HomeMy WebLinkAboutAgenda 06-16-2026; 8-f - Approval of a Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Grant Award – Lake Orange Spillway Channel Repairs, and Approval of Budget Amendment #12-C 1
ORD-2026-018
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2026
Action Agenda
Item No. 8-f
SUBJECT: Approval of a Natural Resources Conservation Service (NRCS) Emergency
Watershed Protection (EWP) Grant Award — Lake Orange Spillway Channel
Repairs, and Approval of Budget Amendment #12-C
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Notice of Award — Natural Resources Christopher Sandt, County
Conservation Service (NRCS) Emergency Engineer, 919-245-2583
Watershed Protection (EWP) Grant Cy Stober, Planning Director, 919-
2. Year-to-Date Budget Summary 245-2592
PURPOSE: To approve a Notice of Award of federal funds via a U.S. Department of Agriculture
(USDA) National Resources Conservation Service (NRCS) Emergency Watershed Protection
(EWP) grant for the design and construction of repairs to the Lake Orange emergency spillway
channel (hereafter the "project"), and to approve proposed Budget Amendment #12-C.
BACKGROUND: Orange County owns and operates Lake Orange. Lake Orange is a 150-acre
public water supply reservoir constructed in the late 1960s with County bond funds for use as a
public water supply source via the installation of a high-hazard earthen berm and concrete
spillway/channel across the East Fork of the Eno River within the Falls Lake watershed (Neuse
River Basin). As documented in legal agreements, the primary uses of Lake Orange are public
water supply and maintenance of minimum dry weather flows in the East Fork Eno River and
secondary uses include flood control and limited recreational activities.
On July 6, 2025, Tropical Storm Chantal caused acute structural damage to the Lake Orange
emergency spillway channel and a portion of the East Fork Eno River located immediately
downstream of the emergency spillway channel. During the storm, Lake Orange Road (a North
Carolina Department of Transportation (NCDOT) public right-of-way) was completely washed out
at the river crossing and Orange County residents were temporarily unable to access their
properties and homes for several days. The bridge crossing was replaced by NCDOT in late
2025, but the riverbanks along approximately 200 linear feet of the East Fork Eno River located
between Lake Orange Road and the emergency spillway channel remain damaged to date.
Current conditions include damaged chain link security fencing along the Lake Orange emergency
spillway channel, significant scouring/removal of earth and large trees along the riverbanks, and
deposition of natural and manmade debris within the East Fork Eno River. The hydraulic
efficiency of the emergency spillway channel is compromised, and this condition may hinder the
channel's ability to safely pass the water flows generated from significant rain events.
Additionally, the damaged riverbanks continue to erode during regular rain events causing local
water quality degradation within the Eno River.
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The project is needed to maintain Orange County's regulatory and legal agreements with the
North Carolina Department of Environmental Quality (NCDEQ), the Town of Hillsborough,
Orange-Alamance Water, Inc., and other parties to protect public water supply, ensure
appropriate flood control and minimum water releases, and ensure the long-term protection of
human life and property along the East Fork Eno River. The project is also needed to address an
imminent hazard of unstable riverbanks, damaged security fencing, and hydraulic restrictions to
emergency water releases from Lake Orange during heavy rain events due to accumulated
debris/trees within the spillway channel. The project is located entirely within the East Fork Eno
River's 100-year floodplain.
On August 5, 2025, Orange County staff submitted a financial assistance request to the EWP
grant program. Assistance was requested for funding the solicitation of qualified designers and
contractors to repair the unstable stream banks, repair the security fencing, and remove and
properly dispose of the accumulated debris/trees from the 100-year floodplain. On December 19,
2025, Orange County was notified by NRCS of a preliminary award. Orange County staff
subsequently submitted all of the required application paperwork to NRCS, and on April 27, 2026,
Orange County received a formal Notice of Award for the project (see Attachment 1).
