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STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. DOC TYPE [I FINAL PERMIT ❑ ANNUAL REPORT. ❑ APPLICATION ❑ COMPLIANCE HER DOC DATE YYYYMMDD mC*--3 6--4-4 AKFWA MCDENR North Cardina Department of Environment and Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director April 24, 2013 Daryl M. Hammock, PE Water Quality and Environmental Permitting Manager City of Charlotte Stormwater 600 E. 4th Street Charlotte, NC 28202 Dear Mr. Hammock; RECEIVED DIVISION OF WATER QUALITY MAY 022013 Natural ResoUrCP,SESVILLE REGIONAL OFFICE John Skvarla Secretary Subject: NPDES Permit Number NCS000240 In accordance with your request to make minor changes to your NPDES Permit, NCS000240, we are forwarding herewith the revised NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .l and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). 'Phis permit does not affect the legal requirements to obtain other permits which may be required by the by the Division of Energy, Mineral, and Land Resources or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mike Randall at mike.randal 1@,ncdenr.gov or by telephone number 919-807-6374. Sincerely, for Charles Wakild, P. E. D i rector cc: Central Files Stormwater and General Permit Unit Files DWQ Regional Office Wobnds and S1ornixaler Branch IG17 K,,ail Service Ce,;ter, Rategh, Ho"h Caroling 27695-1�-1 i L�ca;k,,;", 512 K SaGshun `!t. gal^ yr, frurt! Carolina 27304 °honr"'''1�-R07-G^^0%PAX 919"Pr,'-,-A94'1% ".:swrorlorvirP 1•.`•'7-6?3-G74b One NoahCaI-{ohna ._al'•r✓un-.:.�' ri` n<,r.:.,��' in .r,par.r:: STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000240 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, City of Charlotte is hereby authorized to discharge stormwater from their municipal separate storm sewer system located within the City of Charlotte's corporate limits to receiving waters of the State, within the Catawba and Yadkin -Pee Dee River basins in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111, W, V, VI, VII and VIII hereof. In addition, the City of Charlotte, is hereby authorized to operate, administer, and enforce Construction Site Runoff Control and Post Construction Site Runoff Control Programs as required and specified by this permit within the City's Extra Territorial Jurisdiction (ETJ) area. This permit shall become effective March 1, 2013. This permit and the authorization to discharge shall expire at midnight on February 28, 2018. Revised April 24, 2013, and signed this day April 24, 2013. for Charles Wakild, F.E., Director Division of Water Quality By the Authority of the Environmental Management Commission NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director': :} ' Secretary, �+ August 13, 2009 The Honorable Patrick L. McCrory, Mayor AUG 18 2009 Charlotte -Mecklenburg Storm Water Services 600 East Fourth Street Charlotte, North Carolina 28202 SUBJECT: City of Charlotte Revolution Park Water Reuse Pond Project No. 2W370377-1 Preconstruction Conference Dear Mayor McCrory: A preconstruction conference was held on August 10, 2009 for the subject project. Attached is the agenda presented by the Construction Grants & Loans Section representative. Please review and file in your records. If you and/or your engineer have any questions regarding this inspection, please contact irte at. (919) 715-6220. Sincerely, ly Antonio V. Evans, A.E. Environmental Engineer Construction Inspection Group A V F/sd Attachments cc: Gary Stansbury, City of Charlotte, Storm Water Services Division, Charlotte NC MRO wla ARRA w/a CIG w/a — Antonio Evans Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-69001 FAX: 919-715-62291 Internet: www.nccgl.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper One NorthCarolina Nawally Page I of 6 (Attachment A) LIST OF ATTENDEES NAME REPRESENTING PHONE# FAX# Antonio Evans DENR-DWQ-CG & L 919-715-6220 919-715-6229 Frank Neely 8 Star Construction Heather Broome City of Charlotte 704-634-1039 .cosh Letourneau Armstrong Glen Gary Stansbury City of Charlotte 704-336-2667 EMAIL tony.e vans @ ncdenr.gov Page 2 of 6 (Attachment B) NCDENR/DWQ STATE REVOLVING LOAN/GRANT PROGRAM CONSTRUCTION INSPECTION GROUP PRECONSTRUCTION CONFERENCE REPORT Name of' Project: Project Number: Grant Recipient: Description of Work: Elide Revolution Park Water Reuse Pond 2W370377-10 City of Charlotte Construction of a 3.5 million gallon reuse pond, reinforced concrete reuse intake riser, 100 foot reinforced concrete inlet weir, 18-inch thick clay liner, sedimentation and erosion control devices, and associated appurtenances necessary for the installation of a complete system. Authorized Representatives: I . Grant Recipient: Patric L. McCrory, Mayor 2. State: Daniel Blaisdell, P.EJMark L. Hubbard, P.E. 3. Consulting Engineer: Armstrong; Glenn 4. A/E Inspector: Heather Broome Date and Time of Conference: August. 