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HomeMy WebLinkAboutOrdinance 5341 ORDINANCE NO. 5341 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING,CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS,the purpose of the attached Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center (WCRC) and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas;and WHEREAS,the WCRC is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities,and government;and WHEREAS, the City has successfully partnered with WCRC in the past to receive approximately$470,000.00 in federal grants for stream restoration and the City and WCRC are currently in discussions with federal grant agencies for approximately$890,000.00 in additional grant funds for stream restoration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Page 2 Ordinance No. 5341 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and WCRC to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpo int source,related issues. PASSED and APPROVED this 3rd day of August, 2014. APPROVED: ATTEST: By: By: &.4" '�-'- I ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer TR '''�i ��,...• S �i fit'. &1Y FAYETCEVILLE, %9s'9A'kA MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. A. PURPOSE The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design-based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This MOU is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and obtained a grant for the Restoration of a Tributary to Mud Creek, Fayetteville, AR. The project restored 1,200 feet of stream through Gulley Park and prevents an estimated minimum of 110,000 lbs/year of sediment from entering the stream system, resulting in 27 lbs/year of total phosphorus and 68 lbs/yr of total nitrogen reductions in the Illinois River basin. Additionally WCRC and the CITY OF FAYETTEVILLE formed partnerships for two current stream restoration projects which are also grant funded. The projects are summarized as follows: 1 Grant City of Total Project Grant Source Status Funding Fayetteville Project Funding Cost Restoration of a Tributary to U.S.LPA 319 Grant Mud Creek through ANRC complete g $121,000 $ 141,200 $262,200 Stream Restoration Environmental Demonstration at Niokaska Protection Agency current Creek in Sweetbriar Park Region 6 _ $234,000 $ 78,000 $317,000 Stream Restoration of the West Fork of the White River U.S.EPA 319 Grant (WFWR)adjacent to the through ANRC current Fayetteville Executive Airport $115,076 $ 86,812 $201,888 C. FEES AND PAYMENTS No fee is associated with this MOU As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee, and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been,or is to be,a significant change in scope,complexity or character of the services to be performed; or if the CITY OF FAYETTEVIL,LE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises,the parties agree as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non-point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council,as required by the City's procurement requirements,shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize,in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non-point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NI'S related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order E. THE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. t 2 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. ITIS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT: 1. FREEDOM OF INFORMATION ACT(FOIA). CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE,the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A. §25-19- 101 et.seq.)Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act(5 U.S.C.552). 2. MODIFICATION.Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope,cost or fees. 3. PARTICIPATION IN SIMILAR ACTIVTTIES. This instrument in no way restricts the WCRC or the CITY OF FAYETTF,VILLE from participating in similar activities with other public or private agencies,organizations,and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for three years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are: Sandi Formica,Executive Director Watershed Conservation Resource Centel- 380 enter380 West Rock Street Fayetteville,AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2.546 E-mail:were watershedconservatiou.or> Chris Brown,P.E.,City Engineer City of Fayetteville 113 W.Mountain Fayetteville,AR 72701 Phone: 479-575-8206 3 Fax: 479-575-8202 E-mail: cbrown(7a 61ayetteville.anus Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swrede ci.fa etteville.anus 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. Sandi J. Form a, Executive Director Date Watershed Conservation Resource Center t !�l d coil d Jordan, y Date City of Fayettevi Sondra E. Smith, City Clerk/Treasurer Date City of Fayetteville K/TRFq'['1%,, 060 r :FAYETTEVILLE: ANG TwN�'G',,` 4 City of Fayetteville Staff Review Form City Council Agenda Items or Contracts August 3, 2010 City Council Meeting Date Sarah Wrede Engineering Development Services Submitted By Division Department Action Required: An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. $ - nla nla Cost of this request Category I Project Budget Program Category 1 Project Name nla nla nla Account Number Funds Used to Date Program 1 Project Category Name nla nla nla Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached n�hltjkyoln Previous Ordinance or Resolution il- nt D # Departmector ate'— / Original Contract Date: Original Contract Number: itorney Date a, '7 -6-1bIc) Received in City Clerk's Office Finan and Interna Service Director Date 07-16-1 0 PO4 : 00 RCVD vorr�& ff / Date� Received in Mayor's Office EN to Comments: eMile THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE Tve E ARKANSAS CITY COUNCIL AGENDA MEMO Council Meeting of August 3,2010 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer i,�6 From: Sarah Wrede, Staff Engineer Date: July 15, 2010 Subject: An ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. PROPOSAL The purpose of this Memorandum of Understanding (MOU) is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to l) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source(NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design-based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. The City has successfully partnered with WCRC to receive approximately $470,000 in federal grants for stream restoration and is in discussions with federal grant agencies for approximately $890,000 additional grant funds for stream restoration. WCRC has been instrumental in securing these funds due to their relationships with Federal grant agencies and their proven track record of successful stream restoration projects. This MOU will establish a partnership between the City and WCRC whereby the WCRC will actively seek grant funding for stream restoration projects in the City of Fayetteville, and will allow the City the opportunity to quickly take advantage of opportunities identified. The MOU is effective for a period of three years. RECOMMENDATION Staff recommends approval of an ordinance to waive competitive bidding and to enter into a Memorandum of Understanding with the Watershed Conservation Resource Center to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. BUDGET IMPACT The proposed agreement will cause no budget impact. As tasks are identified, a Task Order, with associated fee,will be developed for approval by the Mayor and City Council. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS,the purpose of the attached Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center(WCRC)and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas;and WHEREAS,the WCRC is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach,environmental outreach,and providing planning and technical assistance to landowners,communities,and government;and WHEREAS, the City has successfully partnered with WCRC in the past to receive approximately$470,000.00 in federal grants for stream restoration and the City and WCRC are currently in discussions with federal grant agencies for approximately$890,000.00 in additional grant funds for stream restoration. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and WCRC to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source related issues. PASSED and APPROVED this 3rd day of August,2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer WCRC Statement of Qualifications About the Watershed Conservation Resource Center The Watershed Conservation Resource Center is a non-profit organization whose mission is "to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. " The co-founders and principals of the Watershed Conservation Resource Center, Sandi J. Formica and Mathew Van Eps have extensive backgrounds and are leading regional experts in watershed management, watershed assessment, stream stability analysis, natural channel restoration design and the utilization of GIS for inventory and evaluation of natural resource condition. The Watershed Conservation Resource Center provides specialized assistance concerning watershed resource issues to a variety of organizations including; watershed groups; local, state and federal governments; non-profit organizations; conservation districts; and other entities that request assistance. The staff has a broad range of experience with the watershed approach and has spent many years working throughout Arkansas on a variety of watershed issues. The WCRC is located in Fayetteville, Arkansas and has a staff of five. The Watershed Conservation Resource " Center is engaged in several watershed assessment and stream restoration , projects. At this time, the WCRC has =`� ,,. � received funding for the design of three stream restoration projects in '"'` northwest Arkansas, two of which are on the West Fork of the White River. The WCRC is currently engaged in projects that assess stream stability and include measurement of lateral erosion rates for developing streambank erosion prediction curves for various fluvial systems in Arkansas. WCRC staff has provided technical assistance and . y recommendations to state and federal natural resource agencies regarding streambank stabilization projects in Arkansas. The WCRC is in the process of completing an USDA grant, to develop with a host of government entities,NGOs, and landowners a project plan for the restoration of unstable reaches on the West Fork White River, in Northwest Arkansas. This project includes collecting field data to develop a restoration design for priority reaches along with introducing natural channel restoration design concepts to state and federal programs. The staff of the WCRC has tremendous experience in project team coordination and working in a team oriented environment composed of various natural resource agencies from federal, state, and local levels along with Iandowners and non-government entities. The WCRC has also developed a regional training program and assists with the development and teaching of watershed based training courses that are attended by environmental professionals from around the country. 1 WCRC Credentials 0 WCRC Statement of Qualifications ■ Restoration of a Tributary to Mud Creek, Fayetteville, AR Funding Source: U.S. EPA 319 Grant through ANRC and City of Fayetteville The WCRC was responsible for the design and implementation of a stream restoration project for a 1,200 ft section of stream that travels through an urban city park in Fayetteville, AR. Lateral erosion of streambanks in the park generated excessive amounts of sediment that was delivered to the Illinois River watershed. Also, the eroding streambanks posed safety hazards for park users and were encroaching on park infrastructure. The WCRC partnered with the City of Fayetteville(City) and obtained a U.S. Environmental Protection Agency(EPA) Section 319 grant administered through the Arkansas Natural Resources Commission (ANRC) to provide professional services to restore this unstable stream reach. The City provided matching funds for the project. A restoration design utilizing a natural channel design approach based on data from local reference reaches was developed and implemented by WCRC staff. The restoration was designed to minimize erosion, reduce sediment loads to the system, and enhance the aquatic habitat of the stream. The WCRC obtained all required permits and coordinated all implementation activities which include partnering with the most skilled restoration contractor in the nation to build the designed stream restoration and procurement of construction materials to be used that suit the City's aesthetic requirements. The design included a re- vegetation plan which involved planting 4,500 native plants to enhanced stream stability and the local ecosystem,while being aesthetically pleasing to park users. Since the restoration construction was completed in late August 2008, three major storm events have occurred at the site including tropical storm Ike which resulted in three times the design flow. The stream restoration remained effective through each of the events and it is estimated that the project prevents a minimum of 100,000 lbs/year of sediment from entering the stream system, while protecting park infrastructure. The WCRC continues to monitor the site to ensure that the restoration remains successful into the future and to provide guidance to the City for any maintenance that may be required. The proposed cost of this project was$262,000 and the actual cost was $262,000. The project was completed within the proposed timeframe. Mid-South Watershed Training Program Funding Source: U.S. EPA National Grant The"Mid-South Watershed Training Program" (MSWTP) is a three year project funded by the EPA, in which a regional watershed training curriculum has been developed by the WCRC to provide the education and technical tools needed for environmental professionals, watershed coordinators, and watershed stakeholders to understand and apply the watershed approach as a means to conserve, restore, and protect natural resources. A series of intensive training courses are being offered, that provide sound, scientific methods for identifying sources and causes of NPS pollution; estimating contaminant loads; identifying BMPs and developing restoration strategies; estimating contaminant load reductions and costs; and performing planning, outreach, and long-range monitoring. The training courses provide the technical tools needed for developing comprehensive watershed plans that include the `nine elements' listed in the National NPS Guidelines, and it benefits watersheds that cross both State and EPA region boundaries by providing courses that focus on regional land use and water quality issues. The MSWTP's target audience is environmental professionals from Arkansas, Missouri, and Oklahoma; where there are shared watersheds with some shared U.S. EPA regions. This regionally based program has provided the watershed management education opportunities to cultivate the ability of all levels of government to develop and implement comprehensive watershed programs. Course instructors range from local experts to internationally recognized environmental professionals. The WCRC has several project partners including Wildland Hydrology, TNC, Upper White River Foundation, University of Arkansas, USDA ARS, Audubon,U.S. EPA and Oklahoma State University. 40 WCRC Credentials - WCRC Statement of Qualifications ■ Sediment and Nutrient Evaluation of Blossom Way Branch, Rogers, Arkansas Funding Source: U.S. EPA 319 Grant through ANRC and City of Rogers As part of a larger EPA 319 project, the City of Rogers(City) contracted with the WCRC to assess watershed conditions for sediment and nutrients and evaluate streambank erosion occurring in the Blossom Way watershed, a rapidly urbanizing watershed within the Illinois River basin. As part of this project, the WCRC conducted a detailed land use analysis using"heads-up" digitizing. The results of the land-use analysis were used to determine impervious surfaces and to estimate sediment and nutrient loads. The WCRC also developed streambank erosion prediction curves for the Osage Creek watershed. This included evaluating in the field over 400 streambanks; measuring erosion rates for approximately selected streambanks; and sampling bank materials to determine particle size distributions. The streambank erosion prediction curves were used to estimate sediment and phosphorus loads from eroding streambanks and load reductions that would be achieved from stream restoration projects. The WCRC also identified sources of nutrient and sediment from the various land uses in the Blossom Way watershed. Load contributions from sources were estimated using GIS data, other available data, published export coefficients, and simple to complex models or relationships. The results of this project will be used by the City to help with urban planning that promotes aesthetically pleasing greenways; excellent water quality; and preservation and restoration of habitat. The proposed cost for this work was$87,000 and the actual cost was $87,000. The project was completed on time within the proposed timeframe. West Fork White River Watershed — Restoration of Priority Reaches Project Plan, Northwest Arkansas Funding Source: USDA NRCS Grant through Conservation Partnership Initiative National Competition and In-kind Matching Funds from Project Partners The WCRC and local partners received a grant to develop a locally based plan to reduce accelerated streambank erosion in the West Fork watershed. Within the West Fork White River(WFWR) watershed, an ADEQ assessment estimated that accelerated streambank erosion contributed 66%of an average sediment load of 35,795 tons/yr for the system and that one 0.7 mile reach contributed 25% of the streambank erosion load (Formica, et. al, 2004). Streambank erosion at a watershed scale was evaluated by developing and applying a prioritization method to the WFWR. The results of this project will be used in the watershed planning process to identify areas for restoration that will result in a significant sediment reduction and maximized habitat restoration. Based on field data and GIS analysis, twenty nine reaches were identified as needing restoration and were prioritized based upon criteria related to channel instability, sediment and nutrient contributions, and potential for success. The project also included seeking funding sources and community outreach. A demonstration restoration