Orange County financial policy requires the Board to formally accept grant funds prior to
expenditure. As such, staff is requesting that the Board approve the acceptance of these grant
funds for the purpose of designing, permitting, and constructing the necessary repairs to the Lake
Orange spillway channel. Staff anticipates that the grant funds will provide approximately two-
thirds of the total project cost; therefore the grant funds are a vital financing component.
Budget Amendment #12-C recognizes $127,613 in grant revenue and redirects $91,125 of the
Hillsborough National Pollutant Discharge Elimination System (NPDES) in matching grant funds
in the Multi-Year Grant Fund to cover the cost of these services and creates the following grant
project ordinance for a total appropriation of$218,738.
NRCS Grant($218,738) - Project# 71063
Revenues for this project:
Current FY 2025-26 FY 2025-26
FY 2025-26 Amendment Revised
Grant Revenue $0 $127,613 $127,613
NPDES Grant Match $0 $91,125 $91,125
Total Project Funding $0 j $218,738 1 $218,738
Appropriated for this project:
Current FY 2025-26 FY 2025-26
FY 2025-26 Amendment Revised
Project Expenditures $0 $218,738 $218,738
Total Costs $0 $218,738 $218,738
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NPDES Grant(-$91,125) - Project# 71060
Revenues for this project:
Current FY 2025-26 FY 2025-26
FY 2025-26 Amendment Revised
Grant Revenue $488,150 ($91,125) $397,025
Total Project Funding $488,150 ($91,125) $397,025
Appropriated for this project:
Current FY 2025-26 FY 2025-26
FY 2025-26 Amendment Revised
Project Expenditures $488,150 ($91,125) $397,025
Total Costs $488,150 ($91,125) $397,025
FINANCIAL IMPACT: The approval of Budget Amendment #12-C adds $127,613 in budget
authority in the Multi-Year Grant Fund, outside of the General Fund.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 6. Protect water supply/watersheds.
RECOMMENDATION(S): The Manager recommends that the Board accept the award of funds
from the USDA NRCS, authorize the Chair to execute the related Agreement, and approve Budget
Amendment #12-C.
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USDA
NRCS-ADS-093
U.S. Department of Agriculture
Natural Resources Conservation Service
NOTICE OF GRANT AND AGREEMENT AWARD
1. Award Identifying Number 2. Amendment Number 3. Award /Project Period 4. Type of award instrument:
NR264532XXXXC007 NRCS signature- 01/07/2027 Cooperative Agreement
5. Agency (Name and Address) 6. Recipient Organization (Name and Address)
ORANGE COUNTY NC
Natural Resources Conservation Service ORANGE COUNTY NC FINANCE &ADMINISTRATIVE
4407 Bland Road, Suite 117 SERVICES
Raleigh, NC 27609 HILLSBOROUGH NC 27278-8181
UEI Number/ DUNS Number: GFFMCW9XDA53/091575191
EIN:
7. NRCS Program Contact 8. NRCS Administrative 9. Recipient Program 10. Recipient Administrative
Contact Contact Contact
Name: JAMES KJELGAARD Name: Lori Baker Name: Christopher Sandt Name: Christopher Sandt
Phone: (919) 873-2130 Phone: (859)224-7360 Phone: (919)245-2583 Phone: (919)245-2583
Email:jim.kjelgaard@usda.gov Email: lori.baker@usda.gov Email: Email:
csandt@orangecountync.gov csandt@orangecountync.gov
11. CFDA 12. Authority 13. Type of Action 14. Program Director
10.923 33 U.S.C. 701b-1 New Agreement Name: Cy Stober
Phone: (919)245-2592
Email:
cstober@orangecountync.gov
15. Project Title/ Description: Emergency Watershed Protection in Orange Co NC. DSR 37_04_25_5046_001. Bank stabilization
along the Lake Orange Emergency Spillway due to Tropical Storm Chantal and Tropical Storm Helen.
