HomeMy WebLinkAboutFY23 ENG MASON INLET CW36701 5-23 TO 6-25GRANT CONTRACT NO. CW36701
NEW HANOVER COUNTY – Mason Inlet
Revised 07/14/2022 Page 1 of 6
STATE OF NORTH CAROLINA GRANTEE’S FEDERAL
COUNTY OF WAKE IDENTIFICATION
NUMBER: **-***0324
North Carolina Department of Environmental Quality
Financial Assistance Agreement
This financial assistance agreement is hereby made and entered into by and between the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY (the "Department") and NEW HANOVER COUNTY (the “Grantee”1).
1. Audit and Other Reporting Requirements of the Local Government Commission. If subject to the audit and other
reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina
General Statutes (Article 3 - The Local Government Budget and Fiscal Control Act), the Grantee understands and
agrees that the terms, conditions, restrictions and requirements hereinafter set forth shall only apply to the extent not
inconsistent with, or superseded by, the audit and other reporting requirements of the Local Government Commission.
2. Contract Documents. The agreement between the parties consists of this document (the “Contract Cover”) and its
attachments, which are identified by name as follows:
a. State’s General Terms and Conditions (Attachment A)
b. Department’s Request for Proposal (“RFP”) (Attachment B)
c. Grantee’s Response to RFP, including scope of work, line-item budget, budget narrative and, if applicable, indirect
cost documentation (hereinafter referred to generally as the “Award Proposal”) (Attachment C)
d. Notice of Certain Reporting and Audit Requirements (Attachment D)
e. Grantee’s Conflict of Interest Policy (attachment E)
Together, these documents (the “Contract Documents”) constitute the entire agreement between the parties (the
“Agreement”), superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or to
any other Contract Document may only be made through written amendments processed by the Department’s Financial
Services Division. Any such written amendment must be duly executed by an authorized representative of each party.
3. Precedence Among Contract Documents. In the event of a conflict or inconsistency between or among the Contract
Documents, the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest
precedence. The order of precedence thereafter shall be determined by the order of documents listed in § 2 above, with
the first-listed document having the second-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.
4. Contract Period. This Agreement shall be effective from May 1, 2023, to June 30, 2025, inclusive of those dates.
5. Grantee’s Duties. As a condition of the grant award, the Grantee agrees to:
a. Undertake and deliver the grant award project, plan, or services as described in the Award Proposal (Attachment C),
adhering to all budgetary provisions set out therein throughout the course of performance.
b. Ensure that all award funds are expended in a manner consistent with the purposes for which they were awarded, as
described more fully in the attached Contract Documents.
1 The contract documents attached hereto may at times use alternative terms to describe the Grantee. Such terms might include, but are not
necessarily limited to, the following (in common or proper form): “recipient,” “applicant,” or “participant.”
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GRANT CONTRACT NO. CW36701
NEW HANOVER COUNTY – Mason Inlet
Revised 07/14/2022 Page 2 of 6
c. Comply with the requirements of North Carolina Administrative Code 09 NCAC 03M .0101, et seq. (Uniform
Administration of State Awards of Financial Assistance), including, but not limited to, those provisions relating to audit
oversight, access to records, and availability of audit work papers in the possession of any auditor of any recipient of
State funding.
d. Comply with the applicable provisions of the Notice of Certain Reporting and Audit Requirements (Attachment D).
e. Maintain all records related to this Agreement (i) for a period of six (6) years following the date on which this Agreement
expires or terminates, or (ii) until all audit exceptions have been resolved, whichever is longer.
f. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements applicable to its performance
hereunder and/or the conduct of its business generally, including those of Federal, State, and local agencies having
jurisdiction and/or authority.
g. Obtain written approval from the Department’s Contract Administrator (see § 14 below) prior to making any subaward
or subgrant not already described in the Award Proposal.
h. Ensure that the terms, conditions, restrictions, and requirements of this Contract Cover, including those incorporated
by reference to other Contract Documents and/or applicable law, are made applicable to, and binding upon, any
subgrantee who receives as a subaward or subgrant any portion of the award funds made available to the Grantee
hereunder.
i. Take reasonable measures to ensure that any subgrantee (i) complies with the terms, conditions, restrictions, and
requirements set forth in this Contract Cover, including those incorporated by reference to other Contract Documents
and/or applicable law, and (ii) provides such information in its possession as may be necessary for the Grantee to
comply with such terms, conditions, restrictions, and requirements.
6. Historically Underutilized Businesses. Historically Underutilized Businesses (HUBs) consist of minority, women and
disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also
included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.
Pursuant to North Carolina G.S. 143B-1361 (a), G.S. 143-48 and G.S. 143-128.4, the Department invites and encourages
participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises
and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required
functions in this contract. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically
Underutilized Businesses at (919) 807-2330.
7. Department’s Duties. The Department shall pay the Grantee in the manner and amounts specified below and in
accordance with the approved budget set forth in the Award Proposal.