design using natural channel design techniques is in the process of being developed for one high priority site. Funding for this project is provided through a USDA Natural Resource Conservation Service "Conservation Partnership Initiative"grant. This project is ongoing, the project is on budget as established in the original work proposal. Restoration of West Fork White River, Northwest Arkansas Funding Source: U.S. EPA 319 Grant through ANRC and In-Kind Matching Funds from Project Partners The WCRC with several local partners was awarded an EPA 319 grant from the Arkansas Natural Resources Commission to develop and implement a stream restoration design for an unstable reach on the West Fork White River(WFWR) in northwest Arkansas. The reach of river that was restored was 40 WCRC Credentials - WCRC Statement of Qualifications exhibiting signs of severe lateral streambank erosion and contributed over 1,400 tons of sediment per year. The WCRC utilized a natural channel design approach to restore the impacted reach. The restoration reduced streambank erosion and sediment loads to the WFWR, which is a major tributary within the Beaver Lake watershed, northwest Arkansas' primary drinking water source. The restoration also enhances the aquatic and terrestrial habitat of the stream system. Prior to restoration, the WCRC measured lateral streambank erosion to provide baseline data for evaluating the success of the project. Additionally, the WCRC used a portion of the grant funding to update regional curves that are used to assess stream channel dimensions at un-gaged stream sites. The contributing watershed area at the restoration site is approximately 18 mil. The length of the restoration reach was approximately 1,600 linear feet and involved coordination with three different landowners. Implementation of the restoration plan began in April of 2009 and was completed in September 2009. The WCRC was responsible for data collection, design development, acquisition of required permits, and all phases of implementation. The WCRC continues to monitor the site to ensure long-term success of the project by providing maintenance guidance to the affected landowner. This project was completed on time and within the budget established at the time the grant was initiated. Assessment of Off Highway Vehicle (OHV) Trails in the Cove Creek Watershed, Lee Creek, Northwest Arkansas Funding Source: U.S. EPA 319 Grant through ANRC and In -Kind Matching Funds from Project Partners The WCRC partnered with the USDA Forest Service, Arkansas Game & Fish Commission, and the City of Fort Smith evaluates OHV trails and Best Management Practices (BMPs) to reduce sediment and habitat destruction for an area within the Lee Creek watershed. An assessment of the project area will provide information to identify restoration opportunities, recommend BMPs, water quality monitoring, and identify locations for stream bank and riparian restoration activities to be conducted. The WCRC is providing overall project management. Also, the WCRC has inventoried and mapped the existing roads, trails and nonpoint source areas of concern, within the project area. Specific areas were identified for targeting BMP applications, restoration practices, and identifying monitoring locations. The WCRC is monitoring impacts by evaluating the extent of soil erosion and the WEPP Roads model is being used to determine the magnitude of erosion expected from the current conditions that exist in the project area and compare it to the desired condition of the project area. The project is being funded through an EPA 319 grant along with matching funds from project partners. Non Point Source Pollution (NPS) City of Fayetteville Phosphorus Reduction Plan Funding Source: Geosyntec Consultants (City of Fayetteville) The WCRC worked with a team of experts to develop a Phosphorus Reduction Plan for non -point source pollution for the City of Fayetteville. The WCRC's responsibility on this project included working with City staff to develop a stakeholder group to participate in the plan development and provide input. The WCRC developed two projects that where recommended to be funded by the stakeholder group. Implementation of these projects reduces phosphorus loads to the Beaver Lake Watershed and included using pasture renovation to increase rain water infiltration of pasture and other open spaces within the City and a stream restoration project that will reduce phosphorus contributions of over 400 lbs annually. The work was completed within the budget. iWCRC Credentials WCRC Statement of Qualifications Geospatial Inventory and Assessment of Sediment from Unpaved Roads, Strawberry and Kings River Watersheds, AR Funding Source: The Nature Conservancy The WCRC partnered with the Nature Conservancy Arkansas Field Office (TNC) to evaluate unpaved roads in two rural watersheds in the Ozark Mountain Physiographic region. The WCRC evaluated 80 miles of unpaved roads in the North Big Creek watershed (a sub -watershed of the Strawberry River) and 60 miles in the Dry Fork Creek watershed (a sub -watershed of the Kings River). The project included two primary elements: 1) development of a GIS based inventory of unpaved road conditions and 2) estimation of sediment loads from unpaved roads entering the stream network using the U.S. Forest Service Water Erosion Prediction Project (WEPP) road model. Employing mobile GIS technology, the WCRC and TNC collected information that allowed the team to evaluate road conditions and identify road sections that were in the greatest need of implementation of BMPs to reduce sediment delivery to the stream network. The data was also used to generate maps to present findings to county road maintenance supervisors. Utilizing the data collected during the GIS inventory, the sediment load generated by the unpaved road network was estimated using the WEPP road model. Detailed information was collected for randomly selected road sections to create input data into the model. Based on the results of the modeled road sections, delivery coefficients were developed and sediment loads entering the stream network were estimated. The proposed cost for this work was $30,000 and the actual cost was $30,000. The work was completed on time based on the schedule established in the original work agreement. Review of Existing Watershed Assessment Data for Bayou Bartholomew & Erosion Inventory on a Sub -Basin, South Arkansas Funding Source: Winrock International (U.S. EPA Watershed Initiative Grant) The WCRC was awarded a sub -contract from Winrock International for an assessment of a sub - watershed to Bayou Bartholomew. The work was funded as part of a Targeted Watershed Grant awarded by the EPA. Deep Bayou, a subwatershed in Bayou Bartholomew watershed, was selected for evaluation. Data and other information indicate that Deep Bayou generates a high annual sediment load and there is high average concentration of sediment. The existing data was evaluated and additional data was collected to serve as the basis of a water quality improvement plan that will reduce sedimentation. Streambank erosion was evaluated as a source of sediment within Deep Bayou. Bank erosion potential (bank erosion hazard index — BEHI and near bank shear stress - NBSS) was evaluated using a qualitative method that included parameters such as bank angle, bank height ratio, rooting depth, root density and bank protection. 14 miles of stream have been inventoried to determine streambank erosion potential. Streambanks that exhibited erosion potential of the highest qualitative categories were inventoried utilizing GPS, so that the streambanks with a high erosion potential could be mapped. By mapping these eroding streambanks, potential restoration sites were identified increasing the probability of restoration and sediment reduction. The proposed cost of this project was $50,000 and the actual cost was $50,000. This work was completed on time according to the proposed schedule established in the original contract. WCRC Credentials Resume: Sandi J. Formica Resume: Sandi J. Formica Ms. Formica is the co-founder and executive director of the Watershed Conservation Resource Center. She has a proven administrative ability in the development, implementation and management of environmental programs; supervision and evaluation of professional staff; grant development, writing and budgeting; and establishment of working relationships with a variety of government agencies, industries and the public. Demonstrated technical expertise of the watershed management approach; sediment and nutrient watershed assessment; nonpoint and point source pollution; development, execution and management of special environmental projects; data evaluation and interpretation; animal -waste management system design and BMPs; identification of effective best management practices; water quality monitoring; pollution prevention; and environmental chemical processes. Experienced and knowledgeable in fluvial geomorphology, stream stability and restoration; environmental model development and assessment; TMDL development and implementation; chemical analysis; environmental regulations; NPDES and state permitting; and technical report writing. Ms. Formica has special skills of effectively