10, 2009 9:00 AM at the project. site. CONSTRUCTION CONTRACT NO. I Contractor Name — 8 Star Construction Address — 9349 China Grove Church Road, Pineville NC 28134 Contract Amount - $316,441.65 Eligible Contract. Amount - $316,441.65 Contract Description - Storm Pond Construction Superintendent at Site — Frank Neely (or Marvin Odom) Date of Notice To Proceed — 7113/09 Contract Time —142 calendar days Completion Date — 12/1/09 Liquidated Damages $1000.00 per day until final completion ROLE OF THE CONSTRUCTION INSPECTION GROUP (CIG) l . Conduct periodic inspections of the project. 2. Review change orders for necessity and reasonableness to determine eligibility for funding. 3. Purpose: a. To assure that the overall objectives of the ARRA Funds (Funds) are realized. Page 3 of 6 b. To assure that the Funds and project will be administered in accordance with Federal Laws regulations. C. To advise and offer assistance to the Owner, hereafter referred to as Recipient. d. To ensure contract compliance and construction in accordance with the approved contract. documents. CIG INSPECTIONS 1. Prior notice will be given: however, unannounced inspections will also be conducted. 2. Inspections will be conducted in two phases: a. Fund Administration b. Project Construction 3.. During inspections, CIG will usually review at the job site for completeness and accuracy all shop drawings, submittals, inspector's field reports, as -built drawings, revised construction schedules and records of testing of materials and equipment, and discuss pending or executed change orders. 4. All equipment and materials on job site are requested to be properly stored, stockpiled, and protected. The job site is to be maintained in an acceptable manner. 5. Safe working conditions should be maintained at all times. The CIG will discuss safety violations which are potentially life endangering or threatening serious injury. If necessary, the CIG will take prompt action to notify State and OSHA regional representatives of any noted conditions. 6. Results of the inspection will be discussed at the job site upon completion of the Inspection. 7. Formal copies of the inspection report will be sent to the Recipient, ME and other parties, if so desired. 8. In order to avoid the situation where the contractor is provided a final punch list of deficiencies by both A/E and CIG, CIG will accompany the A/E on his final punch list inspection. CHANGE ORDERS 1. Recipient should notify DENR-DWQ prior to commencement of any change order work, except for emergency situations, that change the scope of the project. 2.. Recipient must obtain prior DENR-DWQ approval for any change orders in excess of $100,000 or any change orders that would necessitate an increase in the Fund amount. 3. Recipient should submit two (2) properly executed copies of change orders to DENR- DWQ. Change order forms should indicate the Federal project number, the correct change order number, name of contractor, contract number, and the date the change order was signed by all parties. 4. A complete detailed justification and clear description must be submitted with each change order to identify the need for the change. This submittal shall include justification and proper documentation for any requested time extensions. 5. Copies of new or revised contract drawings and/or specifications must be submitted with each change order. 6. Unless previously agreed unit prices are used, complete records of price negotiations shall be submitted with each change order. This should include such items as: a copy of the engineer's independent cost estimate, the construction contractor's cost breakdown, Page 4 of 6 and the basis for the final negotiated settlement which would be a Memorandum of Negotiation. 7. The change order checklist should be completed and submitted with each change order. A copy has been included at the end of this report. 8. Change orders will be disapproved until the above backup documentation is submitted. Work in place required by a non -State approved change order shall not. be included m a contractor's partial payment request until the change order is approved. 