8. Total Award Amount. The total amount of award funds paid by the Department to the Grantee under this Agreement
shall not exceed EIGHT MILLION ONE HUNDRED THOUSAND SEVEN HUNDRED FIFTY-FOUR DOLLARS AND EITHTY-EIGHT CENTS ($8,100,754.88) (the “Total Award Amount”). This amount consists of:
Funding:
Type of Funds Funding Source CFDA No.
Receipts Shallow Draft Navigation Fund N/A
Account Coding Information:
Dollars GL Company GL Account GL Center
$8,100,754.88 1602 536990 2182
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Grantee Matching Information:
[ ] 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:
In-Kind $
Cash $
Cash and In-Kind $
Other / Specify: $
[ X ] c. The Grantee’s matching requirement is $, which shall consist of:
In-Kind $
X Cash $2,700,251.63
Cash and In-Kind $
Other / Specify: $
[ ] d. The Grantee is committing to an additional $ to complete the project or services described in the Award Proposal.
Based on the figures above, the total contract amount is $10,801,006.50.
9. Invoice and Payment. The award funds shall be disbursed to the Grantee in accordance with the following provisions:
a. The Grantee shall submit invoices to the Department’s Contract Administrator at least quarterly. The final invoice
must be received by the Department within forty-five (45) days following the date on which termination or expiration
of this Agreement becomes effective. Amended or corrected invoices must be received by the Department’s Financial
Services Division within six (6) months of such date. Any invoice received thereafter shall be returned without action.
b. The Department shall reimburse the Grantee for actual allowable expenditures, with the Department retaining a
minimum of ten percent (10%) of the Total Award Amount until all grant-related activities are completed and all
reports/deliverables are received and accepted by the Department. As used herein, “allowable expenditures” are
expenditures associated with work conducted to meet performance obligations under this Agreement, provided such
work is carried out in a manner consistent with the Award Proposal. The Department may withhold payment on
invoices when performance goals and expectations have not been met or when the manner of performance is
inconsistent with Attachment C.
10. Grantee’s Fiscal Year. The Grantee represents that its fiscal year is from July 1 to June 30.
11. Availability of Funds. The Grantee understands and agrees that payment of the sums specified herein shall be subject
to, and contingent upon, the allocation and appropriation of funds to the Department for the purposes described in this
Agreement.
12. Reversion of Unexpended Funds. The Grantee understands and agrees that any unexpended grant funds shall revert
to the Department upon termination of this Agreement.
13. Supplantation of Expenditure of Public Funds. The Grantee understands and agrees that funds received pursuant to
this Agreement shall be used only to supplement, not to supplant, the total amount of Federal, State and local public
funding that the Grantee would otherwise expend to carry out the project or services described in the Award Proposal.
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NEW HANOVER COUNTY – Mason Inlet
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14. Contract Administrators. Each party shall submit notices, questions and correspondence related to this Agreement to
the other party’s Contract Administrator. The contact information for each party’s Contract Administrator is set out below.
Either party may change its Contract Administrator and/or the associated contact information by giving timely written notice
to the other party.
Grantee Contract Administrator Department’s Contract Administrator
Layton Bedsole Kevin Hart
New Hanover County Division of Water Resources
230 Government Center Drive 1617 Mail Service Center
Wilmington, NC 28403 Raleigh, NC 27699-1617
Telephone: 910-798-7104 Telephone: 919-707-3607
Fax: Fax:
Email: lbedsole@nhcgov.com Email: kevin.hart@ncdenr.gov
15. Assignment. The Grantee may not assign its obligations or its rights to receive payment hereunder.
16. Procurement. The Grantee understands and agrees that all procurement activities undertaken in connection with
this Agreement shall be subject to the following provisions:
a. None of the work or services to be performed under this Agreement involving the specialized skill or expertise of the
Grantee shall be contracted without prior written approval from the Department.
b. In the event the Grantee or any subrecipient of the Grantee contracts for any of the work to be performed hereunder,
the Grantee shall not be relieved of any duties or responsibilities herein set forth.
c. The Grantee shall not contract with any vendor who is restricted from contracting with the State of North Carolina
pursuant to North Carolina G.S. 143-133.3, G.S. 143-59.1, G.S. 143-59.2 or G.S. 147-86.60.
17. Subawards. The Grantee understands and agrees that any subaward or subgrant of any portion of the financial assistance
provided hereunder shall not relieve the Grantee of any duties or responsibilities herein set forth.
18. Title VI and Other Nondiscrimination Requirements. Throughout the course of its performance hereunder, the Grantee
shall comply with all applicable State and Federal laws, regulations, executive orders, and policies relating to
nondiscrimination, including, but not limited to:
Title VI of the Civil Rights Act of 1964, as amended;
Civil Rights Restoration Act of 1987, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended;
Age Discrimination Act of 1975, as amended;
Titles II and III of the Americans with Disabilities Act of 1990, as amended;
Title IX of the Education Amendments of 1972, as amended;
Part III of Executive Order No. 11246 (September 24, 1965), as amended; and
Section 13 of the Federal Water Pollution Control Act Amendments of 1972.