communicating scientific/engineering data and natural environmental processes to non -technical people and coordinating stakeholders to resolve environmental issues. She has created the Mid -south Watershed Training Program, which has been providing training courses instrumental to watershed management to environmental professional throughout the country since 2005. Instrumental in implementing the watershed approach in Arkansas by working directly with local communities and natural resource agencies. Principal Investigator on several applied research projects including watershed assessments which include data inventories, pollutant load estimates, source identification and prioritization, development of potential solutions, and watershed monitoring; evaluation of waste management systems and BMP implementation in protecting water, soil, and air quality; and development of local, volunteer -based programs which share resources to provide improved manure handling and utilization to minimize impact to environment and costs to farmers. DETAILED EXPERIENCE Executive Director (December 2004 to Present), Watershed Conservation Resource Center (WCRC), Little Rock, AR. Oversee and manages newly formed environmental non-profit organization. Responsible for project design; grant writing; developing budgets; providing technical assistance; and carrying -out watershed based projects. Current projects include a regional watershed education program for environmental Watershed Conservation Resource Center Executive Director Years of Experience Twenty-seven Education M.S., 1984, Chemical Engineering. University of Arkansas, Fayetteville, AR. B.S., 1982, with Honors. Chemical Engineering, University of Arkansas, Fayetteville, AR Special Recognition Partnership for Environmental Excellence Award EPA Region VI (Project Manager & Co -Principle Investigator for 319 Projects conducted in Buffalo River watershed) Synergistic Activities 2000- 2004; chair, Arkansas Watershed Advisory Group (AWAG): Initiated and help developed this multi -agency & organization working group that assists watershed partnerships in Arkansas 2002 and 2004; co-chair and chair, AWAG Watershed Conference: Developed, organized, and carried -out two state watershed conferences which focused on environmental training and education October 2004; Arkansas Geomorphology Assessment Group: Initiated the forming of this group of professionals to encourage collaboration on assessment techniques and projects in Arkansas 1992-2009; instructor, presenter, & coordinator, Environmental Outreach: Throughout Arkansas, has developed presentations and training materials along with coordinating meetings & training on watershed management. BMPs, and assessment Employment History Watershed Conservation Resource Center, December 2004 to present. Arkansas Department of Environmental Quality, 1992 to 2004 FIN Associates, LTD., 1989 to 1992 Aluminum Company of America, 1989 St. Catherine's Indian School, 1986 to 1988 Badische Corporation, 1984 to 1985 University of Arkansas, Chemical Engineering Department, 1982 to 1984 WCRC Credentials - Sandi J. Formica professionals; unpaved road survey and sediment evaluation; stream bank erosion evaluation and prioritization; stream restoration design and implementation; and watershed sediment source and load estimate evaluation. Environmental Preservation Division Chief (May 2001 to Watershed Conservation Resource Center Executive Director Selected Publications: December 2004), Arkansas Department of Environmental Quality, Little Rock, AR. S.J. Formica, M.A. Van Eps, M.A. Nelson, A.S. Managed non -regulatory, technically -based Division of 11 Cotter, T.L. Morris, J.M. Beck. West Fork White River Watershed - Sediment Source Inventory employees with an annual budget of $1 million. The Division and Evaluation." Proceedings from ASAE consisted of three sections, Environmental Projects, Conference "Self -Sustaining Solutions for Streams, Wetlands, and Watersheds," held Environmental Outreach, and Program Development. Programs September 12-15, 2004, St. Paul, MN. and projects from these sections include applied research on M.A. Van Eps, S.J. Formica, T.L. Morris, J.M. effectiveness of best managementpractices at confined animal g Beck, aA.S. Cotter. "Using a Bank AErnnual Hazard Index (BEHI) to Estimate Annual operations; watershed assessments which include evaluations of Sediment Loads from Stream bank Erosion in the stability; development and implementation of watershed p p oct Fork River enctershed- Wstream Proceedings from ASAE Conference "Self - approach which includes providing both planning and technical Sustaining Solutions for Streams, Wetlands, and assistance to watershed groups; providing water quality training g p Watersheds," held September 12 15, 2004, St. i Paul, MN. to both high school teachers and students statewide; and the Brye, K.R., T.L. Moms, D.M. Miller, S.J. Formica, development of an agency pollution prevention program. All M.A. Van Eps. 2004. "Estimating Bulk Density in programs and projects emphasize implementation, education, Vertically Exposed Stoney Alluvium Using a and awareness. Over 9000 public contacts were made in 2002 Modified Excavation Method." Journal of Environmental Quality. In Press. from Division technical transfer workshops, information Formica, S.J.; Giese, J.; Kresse, T.M.; Morris, T.; meetings, presentations, poster sessions, organizational and Van Eps, M.A. 2001. "Using Data, meetings, andpublic outreach events. g � Communication, ineteManagement and Education in tthe to improve Swine Waste the Buffalo River Watershed." Published in the proceedings of the Support Manager (January 1999 to April 2001), g pp g p 2Program ms."Souto Pollution � National Conference, "Nonpoint Programs," Information & Education Programs," to Arkansas Department of Environmental Quality, Little be held May 15-17, Chicago, IL. Rock, AR. Section Manager for the Watershed and Formica, S.J.; Anderson, W.M.; Van Eps, M.A.; Technical Support Section (WTSS) of the Environmental PP "A Moms, it and Srivastava, HandlingPuneand . Utilizing Community Approach to Utilizing Preservation Division. Dairy Manure in the Buffalo River Watershed." Responsible for the development, management, and � p g Published orin the pr, and f the Natural Resource, Agriculture, and Engineering Service, administration of the WTSS program to 1) provided technical "Dairy Manure Systems: Equipment and expertise and planning through proactive environmental projects Technology," held March 20-22, Rochester, NY. that investigate both the environmental and economic benefits g Formica, S.J.; Giese, J.; Kresse, T.M.; Morris, T.; Van Eps, M.A.; and Anderson, W.M. 2001. of potential solutions and 2) developed and implement state "Buffalo National River Watershed: Partnerships watershed strategies which focus on voluntary participation, to Improve Swine Waste Management." EPA Section 319 Success Stories, Vol. 3. local stakeholder involvement, and identifying viable solutions. Coordinated, supervised and evaluated the WTSS professional Srivastava, Puneet; Formica, S.J,; and Van Eps, M.A. 2001. "A Watershed Approach to Assess staff of five engineers and scientists. Secured funding for special the West Fork of the White River." Abstract projects including approximately two million dollars of published in the proceedings of Arkansas Water Resource Center, "TMDL and Related Water environmental grant monies to help improve and protect the Quality Issues Conference" held April 3-4, state's natural resources. Represented the ADEQ on several Fayetteville, AR. state environmental task force committees and has developed h Pote, MD.H.; Reed, B. Edwards, Daniel, T.C.: Nichols, D.J.; Moore, P.A., Jr.; D.R.; and Formica, two committees to address swine and dairy manure management S.J. 2001. 'Water -Quality Effects of Infiltration issues. Coordinated with other ADEQ divisions, state and Rate and Manure Application Rate for Soils il Soil and Receiving Swine Manure." Journal So federal agencies, universities, citizens and other groups to Water Conservation, Vol. 56, Not. WCRC Credentials Sandi J. Formica address environmental issues and, specifically, initiated and chairs the Arkansas Watershed Advisory Group whose mission is "to assist interested citizens and organizations by promoting local voluntary approaches to watershed management and conservation." Developed and coordinates information workshops to provide an avenue of education and Watershed Conservation Resource Center Executive Director Selected Publications: communication between government agencies, scientists and the Funkhouser, J., Little, P., Brahana, V., Kresse, T., public. Principal investigator, project manager, and technical Anderson, M., Formica, S.J., and Huetter, T. expert for five nonpoint source pollution projects which involve 1999. "Methodology to Study the Effects of Animal production in Mantled Karst Aquifers of watershed assessment; evaluation of waste management systems the Southern Ozarks." Proceedings from the and BMPs in protecting water, soil and air quality; q y, AWRA Annual Summer Specialty Conference, "Science Into Policy: Water in the Public implementation of BMPs through education, training, Realm Wildland Hydrology" held June 30 - July community