9. Once the Recipient signs a change order, he obligates himself to the Contractor. The State is not obligated to approve the change order or reimburse the Recipient. The CIG will perform preliminary reviews of unexecuted change orders and provide preliminary eligibility determinations upon request. RECIPIENT & VE, RESPONSIBILITY I . The Recipient and ME should become familiar with their responsibilities as defined by 40 CFR. 2. Fund conditions must be met and Fund objectives achieved including but not limited to: a. Display Davis Bacon wage rates in an area accessible to contractor employees. b. Provide certified payrolls with each pay request. c. Provide documentation on file verifying that "Buy American" requirements are met. d. Provide job creation numbers as wells as job loss prevention numbers when and/or if asked for them. RECIPIENT PAYMENT REQUEST 1. Recipient should submit all payment requests (SF271) to the State with backup documentation when requested. 2. Fund Agreernent/Amendments and all conditions placed on them, if applicable, must be ,satisfied prior to payment of funds. ENVIRONMENTAL PROTECTION The Recipient was advised that the protection of the environment is a Fund requirement. It is necessary to comply with all environmental pollution control programs established by the city, State, and EPA. This includes, but is not limited to: i . Protection of existing trees, shrubs, and grass. 2. Dust control of haul roads, excavation, work areas, and borrow areas 3. Conformance with an approved erosion control plan. 4. Required treatment of Recipient's water during construction. VARIOUS ITEMS The approved set of contract drawings should be furnished to the Recipient, A/E inspector, and to each contractor's supervisor or foreman. These drawings are to be marked up as authorized changes occur- and are to be used in preparing as -built (record) drawings. These marked -up drawings shall be maintained and made available for review by State inspectors. Page 5 of 6 2. Prior to commencement of work, each contractor shall submit a "Construction Progress Schedule" (i.e. Bargraph, CPM, etc.) showing a breakdown of the principal features of construction with the contract costs. The schedule shall be prepared in such a way that the percentage of work completed and the work scheduled for completion at any given date may be determined. Also at the same time, each contractor shall submit an itemized breakdown that shall be the basis on which the contractor's monthly estimates and progress payments will be made. This office is requesting copies of these submittals upon authorization of the Recipient's engineer. 3. The Recipient and A/E should confirm that all required permits and encroachment agreements have been obtained, including COE 404 Wetlands Permit, COE Section 10 Navigable Waterways Permit, DENR Erosion Control Permit, DWQ Water Quality Certification, NCDOT and Railroad Encroachment Agreements, etc. 4_ The Recipient and A/E should confirm that all addenda have been submitted for approval. 5. Addenda Approval: Addendum Number Date Received Date Approved 1 05/28/09 6/ 1 /09 2 05/28/09 6/l /09 Page 6 of 6 CONSTRUCTION GRANTS & LOANS CHANGE ORDER CHECKLIST The following checklist mustbe completed and all information must be submitted prior to approval. Incomplete submittals will not be reviewed. Owner Project Name Project No. Change Order No. Contract No. Contractor Change Order Documents Two (2) copies of the properly executed change order (an unexecuted copy may be submitted for a preliminary review, however all supporting documentation must be included); Federal and/or State Project nurnber(s) shown on the change order; Clear description of each change; Detailed justification to identify the need for each change; Justification and documentation for any contract tune extensions (Time extensions for weather should be for above average precipitation. The average number of days with precipitation greater than 0.10" for each month can be obtained from NOAA Report No. 20.) Copies of new or revised contract drawings and/or specifications for the change; Cost Documentation: The degree of cost documentation required is directly proportional to the cost of the change. However, each of the following items should be addressed regardless of the cost: Engineer's independent cost estimate; Contractor's detailed cost breakdown for labor, material, equipment, tax, overhead, and profit; Copies of suppliers' invoices for major items; Memorandum of negotiation which documents the negotiation process and the basis for the final negotiated settlement T r NC®ENR North Carolina Department of Environment and Natural Resources Division of Water QuaI4 Beverly Eaves Perdue Coleen H. Sullins Dee; Freeman, Fi •7 Governor Director ,i . ., :Secretary t August 13, 2009 AUG 1 8 2009 The Honorable Patrick L. McCrory, Mayor Charlotte -Mecklenburg Storm Water Services 600 East Fourth Street Charlotte' North Carolina 28202 ©Ylr �;,�. 