16. Entity Type: B = County Government
17. Select Funding Type
Select funding type: �C Federal Non-Federal
Original funds total $127,612.50 $37,537.50
Additional funds total $0.00 $0.00
Grand total $127,612.50 $37,537.50
18. Approved Budget
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Personnel $0.00 Fringe Benefits $0.00
Travel $0.00 Equipment $0.00
Supplies $0.00 Contractual $0.00
Construction $112,612.50 Other $15,000.00
Total Direct Cost $127,612.50 Total Indirect Cost $0.00
Total Non-Federal Funds $37,537.50
Total Federal Funds Awarded $127,612.50
Total Approved Budget $165,150.00
This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this
award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to
act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all
attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any,
found by NRCS to have been overpaid, will be refunded or credited in full to NRCS.
Name and Title of Authorized
Government Representative Signature Date
KENNON A. WHITE,
Assistant Chief
Name and Title of Authorized
Recipient Representative Signature Date
JEAN HAMILTON,
Chair
NONDISCRIMINATION STATEMENT
The USDA's Non-Discrimination Statement is incorporated by reference and can be accessed at the following location: https://www.usda.gov/non-
discrimination-statement.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974(5 U.S.C. Section 522a).
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Statement of Work
Purpose
The purpose of this agreement is for the United States Department of Agriculture, Natural Resources Conservation
Service, hereinafter referred to as the "NRCS,"to provide technical and financial assistance to the Orange County,
hereinafter referred to as the "Sponsor,"for EWP Program Project Event No. 5046 in Orange County, North Carolina, for
implementation of recovery measures that if left undone, pose a risk to life and/or property.
Objectives
The design and installation of Emergency Watershed Protection (EWP) program measures as detailed in the individual
Damage Survey Reports (DSRs) and described below.
- DSR 37-04-25-5046-001 —Lake Orange Emergency Spillway- Clearing & Snagging/Bank Stabilization—Sponsor A/E
design - Orange County, NC
Budget Narrative
The official budget described below will be considered the total budget as last approved by the Federal awarding agency
for this award.
Amounts included in the Budget Narrative are estimates. Reimbursement will be based on actual expenditures not to
exceed the amount obligated.
Total Estimated Project Budget: $ 165,150.00
The budget includes:
Financial Assistance (FA) Costs:
Construction Costs (75% NRCS $112,612.50 + 25% Sponsor$37,537.50): $150,150.00
Technical Assistance (TA) Costs:
100% NRCS (--10% of total construction cost): $15,000.00
1. NRCS pays up to 75 percent of eligible construction costs and Sponsor pays 25 percent of construction costs. NRCS
will contribute up to —10 percent(or$15,000.00)of the total construction cost for administration and technical services. It
is possible that technical and administrative costs will exceed this amount, requiring the Sponsor to contribute resources
to complete technical and administrative work. Construction, administrative, and technical costs incurred prior to the
sponsor and NRCS signing this agreement are ineligible and will not be reimbursed, nor will such costs qualify as
Sponsor cost-share.
2. NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts: one account for
financial assistance (FA)and one for technical assistance (TA). FA costs are associated with construction activities; TA
costs are associated with services. These expenditures shall be accounted for separately for expenses to be eligible for
reimbursement.
3. NRCS will provide FA for actual costs as reimbursement to the Sponsor for approved on-the-ground construction
costs, subject to the limits listed. If costs are reduced, reimbursement will be reduced accordingly. Construction costs are
associated with the installation of the project measures including labor, equipment, and materials.
4. NRCS will provide TA reimbursement to the Sponsor for technical and administrative costs directly charged to the
project, subject to the limits listed. If costs are reduced, reimbursement will be reduced accordingly. These costs shall
include:
a. Engineering costs include, but are not limited to, site(s) planning activities, developing a project design that includes
construction drawings and specifications, an Operation and Maintenance Plan, a Quality Assurance/Inspection Plan, and
an engineer's estimate of the project installation costs in addition to providing necessary quality assurance during
construction.
b. Contract administration costs include, but are not limited to, soliciting, evaluating, awarding and administering
contracts for construction and engineering services, including project management, and verifying invoices and record
keeping.