programs and cost -share assistance; and 2, Bozeman, Montana. coordination of project technical teams, participants, and Van Eps, M.A.; Formica, S.J.; Kresse, T.M.; Czarnomski, A.; Morris, T.; VanSchaik, E.; stakeholders. Developed new special projects and programs to Giese, J. 1998. "Survey of Arkansas Swine address environmental concerns. Provides technical and Liquid Waste Systems." Proceedings from "International Conference on Agricultural planning expertise to other divisions, government agencies, Engineering" held in Oslo, Norway. Paper No. farmers, conservation districts and industries. Projects have 98-E-017. (presentation by Formica) been recognized locally, regionally, and nationally for their Formica, VanSchaik, ' E 11996. Kresse, AReviewTM., Morris, oExisting technical integrity and success in partnership building among Liquid Waste Management Systems at Confined stakeholders. Swine Farms and their Effectiveness in Protecting Water Quality." Proceedings from the 9th Annual AWRAIAGWA Symposium. Little Engineer 11 and Project Manager (November 1994 to Rock, AR. (presentation by Formica) December 1998), Arkansas Department of Pollution Control Kresse, T.M., VanSchaik, E., Formica, S.J., and "Ground Moms T. 1996. Water Quality from and Ecology, Little Rock, AR. Confined Swine Operations." Proceedings from Environmental Preservation Division: Responsible for the the Conference on Diversity of Arkansas Water development and management of a proactive technical support Resource Research. Arkansas Water Resources Center Publication No. MSC -195, p.30-36 group focusing on solving environmental problems through Formica, S.J., Giese J.,Kresse, T.M., Morris, T. investigating the environmental and economic benefits of April, 18-20, 1995. "Nonpoint Source Watershed potential solutions. Managed nonpoint sourcepollution projects g p p .J Proceedses in the Buffalo River Watersheds Proceedings from U.S. EPA Watershed Success ($1.8 million) in which animal -waste management practices are in Region 6, Part 1, p. 251-255. evaluated for their effectiveness in protecting water quality and Gross, M.A.; S.J. Formica: L.C. Gandy and J. � technical assistance to individuals, industries, and s1991. "A Comparisn of Local Waste Hestprovides Materials for Sulfate Reducing Wetland Materials agency personnel. Coordinated with all state, federal, and/or Substrate." Proceedings from Constructed private agencies involved in nonpoint source projects. Provides Wetlands for Water Quality Improvement, An International Symposium, Oct. 21-24, technical support to projects by performing the following: Pensacola, Fl. 1) Reviewed and evaluates existing waste management systems Gandy, L.C.; S.J. Formica and M.A. Gross. 1991. and designs, current waste management practices, and water "An Evaluation of Vertical Flow Sulfate Reducing Wetlands to Treat Low pH, Low Sulfate Acid quality data. Mine Drainage Using Column Experiments." 2) Developed water quality sampling plans, performs water Proceedings from XII Annual National quality evaluations, and assists with water quality modeling. Symposium on Mining, p. 81-93. Recruits funds to support the technical group and supervises two pp p and Le Formica, S.J.; J.A. CB L.T. Transport Tsinto Valsaraj. 1988. PCB into Lake project field personnel and one engineer. Initiated the expansion Sediments; Conceptual Model and Laboratory of this group to include watershed management planning and g Simulation. Env. Science and Tech., Vol. 22, No. 12, p. 1435. modeling. Kresse, T.M.;L.J. Thibodeaux, and S.J. Formica. 1985. Desorption of PCB from Lake Sediment: Abstracts with Programs. South -Central section, Geol. Soc. Amer., Vol. 17, p. 163. WCRC Credentials Sandi J. Formica Inspection Engineer II (February 1992 to September 1994), Arkansas Department of Pollution Control and Ecology, Little Rock, AR. Water Division: Reviewed and evaluated engineering plans for the treatmentlutilization of animal waste at agricultural facilities and wastewater at commercial facilities. Drafted State Water Permits and performed site visits at facilities. Assisted with the development of educational programs for operators and evaluation of water quality impacts from nonpoint source pollution. Chemical Engineer (July 1989 to February 1992), FTN Associates, LTD., Little Rock, AR. Experience in environmental model development, modeling, and model assessment. Performed several waste -load allocation studies, which involved water quality modeling. Participated in the development, design, and evaluation of a pilot -constructed wetland treatment system used to treat acid mine drainage. Participated in water quality assessment and evaluation studies, Toxicity Reduction Evaluation, and a wastewater treatment evaluation. Gained experience in NPDES permitting and knowledge of environmental regulations. Chemical Engineer (January 1989 to June 1989), Aluminum Company of America, Bauxite, AR. Designed experiments and performed testing for the development of new products in the Product Development Group. Supervised the research and development of an anion -absorbing chemical product for use in wastewater treatment process. Secondary Mathematics and Science Teacher (August 1986 to May 1988), St. Catherine's Indian School, Santa Fe, NM. Taught Geometry, Pre -Calculus, Chemistry and Physics to upper level high school students. Duties included daily class preparation, presentation of class material, evaluation of student's performance, and organization of physics and chemistry laboratory experiments. Chemical Engineer (May 1984 to August 1985), Badische Corporation, Freeport, TX. Designed projects to improve plant operations. Organized, coordinated and performed cost analysis of plant projects. Supervised work teams of 2-5 people for project installation. Performed design calculations and economic evaluations of potential chemical production processes. Performed quality control study by simulating chemical plant process in the laboratory. Research and Departmental Assistant (August 1981 to April 1984), Chemical Engineering Department, University of Arkansas, Fayetteville, AR. Designed and performed laboratory simulation of PCB -contaminated lake system while obtaining graduate degree. Developed and tested mathematical model of the system. Corrected student assignments in mass -transfer, kinetics, and thermodynamics during senior year of undergraduate school. WCRC Credentials Resume: Matthew A. Van Eps, PE Matthew Van Eps, PE, is the associate director and co-founder of the Watershed Conservation Resource Center. Mr. Van Eps possess a diverse and unique work experience history that has facilitated the development of specialized watershed assessment, conservation and restoration skills. He is currently the project engineer for three design and build stream restoration projects in Northwest Arkansas. His background has served to develop his scientific and philosophical understanding of the physical, chemical, biological, and anthropogenic processes affecting watershed resources. He has been a project engineer on numerous watershed assessment projects in both rural and urban settings. He was also the project engineer for several projects that evaluated the implementation of BMPs to reduce the impact of confined animal operation on water quality in Arkansas. Mr. Van Eps has a broad background in watershed management and has expertise in many aspects of the field including assessment, regulatory issues, stream stability analysis, stream restoration design practices, integration of stakeholder involvement, nutrient management, non -point source pollution; and BMP identification and implementation Associate Director (December 2004 to Present), Watershed Conservation Resource Center (WCRC), Little Rock, AR. Provides technical, engineering, and project design expertise for recognized environmental nonprofit organization. Stream restoration design development and implementation project engineer. Responsible for all GIS applications; restoration design; and field data collection. Assists with budgeting; grant development; and project development. Engineer PE, Environmental Projects Section Manager, AR Dept. of Environmental Quality September 1997 - December 2004. West Fork White River Watershed Assessment. Project engineer for a watershed assessment of the West Fork White River in Northwest Arkansas. Surveyed the West Fork White River (WFWR) and tributaries evaluating the erosion potential of stream banks using a Bank Erosion Hazard Index. Developed and implemented a progressive and efficient data collection and presentation process utilizing a GIS interface and hand-held computing technology. Selected suitable locations for the installation of permanent cross-section locations to assist in evaluating stream stability of the WFWR. Performed computations and analysis of geomorphology data collected for the WFWR assessment. Collected data to develop a bank erosion sediment delivery model. Reviewed Quality Watershed Conservation Resource Center Associate Director PE License #., 10661 Years of Experience Fourteen Education University of Arkansas- Fayetteville, Arkansas Master of Engineering Degree in Environmental Engineering, December 1996 Virginia Polytechnic Institute and State University - Blacksburg, Virginia