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HomeMy WebLinkAboutSupplemental Environmental Project Application - IDEMI J, I :I IT, M ZIFA 0 1 all] ly� i EL43 To Board of Public Works From Kieran Fahe , Director of LTCP, Dept. Public Works Subject Supplemental Environmental Project- Bowman Creek Date June 18th, 2018 On July 22nd, 2017, the City of South Bend's waste water treatment plant (WWTP) failed to channel excess rainwater from the return activated sludge channel to the out of service clarifiers resulting in a bypass of approximately 1 million gallons of mixed liquor overflowing from the return activated sludge channel onto the ground. In addition, the bypass resulted in approximately 10,000 gallons of mixed liquor being released overland into the St. Joseph River in violation of the WWTP's permit. Due to this Permit violation the Indiana Department of Environmental Management (I D EM) considered imposing a monetary fine, however the City negotiated and as a result agreed to undertake a "Supplemental Environmental Project" (SEP). In this agreement the City must spend $30,000 on this SEP. Details of the SEP are attached, in summary it involves a clean-up and restoration of a section of the impaired Bowman Creek waterway. Please see the attached document for full details. As the City's coordinator of this SEP, I now kindly request that the Board of Public Works endorse this Droiect and associated costs ($30,000). CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORIKS Gary Gilot, resident Jayfes Mueller, Member Elizabeth Maradik, Member Therese Dorau, Member Suzarma Fritzberg, Member ATTEST: Linda Martin, Clerk Date: 6 / 2 6 � 6 / V City Designated Representative: Name: Kieran Fahey Title: Director, Long-term Control Plan IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. 100 N. Senate Avenue • Indianapolis, IN 46204 (800) 451-6027 (317) 232-8603 www.idem.IN.gov Eric J. Holcomb Bruno L. Pigott Governor Commissioner Supplemental Environmental Project (SEP) Application (For Respondents to propose a specific project) 1. Name of Applicant: Respondent's Name Kieran Fahey, on behalf of the City of South Bend. 2. Street Address: County -City Building 227 W Jefferson Blvd, Suite 1316 N South Bend, IN, 46601 3. Contact Person Phone Number and E-Mail: Project 'Director -or person who will be responsible for all required submittals Kieran Fahey, Director LTCP Project Management County -City Building 227 W Jefferson Blvd, Suite 1316 N South Bend, IN, 46601 574-235-5993 kfaheyQsouthbendin. ov 4. Date of Request: 5. Name of Project: March 29th, 2018 Bowman Creek Improvements, 2018. 6. Project Description: Provide a wntten:detailed description of the project, including the need for.the project and the availability of other similar services well as a:technical description of the or projects in the area. Identify the affected process, medla, waste stream;or discharge, as w Work to e:performed and benefits to:be produced. Include detalled Information describing how, where, by whom, and.when the ti project will be completed..5pecific dates and. milestones must also be included (Please continue the project' description on back. of farm'lfadditioral space is'needed.} Bowman Creek is an impaired urban stream that runs through the Southeast Neighborhood of South Bend, Indiana. This project is a cleanup and removal of facets of the creek condition that reflect deferred maintenance (small invasive tree shoots in the creek channel) or past ill-conceived access solutions. Bowman Creek has a fence around it that is inconsistent with environmental justice (one would not find a creek in a chain -link fence in a middle income or affluent neighborhood). The purpose of this SEP is to clean up and beautify the creek and adjacent properties so as to improve the creek's local environmental condition. The described project area is part of a 2- mile stretch, in which about 30% of its entirety is underground in various areas. The neighborhood of the proposed project is in an area of high -need for lighting and many An Equal Opportunity Employer 0 Recycled Paper, A State that Works. Violator Name Case 4 Page 2 households are below the poverty line. The work that will be performed will include removal of invasive tree shoots from the creek channel. An erosion control plan will also be identified as part of the project. The removed trees will be replaced with native trees and plants. The chain - link fence around the project area will be removed as well as installing alley park -style wooden guardrails along with potential for lighting. Primarily, the invasive overgrowth of small trees is to be cleared. Larger shade