this site with ihe Dallas County Recorder's Office.Evidence of this renewal will be sent to the U.S.Army Corps of Engineers and the Iowa Department of Nat«ral Resources. As compensation for the wetland impacts associated with this project,the City of Waukee will purchase 4.38 acres of we".lar",d credits from the Voas Wetland Mitigation Baiik in Dalias County,Iovca,This 401 iiyater Quality Certification is contingent upon thc purciiase of 4.38 wetland mitigation credits.Documentation o"this p,irchase with s,'c&natures of the City or Waukee ar d rni",igaiion hanker mus.be provided to the DNR and Corps viithiii 30 days of initiation oi'construction in wetlands. Rip"ap shall consist of clean native Fieldstone,clean quarry run rock or clean brok n concrete.If broken concrete is used ail reinforcement material shall be completely removed From it;if removal is not possible,sa!d reinforcement ma erial shall be cut flush with the rlat sur,"ace of the concrete.It shel'be the applicant's responsibility to maintain ihe riprap such that any reinforcemer;t material that becomes exposed in the Iuture is re!noved.The concrete pieces shall be appropriateiy graded and no piece shall be larger than 3 feet across the longest Flat surf'ac .No asphalt or petroleum based malarial shall be used as or included in riprap ma',ariel. The shaped stream banks shall be sloped no steeper than 2 horizontal to 1 vertical. A buffer strip,at least 25cwide,shall be established along the 2 stream rr.itigation areas and seeded with native species. The rock diff le structures will be keyed into the steam bed aid bank. The City shall cor,duct an annual survey of the stream mitigatior,area to monitor the s.irvival rate of the plantings and conditions at the site.T'ne results of the survey may be documented annually on the Rock Island District Standard Mitigation Reporting Form also available at:~hit:!wvvw2.mvr.usace.arm .mii Re ulato or in an arnual progress pN i ig diiRGLOS-03,hii'.ii '~lid The information and photographs for these reports must clearly demonstrate conditions of the mitigation site.These annual reports are due no later than December 31 of each year For the monitoring period.All annual monitoring reports shall be '.ormatted for an 8.5 x ll inch piece of paper,The mitigation monitoring reports submitted to the Iowa Department of Natural Resources shall be provided to the Corps of Engineers.Reports are due after the first full growing season af'ter the mitigation is constructed and annually for a minimum of five years. 10.The monitoring reports shall include the following information at a minimum:(a) Information concerning the survival rate of all plant species wnich were to be established at the mitigation site,This information shall be collected by a qualified biologist;(b)Annual photographs (taken during the grovjing season and f'rom consistent photo points)showing representative areas oi the sit;(c)Vegetative cover map indicating dominant cover species in each area;(d)Monthly surface water elevations at the site;(e)Cross-sections stationed throughout the stream mitigation site.The cross sections will be placed in areas to determine i;the stream is aggrading or degrading and will be used to determine if the stream i.migrating laterally.The cross sections will be plotted