FY16 Mason Inlet 2016 Maint Event GrantGRANT CONTRACT NO. 6782
STATE OF NORTH CAROLINA GRANTEE'S FEDERAL
COUNTY OF WAKE IDENTIFICATION
NUMBER:'" --0324
This Contract is hereby made and entered into this 25th day of January, 2016, by and between the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, (the "Agency ") and New Hanover County, (the
"Grantee ") (referred to collectively as the "Parties ").
1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by
name as follows:
(1) Grant Contract No. 6782
(2) General Terms and Conditions (Attachment A)
(3) Agency's Request for Proposal (RFP) (Attachment B)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements
or agreements. The Parties may enter into Contract Amendments in accordance with the General Terms and Conditions
as described in Attachment A.
2. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the
term in the Contract Document with the highest relative precedence prevails. The order of precedence is established by
the order of documents in Paragraph 1, above, with the first- listed document having the highest precedence and the last -
listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment
has the highest precedence and the oldest amendment has the lowest precedence.
3. Contract Period: This Contract shall be effective on the 25th day of January, 2016 and shall terminate on the 31st
day of December, 2016.
4. Project Period: The Grantee begins the project on the 25th day of January. The Grantee undertakes and
completes the project in a sequence that assures expeditious completion in light of the purposes of this agreement.
Grantee completes the project on the 31 It day of December, 2016.
5. Grantee's Duties: The Grantee provides the project as described in Attachment B, Mason Inlet Relocation
Project, and in accordance with the approved budget in Attachment B.
6. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract
Documents.
The total amount paid by the Agency to the Grantee under this Contract shall not exceed NINE HUNDRED TWELVE
THOUSAND NINE HUNDRED NINETY EIGHT DOLLARS ($912,998.00).
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GRANT CONTRACT NO. 6782
This amount consists of:
Type of Funds Funding Source CFDA No.
Other Receipts SDNCD & L M Fund NC
Accounting Code Information:
Dollars I GL Company GL Account GL Center
$912,998.00 11602 236990 2182
[ ] a. There are no matching requirements from the Grantee.
[ ] b. There are no matching requirements from the Grantee; however, the Grantee has committed the following match
to this project:
[ X ] c. The Grantee's matching requirement is $456,499.00, which shall consist of:
In -Kind
$
X
Cash
$
Cash and In -Kind
$
Cash and/or In -Kind
$
Other / Specify:
$
[ X ] c. The Grantee's matching requirement is $456,499.00, which shall consist of:
[ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C.
The contributions from the Grantee shall be sourced from non - federal funds.
The total contract amount is $1,369,497.00.
7. Reversion of Unexpended Funds
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
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In -Kind
$
X
Cash
$456,499.00
Cash and In -Kind
$
Cash and /or In -Kind
$
Other / Specify:
$
[ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C.
The contributions from the Grantee shall be sourced from non - federal funds.
The total contract amount is $1,369,497.00.
7. Reversion of Unexpended Funds
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
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GRANT CONTRACT NO. 6782
8. Reporting Requirements
Any Grantee receiving at least $15,000 but less than $500,000 in state funds from the Agency within any fiscal
year is required to file with each funding state agency a sworn accounting of receipts and expenditures of state
funds in the format approved by the State Auditor. This accounting must be attested to by the Grantee fiscal officer
and one other authorizing officer of the Grantee. This accounting must be filed with each funding state agency
within six months after the end of the Grantee's operating year. If the Grantee receives STATE funds of $500,000
or more during its fiscal year, it must file with the State Auditor and each funding agency its audited financial
statements in accordance with the standards and formats prescribed by the State Auditor in Memorandum NGO -2
"Grantee Audit Reports." If the Grantee receives $500,000 or more in FEDERAL awards during its fiscal year from
any source, including federal funds passed through the State or other grantors, it must obtain a single audit or
program- specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A-
133 "Audits of States, Local Government and Non - Profit Organizations." If the above amounts are not met by one
single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent
to the Office of the State Auditor and to the Agency. Also, a corrective action plan for any audit findings and
recommendations must be submitted along with the audit report or within the period specified by the applicable
OMB Circular or Memorandum.
9. Payment Provisions:
The Agency reimburses the Grantee for actual allowable expenditures with the Agency retaining a minimum of ten
percent (10 %) of the Agency's funds until all required activities are completed and reportsldeliverables are received and
accepted by the Agency. An allowable expenditure is defined as one associated with work performed to meet the
milestones that have been addressed during the specific reporting period. The Agency may withhold payment on
invoices when the Grantee fails to accomplish the milestones stated in Attachment B.
10. Invoices: The Grantee submits invoices to the Agency Contract Administrator at least quarterly. The final invoice must
be received by the Agency within 45 days after the end of the contract period.
Amended or corrected invoices must be received by the Agency's Office of the Controller within six months after the end
of the contract period. The Agency will not pay any invoice received more than 6 months after the end of the effective
period.
11. Contract Administrators: Each Party submits notices, questions and correspondence to the other Party's Contract
Administrator. The name, address, telephone number, fax number, and email address of the Parties' initial Contract
Administrators are set out below. Either Party may change the name, address, telephone number, fax number, or email
address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other
Party.
Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until
approved in writing by the Agency's Head or Authorized Agent.
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GRANT CONTRACT NO. 6782
Agency Contract Administrator.
Darren England
NC DEQ Division of Water Resources
1611 MSC
Raleigh, NC 27699 -1611
Telephone: 919 - 707 -9013
Email: darren.en land ncder. ov
Grantee Contract Administrator:
Grantee Principal Investigator or Key Personnel
Layton Bedsole
SAME
New Hanover County
230 Government Center Drive, Suite 160
Wilmington, NC 28403
Telephone: 910-798-7104
Email: lbedsole nhc ov.com
12. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or
key personnel assigned to the performance of this contract without prior approval by the Agency Contract
Administrator.
13. Supplantation of Expenditure of Public Funds:
The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant, the
total amount of federal, state and local public funds that the Grantee otherwise expends for WRDG — Mason Inlet
Dredging services and related programs. Funds received under this Contract shall be used to provide additional public
funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other public funds for
such services.
14. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in
accordance with the following requirements:
a. Implement adequate internal controls over disbursements;
b. Pre -audit all vouchers presented for payment to determine:
• Validity and accuracy of payment
• Payment due date
• Adequacy of documentation supporting payment
• Legality of disbursement
c. Assure adequate control of signature stamps /plates;
d. Assure adequate control of negotiable instruments; and
e. Implement procedures to insure that account balance is solvent and reconcile the account monthly.
15. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been
outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of
this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract
Administrator prior to outsourcing.
16. E- Verify: As required by G.S. §14348.5 (Session Law 2013 -418), the Grantee certifies that it, and each of its subcontractors
for any contract awarded as a result of this solicitation, complies with the requirements of Article 2 of Chapter 64 of the NC
General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the
work authorization of its employees through the federal E -Verify system.
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GRANT CONTRACT NO. 6782
17. Assurances For Non - Federally Funded Contracts: The GRANTEE certifies that with regard to:
1. Debarment And Suspension - To the best of its knowledge and belief that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal, State, or local government agency;
(b) have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
2. Lobbying - To the best of his or her knowledge and belief, that:
(a) No Federal, State or local government appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal, State
or local government agency; a member of Congress, North Carolina's General Assembly or local government
body; an officer or employee of Congress, North Carolina's General Assembly or local government body, or an
employee of a member of Congress, North Carolina's General Assembly or local government body, in connection
with the awarding of any Federal, State or local government contract, the making of any Federal, State or local
government grant, the making of any Federal, State or local government loan, the entering into of any Federal,
State or local government cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal, State or local government contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal, State or local government appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency; a member of
Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress,
North Carolina's General Assembly or local government body; or an employee of a member of Congress, North
Carolina's General Assembly or local government body in connection with the Federal, State or local government
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying" in accordance with its instructions.
3. Drug -Free Work Place Requirements - It will comply by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
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GRANT CONTRACT NO. 6782
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph (a) above;
(d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment
under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), above, from an employee
or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), above with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (f), above.
4. Will comply with the provisions of the Equal Employment Practices Act set out in Article 49A of Chapter 143 of the North
Carolina General Statutes.
5. Will comply, as applicable, with the provisions of the Wage and Hour Act, Occupational Safety and Health Act of North
Carolina, Controlled Substance Examination Regulation, Retaliatory Employment Discrimination, Safety and Health
Programs and Committees, Workplace Violence Prevention, and other applicable provisions of Chapter 95 of the North
Carolina General Statutes regarding labor standards.
6. Will comply with all applicable requirements of all other federal, state and local government laws, executive orders,
regulations and policies governing this program.
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GRANT CONTRACT NO. 6782
18. Signature Warranty
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement
N.C.G.S. §133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from
anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any
response in this procurement, you (Grantee) attest, for your entire organization and its employees or agents, that you are
not aware that any such gift has been offered, accepted, or promised by any employees of your organization.
IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of which
is retained by the Grantee and one (1) of which is retained by the Agency, the day and year first above written.
NEW HANOVER COUNTY
/J
gy C
Grantee' i nature
I (nn -�4 (A( -QXSS
n
Typed Name
n-N IlAO,"t-
Title
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
Donald R. van der Vaart, Secretary
Department Head's Signature or Authorized Agent
Allison Phipps, Chief of Purchasing
Type / Printed Name and Title
Financial Services Division /Purchasing and Contracts Section
Division /Section
ORIGINAL
Page 7 of 7
General Terms and Conditions
Governmental Entities
DEFINITIONS
Unless indicated otherwise from the context, the following terms
shall have the following meanings in this Contract. All definitions
are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or
statute that is the source of the definition is changed by the
adopting authority, the change shall be incorporated herein.
(1) "Agency" (as used in the context of the definitions
below) means and includes every public office, public
officer or official (State or local, elected or appointed),
institution, board, commission, bureau, council,
department, authority or other unit of government of the
State or of any county, unit, special district or other
political sub - agency of government. For other
purposes in this Contract, "Agency" means the entity
identified as one of the parties hereto.
(2) "Audit" means an examination of records or financial
accounts to verify their accuracy.
(3) "Certification of Compliance" means a report provided
by the Agency to the Office of the State Auditor that
states that the Grantee has met the reporting
requirements established by this Subchapter and
included a statement of certification by the Agency and
copies of the submitted grantee reporting package.
(4) "Compliance Supplement" refers to the North Carolina
State Compliance Supplement, maintained by the State
and Local Government Finance Agency within the
North Carolina Department of State Treasurer that has
been developed in cooperation with agencies to assist
the local auditor in identifying program compliance
requirements and audit procedures for testing those
requirements.
(5) "Contract" means a legal instrument that is used to
reflect a relationship between the agency, grantee, and
sub - grantee.
(6) "Fiscal Year" means the annual operating year of the
non -State entity.
(7) "Financial Assistance" means assistance that non -
State entities receive or administer in the form of
grants, loans, loan guarantees, property (including
donated surplus property), cooperative agreements,
interest subsidies, insurance, food commodities, direct
appropriations, and other assistance. Financial
assistance does not include amounts received as
reimbursement for services rendered to individuals for
Medicare and Medicaid patient services.
(8) "Financial Statement" means a report providing
financial statistics relative to a given part of an
organization's operations or status.
(9) "Grant" means financial assistance provided by an
agency, grantee, or sub - grantee to carry out activities
whereby the grantor anticipates no programmatic
involvement with the grantee or sub - grantee during the
performance of the grant.
(10) "Grantee" has the meaning in G.S. 143C- 6- 23(a)(2): a
non -State entity that receives a grant of State funds
Attachment A
DEQ Contract 6782
from a State agency, department, or institution but
does not include any non -State entity subject to the
audit and other reporting requirements of the Local
Government Commission. For other purposes in this
Contract, "Grantee" shall mean the entity identified as
one of the parties hereto. For purposes of this
contract, Grantee also includes other State agencies
such as universities.
(11) "Grantor" means an entity that provides resources,
generally financial, to another entity in order to achieve
a specified goal or objective.
(12) "Non -State Entity" has the meaning in N.C.G.S. 143C-
1-1(d)(18): A fine, corporation, partnership, association,
county, unit of local government, public authority, or
any other person, organization, group, or govemmental
entity that is not a State agency, department, or
institution.