trees will be left unharmed. Debris and litter in the creek and surrounding land will also be cleaned up. The work will be managed by the Bowman Creek Educational Ecosystem (BCe2) (https://www.bce2,orgn, under the supervision of, and support from, the City of South Bend Public Works Department and Venues Parks and Arts Department, 7. Type of Project: Pollution Protection Pollution Reduction Environmental Conservation Protection and Restoration X Public Health Environmental Audits Comprehensive Environmental Training Community Involvement X Public Awareness X Other: Environmental social justice 8. Project Schedule: Provide project implementation schedule and status report submittals schedule 1. Stakeholder engagement commenced with a community meeting on March 20th. 2. Cleanup of litter will begin on April 14t". 3. Removal of non-native and invasive trees and weeds is planned to begin late April/early May with the severance of scrub tree trunks, and will continue into the summer to ensure successful and thorough removal. 4. Replanting with native plants will commence in July, but due to seasonal requirements some may need to wait until fall. 5. Fence removal will also be undertaken in July. 6. Additional fixtures in the public space such as the wooden guardrail along the alleyway will be added in June and July 2018. A progress report will be submitted by August 10t" with a final report by Dec 3V, 2018. If due to seasonal planting requirements planting is later in Fall, a follow-up report will be issued next summer by July 301" 2019 Violator Name Case # Page 3 9.Conception of Project: Provide information.pertaining to when the project wasfilirst conceived by;lhe company, as well as why the SEP was proposed. If. research was conducted, or; a pilot project undertaken prior to IDEM's enforcement action, provide a description of such research or:pilot project and'state when the work was performed and why the currently proposed'SEP.was not thenImplemented. Bowman Creek Educational Ecosystem (BCe2) started in 2015, but discussions between neighborhood residents and community leaders began over a decade ago. Some cleanups have been done in Ravina Park and a brownfields grant assisted in the dredging of an upstream pond which has helped biota in the creek. The Fish Studies Aquatic Survey conducted by South Bend have pointed community engaged students, faculty and staff talent to meet purpose and engage in community service projects that use environmental engineering, civil engineering, computer science engineering, ecology, sustainability, environmental science and environmental management along with biology, biotechnology, botany and education skills to address complex real world challenges as multidisciplinary experiential learning. There are practicing professionals who mentor BCe2 in the City. Specifically the BCe2 team is intentionally inclusive of the University of Notre Dame, Ivy Tech, IU South Bend, Saint Mary's, Purdue, IU, Ball State and more. BCe2 is partly funded through National Science Foundation research by Principal Investigator Jay Brockman looking at Improving Undergraduate STEM Education for women and under -represented groups. BCe2's driving interest in this project is to assist the City to right an environmental injustice; the condition of the Creek in this neighborhood is far below what one would expect to see in a middle income or affluent neighborhood. The BCe2 mentor (Gary Gilot, see section 15) approached the City with this proposal as the City was contemplating a SEP and the parties liked the concept. The proposal was taken to a Southeast Organized Area Residents (SOAR) meeting and received community support. BCe2 are now hopeful that IDEM will also like this project and approve it so that work may commence this Spring. 10. Quantify: For Pollution Prevention or Red uation7QUantify; the amount of each pollutant that is; expected. to be reduced, :beyond that required for environmental compliance. Specify the media (air, water, land) to be a€fected.: For all other. pes'of projects -Quantify the '. number of participants, programs, acres of land restored, etc. Indicate what procedures wili.be used to verify.:the amount of poliutants..'reduced (e.g., stack test, sampling, monitoring data, etc.) We believe this is not applicable to this type of clean-up and native plant vegetation. 