In accordance with the above laws and their implementing regulations, the Grantee agrees to ensure that no person in the
United States is, on the basis of race, color, national origin, sex, age or disability, excluded from participation in, denied
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the benefits of, or subjected to discrimination under any program or activity for which the Grantee receives Federal
assistance. For purposes of this provision, “program or activity” shall have the meaning ascribed to that term under Federal
law (see 42 U.S.C.S. § 2000d-4a).
The Grantee understands and acknowledges that, in addition to itself, any lower-tier recipient of the financial assistance
provided hereunder must also comply with the requirements of this section. Accordingly, the Grantee agrees to include a
similar provision in any financial assistance agreement made with any lower-tier recipient of such assistance.
19. E-Verify. To the extent applicable, the Grantee represents that it and each of its subgrantees, contractors and/or
subcontractors performing work pursuant to, or in association with, this Agreement are in compliance with Article 2 of
Chapter 64 of the North Carolina General Statutes (Article 2 - Verification of Work Authorization), including, in
particular, the requirement that certain employers verify the work authorization of newly hired employees using the Federal
E-Verify system.
20. Termination by Mutual Consent. This Agreement may be terminated by mutual consent of the parties, provided the
consent is documented in writing and duly executed by an authorized representative of each party.
21. Survival. Any provision contained in this or any other Contract Document that contemplates performance or observance
subsequent to the termination or expiration of this Agreement shall survive the termination or expiration hereof and continue
in full force and effect.
22. Signature Warranty. The undersigned represent and warrant that they are authorized to bind their principals to the terms
and conditions of this Contract Cover and the Agreement generally, including those incorporated by reference to applicable
law.
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3/15/2023
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 NCGS 143C-6-23(a)(2):
a non-State entity that receives a grant of State
funds
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 NCGS 143C-
1-1(d)(18): A firm, corporation, partnership, association,
county, unit of local government, public authority, or
any other person, organization, group, or governmental
entity that is not a State agency, department, or
institution.
(13)"Public Authority" has the meaning in NCGS
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
NCGS 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 NCGS
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.
DEQ CONTRACT CW36701
ATTACHMENT A
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(18)"Unit of Local Government has the meaning in
NCGS 159-7(b)(15): A municipal corporation that
has the power to levy taxes, including a
consolidated city- county as defined by NCGS
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
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:
(a)Worker’s Compensation: The Grantee provides
and maintains Worker’s 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.
(b)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.)
(c)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
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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 sixty (60) 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.
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, tornado, 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 Environmental Quality 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
NCGS 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
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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, if 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.
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 Grantee. As it relates to software development or
study results, ownership rests with the Agency. In the event that
clarification of ownership is required, the Agency Contract
Administrator will make the determination.
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 NCGS
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 Fee(s): The parties
certify and warrant that no gratuities, kickbacks or contingency
fee(s) 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.
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
By Executive Order 24, issued by Governor Perdue, and
NCGS § 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, Natural and
Cultural Resources, Environmental Quality, 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 NCGS 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 State Agencies to determine if those
agencies have adopted Executive Order 24.”
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
1
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2022-2023
Administered by: N.C. Department of Environmental Quality (DEQ), Division of Water
Resources (DWR), 1611 Mail Service Center, Raleigh, N.C., 27699-1611. Contact Kevin Hart at
Kevin.Hart@ncdenr.gov or (919) 707-3607.
Authority: DWR is authorized to provide grants to local governments for water resources
development projects by S.L. 2022-74.
Who is Eligible: Units of local government
Application Deadlines: Applications can be received throughout the year for navigation
projects on an as needed basis.
Funding Source: North Carolina Shallow Draft Navigation Channel Dredging and Aquatic Weed
Fund (N.C. Gen. Stat. § 143-215.73F)
Eligible Purposes and Cost-Share Percentages: According to N.C. Gen. Stat. § 143-215.73F,
revenue in the Fund may only be used to provide the State’s cost share of the costs associated
with any dredging project designed to keep shallow draft navigation channels located in State
waters or waters of the State located within lakes navigable and safe. The cost share for dredging
projects shall be at least one non-State dollar for every three dollars from the fund (S.L. 2022.74). No
cost-share shall be required for dredging projects located, in whole or part, in a development tier one
area for a ferry channel maintained by the North Carolina Department of Transportation.
Ineligible Costs
The following costs will not be paid with State Shallow Draft Navigation funds nor used to
provide the required local share:
•Costs incurred outside of the contract period.
•Indirect or overhead costs of the municipality, such as rent, telephone service, and general
administrative support.
•Salaries and other expenses of elected officials, whether incurred for purposes of project
direction, execution, or legislation, are not an eligible cost.
•Cost incurred for legal fees (including but not limited to Permit appeals or violations).
•Purchase of dredge machinery (including but not limited to barge and excavator).