5. The Sponsor will contribute funds toward the total construction costs in either direct cash expenditures, the value of
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non-cash materials or services, or in-kind contributions. I he value ot any in-Kind contribution shall e agreed to in writing
prior to implementation.
Responsibilities of the Parties:
SPONSOR RESPONSIBILITIES
If inconsistencies arise between the language in the Statement of Work (SOW) in the agreement and the General Terms
and Conditions, the language in the SOW takes precedence.
1. Perform the work and produce the deliverables as outlined in this SOW.
2. Comply with the applicable version of the General Terms and Conditions.
3. Accomplish construction of the EWP program project measures by contracting, in-kind construction services, or a
combination of both.
4. Provide NRCS with a Quality Assurance Plan that is to be reviewed/approved by NRCS representative prior to start of
construction.
5. Ensure and certify by signing this agreement that its cost-share obligation is from a non-Federal source or an
allowable federal source (i.e. certain Housing and Urban Development community block grants).
6. Acquire adequate real property rights (land and water) and acquire permits and licenses in accordance with local,
State, and Federal law as necessary for the installation of EWP program project measures at no cost to NRCS prior to
construction. This includes any rights associated with required environmental mitigation. Costs related to land rights and
permits are the Sponsor's responsibility and ineligible for reimbursement.
7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain, or their delay in
obtaining, adequate land and water rights, permits, and licenses needed for the project.
8. Provide the agreed-to portion of the actual, eligible, and approved construction cost. These costs may be in the form
of cash, in-kind construction services, or a combination of both. Final construction items that are eligible construction
costs will be agreed upon during the pre-design conference. These costs are amounts from contracts awarded to
contractors and eligible Sponsor in-kind construction costs for materials, labor, and equipment. The Sponsor shall
provide NRCS documentation to support all eligible construction costs. Construction costs incurred prior to the Sponsor
and NRCS signing this agreement are ineligible and will not be reimbursed, nor will such costs qualify as Sponsor cost-
share.
9. Be responsible for 100 percent of all ineligible construction costs and 100 percent of any unapproved upgrade to
increase the level of protection over and above that described in the DSR and the NRCS-approved plans and
specifications.
10. Account for and report FA and TA expenditures separately in order for expenses to be eligible for reimbursement.
NRCS funding for this project is provided to the Sponsor in two separate NRCS funding accounts, one for FA and one for
TA, requiring this separation. Separate itemization of FA and TA costs are required on form "Request for Advance or
Reimbursement" (form SF-270).
11. Must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees
engaged in the selection, award, and administration of contracts. No employee, officer, agent, or board member with a
real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by
the Federal award. A conflict of interest includes when the employee, officer, agent, or board member, any member of
their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated
herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract. An
employee, officer, agent, and board member of the Sponsor may neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors. Reference 2 CFR § 200.318 regarding standards of conduct covering conflicts of
interest and governing the performance of its employees engaged in the selection, award, and administration of
contracts.
12. For in-kind construction services (materials, labor, and/or equipment supplied by the Sponsor), develop a Plan of
Operations describing the construction services to be performed, including estimated quantities and values. The Plan of
Operations shall be concurred by NRCS during the pre-design conference. In-kind construction services for equipment
shall not exceed published FEMA equipment rates unless otherwise documented and concurred in advance by NRCS.
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13. The following documentation is required to support the Sponsor's request for reimbursement of in-kind construction
services.
a. Invoices covering actual costs of materials used in constructing the eligible EWP program project measures.
b. Records documenting the type, quality, and quantities of materials actually used in constructing the eligible EWP
program project measures.
c. Daily time records for each employee showing name, classification, wage rate, hours, and dates actually employed for
constructing the eligible EWP program project measures.
d. Equipment operating records showing the type and size of equipment, hourly rate, actual hours of operation and dates
used to install the eligible EWP program project measures. Equipment idle time is not eligible as in-kind construction
services, even if on the job site, and should not be included in the equipment operating records.