(13) "Public Authority" has the meaning in N.C.G.S. 159-
7(10): A municipal corporation that is not a unit of local
government or a local governmental authority, board,
commission, council, or agency that (i) is not a
municipal corporation, (ii) is not subject of the State
Budget Act, and (iii) operates on an area, regional, or
multiunit basis, and the budgeting and accounting
systems of which are not fully a part of the budgeting
and accounting systems of a unit of local government.
(14) "Single Audit" means an audit that includes an
examination of an organization's financial statements,
internal controls, and compliance with the requirements
of Federal or State awards.
(15) "Special Appropriation" means a legislative act
authorizing the expenditure of a designated amount of
public funds for a specific purpose.
(16) "State Funds" means any funds appropriated by the
North Carolina General Assembly or collected by the
State of North Carolina. State funds include federal
financial assistance received by the State and
transferred or disbursed to non -State entities. Both
Federal and State funds maintain their identity as they
are sub - granted to other organizations. Pursuant to
N.C.G.S. 143C- 6- 23(a)(1), the terms "State grant
funds" and "State grants" do not include any payment
made by the Medicaid program, the Teachers' and
State Employees' Comprehensive Major Medical Plan,
or other similar medical programs.
(17) "Sub - grantee" has the meaning in G.S. 143C -6-
23(a)(4): a non -State entity that receives a grant of
State funds from a grantee or from another sub - grantee
but does not include any non -State entity subject to the
audit and other reporting requirements of the Local
Government Commission.
(18) "Unit of Local Government has the meaning in G.S.
159- 7(b)(15): A municipal corporation that has the
power to levy taxes, including a consolidated city-
county as defined by G.S. 160B -2(1), and all boards,
agencies, commissions, authorities, and institutions
thereof that are not municipal corporations.
Relationships of the Parties
Independent Contractor: The Grantee is and shall be deemed
to be an independent contractor in the performance of this
Contract and as such shall be wholly responsible for the work to
be performed and for the supervision of its employees. The
Grantee represents that it has, or shall secure at its own
expense, all personnel required in performing the services under
this agreement. Such employees shall not be employees of, or
have any individual contractual relationship with, the Agency.
Subcontracting: To subcontract work to be performed under
this contract which involves the specialized skill or expertise
of the Grantee or his employees, the Grantee first obtains
prior approval of the Agency Contract Administrator. In the
event the Grantee subcontracts for any or all of the services
or activities covered by this contract: (a) the Grantee is not
relieved of any of the duties and responsibilities provided in
this contract; (b) the subcontractor agrees to abide by the
standards contained herein or to provide such information as
to allow the Grantee to comply with these standards, and; (c)
the subcontractor agrees to allow state and federal authorized
representatives access to any records pertinent to its role as
a subcontractor.
Sub - grantees: The Grantee has the responsibility to ensure that
all sub - grantees, if any, provide all information necessary to
permit the Grantee to comply with the standards set forth in this
Contract.
Assignment: The Grantee may not assign the Grantee's
obligations or the Grantee's right to receive payment hereunder.
However, upon Grantee's written request approved by the
issuing purchasing authority, the Agency may:
(a) Forward the Grantee's payment check(s) directly to any
person or entity designated by the Grantee, or
(b) Include any person or entity designated by Grantee as
a joint payee on the Grantee's payment check(s).
Such approval and action does not obligate the State to anyone
other than the Grantee and the Grantee remains responsible for
fulfillment of all contract obligations.
Beneficiaries: Except as herein specifically provided otherwise,
this Contract inures to the benefit of and is binding upon the
parties hereto and their respective successors. It is expressly
understood and agreed that the enforcement of the terms and
conditions of this Contract, and all rights of action relating to such
enforcement, are strictly reserved to the Agency and the named
Grantee. Nothing contained in this document shall give or allow
any claim or right of action whatsoever by any other third person.
It is the express intention of the Agency and Grantee that any
Attachment A
DEQ Contract 6782
third person receiving services or benefits under this Contract is
an incidental beneficiary only.
Indemnity
Indemnification: In the event of a claim against either party by
a third party arising out of this contract, the party whose actions
gave rise to the claim is responsible for the defense of the claim
and any resulting liability, provided that a party may not waive the
other party's sovereign immunity or similar defenses. The parties
agree to consult with each other over the appropriate handling of
a claim and, in the event they cannot agree, to consult with the
Office of the Attorney General.
Insurance: During the term of the contract, the Grantee at
its sole cost and expense provides commercial insurance
of such type and with such terms and limits as may be
reasonably associated with the contract. As a minimum,
the Grantee provides and maintains the following coverage
and limits:
Worker's Compensation: The Grantee provides
and maintains Workers Compensation
insurance as required by the laws of North
Carolina, as well as employer's liability coverage
with minimum limits of $500,000.00, covering
all of Grantee's employees who are engaged in
any work under this contract. If any work is
sublet, the Grantee requires the subgrantee to
provide the same coverage for any of his
employees engaged in any work under this
contract.
Commercial General Liability: General Liability
Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum
amount of $1,000,000.00 Combined Single Limit.
(Defense cost shall be in excess of the limit of
liability.)
Automobile: Automobile Liability Insurance, to
include liability coverage, covering all owned,
hired and non -owned vehicles used in
performance of the contract. The minimum
combined single limit is $500,000.00 bodily injury
and property damage; $500,000.00
uninsured /under insured motorist; and $25,000.00
medical payment.
Providing and maintaining adequate insurance
coverage is a material obligation of the Grantee and is
of the essence of this contract. The Grantee may
meet its requirements of maintaining specified
coverage and limits by demonstrating to the Agency
that there is in force insurance with equivalent
coverage and limits that will offer at least the same
protection to the Agency. Grantee obtains insurance
that meets all laws of the State of North Carolina.
Grantee obtains coverage from companies that are
authorized to provide such coverage and that are
authorized by the Commissioner of Insurance to do
business in North Carolina. The Grantee complies at
all times with the terms of such insurance policies,
and all requirements of the insurer under any such
insurance policies, except as they may conflict with
existing North Carolina laws or this contract. The
limits of coverage under each insurance policy
maintained by the Grantee do not limit the Grantee's
liability and obligations under the contract.
