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Home My WebLink About28729 / 77-22� 0 P�'�_RCH 17. 197,'� # 22 RESOLUTION PURPOSE: Request Corps of Enb�neers to Investigate Removal of Glood Pilings from Fox River Ii�iITIATED BY: Councilman Schie.felbein WHEREAS, the Fox River in tne City of Oshkosh i^epresents an im�ortant er.vi.ronmental and econc�ic resource for water-oriented r��reational boating, and WHEREAS, there e�:ists wood pilings within certain reaches oi the river which represent a safety hazard to the boa�ting public, and YdHEREAS, the Ar�y Corps of Engineers requires sponsorship of such a project by a local public body, and LJIi�,REAS, the City of Oshkosh possesses the legal and financial capability to cooperate with the United States to undertake such a �roject under Section 66.45 of GlisconsiiZ Statutes. NOW THEREFORE BE I"' RESOLVED that the Common Council of the C_�_±�y oi Oshkosh hereby reque5ts that the F�rmy Corps of Engineers underta}ce an inves��gation of removal of pilings under Section 3 ot t�e 1945 R�ver and Harbor A_ct. SUB%4ITTED BY APPR ,�e •�� , ,' ._2?- _ .. �-,.�.�s.�...,�. r,a.w.,�...,�...�..�......_....��,�.�.��...��..�..�,_..._,._ -- - - �.� � � ��. '`�� ', ' r � �.�T�� 1�J -YV ' ; ,: �,,��.,� � DEPARTMENT OF THE ARMY GHICAGO DISTRICT. CORPS OF ENGINEERS 219 SOUTM DEARBORN 57REET CHICAGO. ILLINOIS 80604 OORPS OP ENGINEERS' PROGI2AM FOR CLF.ARING AND SNAGGING FOR NAVIGATION �'HE AUI�IORITY OF SECTION 3 OF THE 19 5 RIVER AND f��RBOR AGT Backgrotmd: Section 3 of the 1945 River and Harbor Act provides authority fo� r�t ie Chief of Engineers to remove acctunulated snags, and other debris and for the clearing-and straightening of channels in the interest of navigation. Each selected project must be complete-within- itself, economically justified and environmentally acceptable. . � Pro'ect Sc e: It is the policy of the Chief of Engineers to utilize is au ority primariiy as an emergency measure to remave- tuireasonable obstructions to navigation. The program cannot_3�nplement ___ any portion of a project sgecifically authorized �y Congress :-It canno�-_ -- be used either for remedial work resulting from normal-shoaling process �r,for general widening or deepening to acconmlodate larger vessels. i.�cai i,v��eracion: ronnal assurances of Iocal cooperation similar to those rec�uired for projects specifically authorized by Congress must be � furnished by the local sponsori�g agency. The local sponsor must be a municipality or public agency fully �uthorized tmder_State_laws to give_ such assurances..-and�inancially capab3e of �fulfilling all--measures .of local cooperation. 1'�ie spor�s�ring.agency-must agree to: (1) Contribute in cash the local share of project construction cost. The present basis for cost-sharing in recreational navigation projects is for local i..terest te ass�ne one-half Qf the_first cost of general navigation improve�r.ents . The United States however, assl.unes the entire cost of general navigation� irrq�rovements necessary for cotrmiercial navi- gation. Charter boat fishing is considered as commercial navigation. (2) Bear the costs of all recurring maintenance necessitatecl by the proj ect . ' (3) Provide without cost to the United States all necessary lands, easements, and rigtits-of-way required for construction of the project including suitable disposal areas ��ith any necessary retaining dikes, bulkheads, and emban�nents therefor. �,,` �t;t,'` ` � R�F��i ~ �s �. —'"""�K_ "'�--t"'y.. ,'-�-�� ,,�; ��.:u�� . x .� �� .. ��rt> �� O��GENTEN�i` �9 ti � J � 0�6 � ,^,�<o �b�IL3`Nd � (4) Except for damages due to the fault or negligence bf the United States or•its contractors, hold and save the United States free from damages that may result from construction and maintenance of the project. (5) Accamplish without cost to the United States all required utility alterations and relocations. • How to Request a Federal Navi ation I rovement Under Section 3: An investigation un er Section 3 may e initiate after receipt o a fonnal request from a prospective sponsoring agency. The request and further inquiries should be made directly to the District Engineer, Chicago District, at the address shown at the top of this fact sheet. 0 0 2 . 0 0 ; �a� ��«��i`J��j ' DEPARTMENT OF THE ARMY ` �/, CHICAGO DISTRICT. CORPS OF ENGINEERS � '� -".1; � 219 SOUTH DEARBORN STREET I'' �/ CHICAGO. ILLINOIS 60604 � r / NCCPD � F E B �=%� � ��C��"�� Mr . David L . Wendtland Director Department of Corrurnu�ity Development P. 0. Box 1130 Oshkosh, Wisconsin 54901 Dear Mr. Wendtland: �E� � 1 1977 D�,t'ART,tiiENT OF COM�riUNITY DEVELOP�tiIENT Thank you for your recent letter expressing continued interest in remr�val of wooden pilings in the Fox River at Oshkosh, Wisconsin. The Corps of Engineers has continuing authority �der Section 3 of the 1945 River and Ha.rbor Act to i.nvestigate, adopt and �dertake projects to remove accLUrculated snags and other debris and for clearing channels in the interest of navigation. These projects must be complete-within- themselves, justified and environmentally acceptable. The project must be sponsored by a local public body, legally empowered and financially able to cooperate with the Ihlited States and provide all required local cooperation. The items of local cooperation and further information on the Section 3 program are given in the inclosed fact sheet. A request for a Section 3 investigation may be in the form of a letter stating the nature of th.e problem, citing the State law which err�owers the public body with the legal and financial capability to cooperate with the United States, and requesting that a study �der Section 3 be i.uider- taken. The letter should indi.ca.te that the sponsor Lmderstands the general items of local cooperation and has the capability and is tentatively willing to cooperate with the United States in the event a project is adopted for construction. A drawing showing the extent and loca.tion of the problem area should also be provided. Upon receipt of a request for a Section 3 study, this office will Lmder- take a preliminary investigation as soon as our workload permits. This study will be based on available data and will determi.ne whether a detailed investigation leading to possible authorization of a Federal project is warranted. We wish to eraphasize that removal of the pilings at Oshkosh would benefit recreational navigation. Therefore, in the,event a Section 3 project was .�C" GV�' 1 "F FR�, o d �� r S�ES �pLUTip�y P� e�G� 2 �Z Q c� m �il�b ^a2 �>>6 -1916 � s FE6 ��f NCCPD I�ir. David L. Wendtland adopted, the local sponsori.ng publ�.c body would be required to contribute 50 percent of the cost of xemoving the pilings. Further, we nnzst justify Fecieral participation in any project adopted for construction. The rederal iriterest would probably have to be based tzpon preventing fuiure property cia.mages and personnel injuries or deaths, due fi.o xecreational craft striking the pilings. Historical data on past boating accidents involving the pilings would be used in our analysis. �Ye would appreciate receiving any available data on past boatzng accidents or any other �nformation you believe might assist us in justi.fying Federal participation in removal of the pilings . If you have any questions or need further assistance, please contact I�h�. Richard E. Carlson of our Planning Division. His tele�hone nwnber is (312) 353-6513. Sincerely yours, (' � `�..�JL.-a.l.c.+.a �.:° 'a,rr,a..ca., a Incl ANDREW C. 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