4i.d. ,. ,,. _, , klli�.., wd .. url'W:Cv lll�i'�• SUBJECT: City of Charlotte Muddy Creek & Campbell Creek Watershed Restoration Project No. 2W370377-1 l Preconstruction Conference Dear Mayor McCrory: A preconstruction conference was held on August 10, 2009 for the subject project. Attached is the agenda presented by the Construction Grants & Loans Section representative. Please review and file in your records. If you and/or your engineer have any questions regarding this inspection, please: contact me at. (919) 715-6220. Sincerely, Antonio V. Evans, P.E. Environmental Engineer Construction Inspection Group A V E/sd Attachments cc: Gary Stansbury, City of Charlotte, Storm Water- Services Division, Charlotte NC M RO w/a ARRA w/a CIG w/a -- Antonio Evans Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarolina Phone: 919.733.6900 / FAX: 919-715-6229 / Internet: www.nccgl.net � y+ An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper . V atu ally Page 1 of 6 t. NAME Antonio Evans Barry West Chris Tomsic Chris Yow Jennifer Barker Donna Bost Gary Stansbury (Attachment A) LIST OF ATTENDEES REPRESENTING DENR-DWQ-CG & I Shamrock Environmental Michael Baker Engineering Michael Baker Engineering City of Charlotte City of Charlotte City of Charlotte PHONE# FAX# EMAIL 919-715-6220 336-375-1989 704-334-4454 704-334-4454 704-4320963 704-400-1987 704-336-2667 919-715-6229 tony.evans@ncdenr.gov bwest@shamrockenviron.com 704-334-4492 ctomsic@mbakercorp.com 704-334-4492 cyow@mbakercorp.com Page 2 of 6 (Attachment B) NCDENR/DWQ STATE REVOLVING LOAN/GRANT PROGRAM CONSTRUCTION INSPECTION GROUP PRECONSTRUCTION CONFERENCE REPORT Name of Project: Muddy Creek Watershed Restoration Project Number: 2W370377-11 Grant Recipient: City of Charlotte Description of Work: Eligible Restoration ol'approximately 7,373 linear feet (if) of stream, 6.1 acres of wetlands, and the creation of 27.9 acres of wild life habitat (i.e. establishing woody riparian buffer), removal and replacement of sidewalks, pavement, roadways, driveways and curbs, sedimentation and erosion control devices, and associated appurtenances necessary for the installation of a complete system. Non Eli ible Any installation of new walkways, sidewalks, crossings, or pedestrian bridges not specifically necessary for the restoration aspect of the project. Authorized Representatives 1. Grant Recipient: Patrick McCrory, Mayor 2, State: Daniel Blaisdell, P.EJMark L. Hubbard, P.E. 3. Consulting Engineer: Michael Baker Engineering d. A/E Inspector: Donna Bost (Charlotte) / Chris Yow (Baker Eng.) Date and Time of Conference: August 10, 2009 10:30 AM at project site CONSTRUCTION CONTRACT NO. I Contractor Name — Shamrock Environmental Address — 6106 Corporate Park Drive, Brown Summit NC Contract Amount - $1,440,496.05 Eligible Contract Amount - $1,440,496.05 Contract Description - Stream Restoration Superintendent at Site — Barry West / Tony Upchurch Date of Notice To Proceed — 07/27/09 Contract Time — 365 calendar days Completion Date — 07/27/10 Liquidated Damages $1000.00 per day until final completion Page 3 of 6 ROLE OF THE CONSTRUCTION INSPECTION GROUP (CIG) I . Conduct periodic inspections of the project. 2. Review change orders for necessity and reasonableness to determine eligibility for funding. 3. Purpose: a. To assure that the overall objectives of the ARRA Funds (Funds) are realized. b. To assure that the Funds and project will be administered in accordance with Federal Laws regulations. C. To advise and offer assistance to the Owner, hereafter referred to as Recipient. d. To ensure contract compliance and construction in accordance with the approved contract documents. CIG INSPECTIONS 1. Prior notice will be given; however, unannounced inspections will also be conducted. 2. Inspections will be conducted in two phases: a. Fund Administration b. Project Construction 3. During inspections, CIG will usually review at the job site for completeness and accuracy all shop drawings, submittals, inspector's field reports, as -built drawings, revised construction schedules and records of testing of materials and equipment, and discuss pending or executed change orders. 4. All equipment and materials on job site are requested to be properly stored, stockpiled, and protected. The job site is to be maintained in an acceptable manner. 