Default and Termination
Termination by Mutual Consent: Either party may terminate
this agreement upon thirty (30) days notice in writing from the
other party. In that event, all finished or unfinished
documents and other materials, at the option of the Agency,
be submitted to the Agency. If the contract is terminated as
provided herein, the Grantee is paid in an amount which
bears the same ratio to the total compensation as the
services actually performed bear to the total services of the
Grantee covered by this agreement; for costs of work
performed by subcontractors for the Grantee provided that
such subcontracts have been approved as provided herein; or
for each full day of services performed where compensation is
based on each full day of services performed, less payment of
compensation previously made. The Grantee repays to the
Agency any compensation the Grantee has received which is
in excess of the payment to which he is entitled herein.
Termination for Cause: If, through any cause, the Grantee
fails to fulfill in timely and proper manner the obligations
under this agreement, the Agency thereupon has the right to
terminate this contract by giving written notice to the Grantee
of such termination and specifying the reason thereof and the
effective date thereof. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Grantee, at the
option of the Agency, be submitted to the Agency, and the
Grantee is entitled to receive just and equitable compensation
for any satisfactory work completed on such documents and
other materials. The Grantee is not relieved of liability to the
Agency for damages sustained by the Agency by virtue of any
breach of this agreement, and the Agency may withhold
payment to the Grantee for the purpose of set off until such
time as the exact amount of damages due the Agency from
such breach can be determined.
Waiver of Default: Waiver by the Agency of any default or
breach in compliance with the terms of this Contract by the
Grantee is not a waiver of any subsequent default or breach and
is not a modification of the terms of this Contract unless stated to
be such in writing, signed by an authorized representative of the
Agency and the Grantee and attached to the contract.
Availability of Funds: The parties to this Contract agree and
understand that the payment of the sums specified in this
Contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose
to the Agency.
Attachment A
DEQ Contract 6782
Force Majeure: Neither party is in default of its obligations
hereunder if it is prevented from performing such obligations by
any act of war, hostile foreign action, nuclear explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tomado, or other
catastrophic natural event or act of God.
Survival of Promises: All promises, requirements, terms,
conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the contract expiration
or termination date unless specifically provided otherwise herein,
or unless superseded by applicable Federal or State statutes of
limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: Any and all
copyrights resulting from work under this agreement shall
belong to the Grantee. The Grantee hereby grants to the
North Carolina Department of Environment and Natural
Resources a royalty -free, non - exclusive, paid -up license to
use, publish and distribute results of work under this
agreement for North Carolina State Government purposes
only.
Compliance with Applicable Laws
Compliance with Laws: The Grantee understands and agrees
that it is subject to compliance with all laws, ordinances, codes,
rules, regulations, and licensing requirements that are applicable
to the conduct of its business, including those of federal, state,
and local agencies having jurisdiction and /or authority.
Equal Employment Opportunity: The Grantee understands
and agrees that it is subject to compliance with all Federal and
State laws relating to equal employment opportunity.
Confidentiality
Confidentiality: As authorized by law, the Grantee keeps
confidential any information, data, instruments, documents,
studies or reports given to or prepared or assembled by the
Grantee under this agreement and does not divulge or make
them available to any individual or organization without the prior
written approval of the Agency. The Grantee acknowledges that
in receiving, storing, processing or otherwise dealing with any
confidential information it will safeguard and not further disclose
the information except as otherwise provided in this Contract or
without the prior written approval of the Agency.
Oversight
Access to Persons and Records: The State Auditor and the
using agency's internal auditors shall have access to persons
and records as a result of all contracts or grants entered into
by State agencies or political subdivisions in accordance with
General Statute 147 -64.7 and Session Law 2010 -194, Section
21 (i.e., the State Auditors and internal auditors may audit the
records of the contractor during the term of the contract to
verify accounts and data affecting fees or performance). The
Contractor shall retain all records for a period of six (6) years
following completion of the contract or until any audits begun
during this period are completed and findings resolved,
whichever is later.
Record Retention: The Grantee may not destroy, purge or
dispose of records without the express written consent of the
Agency. State basic records retention policy requires all grant
records to be retained for a minimum of six (6) years or until all
audit exceptions have been resolved, whichever is longer. If the
contract is subject to Federal policy and regulations, record
retention may be longer than six (6) years since records must be
retained for a period of three years following submission of the
final Federal Financial Status Report, 9 applicable, or three years
following the submission of a revised final Federal Financial
Status Report. Also, if any litigation, claim, negotiation, audit,
disallowance action, or other action involving this Contract has
started before expiration of the six (6) year retention period
described above, the records must be retained until completion of
the action and resolution of all issues which arise from it, or until
the end of the regular six (6) year period described above,
whichever is later.
Time Records: The GRANTEE will maintain records of the time
and effort of each employee receiving compensation from this
contract, in accordance with the appropriate OMB circular.
Miscellaneous
Choice of Law: The validity of this Contract and any of its terms
or provisions, as well as the rights and duties of the parties to this
Contract, are governed by the laws of North Carolina. The
Grantee, by signing this Contract, agrees and submits, solely for
matters concerning this Contract, to the exclusive jurisdiction of
the courts of North Carolina and agrees, solely for such purpose,
that the exclusive venue for any Legal proceedings shall be Wake
County, North Carolina. The place of this Contract and all
transactions and agreements relating to it, and their situs and
forum, shall be Wake County, North Carolina, where all matters,
whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be
determined.
Amendment: This Contract may not be amended orally or by
performance. Any amendment must be made in written form and
executed by duly authorized representatives of the Agency and
the Grantee.
Severability: In the event that a court of competent jurisdiction
holds that a provision or requirement of this Contract violates any
applicable law, each such provision or requirement shall continue
to be enforced to the extent it is not in violation of law or is not
otherwise unenforceable and all other provisions and
requirements of this Contract shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of the
agreement and should not be used to construe the meaning
thereof.
Attachment A
DEQ Contract 6782
Time of the Essence: Time is of the essence in the performance
of this Contract.
Care of Property: The Grantee agrees that it is responsible
for the proper custody and care of any State owned property
furnished him for use in connection with the performance of
his contract and will reimburse the State for its loss or
damage.
Ownership of equipment purchased under this contract rests
with the Agency. Upon approval of the Agency Contract
Administrator, such equipment may be retained by the
Grantee for the time the Grantee continues to provide
services begun under this contract.
Travel Expenses: All travel, lodging, and subsistence costs are
included in the contract total and no additional payments will be
made in excess of the contract amount indicated in above.
Contractor must adhere to the travel, lodging and subsistence
rates established in the Budget Manual for the State of North
Carolina.