11. Expected Environmental Benefits: Explain the expected environmental. benefits of the project and quantify the environmental benefits if possible: The expected environmental benefits will be to remove invasive plant species and reintroduce native plant species. We will also work to remove debris and unnatural items from the creek channel. By removing the chain -link fence and replacing with park guardrails, we hope to decrease the amount of illegal dumping that occurs. By utilizing our waterways as beautiful neighborhood natural environmental resources rather than areas of blight, we will be able to counteract the poorly planned, executed, or maintained built environment impacts in the project area. We hope this has a "snowball effect" in the surrounding areas and encourages further environmental justice projects. Violator Name Case 4 Page 4 12. Total Cost of Project: 13. Total Amount of Penalty Cost must be clearly and solely attributable to the proposed SEP. Offsetting: $30,000 $8,320 14. Accounting: Provide a detailed estimate of the cost of the project, including a specific breakdown of equipment and other capital costs, as " well as well as labor costs Identify. consultants who will perform the work, if. any, and differentiate the allocation of labor costs between consultants.and company employees, if applicable. Generally, there are three types. of costs that may be associated wrth.the performance. of a SEP;. capital costs (e.g., equipment, buildings) one-time non -depreciable costs (e.g., removing contaminated materials, purchasing land, developing a compliance promotion seminar); and annual operation costs or savings (e.g., labor, chemicals, water, power; raw materials): Current working budget: - Guard rails and reflectors to be installed in place of existing chain link fence: $7,000 - Cobra head light rentals $300 - Native Plants ($1.251plug) in a-13,000 sf area =-$15,000 - Remaining $7,700 to cover brush removal and mist. costs including: Labor costs where necessary (community volunteers or city services to be enlisted whenever possible, at zero cost). The total cost of the SEP is to be $30,000, 15. History: Demonstrate the project implementer's history of implementing and managing an environmental enhancement project. The SEP will be paid for by the City of South Bend and undertaken as a partnership between the City and BCe2. Gary Gilot is the mentor and overseer of BCe2. Below is a history of Gary's history in successfully implementing similar projects. Gary A. Gilot, P.E. will be advising the BCe2 effort on the SEP. He received his degree in Civil and Environmental Engineering in December 1977 from Clarkson University. He has been a Licensed Professional Engineer in the State of Indiana since January 1982. He has been responsible for many environmental cleanup and enhancement projects totaling several hundred acres. A representative sample of experience and qualifications include: Transformation of a 40-acre open municipal dump on Lusher Ave in Elkhart IN to the Elkhart Environmental Center including clay capping, vegetative cover, constructed wetlands and teaching a generation of Elkhart children to be better stewards of their air water and land resources. 2. Acquisition of the flood plain of the Elkhart River west bank from the Elkhart Environmental Center to the Studebaker Park in Elkhart Indiana. Relocating property owners, conducting demolition and working with eagle scouts to add interpretation and amenities along the river trail including a small amphitheater along the river bank. 3. Transformation of the 160 acre Elkhart City Sludge Farm to the Boot Lake Nature Preserve including establishing 80 acres of tall grass prairie and interpretive trails to a eutrophying lake and naturalist interpretation of state endangered l: f Violator Name Case # Page 5 species such as Trillium and Blandings Turtle. The site was also made host to a 2,500 tree nursery with solar powered drip irrigation. 4. Transformation from a ravine filled with trash as an open uncontrolled dump in South Bend IN along SR 23 opposite Innovation Park at Notre Dame into the Fredrickson Park including clay capping, vegetative cover, 15 acres of native plants and wildflowers and a geotextile lined swale and pond system with a pump to recirculate drip irrigation for the site. This dump to park transformation with adjacent homes with basements required an active methane control system. Sited Boy Scout Resource Center for 11 counties on land along this park to encourage stewardship merit badges by doing STEM education enhancements to Fredrickson Park in cooperation with South Bend Parks. 