Bachelor of Science Degree in Chemical Engineering, May 1993 Professional Training Dr. Rosgen's Wildland Hydrology Courses: -Applied Fluvial Geomorphology -River Morphology & Applications -River Assessment & Monitoring -River Restoration & Natural Channel Design Special Recognition Partnership for Environmental Excellence Award EPA Region VI Employment History Watershed Conservation Resource Center 2004 - present Arkansas Department of Environmental Quality 1997- 2004 Challenge Environmental Laboratories 1997 University of Arkansas Civil Engineering Department 1994 to 1996 Synergistic Activities Member of Green Infrastructure Environmental Subcommittee for Fayetteville Green Infrastructure Project 2009 Guest Lecturer for Ecological Engineering course at the University of Arkansas 2009 Guest Lecturer for Environmental Soil and Water Science course at the University of Arkansas 2009 Presented Stream Morphology concepts to attendees of the Region 6 MS4 annual meeting in 2007 WCRC Credentials - Matthew A. Van Eps, PE Assurance Project Plans (QAPP) to be submitted to the EPA addressing stormwater and biological sampling methods in the watershed. Urban Watershed Assessment. Principal investigator for assessing the condition of the Rock Creek watershed in Little Rock, Arkansas. Developed project proposal, work plan, budget, and EPA approved QAPP documentation for urban watershed assessment. Supervised and coordinated the collection and analysis of data including; landuse, impervious surface analysis, and delineation of watershed and sub -watershed boundaries utilizing GIS; utilization of visual watershed assessment methods and handheld PC GIS interface for rapid assessment and prioritization; evaluation of historical flow data to determine changes in local hydrology; development of a flow weighted storm water quality sampling program; and collected and evaluated fluvial geomorphology data to determine stream stability and restoration potential. Fluvial Geomorphology Data Collection and Evaluation. Collected and analyzed fluvial geomorphology data to establish relationships between watershed area and stream channel geometry for the Boston Mountain physiographic region. Obtained and evaluated historical USGS gage station records to determine flood return frequency as well as gage height and channel geometry relationships. Collected stream bank erosion data to develop relationship between stream bank erosion variables and erosion rates. Performed a bank erosion survey for the City of Rogers, Arkansas for 15 miles of Osage Creek and headwater tributaries. Provided comment, critical review and technical assistance on proposed stream bank stabilization projects to increase success and reduce costs. Received over 120 hours of fluvial geomorphology training from Dave Rosgen, P.H. Assisted Mr. Rosgen during training courses conducted in Northwest Arkansas, including selection of sites for students to observe geomorphologic process and providing assistance to students performing assessments in the field. Provided field based instruction of basic fluvial geomorphology concepts to attendees of the 1st Arkansas Watershed Advisory Group Conference in October 2002. He is an instructor for the Basic Field Techniques to Determine Stream Morphology training course presented by the WCRC Mid -South Watershed Training Program. 4 Watershed Conservation Resource Center Associate Director Selected Publications: M.A. Van Eps, S.J. Formica, T.L. Morris, J.M. Beck, A.S. Cotter. "Using a Bank Erosion Hazard Index (BEHI) to Estimate Annual Sediment Loads from Streambank Erosion in the West Fork White River Watershed." Proceedings from ASAE Conference "Self -Sustaining Solutions for Streams, Wetlands, and Watersheds," held September 12-15, 2004, St. Paul, MN. S.J. Formica, M.A. Van Eps, M.A. Nelson, A.S. Cotter, T.L. Morris, J.M. Beck. "West Fork White River Watershed - Sediment Source Inventory and Evaluation." Proceedings from ASAE Conference "Self -Sustaining Solutions for Streams. Wetlands, and Watersheds," held September 12-15, 2004, St, Paul, MN. Brye, K.R., T.L. Morris, D.M. Miller, S.J. Formica, M.A. Van Eps. 2004. "Estimating Bulk Density in Vertically Exposed Stoney Alluvium Using a Modified Excavation Method." Journal of Environmental Quality. In Press. Formica, S.J.; Giese, J.; Kresse, T.M.; Morris, T.; and Van Eps, M.A. 2001. "Using Data, Communication, and Education to Improve Swine Waste Management in the Buffalo River Watershed." Published in the proceedings of the 2"° National Conference, "Nonpoint Source Pollution Information & Education Programs," held May 15-17, Chicago, IL. Formica, S.J.; Anderson, W.M.; Van Eps, M.A.; Morris, T.; and Srivastava, Puneet. 2001. "A Community Approach to Handling and Utilizing Dairy Manure in the Buffalo River Watershed." Published in the proceedings of the Natural Resource, Agriculture, and Engineering Service, "Dairy Manure Systems: Equipment and Technology," held March 20-22, Rochester, NY. Formica, S.J.; Giese, J.; Kresse, T.M.; Morris, T.; Van Eps, M.A.; and Anderson, W.M. 2001. "Buffalo National River Watershed: Partnerships to Improve Swine Waste Management." To be published in U.S. EPA Section 319 Success Stories, Volume 3. Srivastava, Puneet; Formica, S.J.; and Van Eps, M.A. 2001. "A Watershed Approach to Assess the West Fork of the White River." Published in the proceedings of the Arkansas Water Resource WCRC Credentials . MEMORANDUM OF UNDERSTANDING Between Watershed Conservation Resource Center And City of Fayetteville 'This Memorandum of Understanding (MOU) is entered into and executed on the date indicated below the signature block, by and between the Watershed Conservation Resource Center, hereinafter referred to as WCRC, and the CITY OF FAYETTEVILLE. /_=I79I[iE0100 The purpose of this MOU is to establish a general framework for cooperation between the WCRC and the CITY OF FAYETTEVILLE to 1) seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and 2) to work together on nonpoint source (NPS) related issues associated with reducing nutrients and improving riparian and other natural areas. Innovative approaches will be used in designing and implementing stream restorations that will result in improved water quality of the City's watersheds and will address severe streambank erosion, while restoring aquatic and terrestrial habitat and maintaining a sustainable, natural hydrology. Such cooperation will serve the parties' mutual interest. B. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The WCRC is a nonprofit organization that strives to protect, conserve, and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government. The WCRC principals are regional experts and local leaders in implementing natural channel design -based stream restorations that meet multiple local and regional objectives relating to river channel instability, water quality, and ecological services. This MOU is of benefit to the CITY OF FAYETTEVILLE because these activities will help to meet the objectives of the City's Nutrient Reduction Plan and will lead to both aquatic and terrestrial habitat restoration, improved water quality in the form of both phosphorus and sediment reductions, reduced streambank erosion, and improve aesthetics of local streams and rivers. This effort will also help to promote the use of alternatives to traditional channel modifications in both urbanizing and rural areas. The WCRC and the CITY OF FAYETTEVILLE partnered and obtained a grant for the Restoration of a Tributary to Mud Creek, Fayetteville, AR. The project restored 1,200 feet of stream through Gulley Park and prevents an estimated minimum of 110,000 lbs/year of sediment from entering the stream system, resulting in 27 lbs/year of total phosphorus and 68 lbs/yr of total nitrogen reductions in the Illinois River basin, Additionally WCRC and the CITY OF FAYETTEVILLE formed partnerships for two current stream restoration projects which are also grant fnded. The projects are summarized as follows: City of Total Project Grant Source Status Grant Funding Fayetteville Project Funding Cost Restoration of a Tributary to U.S. EPA 319 Grant complete Mud Creek through ANRC $ 121,000 $ 141,200 $ 262,200 Stream Restoration Environmental Demonstration at Niokaska Protection Agency current Creek in Sweetbriar Park Region 6 $ 234,000 $ 78,000 $ 317,000 Stream Restoration of the West Fork of the White River U.S. EPA 319 Grant (WFWR) adjacent to the through ANRC current Fayetteville Executive Airport $ 115,076 $ 86,812 $ 201,888 C. FEES AND PAYMENTS No fee is associated with this MOU As projects are identified by the City, a Task Order establishing the scope, fee, and payment terms for the project will be developed. The basis of this fee, and justification for the fee shall be contained in an Appendix attached to each Task Order. Adjustment of the fee may be made should WCRC establish and the CITY OF FAYETTEVILLE agree that there has been, or is to be, a significant change in scope, complexity or character of the services to be performed; or if the CITY OF FAYETTEVILLE decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. In consideration of the above premises, the parties agree as follows: D. THE WCRC: 1. Shall seek funding opportunities for stream restoration projects and other projects related to reduction of non -point source pollution. 