Sales/Use Tax Refunds: If eligible, the Grantee and all sub -
grantees shall: (a) ask the North Carolina Department of
Revenue for a refund of all sales and use taxes paid by them in
the performance of this Contract, pursuant to G.S. 105 - 164.14;
and (b) exclude all refundable sales and use taxes from all
reportable expenditures before the expenses are entered in their
reimbursement reports.
Advertising: The Grantee may not use the award of this
Contract as a part of any news release or commercial
advertising.
Recycled Paper: The Grantee ensures that all publications
produced as a result of this contract are printed double -sided on
recycled paper.
Sovereign Immunity: The Agency does not waive its sovereign
immunity by entering into this contract and fully retains all
immunities and defenses provided by law with respect to any
action based on this contract.
Gratuities, Kickbacks or Contingency Feels): The parties
certify and warrant that no gratuities, kickbacks or contingency
feels) are paid in connection with this contract, nor are any fees,
commissions, gifts or other considerations made contingent upon
the award of this contract.
Lobbying: The Grantee certifies that it (a) has neither used
nor will use any appropriated funds for payments to lobbyist;
(b) will disclose the name, address, payment details, and
purpose of any agreement with lobbyists whom the Grantee
or its sub -tier contractor(s) or sub - grantee(s) will pay with
profits or non - appropriated funds on or after December 22,
1989; and (c) will file quarterly updates about the use of
lobbyists if material changes occur in their use.
Attachment A
DEQ Contract 6782
By Executive Order 24, issued by Governor Perdue, and N.C.
G.S.S 133 -32: It is unlawful for any vendor or contractor ( i.e.
architect, bidder, contractor, construction manager, design
professional, engineer, landlord, offeror, seller, subcontractor,
supplier, or vendor), to make gifts or to give favors to any State
employee of the Governor's Cabinet Agencies (i.e.,
Administration, Commerce, Correction, Crime Control and Public
Safety, Cultural Resources, Environment and Natural Resources,
Health and Human Services, Juvenile Justice and Delinquency
Prevention, Revenue, Transportation, and the Office of the
Governor). This prohibition covers those vendors and
contractors who:
(1) have a contract with a governmental agency; or
(2) have performed under such a contract within the past
year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and
exemptions, vendors and contractors are encouraged to review
Executive Order 24 and G.S. Sec. 133-32.
Executive Order 24 also encouraged and invited other State
Agencies to implement the requirements and prohibitions of the
Executive Order to their agencies. Vendors and contractors
should contact other Slate Agencies to determine if those
agencies have adopted Executive Order 24."
Attachment B
DEQ Contract 6782
North Carolina Division of Water Resources
Water Resources Development Grant Application
Mason Inlet Relocation Project
2015/2016
Maintenance Event
Submitted by
New Hanover County
in coordination with
The Mason Inlet Preservation Group
January 6, 2016
Date: 6 Jan 2016
Attachment B
DEQ Contract 6782
Project Name: Mason Inlet Relocation Project
Water Body: Mason Inlet Complex
County: New Hanover County
River Basin: Cape Fear River
Project Sponsor: New Hanover County
Chris Coudriet, County Manager
230 Government Center Drive
Wilmington, NC 28403
Primary Contact: H. Layton Bedsole Jr., R.E.M.
Shore Protection Coordinator
230 Government Center Drive
Suite 160
Wilmington, NC 28403
Phone: 910-798-7104
Email: Ibedsole(o)nhcaov.com
2
Attachment B
DEQ Contract 8782
Project Overview:
The Mason Inlet Relocation Project (MIRP) was North Carolina's (NC) first inlet relocation effort,
initially constructed in 2002. The MIRP has successfully managed the Mason Inlet complex
inclusive of the Atlantic Intracoastal Waterway (AIWW) crossing, Mason Creek, the creek's
confluence with Banks Channel, Mason Inlet proper and the ebb tide delta (Figure One).
Figure One.
New Hanover County (NHC) manages the project for the private citizenry that makes up the
Mason Inlet Preservation Group (MIPG). Approximately 1000 parcel owners, half on the north
end of Wrightsville Beach and half on Figure Eight Island, have fiscally supported the original
2002 relocation effort and subsequent maintenance /management efforts. On behalf of the
MIPG, NHC holds and manages all project permits. The project has a navigation component
within the AIWW crossing and an inlet location purpose for ensuring healthy inlet shoulders.
Elements of the Mason Inlet complex have template design dimensions equivalent to shallow
draft inlets located in southeastern NC. Many of these shallow draft inlets and the Mason Inlet
complex are maintained in the AIWW crossing at - 12'( ±2') mean low water (MLW) and east to
the ocean at - 8'( ±2')MLW]. The inlet complex design, alignment and template dimensions allow
for sediment flushing and tidal prism access as a connecting channel from the Atlantic Ocean to
the AIWW.
Attachment B
DEQ Contract 6782
Project Narrative:
The 2015/2016 MIRP maintenance event will include the project reaches described below. The
MIRP has multiple shoaling facets which act as trigger points for maintaining the inlet complex
location. The AIWW crossing's navigational access and the creek/inlet shoaling volumes are
the primary indicators resulting in this maintenance event decision. The 2015/2016
maintenance event has also been effected by the extreme lunar tides during the offshore
passing of Hurricane Joaquin and the associated weather events which occurred on October 4th
and 5th of 2015. The MIRP is authorized under the US Army Corps of Engineers (USAGE)
permit #199901052 and the North Carolina Division of Coastal Management (NCDCM) permit
#151 -01 both issued to NHC. These authorizations include dredge material management at
three onsite locations (1) AIWW Disposal Area (DA) 241 and along 10,000 linear feet of
oceanfront shoreline (2) Wrightsville Beach and (3) Figure Eight Island.
NHC also manages the MIRP's financial administration including assessment of each parcel
owner within MIPG for the cost of maintaining /managing the project. The project is funded
through the NHC room occupancy tax which is reimbursed through the project's five -year
assessment events. The assessment levels are determined primarily by inlet proximity. The
MIRP's administration and management meets all applicable contracting laws of public funding
by local governments. NHC participates in the oversight of all administrative actions as well as
maintenance construction activities. The AIWW crossing as well as Mason Creek east to the
ocean are public trust waters and bottoms with practical public access. The MIPG, in
conjunction with NHC, holds the responsibilities of the MIRP's operation and maintenance.