pre-construction to be used as a base line survey and these annual cross sections will be plotted each year at the same locations and labeled;(f)Following the first bank full rain event,a survey will be completed to document any damage to the stream mitigation site and appropriate repairs will be made. 11.The City shall assume all liability for accomplishing any needed corrective work, PrePared by Jody Budde,8191 Birchwood Court,Suite L,Johnston.IA 50131 Phone.515-254-1393 EXHIBIT MAM DEED RESTRIC1 ION BEING CONVEYED TQ THE UNITED STATES CORPS OF ENGINEERS EXHIBIT "A" CENTENNIAL PARK DRAINAGE IMPROVEMENTS CITY OF WAUKEE PROPERTY OWNER: CITY QF WAUKEE 230 W HICKMAN RD WAUKEE.IA.50263 BOOK 47ll.PAGE 1421 LEGAL DESCRIP1ION: A ARCEL OF LAND LOCATED IN SOUTH HALF OFTHE SOUTiiYYES1 QUARTER OF SECTION 34.TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL I IERIDIAN,PART OF THE CITY OF WAUKEE. DALLAS COUNTY,IOWA.MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOU H QUARTER CORNER OF SAID SEC IION 34. THENCE NORTH 89'46'26"WEST,1403 36 FEET ALONG THE SOUTH LINE QF SAID SECTION 34 THENCE NORTH 00'13'34"EAST.69.63 FEET TO THE POINT OF BEGINNING:THENCE NORTH 70'00'49"'JYEST,82 81 F FT THENCE NORTH 29'3l'17"EAST.55 39 FEEI''I'HENCE SOUTH 69*16'20' EAST.21 76 FEE,THENCE NORTH 41'10'40"EAST,54 01 FEET.THENCE NORTH 33'0 I'16"EAST.50.41 FEET.THENCE NORTH 45'03'00 'EAST. 54.25 FEET THENCE NORTH 58'18'58'EASI',57 08 FEET,TIIENCE NORTH 9'GII'28'EAST 16 41 FEET THENCE NOR1H 64'20'49"EAST 70.96 FEET;THENCE NORTH 55'21'33"EAST,45 31 FEET;THENCE NORTH 15'39'10'EAST 74 24 FEET'THENCE NORTH 42'52 57'EAST 65.05 FEET THENCE NORTI.I 38'l 1'23"EAST 56 49 FEET THEI'ICE SOUTH 03 gC N 33'01'16"E 50 47 31'I I'17"EAST,68 28 FEET;THENCE SOUTH 43'43'51"WEST.64 40 FEET.THENCE SOUTH 23'42'47"WEST.69,TB FEET:THENCE SOUTH 225"48"WEST 58.98 FEET THENCE SOUTH 64'15'34"'NEST,67 15 FFET HENCE SOUTH 59'23'13'WEST.82 43 FEET;THENCE SOUTH 68'10'56" WEST 42 24 FEET.THENCE SOUTH 32'58'44'WEST 55 02 FEET THENCE SOUTH 42'25'2tl"WEST,44 48 FEET;THENCE SOUTH 46'37'LI"WEST 71.30 FE T To THE POINT OF BEGINNING.CONTAINING 38,478 SQUARE FEET OR 0.88 ACRES LIQRE OR LESS N 55'21'33"E 45 31 N 64'2li'49"E 70 96' N 59'00'28"E 1647' N 8'1658'E 5708' N 41'IG 40'E 540P S68"10 56"IN 42.24' 40' T. 5 . X I 3 N MD IE.APGMUUEMTS Sl 0774 TD BE SCI WILL BC ESTABLPSMSD Atl R CGI 5TRUCTIDM IS CDLPPLFTSD FIELD SURVEY COMPLETED JULYZ015 RYL~LJIO oe GAL,.K' e L I:t ILK n 6 0 I.R IP 1M1 (R) P i DUAD SS'Ito CGR SR IOP IPF'lt roll ID '3 IPSIPGD'UMLBSS 4G1FDI SE 4"RLMGD 'PPPPMK I AP "i24 7 IUP BS"PGIBDI PRCMRER D PRCM PIPE NCASURSD DPNENSIOP rlSCG'IDCD Dtt'0 ISIGM SSCIIOMLII 5 tlfGtll Gt"AAY PIN ' PRDPRRN LINL DETAIL A Noo 3058"c 3 01' NIN CORNER GOVERAIENT LOT 4 FNO CUT X 532'58'44"W 5502 SW CORNER SEC 34.79-28 .2,S 42'25'28''Al 44 48' FND COTTON GIN SPIKE Li S46'37'IMW 7130' N 89'46'26"ilY 1403.36' N 89'46'26 IV 2639 50 f SEE POC su4 coRNER SEC 34-79-26 FNO CUT X DETAII.A LIPIL TABLE LIME LEPISPM 864RIMS LI L3 LP L5 L6 Ll LS L ID 82.81'Ml'I 00'4'I"M 55.3l'42 I 31'I7"2 2 7.76'O'I'16'20"2 74.24'M15'3'I'ltl"5 6'1.05'M42'52'57"2 56.4'I'il38'17'23 "2 6S.28'537'll'll"5 64.40'343'4'3'51"4 64.18'523'IZ Ar"4 58HIS'522'55'48 "Y SE UNIVERSITY AVE J ~DSBDRASTRI TIDY LII 61.15'564'15'34 "it SURVEY FOR, CI TY OF WAII KEE 230 W HICKMAN RD