14. Sponsor and/or their representatives may initiate cultural resources reviews with NC State Historic Preservation
Office (NCSHPO) and relevant tribal historic preservation offices (THPOs). Sponsor shall provide those agencies with
NRCS cultural resources review forms and maps created for the proposed work. Sponsor representatives may assist
NCSHPO and THPO with preparing letters to the state conservationist. To the maximum practicable extent, letters
should validate the proposed work will have "no potential to cause effects" and include any special requirements for
compliance. The NRCS Cultural Resources Specialist will review cultural resource reports and letters. Sponsor shall
ensure that any special requirements for compliance with environmental and/or cultural resource laws are incorporated
into the project. Use caution during practice installation. Be aware of the possibility of partially or totally buried cultural
resources such as prehistoric canoes and historic boats, boat landings, Pomona tile/block structures, structural rock
features, or mill sites. If cultural resources are discovered inside the area of potential effect, Sponsor shall stop all
activities that may disturb the cultural resource and contact the local NRCS Government Representative, who will notify
the NRCS cultural resources specialist as soon as possible.
15. Must secure (at its own expense)all Federal, State, and local permits and licenses, and any necessary natural
resource rights required for completion of the work described in this agreement. Provide copies of all permits and
licenses obtained to NRCS.
16. Will arrange and pay for any necessary location, removal, or relocation of utilities. EWP program regulations prohibit
NRCS from reimbursing the Sponsor or otherwise paying for any such costs, nor do the costs qualify as a Sponsor cost-
share contribution.
17. Ensure that technical and conservation practice standards (CPSs) and specifications of NRCS are adhered to during
construction of the project as interpreted by the NRCS Program/Technical Contact for this agreement. Provide the NRCS
Program/Technical Contact monthly progress reports. Progress reports should include technical on-site inspections of
work accomplished for the period, work planned, results of material tests, deficient work products and/or tests with
corrective actions taken, modifications anticipated, technical problems encountered, contractual issues, and any other
relevant information.
18. Ensure that all contractors on NRCS-assisted projects are performing their work in accordance with OSHA
regulations and the Contract Work Hours and Safety Standards Act (40 USC 3701-3708)as supplemented by
Department of Labor regulations (29 CFR Part 5). The Sponsor is responsible for periodically checking the contractor's
compliance with safety requirements.
19. Provide design analysis, reports, construction drawings, and as-built drawings and quantities for the project(s) as
required in agreement. All reports and drawings shall have the relevant DSR number(s)on cover sheets and relevant
plan sheets. For structural CPSs (e.g. CPS 580—Streambank and Shoreline Stabilization), all design reports, drawings,
and as-built drawings will be sealed by a registered professional engineer(PE-sealed) and submitted to the NRCS
Program/Technical Contact with the statement"To the best of my professional knowledge,judgment and belief, this site
was constructed to meet the applicable NRCS standards" and the statement"Designed and installed EWP structures are
considered emergency measures and are not designed to provide permanent protection against future storm events"
next to the PE-seal &signature on the cover sheet(s). For non-structural CPSs (e.g. CPS 326—Clearing and Snagging)
planning documents, drawings, and as-built drawings will use or be identical to NC NRCS' CPS 326 requirements and
standard drawings as found on the state's Field Office Technical Guide (FOTG) and with all required information
completed, signed by sponsor and/or sponsor representative, and submitted to the NRCS Program/Technical Contact
with the statement"To the best of my professional knowledge,judgment and belief, this site was constructed to meet the
applicable NRCS standards" placed next to the planner signature on the cover sheet(s), and reviewed/approved by
NRCS as applicable.