Attachment B
DEQ Contract 6782
Project Reaches:
AIWW Crossing
Approximately 3,000 feet from Station 70 +00 to 100 +00 in Section 3, Tangent 12 of the AIWW
is part of the MIRP (Figure Two). Permit stipulations require removal of any material from the
AIWW and crossing that the USACE District Engineer considers a result of the MIRP shoaling.
The AIWW maintenance template has a - 12'( ±2') MLW depth with a bottom toe width of 100'.
(Figure Two, A) represents May 2015 survey transects and the shoaling oscillation within this
project reach.
Figure Two.
P
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86+00 RANGE FROM BASELINE MMT) 88+00 RANGE FROM BASELINE (PERT)
+ MW .QJGttM AILANICOLWi +2 f- CIIYOi WD.MM4TON ATLAMILOmAN�
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87+00 RANGE FROM BASELINE (FEET) 89 +00 RANGE FROM BASELINE (FEET)
PRE.CONSTRUCITON (FALL 2012)
1.9ulvertu'@fxnAl6s aEEeaer+ca THE EIXTN MAMfffiIAN[E evmrrrna w.s�r DILE'E. — — POST CONSTRUCTION (SPRING 2013)
11a1W !MLM
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1 CONEIAULTION TEINnAtS AND BASELINE AE SHOWN IN GMA P'fiaMtt ISI -01 MODInED - - -- _ -- I -YR POST CONST. (SPRING 20]4)
oN NOVerAeea lz mu 2 -YR POST CONST. (SPRING 2015)
MASON INLET RELOCATION
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of North Camilnaa PLLC.
zaws'� °ea>., o,n AIWW CROSS SECTIONS
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Attachment B
DEQ Contract 6782
Mason Creek
The Mason Creek and Banks Channel reaches include Stations 58 +00 through 36 +00 in Mason
Creek and Stations -16 +00 through -2 +00 in Banks Channel (Figure Three). The MIRP design
is centered on maintaining a balanced tidal prism flow between Mason Creek and Banks
Channel. The Mason Creek reach template has a - 8'( ±2') MLW depth with a bottom toe width of
80'. (Figure Three, A) represents May 2015 survey transects and the shoaling fluctuation within
this project reach.
Figure Three.
W
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47+00 RANGE FROM BASELINE (FEET)
49+00 RANGE FROM BASELINE (FEET)
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48+00 RANGE FROM BASELINE (FEET)
50+00 RANGE FROM BASELINE MMT)
— DESIGN TEMPLATE
—
N:
�TUCraN RETTR�CE �. SM" MAWM�
PRE-CONSTRUCTION (OCT. 2012)
2. MMW & �W � �� M �" MC�RK M1163
POST CONSTRUCTION (MAY 2013)
3. �FnWMON �Tr� nmaLms. A� co— — �Tms m s� N
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I -YEAR POST CONSTRUCTION (MAY 2014)
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A.-Ai
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INLETRELOCATION
A
cm
of North Carolina, PLLG
Pit PHYSICAL MONITORING
MASON
-A
.1-o—
INLET & MASON CREEK PROFILES
STATIONS 47+00 - 50+00
I
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@ 3
Attachment B
DEQ Contract 6782
The Confluence
Station 36 +00 to 16 +00 represents the confluence between Mason Creek and Banks Channel
(Figure Four). This project reach extends approximately 1,000 feet in both the up- station (west)
and down - station (east) directions. The confluence maintenance template has a - 8'( ±2') MLW
depth with a scaling bottom toe width west to east from 200' to 400'. (Figure Four, A)
represents May 2015 survey transects and the shoaling changes within this project reach.
LEGEND
- --
— – - -- -- -- - -- FALL 2012 (PRE CONSTRUCTION)
— SPRING 2013 (POST CONSTRUCTION)
SPRING 2014 (1 -YR POST CONSTRUCTION)
- - -- SPRING 2015 (2 -YR POST CONSTRUCTION)
NOTES:
t. JUNE 2015 AERIAL IMAGE PROVIDED BY NEW HANOVER
COUNTY.
_ 2- SURVEY MEASUREMENTS GENERALLY DETERMINE THE MHW
} POSITION HOWEVER, SOME LOCATIONS USE AERIAL
250 INTERPRETATION FOR CONSISTENCY.
GRAPHIC SCLLE IN FEET
—0-14 r�_
'I QO
�6x
/
ENGINELRED
CORRIDOR LIMITS
i
I
30x00. # t
t 28+00
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23+00 ~ a°Ap1 RANGE FROM BASELINE(FF?M °°°t°r"''TD —
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24+00 -� , naae.,SLAm --_
RANOE FROM BASELINE (FEET)
- DESIGN TEMPLATE
n rrssuars S,eo r PRE - CONSTRUCTION (OCT. 2012)
acaSrtNxCr
2. NGM & uW NOM w WR u WS%3 ( S wBMC soN mec — POST CONSTRUCTION (MAY 2013)
r. CANS'raucnIXi TPIMA1E,S.SeUN&a� CORRIDORUm�nwc MSAsS —. 1 -YEAR POST CONSTRUCTION (MAY 2014)
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SPRIIJG 2015 PHYSICAL MONITORING
MASON INLET & MASON CREEKPROFILES
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Attachment B
DEQ Contract 6782
Mason Inlet
The Mason Inlet reach encompasses Stations 16 +00 through 6 +00 from Mason Creek to the
Atlantic Ocean (Figure Five). The Mason Inlet reach template has a - 8'( ±2') MLW depth with a
bottom toe width of 400'. (Figure Five A) represents May 2015 survey transects and the
shoaling fluctuation within this project reach.
�r \ 11ASON V
- /�
)INLET
ca <aNsc «, �I, Fir- 16+oo
— -- 561 It
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11 R1611 P0 1 It 1,1 FIGURE'
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6 +oo
ti
k
ENGINEERED
CORRIDOR LIMITS
'TIC OCEAN
LEGS
- - - - - FA ZM2(PRECONSTRUCTION)
a"' No 2`13 (POST CONSTRUCTION)
aFRING 2`1 <fl -YR POST CONSTRUCTION
-.- - SPRING M15 (2 -YR POST CONSTRUCTION
NOTES
t. JUNE=5AERVLIMAGEPROVIOEDBYNEWI OVER
COON V
2. SURVEY MEASUREMENTS R, $O GENERALLY DETERMINE 711E MNW
PO &TON. ATION FOR SOME LOCATIONS USE AERIAL
INTERPRETATION FOR CONaISTENLY.
Figure F-
11
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-
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-20
-1100 -1000 - 900 -500 -700 -600 -500 400 -300 -20D -I00 0 100 200 300 400 500 600 700
11+00 �auamwta ReAa nounrlrwra —�
RANGE FROM BASELINE (FEET)
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- - - -15- 1_ - -
----- - -- -- -- ---
ly
2D-
'1100 -1000 - 900 400 -700 -600 -500 400 -300 -200 -]00 0 100 200 300 400 500 600 70D
12+00 - ~P�O�DYp1a eB"°I RANGE FROM BASELINE (FEET)���'� —�
DESIGN TE WLATE
NO[RS: — — — — — PR&CONSTRUCTION (OCT. 2012)
I.CONSi ucnoNTDIPPRAMES REF[RFNCk' Sf=MAIN AN ,EV F MASON INLET.
t MHw AMwE RETERFNCtD m NOAH awaRAA M.'. (wR1GN18VR1.R RE", — — — POST CONSTRUCTION (MAY 2013)
J. faNS1ROCTIDN 1FMIPIATE, B F2 E,ANDCDRRmORIARTIACATM)NSASS "N 1 -YEAR POST CONSTRUCTION (MAY 2014)
usA¢eERSSn 1"90w52050 ce 14.M1& NC MR FPRMn 15w11SSLm NOV, 2&=I. 2-YEAR POST CONSTRUCTION (MAY 2015)
1!
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SPRING 2015 PHYSICAL MONITORING
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MASON INLET & MASON CREEK PROFILES
STATIONS 11+00& 12+00
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Attachment B
DEQ Contract 6782
Ebb Tide Delta
Mason Inlet's ebb shoal variation provides insight to the inlet entrance stability and the potential
for passive sediment bypassing (Figure Six). The delta's maintenance template from Station
6 +00 to Station 0 +00 has a - 8'( ±2') MLW depth with a bottom toe width ranging west to east
from 400' to -600'. (Figure Six, A) represents May 2015 survey transects and the shoaling
variation within this project reach.
r
BBAC'H
GRAPHIC SCALE !N "FEE'
.11. 18 0 \
1.\ 1.1:7
6 +00
4 +00 — -
2+00 - --
0 +00 -
-2+00
-4 +00 -- -
-6 +00
-6 +00
-10 +00
-12 +00 - —
A TL. I A TW OCT AN
SPRING 2013 (POST CONSTRUCTION)
SPRING 2014 (1 -YR POST CONSTRUCTION)
SPRING 2015 (2 -YR POST CONSTRUCTION)
NOTES
1 JUNE 2015 AERIAL IMAGE PROVIDED BY NEW HANOVER
COUNTY
2 SURVEY MEASUREMENTS GENERALLY DETERMINE THE MHW
POSITION HOWEVER SOME LOCATIONS USE AERIAL
INTERPRETATION FOR CONSISTENCY
Figure Six.
13
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Wm6mVn.LAWACH RANGE FROM BASELINE (FEET) W"It WISLAM
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2+00 WR1CdfT3V11J E BEACR RANGE FROM BASELINE (FEET) FIGURE Ir ISLAND - -
DESIGN TEMPLATE
NOS'
PRE-CONSTRUCTION (OCT. 2012)
1. CONSTRUCTION TIMEFRAMES REFERENCE THE, STXTH MADT17NANCE EV M.T FOR MASON INLET.
2. MHW& MLW EL REFERENCED TO NOM BrNCHMARK 9659163MIGMVnjxBrACm POST CONSTRUCTION (MAY 2013)
3. CONSTRUCTION TEMPLATE, BASELINE, AND CORRIDOR LIMIT LOCATIONS AS SHOWN fN I -YEAR POST CONSTRUCTION (MAY 2014)
USACE
FERMTr 199901052 TS_qUF.D DEC. 14, 2001 & NC DT-NR PERMIT 151-01 WL M NOV. 29,2W1.
2-YEAR POST CONSTRUCTION (MAY 2015)
rr Its !%m"FRA
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MASON INLET RELOCATION
am
of North Carolina, PLLC.
SPRING 2015 PHYSICAL MONITORING
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MASON INLET & MASON CREEK PROFILES
ENOWEEK8 * SURVEYOM
01111111
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STATIONS 0+00 & 2+00
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Attachment B
DEQ Contract 6782
Project Plan and Location Map:
As previously noted, the MIRP has multiple maintenance event triggers; the primary navigation
trigger is the shoaling within the AIWW crossing and the USACE notification for shoal removal.
On 22 July 2015, NHC was notified by the USACE to remove the accumulated sand within the
AIWW crossing during the upcoming environmental window (16 Nov — 30 Mar). The primary
maintenance trigger east of the AIWW crossing through the inlet mouth is a volume
accumulation within the complex exceeding 375,000 cubic yards (cy). A third trigger ensures
the inlet complex is maintained within the engineering corridor safeguarding the inlet's location
and retaining healthy inlet shoulders north and south of the inlet alignment.
The proposed maintenance event during the upcoming window has been prompted by the
USACE notification for navigation restoration within the AIWW. Inclusion of the inlet systems
shoaled volumes within this event is a matter of economics simply avoiding back to back years
of dredge plant mobilization costs. Figure Seven depicts the designed centerline, survey
transects and the engineering corridor. The spring 2015 oceanfront mean high water contour
between Wrightsville Beach and Figure 8 Island places the Colreg line approximately along
Station 5 +00. The Colregs Demarcation Line delineates inland navigation rules from open
ocean navigation rules. The MIRP's maintenance events have routinely focused landward of
the demarcation line.
Figure Seven.
Attachment B
DEQ Contract 6782
This maintenance event is market driven by both MIPG's fiscal responsibilities and the dredging
sector's project interest and equipment availability. NHC anticipates an approximate project
start date in the mid - January 2016 timeframe and an anticipated completion date of 25 March
2016. The following table shows the spring 2015 surveyed volumes and the anticipated
contracted volumes following Joaquin.