V'IAUKEE,IA 50263 PtiONE i5I51987-4 22 OTII PROJECT NO 14W021.01 DATE 6127I2017 +Forth SG Pt LIZ 62 43 55'I 23 13 M SHEET I OF 2 Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,1A 50131 Phone:515-258-1393 EXHIBIT "A" PROPERTY OWNER: CI YQF WAUKEE 230 W HICKAIAN RD WAuKEE IA sozss BOOK 478 AGE 1421 LEGAL DESCRIPTION;0 ll lhl ToiNNSWP 79 DAI LA COUNTY,Fll HC 5 AIDNI BFTl SWGWH ross BFT 'HILL BF 85rhilf IBHGD A,7 H'I CDHETH'C ICHIB CGPPI.7FP. A PARCEL OF LAND LOCA I'ED IN SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 34 NORTH RANGE 26'FJEST OF THE FIFTH PRINCIPAL MERIDIAN.PART QF THE CITY OF WAUKFE IOWA.MORE PARTICULARLY DESCRIBED AS FOLLOWR COMtlEFICING AT THE SOUTHWEST COR IER OF SAID SECTION 34.THENCE NORTH 00'27'3l"EA T 4 I 7-F ET ALONG THE WEST LINE OF SAID SECTION 34:THENCE SOUTH 89'32'29"EAS7,149 54 EET TO T'HEPDINTOFBEGINNING;THENCE NORTH 36'44'04"EAST 81 25 FEET;THENCE SOUTH 34'08'12'EAST.53 57FEEITTHENCESOUTH82'Dd'09"EAST,51.12 FEET;HENCE NCRTH 85'48'41"EAST.42.58 FEET;THENCE NORTH 68'05'44"EAST.59.17 FEET,THENCE SOU7H 82'15'57"EAST.58.36 FEET:THENCE SOUTH 44*5G'28"EAST.45 56 FEET;THENCE SOUTH 28'34'35'EAST.50 06 FEET.THENCE SOUTH 28'29'09'EAST.54 46 FEET:THENCE SOUTH 82'03'34"EAST 30 92 FEET;THENCE SOUTH 46'41'37"EAST.49 72 FEET.THENCE SOUTH 09'GZ 45"EAST.60.40 FEET;THENCE SOUTH 23'20'15"EAST.46.21 FEET.Ti ENCE SOUTH2'51'38'AST.45 42 FEET THENCE SOUTH 35'23'28"WEST.82 31 FEET.THENCE NORTH 50*2Z 11' 'NEST,60 14 F EBLT.THENCE NORTH 40'25'21"YIEST,92 97 FEET.THENCE NORTH 01'25'61'EAST.54 14FETTHENCENORTH03'21'38"EAST.27 80 FEET.THENCE NORTH 68'50'28"WEST.41 15 FEET THENCE NORTH 57'36'18"'NEST,57 34 FEET'THENCE NORTH 27'23'39 WEST,59 9 FEET;THENCE NORTH 15"42'04"WEST,26 06 FEET;THENCE SOUTH 83'44'51'WEST,44.07 FEET THENCE SOUTH 67'08'44"WEST, 61 74 FEET.THENCE NORTH 73'45'46"WEST,69.46 F ET.THENCE NORTH 58'17'28 WEST,97 26 F ET TO THF.OINT OF 6EGINNING.CONTAIHING 48 829 SQUARE FEET QR I 12 ACRES MORE OR LESS 'Nlid CORNER I ' S 34'08'll"E 53 57' SEC.34.79-26 FND PK NAIL 382'04'09"5117' L4589'32 29'E FIELD SURVEY COLIPLETED JULY 201 2tt SSCSdd'50 28"5 45 5B 149 54' DEED RESTRICTION BEING CONVEYED TO THE UNt I'ED STA I'ES CORPS OF ENGINEERS E35HtBtj "A" CENTENNIAL PARK DRAINAGE IMPROVEAIENTS CITY OF WAUKEE fd I UJzK rc lz Z IZ Iz POB S23'20'15 E '1621 S 2'51'stl'E 4542 N 03'2T38'E 2780' N 01'2"51'E 5414' N 40'25 Zl W SZ 97' S 28'29'09 E 54d6 5 82'03'34"E 309ZI S 46'll'37'E 49 72' N 15'42'04"W 2806' N 2N 23'39'W 5959'909'GZ45'E 6040' N '36'18'W 5734' N66'50 28"W 4115' PQC SINCQRNER SEC 34-79-26 FND COTTON GIN SPIKE 33' N 50'22 11'IV 6014' SE UNBIERSITV AVE S 89'46'26"E 263950' 504 CORNER SE .34-78-6 FND CUT X" LFQEVD 0 IR IP I M I jRI FOUND SECTION CGHHLH FAG Uhlhsr FOUND 2'HS ADD ILI L8 FW HGFFDS Srl 4 Ahnooll'PIHA CAP ill 7 lhhi BBHIDTBDI IAOH HSHGD SIGH PIPE U ASUHBD DltlSWSIOI HSCDAD 0 slu "ISIDH ABC,loh i Ih F. HIGH .Cf;rlAY I sll 'IOPFP 7 IHS DSSD HSBTHI TICK L I HE LI L3 Ll L5 L6 Ll LB LS LINE TABLE LBHGTH BEARING 81.25 42.59 435'44'04 "5 485'48'41 "5 5'l.17'468 05'll"5 58.36'582'15'5I"5 82,31'535'23'29'9 44 07'583 44 51"W 61.74'567'08'44 "W 6'IH6'473 45'46 "W '17.26'H58 17'28"W SURVEY FOR CITY OF SVAUKEE 230 W HIC K M AN RD V/AUKEE IA 50263 PHONE;I515)987-4522 +Forth SHEET 2OF 2 FOTH PROJECT NO 141H021-01 DATE 6l27 "2017 7'N l l ill l f