20. A copy of the as-built drawings will be submitted to the NRCS Program/Technical Contact.
21. For payment requests, Sponsor shall notify NRCS Government Representatives) of completed work and schedule a
verification site visit. After NRCS work verification and documentation is complete, Sponsor shall provide a completed
"Request for Advance or Reimbursement" (form SF-270)with all documentation to support the request to the NRCS
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Hrogram/Technical Contact. Payments will be withheld until all required documentation is submitted and complete.
22. Ensure that information in the System for Award Management(SAM) is current and accurate until the final Federal
Financial Report (form SF-425) under this award or final payment is received, whichever is later. Payments will not be
processed during the time the SAM registration is expired. Processing will only occur when the SAM registration is
active.
23. Take reasonable and necessary actions to dispose of all contractual and administrative issues arising out of the
contract(s)awarded under this agreement. This includes, but is not limited to, disputes, claims, protests of award, source
evaluation, and litigation that may result from the project. Such actions will be at the expense of the Sponsor, including
any legal expenses. The Sponsor will advise, consult with, and obtain prior written occurrence of NRCS on any litigation
matters in which NRCS could have a financial interest.
24. Must indemnify and hold NRCS harmless to the extent permitted by State law for any costs, damages, claims,
liabilities, and judgements arising from past, present, and future acts or omissions of the Sponsor in connection with its
acquisition and management of the EWP program pursuant to this agreement. Further, the Sponsor agrees that NRCS
will have no responsibility for acts and omissions of the Sponsor, its agents, successors, assigns, employees,
contractors, or lessees in connection with the acquisition and management of the EWP program pursuant to this
agreement that result in violation of any laws and regulations that are now or that may in the future become applicable.
25. Retain all records dealing with the award and administration of the contract(s)for three years from the date of the
Sponsor's submission of the final request for reimbursement or until final audit findings have been resolved, whichever is
longer. If any litigation is started before the expiration of the three-year period, records are to the retained until the
litigation is resolved or the end of the three-year period, whichever is longer. Make such records available to the
Comptroller General of the United States or his or her duly authorized representative and accredited representatives of
the Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and
transcriptions.
26. Submit reports to the ezFedGrants system or the Farm Production and Conservation (FPAC) Grants and
Agreements Division via email to FPAC.BC.GAD@usda.gov as outlined in the applicable version of the General Terms
and Conditions.
FPAC Performance Reports: semi-annually
FPAC Financial Reports (form SF-425): semi-annually
NRCS RESPONSIBILITIES
1. For sites requiring contracted planning and engineering services, assist Sponsor in establishing design requirements
and parameters. Determine eligible construction costs during the pre-design conference.
2. Designate a Government Representative to serve as liaison with the Sponsor, verify and document all work completed
prior to payment requests, and identify that person's contact information with this fully signed and executed agreement.
3. For contracted planning and engineering services, review, comment, and concur in preliminary and final design
reports, plans, construction specifications, Operation and Maintenance (O&M) Plan, Plan of Operations (if required), and
Quality Assurance Plan (QAP).
4. Make periodic site visits during the installation of the EWP program project measures to review construction progress,
document conformance to engineering plans and specifications, and provide any necessary clarification on the
Sponsor's responsibilities.
5. Upon notification of the completion of the EWP program project measures, NRCS shall promptly review the
performance of the Sponsor to determine if the requirements of this agreement and fund expenditures as agreed have
been met.
6. Make payment to the Sponsor covering the NRCS share of the cost upon receipt and approval of form SF-270 and
supporting documentation including NRCS Government Representative verification and documentation. In the event
there are questions regarding the payment request package, NRCS will contact the Sponsor in a timely manner to
resolve concerns.
SPECIAL PROVISIONS
1. The furnishing of financial, administrative, and/or technical assistance above the original funding amount by NRCS is
contingent on there being sufficient unobligated and uncommitted funding in the EWP program that is available for
obligation in the year in which the assistance will be provided. NRCS may not make commitments in excess of funds
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authorized yaw or made administratively avai a e. Congress may impose obligational limits on program tunding that
constrains NRCS's ability to provide such assistance.
2. In the event of default of a construction contract awarded pursuant to this agreement, any additional funds properly
allocable as construction costs required to ensure completion of the job are to be provided in the same ration as
construction funds are contributed by the parties under the terms of this agreement. Any excess costs including interest
resulting from a judgment collected from the defaulting contractor, or his or her surety, will be prorated between the
Sponsor and NRCS in the same ratio as construction funds are contributed under the terms of the agreement.
3. Additional funds, including interest properly allocable as construction costs as determined by NRCS, required as a
result of decision of the contracting officer or a court judgment in favor of a claimant will be provided in the same ratio as
construction funds are contributed under the terms of this agreement. NRCS will not be obligated to contribute funds
under any agreement or commitment made by the Sponsor without prior concurrence of NRCS.
4. The NRCS State Conservationist may adjust the estimated cost to NRCS set forth in this agreement for constructing
the EWP program measures. Such adjustments may increase or decrease the amount of estimated funds that are
related to differences between such estimated cost and the amount of the awarded contract or to changes, differing site
conditions, quantity variations, or other actions taken under the provisions of the contract.
5. NRCS, at its sole discretion, may refuse to cost share should the Sponsor, in administering the contract, elect to
proceed without obtaining concurrence as outlined in this agreement.
6. Once the project is completed and all requests for reimbursement submitted, any excess funding remaining in the
agreement will be de-obligated from the agreement.
Expected Accomplishments and Deliverables
1. Prepare analysis, design, construction specifications, and drawings in accordance with standard engineering
principles that comply with NRCS programmatic requirements: contract/install the designed construction. All reports and
drawings shall have the DSR number(s) on cover sheets and relevant plan sheets. Any structural design services (e.g.
CPS 580—Streambank and Shoreline Stabilization)will be by a North Carolina professional registered engineer.
Sponsor will obtain NRCS review and concurrence on the design, construction plans, and specifications. Debris removal
plans (e.g. CPS 326—Clearing & Snagging)will be by a qualified individual. Sponsor will obtain NRCS review and
concurrence on the design, construction plans, and specifications. The Sponsor must ensure description of work is
reviewed, concurred, and approved by NRCS. The Sponsor must seek NRCS review for both the approximate 50%
design, as well as the 100% design documentation. A copy of the final signed and sealed plans and specifications shall
be provided to NRCS with the statement"To the best of my professional knowledge,judgment and belief, this site was
constructed to meet the applicable NRCS standards" on the cover sheet(s). Structural measures should include the
statement"Designed and installed EWP structures are considered emergency measures and are not designed to
provide permanent protection against future storm events".
2. Contract for services and construction in accordance with the Code of Federal Regulations (CFR), 2 CFR§ 200.317
through 200.327, applicable State regulations, and the Sponsor's procurement regulations, as appropriate. (See General
Terms and Conditions attached to this agreement for a link to the CFR.) In accordance with 2 CFR§ 200.327, contracts
must contain the applicable provisions described in Appendix II to Part 200. Davis-Bacon Act would not apply under this
Federal program legislation.
3. Provide copies of site maps and plans to appropriate Federal and State agencies for environmental review. Sponsor
will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as
copies of all permits, licenses, and other documents required by Federal, State, and Local statutes and ordinances prior
to solicitation for installation of the EWP program project measures. All modifications to the plans and specifications
shall be reviewed and concurred in by NRCS.
4. Prepare and submit for NRCS concurrence an Operation and Maintenance (O&M) Plan, if applicable, prior to
commence of work. The O&M Plan shall describe the activities the Sponsor will do to ensure the project performs as
designed. Upon completion of the project measures, the Sponsor shall assume responsibility for operation and
maintenance. If a private landowner is to take over O&M responsibilities, Sponsor& Landowner shall sign an O&M
agreement prepared by Sponsor legal team. Sponsor shall provide landowner with O&M guidelines, a copy of as-built
drawings, and note any deed/declaration requirements for the lands. Clearing & Snagging (Conservation Practice
Standard Code 326) projects do not require an O&M plan.