Project Elements
2015 Spring Surveys
Portended Volumes
cy
c
AIWW Crossing
32,000
37,000
Mason Inlet Complex
421,000
438,000
The shoaling material has been tested and compared to native beach characteristics from both
Wrightsville Beach and Figure 8 Island. The shoaling material from within the AIWW crossing
east through the inlet mouth meets the sediment criteria overseen by the NCDCM. The MIRP
has authorized locations for properly managing the shoaled sand. Smaller volumes located at
or near the AIWW crossing may be managed within the USACE's confined disposal facility
(CDF 241) for later recycling. The oceanfront shorelines of Wrightsville Beach and Figure 8
Island have beneficial reuse placement locations that extend approximately 10,000 linear feet
along each oceanfront shoreline. Within these linear reuse areas, an average of 50 cy /linear
foot can be beneficially managed. In a worst case scenario, up to 500,000 cy could be placed
within the designated areas on Wrightsville Beach and Figure 8 Island. To date, placement of
beneficial reuse material has not been requested by MIPG members on Wrightsville Beach.
The beneficial reuse augments the shorelines' coastal infrastructure by protecting small
businesses, tourism, public and private infrastructure while supporting the project's healthy inlet
shoulders and natural resources /habitats.
As part of the original relocation project, all pre - project state bottoms found below mean high
water raised above mean high water have become lands of NC. This project element has
resulted in state property being included in a federally mandated waterbird management area.
The waterbird management area is a federal mitigation requirement. In 2015, the area was
semi - permanently delineated with more robust infrastructure and constructed in conjunction with
an Eagle Scout project. The following figure depicts the location of the waterbird management
area maintained and monitored as part of the MIRP's permitting conditions.
Fig.. Bght
Attachment
DEQ Contract 6782
Regional Benefits:
The MIRP continues to protect public and private infrastructure, small businesses, elements of
the region's tax bases and very important ecological niches. Mason Inlet when maintained
promotes flushing within the engineered template but also within the adjoining marsh
ecosystems and nearby tidal creeks. The project supports multiple anthropogenic uses such as
pedestrian access, boating access, fishing, shelling, birding and surfing. Ecological benefits
include marsh habitat, bird habitat, turtle habitat, essential fish habitat, primary nursery areas for
finfish, shellfish and macro - benthics. If allowed to return to a southern migrating pattern, many
of the benefits above would be compromised. The following figures depict the 2002 pre - project
and the current project conditions.
Attachment B
DEQ Contract 6782
Project Budget:
The assessment capability is one of the primary reasons why NHC is part of a private sector's
project. NHC has the ability to assess MIPG members for accumulated expenses. The MIPG
members are assessed every five years for their share of the MIRP maintenance expenses.
The assessment formula was agreed to prior to the initial 2002 relocation and is based primarily
on a parcel's inlet proximity. Maintenance costs are paid from NHC's room occupancy tax
(ROT) fund and then the MIPG members are assessed reimbursing the fund.
Project __
N-1-MIUM. , . .
..;
I
State funding amount reduced
18 to $912,988 to be in
compliance with SL 2015 -241
-dme
Attachment B
DEQ Contract 6782
The requested budget reflects pre -event efforts (design, plans and specifications, permitting and
pre- maintenance transects); construction and post -event efforts (as- builts, monitoring and a
project report).
Conclusion:
The MIRP is located in NHC within the Cape Fear River Basin and is maintained within an
authorized engineered corridor separating Wrightsville Beach to the south and Figure 8 Island to
the north. Managed by NHC on behalf of the MIPG, the project is funded by approximately
1000 parcel owners. The project maintains a navigation template within the AIWW crossing and
a tidal prism design supporting an accessible connecting channel from Mason Creek to Mason
Inlet at a depth of - 8'( ±2') MLW.
NHC, in coordination with the MIPG, is requesting a Water Resources Development Project
Grant supporting the MIRP's 2015/2016 maintenance event. This project will maintain the
AIWW crossing at Mason Creek and the design template east through Mason Inlet. The
applicable project costs are -$1.37M and NHC is submitting a grant request of 66.67% or
-$914K of the MIRP's administration / permitting /design /surveying /construction and monitoring
fees associated with the maintenance event. MIPG, in coordination with NHC, will meet the
remaining 33.33 %. All project reimbursements will be supported by invoices received and
approved by NHC via the project engineer of record.
The NHC Board of County Commissioners has passed a resolution supporting this grant
request (attached). NHC, in coordination with the MIPG, humbly requests this Water Resources
Development Project Grant of -$914K for the 2015/2016 MIRP maintenance event.
19
Attachment B
DEQ Contract 6782
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF SUPPORT OF THE MASON INLET RELOCATION PROJECT
WHEREAS, the New Hanover County Board of Commissioners desires to support the Mason Inlet
Relocation Project (MIRP) through a coordinated effort with the Mason Inlet Preservation Group's (M1PG)
implementation of the project's 2015/2016 maintenance event.
NOW, THEREFORE, BE IT RESOLVED THAT:
1) The Board requests the State of North Carolina (NC) to provide financial assistance to the Mason Inlet
Preservation Group through New Hanover County's coordination ofthe Mason Inlet Relocation Project
in the amount of $ 913.044.00 or 66.67 % of the Project's 2015/2016 maintenance event
inclusive of pre -event efforts; (design, plans and specifications, permitting and pre- maintenance
transects) construction and post -event efforts (as- builts, monitoring and reporting); and
2) New Hanover County (NHC) in coordination with MIPG assumes full obligation for payment of the
balance of project costs; and
3) New Hanover County in coordination with MIPG holds all necessary NC and federal permits; and
4) New Hanover County in coordination with MIPG has complied with all applicable laws governing the
award of contracts and the expenditure of public funds by local governments; and
5) New Hanover County in coordination with MIPG has obtained suitable dredge material disposal areas
as needed and all other easements or rights-of-way that may be necessary for the construction and
operation of the project without cost or obligation to NC; and
6) New Hanover County in coordination with MIPG has assured that the M1RP is open for use by
the public on an equal basis with no restrictions; and
7) New Hanover County in coordination with MIPG will hold NC harmless from any damages
that may result from the construction, operation and maintenance of the project.
ADOPTED this the 41 day of January, 2016.
NEW �HANOVER COUNTY
pup: '�.���C ��H"b -`
Beth Dawson, C —w�mau -
0
o ATTEST: Q
ti Teresa P. Elmore, Clerk to the Board
• 'M�LISHE�C'