Additional Information:
Funding provided from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
must be primarily for general or recreational navigation purposes. Additional project outcomes
from a navigation project such as beneficial placement of beach compatible material must be a
secondary reason for the project (if applicable). Dredging around ship berths, piers, docks and
access to private docks are not eligible for funding from the Shallow Draft Navigation Channel
Dredging and Aquatic Weed Fund.
Application Submittal: All required forms and grant information can be found at the
DEQ CONTRACT CW36701/ATTACHMENT BDocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
2
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2022-2023
WRDGP website . Applications shall be considered accepted once an email confirmation
has been provided.
Application Spreadsheet (MS Excel) - Applications shall be completed and returned via email to
Kevin Hart at kevin.hart@ncdenr.gov . The complete application will be included in the DEQ
contract documentation, and the project budget will serve as the basis for the contract’s financial
documentation should a project be recommended for funding. Therefore, it is very important that
its contents are accurate and complete.
Project Plan and Location Maps – Project plans, a survey of the dredge site, and a survey of the
dredge material disposal site (if applicable).
Official Resolution – As required in 15A NCAC 02G .0100, the Project Sponsor shall include a resolution
adopted by the governing board stating the amount of State aid requested and accepting the
Project Sponsor's responsibilities. The Official R esolution must be signed by a
representative of the Project Sponsor with signatory authority and state that the local
unit of government will:
1. Assume full obligation for payment of the balance of project costs.
2. Obtain all necessary State and Federal environmental permits.
3. Comply with all applicable laws governing the award of contracts and the expenditure of
public funds by local governments.
4. Supervise construction of the project to ensure compliance with permit conditions and to
agree to provide safe and proper construction in accordance with approved plans and
specifications.
5. Obtain appropriate easements, rights-of-way or suitable dredge material disposal areas
that may be necessary for the construction and operation of the project without cost or
obligation to the State.
6. Ensure that the project is open for use by the public on an equal basis with limited
restrictions (if on public property).
7. Hold the State harmless for any damages that may result from the construction, operation,
and maintenance of the project.
8. Accept responsibility for operation and long-term maintenance of the completed
project.
An Official Resolution template is available for download from the WRDGP website . The Project
Sponsor may not revise or eliminate provisions from the Official Resolution template unless they
have submitted written justification to DWR and received DWR’s approval. Supplementary
provisions may be added to address unique circumstances of a particular project.
Conflict of Interest Policy – Project Sponsors must provide the local government’s conflict policy
that the Project Sponsor, Project Sponsor’s subordinates and any person or persons designated to
act on behalf of the Project Sponsor does not have an actual or apparent conflict of interest with
respect to the project. An example of a Conflict of Interest policy can be found on the WRDGP
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
3
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2022-2023
website. This policy shall be on the Project Sponsor’s letterhead.
All Conflict of Interest Policies should include:
1) Policies must apply to management employees and members of its board of directors
or other governing body.
2) Policies must apply to any grants involving State funds.
3) Policies must address situations in which individuals in #1 may directly or indirectly
benefit from the disbursement of State funds (excluding any benefit they receive by virtue
of their position as a disburser of the grant).
4) Policies must include actions to be taken by the grantee or individual to avoid conflicts
of interest and the appearance of impropriety.
5) Policies must be filed with the State prior to grant fund disbursement
Supplementary Documentation – The Project Sponsor may provide supplementary
documentation (reports, photos, letters of support, etc.) as separate attachments via email as part
of the application submittal. Application supplementary documents should be emailed to Kevin
Hart at Kevin.Hart@ncdenr.gov.
Note: It is the Project Sponsor’s responsibility to ensure the application submitted to DWR is
accurate and complete. Erroneous or incomplete information in an application may prevent a
project from being recommended for grant funding and may delay processing of contracts and
funds for approved projects.
Any changes to the original project budget and/or project scope submitted with the application
will require the prior written approval of DWR and may also require a DEQ contract amendment.
Unapproved changes to the project scope or budget throughout the course of a project will not be
eligible for cost-share funding or reimbursement.
Grant Application Review and Approval
DWR reviews grant applications and either approves, approves in part, or disapproves those
applications based on the following criteria:
1. The economic, social, and environmental benefits to be provided by the projects;
2. Regional benefits of projects to an area greater than the area under the jurisdiction of the
local sponsoring entity;
3. The financial resources of the local sponsoring entity;
4. The environmental impact of the project;
5. Any direct benefit to State-owned lands and properties.
Post Grant Funding Award
Acceptance of a grant award will require the Project Sponsor to enter into a grant contract with
DEQ. Any changes to the scope of the project or project budget after submission of a grant
application will require the written approval of the DWR Grant Administrator and may also
require a DEQ contract amendment. In seeking DWR approval, the Project Sponsor must submit,
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
4
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2022-2023
at a minimum, a justification for any proposed changes, revised scope of work narrative, and a
revised budget. Unapproved changes to the project scope or budget shall not be eligible for, and
may result in additional reductions to, cost-share funding or reimbursement.