5. Safe working conditions should be maintained at all times. The CIG will discuss safety violations which are potentially life endangering or threatening serious injury. If necessary, the CIG will take prompt action to notify State and OSHA regional representatives of any noted conditions. 6. Results of the inspection will be discussed at the job site upon completion of the inspection. 7. Formal copies of the inspection report will be sent to the Recipient, A/E and other parties, if so desired. 8. In order to avoid the situation where the contractor is provided a final punch list of deficiencies by both A/E and CIG, CIG will accompany the A/E on his final punch list inspection. CHANGE ORDERS 1. Recipient should notify DENR-DWQ prior to commencement of any change order work, except for emergency situations, that change the scope of the project. 2. Recipient must obtain prior DENR-DWQ approval for any change orders in excess of $100,000 or any change orders that would necessitate an increase in the Fund amount. 3. Recipient should submit two (2) properly executed copies of change orders to DENR- DWQ. Change order forms should indicate the Federal project number, the correct change order number, name of contractor, contract number, and the date the change order was signed by all parties. Page 4 of 6 4. A complete detailed justification and clear description must be submitted with each change order to ident.ify the need for the change. This submittal shall include justification and proper documentation for any requested time extensions. 5. Copies of new or revised contract drawings and/or specifications must be submitted with each change order. 6. Unless previously agreed unit. prices are used, complete records of price negotiations shall be submitted with each change order. This should include such items as: a copy of the engineer's independent cost estimate, the construction contractor's cost breakdown, and the basis for the final negotiated settlement which would be a Memorandum of Negotiation. 7. The change order checklist should be completed and submitted with each change order. A copy has been included at the end of this report. 8. Change orders will be disapproved until the above backup documentation is submitted. Work in place required by a non -State approved change order shall not be included in a contractor's partial payment request until the change order is approved. 9. Once the Recipient signs a change order, he obligates himself to the Contractor. The State is not obligated to approve the change order or reimburse the Recipient. The CIG will perform preliminary reviews of unexecuted change orders and provide preliminary eligibility determinations upon request. REC]IMENT & A/E RESPONSIBILITY The Recipient and A/E should become familiar with their responsibilities as defined by 40 CFR. 2. Fund conditions must be met and Fund objectives achieved including but. not limited to: a. Display Davis Bacon wage rates in an area accessible to contractor employees. b. Provide certified payrolls with each pay request. c. Provide documentation on rile verifying that "Buy American" requirements are met. d. Provide job creation numbers as wells as job loss prevention numbers when and/or if asked for them. RECI.PI_ENT PAYMENT REQUEST Recipient should submit all payment requests (SF271) to the State with backup documentation when requested. 2. Fund Agreement/Amendments and all conditions placed on them, if applicable, must he satisfied prior to payment of funds. ENVIRONMENTAL PROTECTION The Recipient was advised that the protection of the environment is a Fund requirement. It is necessary to comply with all environmental pollution control programs established by the city, State, and EPA. This includes, but is not limited to: I . Protection of existing trees, shrubs, and grass. 2. Dust control of haul roads, excavation, work areas, and borrow areas. 3. Conformance with an approved erosion control plan. 4. Required treatment of Recipient's water during construction. Page 5 of 6 VARIOUS ITEMS The approved set of contract drawings should be furnished to the Recipient, A/E inspector, and to each contractor's supervisor or foreman. These drawings are to be marked up as authorized changes occur and are to be used in preparing as -built (record) drawings. These marked -up drawings shall be maintained and made available for review by State inspectors. 