5. Transformation of the former Fitterling construction landfill to the Erskine Commons shopping center, installing liner and leachate collection, capping and passive venting and securing $50 million in economic development on about 60 acres where once there was a dump at the intersection of US20 Bypass and US 31, Lowe's, Walmart and Gates Automotive group Dealership are the anchor tenants at the environmental remediation site. 6. Assembled and cleaned several legacy industrial sites through Voluntary Remediation Program to fast track Economic development of 500,000 square foot warehouse distribution facility on 72 acres for AJ Wright —now the Lippert Industries facility at Sample and Olive Streets in South Bend. 7. Assembled, demolished and remediated Oliver Chilled Plow legacy brownfield site of approximately 60 acres in South Bend to a productive industrial park now home to Rose Brick with the power house repurposed and the signature "Oliver" stack preserved as a historic landmark still dominant on the skyline of South Bend. 8. Assembled, demolished several million square feet of former Studebaker industrial complex and remediated all record environmental conditions through VRP and created 120 acre Ignition Park home to clean technology jobs of the future including data centers, turbomachinery research, accelerator facilities for entrepreneurial ventures and a platinum LEED transit maintenance facility with native plants, solar and geothermal energy and a CNG refueling facility as a city collaboration. 9. There have been numerous other projects including Bowman Creek Educational Ecosystem cleanups and park enhancements along Bowman Creek that would suggest that the adviser and team (including multiple Environmental Science and Environmental Engineering degreed interns and more than a decade of close working relationship and contracted advice from Mark Obrien of Cardno JF New Native Plant Nursery in Walkerton) to represent confidently that we are capable of this quarter acre enhancement scope Violator Name Case # Page 6 16. Reporting: Describe the information and documentation. that would be included in project status reports. Project reports must provide sufficient information for IDEM to monitor the project implementation status, to verify and document the proper expenditure of SEP funds, and to evaluate the effectiveness and benefits of the SEP. Project reports must also include the quantified environmental benefits of the projects. Receipts of expenses will be retained and provided in project reports. Pictures before and after each project stage will be provided, including cleanup, planting, and fence removal. The report will include pre and post -surveys on the neighbors and the neighborhood. We will also include a site assessment on improvements to the project area. The report will also include an update on working with the City of South Bend Code Enforcement office to develop an action plan for adjacent nuisance properties. By working to improve the area around the nuisance properties, we will be working under the notion that this will also encourage upkeep of surrounding properties and a virtuous cycle of community pride and upkeep. We will submit a progress report by August 10 and a final report by Dec 31, 2018. If planting is later in Fall we will do a follow-up report next summer by July 30, 2019. 17.Affected Laws: List any permits and/or laws that may be applicable to the project. Erosion Control Plan with help from City Engineering 18. Supporting Documentation: List all of the supporting documents that are being submitted with the application. A letter for resolution from the appropriate board, governing body, or executive staff expressing the organization's commitment to the project should be attached. Photos, equipment pamphlets, price quotes, and/or proposals from a suppliers or consultants are other documents that may be required. Additional documents that will be provided with this application include the presentation slides that were used to initially present the project scope to stakeholders, as well as the pamphlet used to present the project to the local neighborhood organization, Southeast Organized Area Residents (SOAR). Rendering: looking east from Carroll St. (post SEP, please see next page) Violator Name Case # Page 7 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/19/2018 Name Kieran Fahey Department Engineering U Agreement ❑ Professional Services ❑ Bid Opening ❑ Quote Opening ❑ Change Order No. ❑ Ease/Encroach. ❑ Other: Supplemental Environmental Project Company or Vendor Name: H Contract ❑ Resolution ❑ Bid Award ❑ Quote Award ❑ C/O &PCANo. ❑ Traffic Control Proposal ❑ Req. to Advertise FO . New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name. Project Number Funding Source Account No. Addendum ❑ Title Sheet Bowman Creek Supplemental Environmental Project. 118-049 Wastewater contractual service 641-0630-793-3665 Amount $30,000 Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