A DEQ grant contract is considered “fully-executed” once it has been signed by both a signatory
authority of the Grantee and DEQ Financial Services. A copy of the fully-executed contract shall be
provided to the Grantee after being signed by DEQ. No portion of work or expenditure of funds
for the project, plan or services shall begin prior to receiving a fully-executed contract from DEQ.
Unforeseen circumstances such as legislative, policy or funding allocation changes may delay
award notifications.
Project Sponsor Obligation – Environmental Permitting
All proposed projects are subject to environmental review and permitting under applicable
federal and State law. It is the Project Sponsor’s responsibility to prepare, provide and remain in
compliance with all applicable environmental permitting requirements.
Extension Request
Grant award recipients may request a contract extension if a justification for the extension can
be sufficiently documented. An extension is granted at the discretion of DWR. An extension
request shall be submitted at least 45 days prior to the contract expiration date by the Project
Sponsor or primary contact on official letterhead to Kevin Hart at Kevin.hart@ncdenr.gov. At a
minimum, the extension request shall include:
1. Justification for the extension request
2. Summary of the current project status
3. Anticipated project schedule moving forward
Extension requests that are approved by DWR will require a grant contract modification by DEQ.
Grant Reimbursement Payments
The grant award amount is the maximum possible reimbursement amount. Only expenditures
incurred after a fully executed contract that are detailed in the contract budget are eligible for
reimbursement. Allowable expenditures are expenditures associated with the work performed
for a specific invoicing cycle that are in accordance with the DWR-approved application budget
sheet for the project. Reimbursements will provide 75% of the total amount spend on the project
as of the date of the request for Tier 1 counties, as defined in N.C. Gen. Stat. § 143B-437.08.
Reimbursements will provide 100% of the total amount spent for dredging projects located, in
whole or part, in a development tier one area (as defined in N.C. Gen. Stat. § 143B-437.08) for a
ferry channel maintained by the North Carolina Department of Transportation. Reimbursement
requests can be submitted no more frequently than monthly. DWR will normally pay the Grantee
by check or electronically within 30 days of receipt of the statement of expenses, provided the
expenses are in accordance with the project information shown in the initial request or as
amended. If the Grantee decides that significant changes to a project’s scope from that in the
original application are necessary, the Grantee must send a request in writing to the DWR Grant
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
5
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2022-2023
Administrator and receive approval of those changes. Unapproved changes will not be eligible for
state cost-sharing.
Reimbursement requests shall include:
1. Cover letter on grantee letterhead that includes:
a) DEQ grant contract number
b) Total amount of reimbursement request
c) Actual cost (expenses) by approved budget categories
d) Total amount spent on the project to date of the request
2. Complete Grant Reimbursement Template (both sheets labeled “Invoices” and “Request 1
Itemized”) located on the WRDGP website.
3. Copies of invoices or other documentation for materials, services and other project costs
detailed on the “Request 1 Itemized” sheet. Invoices submitted shall be on either the
Grantee or the Grantee’s subcontractor letterhead.
DWR will retain 10% of the total grant award amount until after the final project has been
inspected and accepted by DWR staff. The reimbursement request and supporting
documentation should be submitted electronically to Kevin Hart at Kevin.Hart@ncdenr.gov .
Requests for Additional Funding
Grant recipients can submit a request for additional funding to DWR. Requests for additional
funding must be submitted by the Project Sponsor on official letterhead via email. The following
information shall be submitted by the Grantee to DWR for additional funding consideration:
1. A narrative describing the circumstances/need for an increased funding award, summary
of current project status and anticipated project implementation schedule.
2. Copies of all subcontractor invoices for design, permitting, surveying, construction,
construction oversight and project administration.
Upon receiving all relevant information from the Grantee, DWR will respond to the Grantee with
within 30 calendar days with a decision regarding increased funding. Funding increases are
subject to the availability of funds. DWR may not be able to grant requests for additional funding
caused by inaccurate or incomplete information in the application or project budget provided by
the Project Sponsor or Co-Project Sponsor.
Project Close-Out
The Grantee shall notify the DWR Grant Administrator upon project completion and provide
DWR with the most recent set of permits, as-built/record, post-surveys of the dredge site, and
post-surveys of the spoil site (if applicable) in Adobe PDF format prior to the project close-out.
DWR Grant Administrator may schedule a close-out inspection of the completed project with a
representative of the Grantee. This inspection will verify that the project was implemented in
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
6
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2022-2023
accordance with the information provided in the grant application, along with the approved plans
and specifications.
The Grantee shall address any remedial or compliance actions identified during this close out
inspection prior to DWR project acceptance. After the project is inspected and accepted, DEQ will
review the accounting statements and reimburse the Grantee for the remaining 10% of the
State’s share of the non-federal cost.
Additional References for the Shallow Draft Navigation Channel Dredging and Aquatic
Weed Fund:
S.L. 2013-360
S.L. 2015-241
S.L. 2016-94
S.L. 2017-57
S.L. 2018-5
S.L. 2021-180
S.L. 2022-74
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
Kevin.Hart@ncdenr.gov or (919) 707-3607
State Zip
Fax Number
State Zip
Fax Number
State Zip
Fax Number
North Carolina Department of Environmental Quality
Division of Water ResourcesContact Kevin Hart at
Mason Inlet Maintenance Relocation Project 2023/2024
Layton Bedsole
Wilmington
1. Project Title
Organization Tax ID Number
Name
Title
Organization Name
2a. Primary Contact or Project Manager
E-mail address
2b. Execution Address (where contract will be mailed for signature) - Write "same as above" if it is the Primary Contact information in 2a.
Name
Title
Organization Name
E-mail Address
Same as above
Mailing Address
City
Telephone
Shore Protection Coordinator
New Hanover County
lbedsole@nhcgov.com
910 798 7104
Mailing Address
Telephone
City
E-mail Address
Mailing Address
Same as above
2c. Payment Address (where invoice payments will be mailed) - Write "same as above" if it is the Primary Contact information in 2a.
NC
230 Government Center Drive
28403
Telephone
City
Name
Title
Organization Name
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
FY 2022-2023
DEQ CONTRACT CW36701
ATTACHMENT C
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
Kevin.Hart@ncdenr.gov or (919) 707-3607
North Carolina Department of Environmental Quality
Division of Water ResourcesContact Kevin Hart at
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
FY 2022-2023
6/31/2025
5. Existing Conditions - Brief description of existing site conditions and land use within project area
7. Project Location: Important to submit as completely as possible, especially the Lat/Long coordinates
3. Project Description - Provide a short summary of the project
Initially constructed in 2002, the Mason Inlet Relocation Project (MIRP) was North Carolina’s (NC) first inlet relocation effort. The MIRP has
successfully managed the Mason Inlet complex inclusive of the Atlantic Intracoastal Waterway (AIWW) crossing, Mason Creek, Banks
Channel's confluence, Mason Inlet proper and the ebb tide delta (Figure One). Elements of the Mason Inlet complex have template design
dimensions similar to many shallow draft inlets located in southeastern NC. The Mason Inlet complex is maintained in the AIWW crossing at -
12’(±2’) mean low water (MLW) and east to the ocean at -8.5’ MLW. The inlet complex design, alignment and template dimensions allow for
estaurine flushing, sediment migration and tidal prism access as a connecting channel from the Atlantic Ocean to the AIWW. 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 and subsequent maintenance/management efforts. The fiscal agreement between New Hanover County and MIPG north (Figure
Eight Island) and MIPG south (North Wrightsville Beach) is in place through the Federal authorization period of 31 December 2031. As part of
that agreement, Figure Eight Island has the first option of beneficial sand reuse along an authorized oceanfront management template.
Figure Eight has a fixed purchase price per cubic yard placed and is entirely responsible for that expenditure. There are no requested grant
dollars on behalf of Figure Eight's purchase, placement or use of beneficial sand generated from the relocation maintenance event.
4. Project Scope – Brief description of the project scope (what is being proposed) and justification (why is it being proposed)
The 2023/2024 MIRP maintenance event will assess shoaling in all project reaches including the AIWW crossing, Mason Creek, Banks
Channel's confluence, Mason Inlet proper and the ebb tide delta (Figure 2). The MIRP has multiple facets which act as potential trigger
points for maintaining the inlet complex location and functions. The channel bank line migration, within the engineering corridor, and the
creek/inlet shoaling volumes are the primary indicators resulting in this maintenance event decision. The 2023/2024 maintenance event has
also been influenced by the inlet system effects resulting from Hurricanes Ian and Nicole . The MIRP is authorized under the US Army Corps
of Engineers (USACE) permit #199901052 and the North Carolina Division of Coastal Management (NCDCM) permit #151-01 both permits
issued to NHC. These authorizations include dredge material management at three onsite locations: AIWW Confined Disposal Facility (CDF)
241 (Figure 3) and along 10,000 linear feet of oceanfront shoreline on Figure Eight Island (Figure 4) and Wrightsville Beach (Figure 5). The
event's potential shoaling is approximately 650,000 cubic yards with potential beneficial reuse along Figure Eight Island (~500K cy) and North
Wrightsville Beach (~150K cy).
The MIRP has multiple maintenance event triggers; a primary maintenance trigger is a minimum volume accumulation within the engineered
template of 300,000 cubic yards (cy). Another trigger ensures the inlet thalweg is maintained within the engineering corridor safeguarding
the inlet’s location, functions and maintaining healthy inlet shoulders. The proposed maintenance event during the upcoming window has
been prompted by the thalwegs migration within the engineering corridor as well as the inlet system's shoaled volumes. The attached
figures depict the project plan view, a 2022 aerial showing the engineered corridor, designed centerline and survey transects. The spring
2023 oceanfront mean high water contour between Wrightsville Beach and Figure 8 Island places the Colreg line approximately along Station
4+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 as tidal action has naturally opened the inlet beyond the Colreg's line without dredging.
However, future storms and inlet configuations can not rule out the potential need of active dredging beyond the Colreg's line.
6. Anticipated Contract Start Date
34⁰ 14' 32.28"
77⁰ 46' 08.52"
650,000
Project Location
Inlet/Channel/Waterbody Name
County Name
Anticipated Total Dredged Material in Cubic
Yards
Longitude
Latitude
Mason Inlet
New Hanover
Mason Inlet
Position coordinates of project location
Anticipated Contract End Date9/1/2023
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
Kevin.Hart@ncdenr.gov or (919) 707-3607
North Carolina Department of Environmental Quality
Division of Water ResourcesContact Kevin Hart at
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
FY 2022-2023
Direct Benefit to State-Owned Lands and Properties
As part of the original relocation project, all pre-project state bottoms found below mean high water raised above mean high water have
become NC lands. This project element has resulted in state property being included in a federally mandated waterbird management area.
The MIRP's waterbird management area is a federal permit mitigation requirement. The waterbird management area is permanently and semi-
permanently marked and managed for annual waterbird monitoring purposes; in 2015 the annual delineation was in conjunction with an
Eagle Scout project. As a property owner, the State now has legal interests in an undeveloped and accessible public use location along north
Wrightsville Beach's Mason Inlet shoulder.
The MIRP is considered a soft-solution in terms of inlet management versus a groin or hardened solution. The shoaled sand has been tested,
matching well to native beach characteristics from both Wrightsville Beach and Figure 8 Island; while also meeting the sediment criteria
overseen by the NCDCM. The project effects have shown positive results in terms of annual monitoring of intertidal and subtidal habitat
acreage. The MIRP has authorized beneficial reuse locations for properly managing the removed shoaled sand. In non-relocation events,
smaller volumes located at or near the AIWW crossing may be managed within AIWW CDF 241 adjacent Mason Creek. Benefiting ecological
systems include the resulting dune field, intertidal marsh habitat, nesting bird and turtle habitats, 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 Mason Inlet complex, when maintained, promotes flushing within the engineered template but also within the adjoining
marsh ecosystems and nearby tidal creeks.
Environmental Impacts
8. General Statute 143-215.72 states that in reviewing applications the Secretary shall consider Economic, Social, and Environmental
Benefits provided by the project; Regional Benefits of the project to an area greater than the area under jurisdiction of the local sponsoring
entity; The financial resources of the local sponsoring entity; The enviornmental Impact of the project; Any direct benefit to State-owned
lands and properties. Please provide your answers below for each category:
Economic, Social, and Environmental Benefits
This maintenance event is both template and market driven, supported by MIPG’s fiscal responsibilities and the dredging sector’s project
interest and equipment availability. The fiscal agreement between NHC, MIPG South and MIPG North makes use of NHC's room occupancy
tax (ROT) for the maintenance events' initial fiscal coverage. The ROT is fully reimbursed by MIPG members via 5-year property assessments
valued by the parcels' proximity to the authorized template's footprint. NHC anticipates an approximate construction start date in early
November 2023 and a targeted construction completion date of 30 March 2024. The project supports multiple anthropogenic and nature
based uses such as pedestrian access, boating, fishing, shelling, birding and surfing.
The MIRP continues to protect public and private infrastructure, small businesses, elements of the region’s tax bases and very important
ecological niches. The project supports a North Wrightsville Beach waterbird management area documenting annual bird usage from March
through October. The oceanfront shorelines of Wrightsville Beach and Figure 8 Island have beneficial reuse sand placement locations that
extend approximately 10,000 linear feet along each oceanfront shoreline with sand reuse volumes not to exceed an average of 50 cy/linear
foot. Up to 500,000 cy could be placed within the designated areas on Wrightsville Beach and Figure 8 Island. The beneficial reuse augments
the shorelines’ coastal infrastructure by protecting small businesses, tourism, public and private infrastructure while supporting the
project’s land and water public access, healthy inlet shoulders and natural resources/habitats.
Regional Benefits
The MIRP is financially supported by NHC's ROT. NHC's Finance Department recoups these costs through 5-year property assessments of
MIPG members. The value of an individual assessment moderates based on the parcel's distance from the inlet's engineered corridor.
Financial Resources
9. Disposal Area Placement Facility: Please describe the facility location, facility size and depth, method of placement, facility distance from
navigation project, facility owner, required facility improvements, permit requirements and any additional information relevant for project
completion.
The authorized disposal locations (see attached figures) are 10,000 linear feet on both South Figure Eight Island and North Wrightsville
Beach. Both disposal reaches are authorized to recieve beach compatible sand not exceeding an average of 50 cubic yards per linear foot.