2. Prior to commencement of work, each contractor shall submit a "Construction Progress Schedule" (i.e. Bargraph, CPM, etc.) showing a breakdown of the principal features of construction with the contract costs. The schedule shall be prepared in such a way that the percentage of work completed and the work scheduled for completion at any given date may be determined. Also at the same time, each contractor shall submit an itemized breakdown that shall be the basis on which the contractor's monthly estimates and progress payments will be made. This office is requesting copies of these submittals upon authorization of the Recipient's engineer. 3. The Recipient and A/E should confirm that all required permits and encroachment agreements have been obtained, including COE 404 Wetlands Permit, COE Section 10 Navigable Waterways Permit, DENR Erosion Control Permit, DWQ Water Quality Certification, NCDOT and Railroad Encroachment Agreements, etc. 4. The Recipient and A/E should confirm that all addenda have been submitted for approval. 5. Addenda Approval: Addendum Number Date Received Date Approved 1 05/28/09 6/ 1 /09 2 05/28/09 6/ 1 /09 3 05/28/09 6/l/09 A Page 6 of 6 CONSTRUCTION GRANTS & LOANS CHANGE ORDER CHECKLIST The following checklist must be completed and all information must be submitted prior to approval. Incomplete submittals will not be reviewed. Owner Project Name Project No. _ Change Order No Contract No. Contractor Change Order Documents Two (2) copies of the properly executed change order (an unexecuted copy may be submitted for a'preliminary review, however all supporting documentation must be included); Federal and/or State Project numbers) shown on the change order; Clear description of each change; Detailed justification to identify the need for each change; Justification and documentation for any contract time extensions (Time extensions for weather should be for above average precipitation. The average number of days with precipitation greater than 0.10" for each month can be obtained from NOAA Report No. 20.) Copies of new or revised contract drawings and/or specifications for the change; Cost Documentation: The degree of cost. documentation required is directly proportional to the cost of the change. However, each of the following items should be addressed regardless of the cost: Engineer's independent cost estimate; Contractor's detailed cost breakdown for labor, material, equipment, tax, overhead, and profit; Copies of suppliers' invoices for major items; Memorandum of negotiation which documents the negotiation process and the basis for the final negotiated settlement NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality n :Fr .r.r. pyrm , Beverly Eaves Perdue Coleen H, Sullins I a a <e, Dee: Freemanl C' 4J. 11 Governor Director Secretary:-.._; ' August 10, 2009 Mr. Dave Canaan, Director of Water & Land Resources Mecklenburg County 700 North Tryon Street Charlotte, North Carolina 28202 Subject: Mecklenburg County AUG 18 2009 Torrence Creek Stream Restoration Approval of the Funding Application for American Recovery and Reinvestment Act of 2009 Project No. 2W370863-01 Dear Mr. Canaan: The subject project was submitted for funding under the American Recovery and Reinvestment Act of 2009 (ARRA). Some ARRA conditions are different than base Clean Water State Revolving Fund (CWSRF) projects — please carefully read this entire letter. The review for completeness and adequacy of the funding application including the project engineering report and construction documents submitted for consideration of funding under the ARRA has been concluded by the Construction Grants & Loans Section (Section) of the North Carolina Division of Water Quality. Therefore, said documents are hereby approved. A Detennination of Minor Construction Activities for the project is attached for your files. A loan offer will be transmitted to you separately, contingent upon our confirmation of approval by the Local Government Commission. Eligibility for Revolving Loan funding is determined as follows: Lligible Restoration of 17,000 feet of degraded stream channel and riparian buffer to include approximately 7,700 linear feet of Torrence Creek from McCoy Road to McDowell Creek and approximately 9,000 linear feet of Torrence Creek 'tributary #2 from I-77 to Torrence Creek near Bradford Hill Road in Huntersville, NC. 1633 Mail Service Center, Ralegh, North Carolina 27699-1633 One Location: 2728 Capital Blvd. Raleigh, North Carolina 27604 North Carol i na Phone: 919.733-69001 FAX: 919-715-62291 Customer Service: 1-877.623.6748 Internet: www.ncwaterquality.org Naturally Art Equal Opportunity L Affirmalive Action Employer Mr. Dave