5. Prior to commencement of work and/or solicitation of bids, submit for NRCS review and concurrence a Quality
Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the EWP
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program project measures are installed in accordance with e plans and specifications, identify in ivi ua s with e
expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of
inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. A copy of the final
QAP shall be provided to NRCS prior to commencement of construction.
6. Provide construction inspection in accordance with the QAP.
7. Arrange for and conduct final inspection of completed project with NRCS to determine whether all work has been
performed in accordance with contractual requirements. For structural installations (e.g. CPS 580 bank stabilizations),
provide a PE certification that the project was installed in accordance with approved plans and specifications. For
clearing & snagging measures, provide sponsor certification with NRCS review/approval that the project was installed in
accordance with the approved plans and specifications. All reports and drawings shall have the DSR number(s) on cover
sheets and relevant plan sheets. The statements "To the best of my professional knowledge,judgment and belief, this
site was constructed to meet the applicable NRCS standards" and "Designed and installed EWP structures are
considered emergency measures and are not designed to provide permanent protection against future storm events"
should be included on the 100% design report, 100% design drawings, and as-built drawings.
Resources Required
See the Responsibilities of the Parties section for required resources, if applicable.
Milestones
Milestones shall include, but not limited to, the following items.
1. Attend post-award agreement meeting within 30 days of signing agreement.
2. Submit a schedule with milestones within 30 days of the post-award agreement meeting.
3. Begin submitting monthly EWP reports to NC NRCS on activities accomplished during the prior 30-days
4. Acquire real property rights, right-of-entry/hold-harmless agreements, and permits prior to start of construction.
5. Procure TA services as determined.
6. Complete engineering surveys, analysis, and design as applicable.
7. Submit preliminary planning/engineering designs, plans and specifications for NRCS review; approximately 50%
design.
8. Begin filing semi-annual reports with FPAC every 6 months.
9. Obtain permits from appropriate regulatory agencies.
10. Submit 100% planning/engineering designs, plans, and specifications for NRCS review.
11. Submit final sealed engineering structural designs, plans and specifications. For clearing and snagging operations,
submit sponsor-certified designs, plans, and specifications that have been approved by NRCS.
12. Submit quality assurance plan (QAP) prior to starting construction.
13. Submit operations and maintenance plan for structural measures. Clearing & Snagging projects do not require an
O&M plan.
14. Contract for FA services and construction.
15. Award construction contract(s).
16. Notify regulatory agencies as appropriate.
17. Manage construction contract and provide quality assurance as described in the QAP.
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18. Provide monthly progress reports.
19. Notify NRCS Government Representative to verity work completed prior to submitting reimbursement requests.
Submit reimbursement requests monthly or quarterly (every 3 months) based on the Sponsor's fiscal year.
20. Complete as-built drawings. Provide copies to NRCS and others as applicable.
21. Complete final construction inspection.
22. Submit final payment and closeout documentation within 120 calendar days after construction completion.
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GENERAL TERMS AND CONDITIONS
Please reference the below link(s)for the General Terms and Conditions pertaining to this award:
https://www.fpacbc.usda.gov/about/grants-and-agreements/award-terms-and-conditions/index.html
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Year-To-Date Budget Summary
Fiscal Year 2025-26
Fund Budget Summary Grants
Fund
Original Budget Revenue $283,500
Interfund Transfer Revenue $0
Fund Balance Appropiation $0
Total Original Budget $283,500
Additional Revenue Received Through
Budget Amendment#12-C (June 16th)
Grant Funds $1,431,792
Non Grant Funds $168,350
Additional Interfund Transfer Revenue $82,124
Additional Fund Balance Appropriation
Total Amended Budget $1,965,766
Dollar Change in 2025-26 Approved Budget $1,682,266
Change in 2025-26 Approved Budget 593.39%