By permits, a total of 500,000 cubic yards placed are authorized for each disposal reach during a single maintenance relocation event,
totalling a potential of one million cubice yards of beneficial reuse along these specified reuse templates. In non-relocation years, the MIRP
accesses an authorized location for properly managing the AIWW crossing's shoaled sand. These smaller volumes located at or near the
AIWW crossing may be managed within a Federal/private AIWW confined disposal facility adjacent Mason Creek (CDF 241). These sand
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
Kevin.Hart@ncdenr.gov or (919) 707-3607
North Carolina Department of Environmental Quality
Division of Water ResourcesContact Kevin Hart at
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
FY 2022-2023
State Local / Municipal Federal
DWR Contribution
Cash
In-kind
Cash $25,902.00
In-kind
Cash $12,090.00
In-kind
Cash $26,658.75
In-kind
Cash $161,104.13
In-kind
Cash $7,875,000.00
In-kind
Cash
In-kind
Cash
In-kind
$8,100,754.88 $0.00
$0.00
$8,100,754.88 $0.00
$8,100,754.88 $2,700,251.63
75.00%25.00%
$4,030.00 $4,030.00 $16,120.00
$8,634.00
$0.00 $0.00
$8,634.00
$0.00 $0.00
$0.00 $0.00
$53,701.38 $53,701.38
$34,536.00
$0.00 $0.00
$0.00 $0.00
$214,805.50
volumes are beach quality, staged and managed for later oceanfront recycling.
10. Budget:
Other
Non-
Federal
Match
Local + Other Non-Federal
Match Total Category TotalMatch
Administration
Design
Permitting
Survey
$0.00 $0.00
Construction
$8,886.25 $35,545.00
Construction Oversight
$8,886.25
$2,625,000.00 $2,625,000.00 $10,500,000.00
$0.00
Construction Materials
$0.00
$0.00 $0.00
$0.00 $0.00
Land
$0.00 $0.00
$0.00 $0.00
Cash Sub-total $2,700,251.63 $0.00 $2,700,251.63 $10,801,006.50
DWR Total = Local + Non-Fed Total Non-Federal % =100.00%
DWR Match % = Local + Non-Fed Match Federal % =0.00%
In-kind Sub-total $0.00 $0.00 $0.00 $0.00
Total $2,700,251.63 $0.00 $2,700,251.63 $10,801,006.50
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
Notice of Certain Reporting and Audit Requirements
A recipient or subrecipient shall comply with the all rules and reporting requirements established by
statute or administrative rules found in 09 NCAC Subchapter 3M. For convenience, the requirements of
09 NCAC Subchapter 3M.0205 are set forth in this Attachment.
Reporting Thresholds.
There are three reporting thresholds established for recipients and subrecipients receiving State awards
of financial assistance. The reporting thresholds are:
(1)Less than $25,000 – A recipient or subrecipient that receives, hold, uses, or expends
State financial assistance in an amount less than twenty-five thousand dollars ($25,000)
within its fiscal year must comply with the reporting requirements established by this
Subchapter including:
(A)A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B)An accounting of all State financial assistance received, held, used, or expended.
(2)$25,000 up to $500,000 -A recipient or subrecipient that receives, holds uses, or expends
State financial assistance in an amount of at least twenty-five thousand ($25,000) but
less than five hundred thousand dollars ($500,000) within its fiscal year must comply with
the reporting requirements established by this Subchapter including:
(A)A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B)An accounting of all State financial assistance received, held, used, or expended.
(C)A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the contract.
(3)Greater than $500,000 – A recipient or subrecipient that receives, holds, uses, or
expends State financial assistance in the amount equal to or greater than five hundred
thousand dollars ($500,000) within its fiscal year must comply with the reporting
requirements established by this Subchapter including:
(A)A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B)An accounting of all State financial assistance received, held, used, or expended.
(C)A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the contract.
(D)A single or program-specific audit prepared and completed in accordance with
Generally Accepted Government Auditing Standards, also known as the Yellow
Book.
Other Provisions:
1.All reports shall be filed with the disbursing agency in the format and method specified by the agency
no later than three (3) months after the end of the recipient's fiscal year, unless the same information is
already required through more frequent reporting. Audits must be provided to the funding agency no
later than nine (9) months after the end of the recipient’s fiscal year.
2.Unless prohibited by law, the costs of audits made in accordance with the provisions of 09 NCAC 03M
.0205 shall be allowable charges to State and Federal awards. The charges may be considered a
direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in
the Code of Federal Regulations, 2CFR Part 200. The cost of any audit not conducted in accordance
with this Subchapter shall not be charged to State awards.
3.Notwithstanding the provisions of 09 NCAC 03M .0205, a recipient may satisfy the reporting
requirements of Part (3)(D) of this Rule by submitting a copy of the report required under the federal
law with respect to the same funds.
4.Agency-established reporting requirements to meet the standards set forth in this Subchapter shall be
specified in each recipient's contract.
DEQ CONTRACT CW36701
ATTACHMENT D
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
DEQ CONTRACT CW36701
ATTACHMENT E
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00
DocuSign Envelope ID: 2857FD29-04C4-4F10-B812-FA38A16CBE00