Canaan August 10, 2009 Page Two In the event that received bids exceed the amount established through the funding offer, and local funds are not adequate to award contract(s), it will be necessary to consider all alternatives including redesign, re -advertising, and rebidding. Please note that the specifications must include the special provisions of the ARRA (i.e., buyAmerican, Davis -Bacon wage requirements, job reporting) in addition to the regularly required SRF Special Conditions. Job reporting requirements have not been established by the US EPA at this time, but will likely include jobs created or retained, hours worked, type of jobs, etc. Attached is one (1) copy of the Project Bid Information (Authority to Award) which is to be completed after bids have been received, and submitted to Mr. Mark Hubbard P.E. Assistant Section Chief, Construction Grants and Loans Section by September 151h for review. Upon review and approval of this information, the Section will authorize the Recipient to award contracts. All elements required for a complete Bid Information package must be submitted to ensure a timelv review by the Section. The American Recovery and Reinvestment Act of 2009 requires expediency in contracting projects and, as such, contracts are expected to be executed by September 30, 2009. if these dates cannot be met, you must contact the Section with a detailed explanation and proposed alternative deadlines. Upon execution of contracts and issuance of Notice to Proceed, a bound set of contract documents must be submitted to the Section for approval. Funds cannot be dispersed until executed contracts are approved. While rejection of all bids is possible, such action may be taken only with prior Section concurrence, and only for good cause. In the event that progress on the approved ARRA CWSRF project is not made in accordance with the loan agreement, construction contracts, or other pertinent requirements reimbursements may be withheld or suspended indefinitely. Funds not requested for reimbursement in a timely manner may also be reallocated to other ARRA ready -to -go projects on the final State project list. Once the project costs are established, final awards may be adjusted downward in the case of low bids. Five percent contingency is included in the final amount to accommodate change orders and amendments to the engineering contract. In no case will awards be increased. Neither the State nor Federal Government, nor any of its departments, agencies or employees is or will be a party to the invitation to bids, addenda, any resulting contracts or contract negotiations/changes. Your project is subject to the one-year performance certification requirements. By this, you are required on the date one year after the completion of construction and initial operation of the subject treatment facilities, to certify, based on your consulting engineer's advisement, whether or not such treatment works meet the design performance, specifications and the permit conditions and effluent limitations. In accordance with the Federal Regulations, the Recipient is required to assure compliance with the OSHA safety regulations on the subject project. In complying with this regulatory responsibility, the Recipient should, by letter, invite the Bureau Chief, Education Training and Mr. Dave Canaan August 10, 2009 Page Three Technical Assistance Unit, NC OSHA Division, l 101 Mail Service Center, Raleigh, NC 27699- 1101 at (919) 807-2890, to participate in the Preconstruction Conference to assure that proper emphasis is given on understanding and adhering to the OSHA regulations. It is the responsibility of the Recipient and the Consulting Engineer to insure that the project plan documents are in compliance with Amended N. C. G. S. 133-3 (ratified July 13, 1993). The administrative review and approval of these plans and specifications, and any subsequent addenda or change order, do not imply approval of a restrictive specification for bidding purposes; nor is it an authorization for noncompetitive procurement actions. Any addenda to be issued for subject project plans and specifications must,be submitted by the Recipient for review/approval action by the Section. It is mandatory for project facilities to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Darn Safety Act. In addition, the specifications must clearly state what the contractors' responsibilities shall be in complying with these Acts. A goal of 8% of the contract price is established for Minority Business Enterprise (MBE) participation in this project, and a goal of 5% of the contract price is established for Women's Business Enterprise (WBE) participation in this project. The Recipient and Bidders shall make a good faith effort to assure that MBE's and WBE's are utilized, when possible, as sources of goods and services. The good faith effort must include the following affirmative steps. (a) including small, minority, and women's businesses on solicitation lists; (b) assuring that small, minority, and women's businesses are solicited whenever they are potential sources; (c) dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small, minority, and women's businesses; (d) establishing delivery schedules, and (e) using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. Please note that the solicitation efforts should include documentable follow-up phone calls. Documentation of good faith efforts must be submitted with the Bid Information package. The Recipient shall comply with the provisions of 40 CFR, Part 7, Subpart C - Discrimination Prohibited on the Basis of Handicap. Two (2) copies of any change order must be promptly submitted by the Recipient to the Section. If additional information is requested by the Section, a response is required within two (2) weeks, or the change order will be returned without further or final action. One (1) set of plans and specifications identical to the approved set must be available at the project site at all times. Upon completion of the project construction, the Recipient shall submit a letter confirming that the project has been constructed in accordance with the plans and specifications approved by the Section. "As -built" plans will need to be submitted with any changes clearly documented on the plans if the above confirmation cannot be made. Mr. Dave Canaan August 10, 2009 Page Four If there are any questions concerning this matter, please do not hesitate to contact Kim H. Colson, P.E. at (919) 715-6212 or Mark Hubbard, P.E. at (919) 7) 5-6224. Sincerely, ,& I�W � IS Daniel M. Blaisdell, P.E., Section Chief Construction Grants & Loans Section Attachments: Determination of Minimum Construction Activity Bid Information Form KHC:MM cc: William Wilhelm, P.E., Kimley Horn & Associates, Inc., 4651 Charlotte Park Dr., Suite 300, Charlotte, NC 28217 OSHA Bureau Chief, Anne Weaver DWQ Mooresville Regional Office Mark Hubbard, P.E. Jennifer Haynie CIG SRF Determination of Minor Construction Activity North Carolina Division of Water Quality Construction Grants and Loans Section Project Applicant: Mecklenburg County Date: July 29, 2009 Project Number: 2W370863-01 Estimated Project Cost: $ 3,179,076 Estimated Funding Amount: $ 2,576,000 Project Description: This project will restore approximately 17,000 linear feet (11.) of degraded stream channel and riparian buffer. This includes the establishment of small floodplain wetlands/BMPs. The project area consists of approximately 7,700 I.f. of Torrence Creek from McCoy Road to the confluence with the main channel (Torrence Creek) near Bradford Hill Road in I-luntersvi11e/Mecklenburg County, North Carolina. A mix of restoration approaches (Rosgen Priority I, I1, and 1I1) restoring pattern (where possible), profile, and dimension will be used for the entire reach along with some relocation. The above named applicant intends to apply for assistance from the State Revolving Fund program associated with the American Recovery and Reinvestment Act of 2009 to construct the wastewater facilities described above. The North Carolina Division of Water Quality (DWQ) has conducted a review of the project in accordance with the procedures (NCAC 15A Subchapter 1 C) for conformance with the North Carolina Environmental Policy Act. The DWQ has determined that this project is a minor construction activity, and that the preparation of additional environmental documents is not required. This determination shall become effective upon its distribution by DWQ. This determination can be revoked at any time adverse information is made available. The documentation to support this decision will be on file with the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Construction Grants and Loans Section, and is available for public review at www.nccgi.net. Comments concerning this decision may be addressed to Mr. Kim 1-1. Colson, P.E., Assistant Chief, Construction Grants and Loans Section, Division of Water Quality, 1633 Mail Service Center, Raleigh, North Carolina 27699-1633, or he may be reached by phone at (919) 715-6212. Sincerely, Daniel M. Blaisdell, P.E., Chief Construction Grants and Loans Section