2. Upon approval of specific Task Orders by the Mayor or City Council, as required by the City's procurement requirements, shall provide the services detailed in each Task Order. Said tasks may include: a. Identification of stream reaches that could benefit from stream restoration and prioritize, in streams within the City limits. b. Estimation of phosphorous reduction that would be realized for each priority stream restoration project. c. Assistance in developing grant applications for identified stream restorations and other non -point source pollution assessment projects. d. Assistance to the CITY OF FAYETTEVILLE in addressing other NI'S related issues. 3. Shall accomplish other specific tasks as detailed in each Task Order E. THE CITY OF FAYETTEVILLE: 1. Shall coordinate all activities within the City of Fayetteville Divisions and Departments and between the CITY OF FAYETTEVILLE and the WCRC. 2. Shall assist with project activities and tasks. 3. Shall provide review and input into the final restoration designs. 4. Shall oversee activities and coordinate staff needed for implementation of the restoration designs. 5. Shall provide documentation of all project activities and associated matching funds. 6. Recognizes that their participation in stream restoration and NPS projects acquired is an integral component in carrying out a successful project that will result in improved water quality and habitat restoration. 7. Shall accomplish other specific tasks as detailed in each Task Order. F. IT IS MUTUALLY AGREED AND UNDERSTOOD BY ALL PARTIES THAT 1. FREEDOM OF INFORMATION ACT (FOIA). CITY OF FAYETTEVILLE contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the WCRC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Any information furnished to the WCRC under this instrument is subject to the Freedom of Information Act (5 U.S.C. 552). 2. MODIFICATION. Modifications within the scope of the instrument shall be made by mutual consent of the parties. Changes, modifications, or amendments in scope (other than as specifically established in this MOU), price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the City Council in advance of the change in scope, cost or fees. 3. PARTICIPATION IN SIMILAR ACTIVITIES. This instrument in no way restricts the WCRC or the CITY OF FAYETTEVILLE from participating in similar activities with other public or private agencies, organizations, and individuals. 4. COMMENCEMENT/EXPIRATION DATE. The instrument is executed as of the date of the last signature and is effective for three years. 5. PRINCIPAL CONTACT. The principal contacts for this instrument are Sandi Formica, Executive Director Watershed Conservation Resource Center 380 West Rock Street Fayetteville, AR 72701 Office Phone: 479-444-1916 Cell Phone: 501-352-5252 Office Fax: 928-396-2546 E-mail: were@watershedeonservation.org Chris Brown, P.E., City Engineer City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Phone: 479-575-8206 Fax: 479-575-8202 E-mail: ebrown a ci.fayetteville.ar.us Sarah Wrede, E.I., Staff Engineer City of Fayetteville Phone: 479-575-8206 E-mail: swrede(/9ci.fayetteville.ar.us 6. NONDISCRIMINATION. During the performance of this agreement, all parties will abide by the terms of Executive Order 11246 on nondiscrimination and will not discriminate against any person because of age, race, color, religion, sex, national origin, or disability. Sandi J. Formica, Executive Director Date Watershed Conservation Resource Center Lioneld Jordan, Mayor Date City of Fayetteville Sondra E. Smith, City Clerk/Treasurer Date City of Fayetteville NORTHWEST ARKANSAS NEWSPAPERSLLc Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record. RECEIVED 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 hU�,� PHONE: 479-571-6421 BY: AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville — Ordinance 5341 August 19, 2010 Publication Charge : $ 155.64 Signed: Subscribed and sworn to before me This.'/ day of , 2010. Notary Public Jim Mears ViEashington County Commission Number 12374647 My Commission Expires: Notary Public - Arkansas Commission Expires Jan. 20, 2020 Do not pay from Affidavit, an invoice will be sent City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Mayor's Approval City Council Meeting Date Agenda Items Only John Coleman Wastewater Treatment Plant Utilities Submitted By Division Department $ 77,000.00 White River Stream Restoration Project Cost of this request Approved Project Appropriation Program Category / Project Name 5400.5800.5315.00 $ - Wastewater Treatment Plant Capital Account Number Funds Used to Date Program 1 Project Category Name 10029.1001 $ 77,000.00 Contract Services Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached x Depa t) Previous Ordinance or Resolution # 5341 Date Original Contract Date: '77 L' ZQ - ID Original Contract Number: Date Chief of St ff Date J412//J) M r Date Received in City 1 2-20- 1 0 A08 : 1 9 R CVD Clerk's Office Received in ENTERW Mayors Office Revised January 15, Z• al. vl e -ARKANSAS TO: Mayor Lioneld Jordan THRU: David Jurgens, Utilities Director FROM: John Coleman, Sustainability Director DATE: December 17, 2010 SUBJECT: Task Order No. — Noland Plant White River Restoration Project RECOMMENDATION THE CITY OF FAYETTEVILLE, ARKANSAS UTILITIES DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (4791575-8330 F (479) 575-8257 Approve Task Order No. I under Ordinance No. 5341 — MOU with Watershed Conservation Resource Center (WCRC). Task Order No. 1 is for design and construction of a streambank stabilization project for a section of the White River at the Noland Wastewater Treatment Plant. BACKGROUND Due to this year's storm events the City has lost over fifteen feet of bank at the proposed project location on the White River. The White River is on the ADEQ Arkansas impaired streams list and associated stream bank erosion directly increases the phosphorus loading in the river and Beaver Lake. By restoring this section of the river, studies indicate that the phosphorus loading would be reduced by approximately 330 pounds per year which equates to 25 days of average discharge from the Noland Plant in current conditions. BUDGET IMPACT In August 2010, City Council approved a budget adjustment of $77,000 in matching funds for WCRC to pursue a $198,001 grant from the Arkansas Natural Resources Commission (ANRC). The budget adjustment transferred savings in WWTF fuel consumption to the White River stream bank restoration project. WCRC has recently been awarded the EPA 319 grant from ANRC and is ready to commence work on this project. Attachments: Task Order No. 1 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 Task Order to WCRC - 20101209 THE CITY OF FAYETTEVILLE, ARKANSAS TASK ORDER NO. 1 NOLAND PLANT WHITE RIVER RESTORATION PROJECT STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5341 executed on August 3, 2010. The referenced MOU pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center. This Task Order entered into and executed on the date indicated below the signature block, by and between the City of Fayetteville and Watershed Conservation Resource Center (WCRC) sets forth the project description, project schedule and associated fees for these services related to the White River Restoration Project located at the City's Noland Wastewater Treatment Plant. Section I — Project Description This project consists of streambank restoration activities including grant administration, pre- and post - monitoring of the affected river section, design, construction, and community outreach. Section II — Project Timeframe The Arkansas Natural Resources Commission has issued the following grant schedule to WCRC for the completion of the project and expenditure of funds. Task Timeframe A. ANRC Grant Period October 2010 — March 2012 Section III — Scope of Services • Grant administration includes financial tracking and reporting, procurement of materials, quarter reporting, developing final report, matching funds tracking and reporting, and coordination among project partners and contractors. • Pre- and post -monitoring of the streambank includes sampling and analysis of bank materials, installing toe pins and measuring erosion rates, and evaluating the streambank for bank erosion hazard index and near bank shear stress. THE CITY OF FAYETTEVILLE, ARKANSAS • Develop streambank restoration design which includes collecting reference fluvial geomorphology data on a stable riffle, surveying geomorphic features of the existing site, developing a stabilization design based on data collected, and developing construction drawings. • Streambank restoration construction includes obtaining 404 permit and ADEQ authorization, coordinate construction material deliveries, developing heavy equipment construction bid packet, selecting contractor, overseeing heavy equipment construction, performing minor construction, and re -vegetate site. • Conduct outreach which will include working with the City to host a planting day, conducting site tours, and developing project fact sheet. Section IV — Fees and Payments WCRC will utilize $77,000 as matching funds from the City of Fayetteville and $200,000 in grant funds from the Arkansas Natural Resources Commission. See Attachment I for more detail of the estimated project budget. Section V — Memorandum of Understanding in Effect: Except as amended specifically herein, the Memorandum of Understanding as executed with the City of Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE FOR WATERSHED CONSERVATION RESOURCE CENTER n 1 By: Attest: Date: c 13 201 C7 h/2 7/b :FAYETTEVILLE: C:, =;-ys.9,QKANSP. Jam,: ffffflliili6lti�►, City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements N/A City Council Meeting Date Agenda Items Only Carole J e Alison Jum of �' Park Planning Parks and Recreation .. .... y :.. �,. Sbmitt�d By Division Department Action Reauired: Parks st8ffrequesfs approval of Task Order Na. 2 pursuant to the -Memorandum of Understanding (M0U) as described in Ordinance No. 5341 with the Watershed Conservation Resource Center in an amount NTE $5,000 to repair a portion of Niokaska Creek riparian corridor through Gulley Park that was damaged during the flooding in April 2011 (see attached memo). $ 5,000.00 Cost of this request 2250.9256.5315.00 Account Number 05001.1002 Project Numbers Budgeted Item X $ 5,000.00 Category / Project Budget Funds Used to Date $ 5,000.00 Remaining Balance Budget Adjustment Attached SS Gulley Park Renovations/Gulley Park Stream Restoration Program Category / Project Name Gulley Park Renovations/Gulley Park Stream Restoration Program / Project Category Name Park Land Dedication (NE)/Parks Development Fund Name Previous Ordinance or Resolution # 534,.�.rw Dt Original Contract Date: 1-2 Z — 1 / Original Contract Number: Date 7- 2 d I 0 7- 21 -1 1 'P 0 3 `• 3 7 R C V D Finance and Internal Se es Director Date Received in City Clerk's Office C ef of St Date TER D Received in �% a Ma or D e Mayor's Office 7 �� Revised January 15, 2009 a e evl e -ARKANSAS STAFF REVIEW MEMO To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff Connie Edmonston, Director of Parks and Recreatjon6. Alison Jumper, Park Planning Su erintendent (A6� From: Carole Jones, Park Planner Date: July 21, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Request for approval of Task Order No. 2 pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5341 with the Watershed Conservation Resource Center in an amount NTE $5,000 to repair a portion of Niokaska Creek riparian corridor through Gulley Park that was damaged during the flooding in April 2011 PROPOSAL: A 1,200 ft section of Niokaska Creek in Gulley Park was restored in December 2008. The Watershed Conservation Resource Center (WCRC) originally designed the project and performed the construction observation working closely with the contractors. The stream restoration has been successful in achieving its objectives of using a natural channel design approach to reduce stream bank erosion, reduce phosphorus and sediment loadings to the stream, and improve the aesthetics of an urban stream; however, flooding in April 2011 caused damage to four rock vane structures. The repair is not eligble for funding from FEMA because the structures are located within the channel of the stream. In addition, invasive vegetation threatens native plants within the restored riparian corridor. A wetland area filled with desirable native plants but also plagued with Johnson grass and other invasive vegetation is located upstream of the restoration. The upstream area is the source of many invasive species seeds which are spreading downstream to the restored area. The objectives of the proposed project are: 1) Repair four rock vane structures to re-establish the functions of the stream restoration; and 2) Enhance the riparian corridor by removing invasive plant species and planting native plants to create a healthy riparian corridor upstream and along the stream restoration. RF�OMMENDAION: Parks staff requests approval of Task Order No. 2 pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5341 with the Watershed Conservation Resource Center in an amount NTE $5,000 to repair a portion of Niokaska Creek riparian corridor through Gulley Park that was damaged during the flooding in April 2011. BUDGET IMPACT; The cost of $5,000 is accounted for in project number 05001.1002, Gulley Park Stream Restoration Drainage. A,tEtach rents: Staff Review Form Ordinance No. 5341 Task Order No. 2 THE CITY OF FAYETTEVILLE, ARKANSAS ORDINANCE NO. 5341 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE WATERSHED CONSERVATION RESOURCE CENTER TO ESTABLISH A GENERAL FRAMEWORK OF COOPERATION TO SEEK FUNDING, CONDUCT STREAM RESTORATION PROJECTS AND TO WORK TOGETHER ON NONPOINT SOURCE RELATED ISSUES WHEREAS, the purpose of the attached Memorandum of Understanding is to establish a general framework for cooperation between the Watershed Conservation Resource Center (WCRC) and the City to seek funding and conduct stream restoration projects to achieve the common goal of restoring unstable sections of streams to a morphologically stable form utilizing a natural channel design approach and to work together on nonpoint source related issues associated with reducing nutrients and improving riparian and other natural areas; and WHEREAS, the WCRC is a nonprofit organization with regional experts that strive to protect, conserve and restore natural resources by utilizing the watershed approach, environmental outreach, and providing planning and technical assistance to landowners, communities, and government; and WHEREAS, the City has successfully partnered with WCRC in the past to receive approximately $470,000.00 in federal grants for stream restoration and the City and WCRC are currently in discussions with federal grant agencies for approximately $890,000.00 in additional grant funds for stream restoration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 2 Ordinance No. 5341 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a Memorandum of Understanding (marked as Exhibit "A" attached hereto and made a part hereof) between the City of Fayetteville, Arkansas and WCRC to establish a general framework for cooperation to seek funding and conduct stream restoration projects and to work together on nonpoint source: related issues. PASSED and APPROVED this 3`d day of August, 2010. APPROVED: ATTEST: 2lL By. By: . I ELD JOIN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ;FAYETTEVILLE; %9s,�,•.�KAN ,. J��. ''�•;NGTON��G�`�� THE CITY OF FAYETTEVILLE, ARKANSAS TASK ORDER NO. 2 REPAIR AND MAINTENANCE OF GULLEY PARK STREAM RESTORATION PROJECT STATE OF ARKANSAS COUNTY OF WASHINGTON This Task Order is written pursuant to the Memorandum of Understanding (MOU) as described in Ordinance No. 5341 executed on August 3, 2010. The referenced MOU pertains to potential stream restoration projects and associated services with the Watershed Conservation Resource Center (WCRC). This Task Order entered into and executed on the date indicated below the signature block by and between the City of Fayetteville and Watershed Conservation Resource Center sets forth the project description, project schedule and associated fees for these services related to the Repair of the Niokaska Creek Stream Restoration located in Gulley Park. Section I - Project Description This project consists of repairs to a previously constructed streambank restoration project along a section of Niokaska Creek in Gulley Park. WCRC originally designed the project and performed the construction observation working closely with the contractors. Several rock vane structures were damaged during the severe flooding which occurred in Washington County in April 2011. Repairs to the structures are needed to ensure that the project continues to function properly. Also included in the project are the removal of invasive plant species and the planting of native plants. Removal of invasive plants and planting of natives will create a healthy riparian corridor upstream and along the stream restoration. Section II - Project Timeframe The project must be completed by or before December 31, 2011. Construction is anticipated to begin in August 2011 and be complete by November 2011. Section III - Scope of Services Project administration includes financial tracking and reporting, procurement of materials, and coordination among project partners and contractors. Construction of streambank restoration repair includes obtaining U.S. Army Corps of Engineers and ADEQ authorization, coordinating construction material deliveries, securing equipment and contractor, overseeing heavy equipment construction, performing minor construction, and re -vegetating site. THE CITY OF FAYETTEVILLE, ARKANSAS Section IV - Fees and Payments WCRC will perform the above -referenced Scope of Services per the following estimate: Task A. Repair Four Rock Vanes Cost $4,000 B. Remove Invasive Species & Plant Natives 1 000 Total NTE $5,000 Section V - Memorandum of Understanding in Effect Except as amended specifically herein, the Memorandum of Understanding Fayetteville shall remain in full force as originally approved. IN WITNESS WHEREOF, the parties hereto have caused this TASK ORDER to be duly executed as of the date and year first herein written. FOR THE CITY OF FAYETTEVILLE By. ayor a Jordan Date: Attest: Sondra Smith, City Clerk FOR WATERSHED CONSERVATION RESOUCE CENTER By: (� ' andi Formica Date: off. ( Attest: