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HomeMy WebLinkAboutC12-076 Colorado Dept of Local Affairs FMAP 2010 12EM71520 AGREEMENT Between the STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And EAGLE COUNTY Summary Form of Financial Assistance: ® Grant ❑ Loan Award Amount: $180,000.00 Agreement Identification: Contract Encumbrance #: 12EM71520 (DOLA's primary identification # for this agreement) Contract Management System #: (State of Colorado's primary identification # for this agreement) Project Information: Project/Award Number: 12EM71520 Project Name: Eagle County Stone Creek Project Performance Period: Start Date: EffectiveDate End Date: 9/30/2013 Brief Description of Project / This project will provide flood protection to properties located along Stone Assistance: Creek and the Stone Creek Bypass Channel by enlarging the existing bypass channel and upgrading culverts. Program & Funding Information: Program Name Flood Mitigation Assistance Program Catalog of Federal Domestic Assistance (CFDA) Number (if federal funds): 97.029 Funding Account Codes: 100/SB00/715/5120/F015/3715 Page 1 of 17 Form Revised: 04/2010 FMAP 2010 12EM71520 TABLE OF CONTENTS 1. PARTIES 2 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2 3. RECITALS 3 4. DEFINITIONS 3 5. TERM and EARLY TERMINATION. 4 6. STATEMENT OF PROJECT 4 7. PAYMENTS TO GRANTEE 5 8. REPORTING - NOTIFICATION 5 9. GRANTEE RECORDS 6 10. CONFIDENTIAL INFORMATION -STATE RECORDS 6 11. CONFLICTS OF INTEREST 7 12. REPRESENTATIONS AND WARRANTIES 7 13. INSURANCE 8 14. BREACH 9 15. REMEDIES 9 16. NOTICES and REPRESENTATIVES 11 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE 11 18. GOVERNMENTAL IMMUNITY 11 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM 12 20. RESTRICTION ON PUBLIC BENEFITS 12 21. GENERAL PROVISIONS 12 22. COLORADO SPECIAL PROVISIONS 15 SIGNATURE PAGE 17 EXHIBIT A — APPLICABLE LAWS A -1 EXHIBIT B — STATEMENT OF PROJECT (SOP) B -1 EXHIBIT C — FEMA AWARD LETTER and GRANT APPLICATION PACKAGE C -1 EXHIBIT D - FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA) PROVISIONS D -1 EXHIBIT E — FINDING OF NO SIGNIFICANT IMPACT (FONSI)AND ENVIRO CLOSEOUT PROCEDURES E -1 FORM 1— GRANT FUNDING CHANGE LETTER F1 - 1. PARTIES This Agreement (hereinafter called "Grant ") is entered into by and between EAGLE COUNTY (hereinafter called "Grantee "), and the STATE OF COLORADO acting by and through the Department of Local Affairs for the benefit of the Division of Emergency Management (hereinafter called the "State" or "DOLA "). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to (see checked option(s) below): A. ❑ The Effective Date. B. ❑ The later to occur of the Effective Date or the date of a separate letter issued by the Department ( "Release of Funds Letter ") notifying Grantee of the completion of a satisfactory environmental review and authorizing Grantee to obligate or use Grant Funds. C. ❑ The Effective Date; provided, however, that all Project costs, if specifically authorized by the funding authority, incurred on or after , may be submitted for reimbursement as if incurred after the Effective Date. D. ❑ insert date for authorized pre - agreement costs, as defined in §4 below and/or in Exhibit B, Statement of Project. Such costs may be submitted for reimbursement as if incurred after the Effective Date. Page 2 of 17 FMAP 2010 12EM71520 E. ® The Effective Date; provided, however, that the costs identified in the checked subsections below may be submitted for reimbursement as if incurred after the Effective Date (see checked suboption(s) below): i. ❑ All Project costs, if specifically authorized by the funding authority, incurred on or after insert federal grant's effective date; and ii. ® Pre -award costs for engineering and permitting, if any, incurred on or after June 1, 2010. F. ® All or some of the costs or expenses incurred by Grantee prior to the Effective Date which have been or will be paid with non - federal funds may be included as a part of Grantee's non - federal match requirement, set forth herein and in Exhibit B, Statement of Project, if such costs or expenses are properly documented as eligible expenses in accordance with Exhibit B, 6.6. . 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in CRS §24 -32 -2105 and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this grant agreement is described in Exhibit B. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6 and Exhibit B. B. Exhibits and Other Attachments The following are attached hereto and incorporated by reference herein: i. Exhibit A (Applicable Laws) ii. Exhibit B (Statement of Project) iii. Exhibit C (FEMA Award Letter and Grant Application Package) iv. Exhibit D (FFATA Provisions) v. Exhibit E (FONSI and Environmental Closeout Procedures) vi. Form 1 (Grant Funding Change Letter) C. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. D. Grant "Grant" means this agreement, its terms and conditions, attached exhibits, documents incorporated by reference, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. E. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. F. Party or Parties "Party" means the State or Grantee and "Parties" means both the State and Grantee. Page 3 of 17 FMAP 2010 12EM71520 G. Pre - contract costs "Pre- agreement costs ", when applicable, means the costs incurred on or after the date as specified in §2 above, and the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant application and specifically authorized by the State and incorporated hereinto Exhibit B. H. Project Budget "Project Budget" means the budget for the Work described in Exhibit B. I. Program "Program" means the grant program, as specified on the first page, that provides the funding for this Grant. J. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit B K. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. L. Sub - grantee "Sub grantee" means third - parties, if any, engaged by Grantee to aid in performance of its obligations. M. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B, including the performance of the Services and delivery of the Goods. N. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION. A. Initial Term Unless otherwise permitted in §2 above, the Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on September 30, 2013 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State, at its sole discretion upon written notice to Grantee as provided in §16, may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two month extension. The two - month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6. STATEMENT OF PROJECT A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit B. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Sub - grantees shall be considered Grantee's or Sub - grantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. Page 4 of 17 FMAP 2010 12EM71520 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $180,000.00, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall not pay interest on Grantee invoices. iii. Available Funds - Contingency - Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not fully appropriated, or otherwise become unavailable for this Grant, the State may terminate it in whole or to the extent of funding reduction, without further liability, after providing notice to Grantee in accordance with §16. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B. D. Matching Funds Grantee shall provide matching funds as provided in Exhibit B. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and insuch form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit B. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Department of Local Affairs. Page 5 of 17 FMAP 2010 12EM71520 C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant is completed, terminated or final payment is made hereunder, whichever is later, or (ii) for such further period as may be necessary to resolve any pending matters, or (iii) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period "). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report Grantee shall provide a copy of its audit report to DOLA as specified in Exhibit B. 10. CONFIDENTIAL INFORMATION -STATE RECORDS Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. Page 6 of 17 FMAP 2010 12EM71520 B. Notification Grantee shall notify its agent, employees, Sub - grantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure - Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub - grantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure' to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority — Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by -laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, Page 7of17 FMAP 2010 12EM71520 withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Sub - grantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the "GIA "), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each grant with sub - grantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub- grantee's liabilities under the GIA. ii. Non -Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to sub - grantees that are not "public entities ". B. Grantees and Sub - Grantees Grantee shall require each Grant with Sub - grantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Sub - grantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Sub - grantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Sub - grantees shall be primary over any insurance or self - insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Grantee and the State by certified mail. Page 8 of 17 FMAP 2010 12EM71520 vii.Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Sub - grantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Sub - grantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Sub - grantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any sub -grant, Grantee and each Sub - grantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, provided that a breach is not necessary under §15(B), the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. If the form of financial assistance is a loan, as specified in the table on page 1 of this Grant, and in the event of a termination of this Grant, such termination shall not extinguish Grantee's obligations under the Promissory Note and the Deed of Trust. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non - performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non - performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub - grants /contracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall Page 9of17 FMAP 2010 12EM71520 assign to the State all of Grantee's right, title, and interest under such terminated orders or sub - grants /contracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out -of- pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, at its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price /cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. Page l0 of 17 FMAP 2010 12EM71520 ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents, or Sub - grantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non - infringing products or modify them so that they become non - infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Dave Hard, Director Colorado Department of Local Affairs Division of Emergency Management 9195 E. Mineral Ave., Ste. 200 Centennial, CO 80112 Email: dave.hard@state.co.us B. Grantee: Greg Schroeder, Senior Staff Engineer Eagle County Engineering Department P.O. Box 850, 500 Broadway Eagle, CO 81631 Email: greg.schroeder@eaglecounty.us 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE This section ❑ shall I ® shall not apply to this Grant. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado _Governmental Page 11 of 17 FMAP 2010 12EM71520 Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24- 30- 1501, et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24 -103 -601, §24 -103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24 -103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Local Affairs, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105- 102(6)), or (b) under CRS §24 -105- 102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. RESTRICTION ON PUBLIC BENEFITS This section ❑ shall 1 ® shall not apply to this Grant. Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24- 76.5 -101 et seq. when such individual applies for public benefits provided under this Grant by requiring the following: A. Identification: The applicant shall produce one of the following personal identifications: i. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii. A United States military card or a military dependent's identification card; or A United States Coast Guard Merchant Mariner card; or iv. A Native American tribal document. B. Affidavit The applicant shall execute an affidavit herein attached as Form 2, Affidavit of Legal Residency, stating: i. That they are United States citizen or legal permanent resident; or ii. That they are otherwise lawfully present in the United States pursuant to federal law. 21. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or sub - grantees approved by Grantee or the State Page 12of17 FMAP 2010 12EM71520 are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §21(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification - General Grantee shall, to the extent permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub - grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. List of Selected Applicable Laws Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and regulations are incorporated herein and made part hereof. Grantee also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by this Grant. I. Loan Forms If the form of financial assistance provided by the State is a loan, as specified in the table on page 1 above, Grantee shall execute a promissory note substantially equivalent to Form _ and record a deed of trust substantially equivalent to Form _ with the county in which the property resides. J. Modification i. By the Parties Except as specifically provided in this Grant, modifications hereof shall not be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATION OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. Page 13of17 FMAP 2010 12EM71520 Grant Funding Change Letter The State may increase or decrease funds available under this Grant and modify selected other provisions of this agreement using a Grant Funding Change Letter substantially equivalent to Form 1. The provisions of the Grant Funding Change Letter shall become part of and be incorporated into the original agreement. The Grant Funding Change Letter is not valid until it has been approved by the State Controller or designee. K. Order of Precedence i. This Grant The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a) Colorado Special Provisions b) The provisions of the main body of this Grant c) Exhibit A d) Exhibit B ii. Loan Document This section shall apply if the form of financial assistance, as specified in the table on page 1 above, is a loan. In the event of conflicts or inconsistencies between this Grant and the Deed of Trust or the Promissory Note, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a) Form 3, the Promissory Note b) This Grant c) Form 4, the Deed of Trust L. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. M. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. N. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84- 730123K) and from all State and local government sales and use taxes under CRS § §39 -26 -101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. O. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. P. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. Q. 13. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24- 103.5 -101, if any, are subject to public release through the Colorado Open Records Act, CRS §24 -72 -101, et seq. Page 14 of 17 FMAP 2010 12EM71520 COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. 1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. D. 4. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. 5. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference shall be null and void. H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 15 of 17 FMAP 2010 12EM71520 I.9. EMPLOYEE FINANCIAL INTEREST. CRS § §24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J. 10. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental Agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E -Verify Program or the State program established pursuant to CRS §8- 17.5- 102(5)(c), Grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant or enter into a Grant with a Sub - grantee that fails to certify to Grantee that the Sub - grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant. Grantee (a) shall not use E -Verify Program or State program procedures to undertake pre - employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub - grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub - grantee is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the Subgrant if a Sub - grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the Granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this Grant. SPs Effective 1/1/09 Page 16 of 17 FMAP 2010 12EM71520 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act 011 Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO EAGLE COUNTY John W. Hickenlooper, GOVERNOR By: R lc . UM M , i DEPARTMENT OF LOCAL AFFAIRS Printed Name of Aut rized Individual Title: M V 2.- / By: i Official Ti --of Autho ' e ntlividual eeves B , Executive Director Date: A..)/ .1 *Signature / Date: `21 .211 1 7-- i ' PRE- APPROVED FORM CONTRACT REVIEWER C. By: 4 'a __ AAA It ./Z P .f Wi Liam . Archambault, Jr., 1 Finance and Administration Chief Date:R 1 V ( (3 ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER avid J. McDermott, CPA . / ( . 4 \...„ - . C By. Barbara M. Casey, Cot olle Delegate Date: / (/ 1 Page 17 of 17 FMAP 2010 12EM71520 EXHIBIT A — APPLICABLE LAWS Laws, regulations, and authoritative guidance incorporated into this Grant include, without limitation: 1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 -634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e 9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq. 10. Section 24 -34 -301, et seq., Colorado Revised Statutes 1997, as amended 11. The applicable of the following: 11.1. Cost Principals for State, Local and Indian Tribal Governments, 2 C.F.R. 225, (OMB Circular A -87); 11.2. Cost Principals for Education Institutions, 2 C.F.R. 220, (OMB Circular A -21); 11.3. Cost Principals for Non - Profit Organizations, 2 C.F.R. 230, (OMB Circular A -122), and 11.4. Audits of States, Local Governments, and Non - Profit Organizations (OMB Circular A -133); and/or the Colorado Local Government Audit Law, 29 -1 -601, et seq, C.R.S., and State implementing rules and regulations. 11.5. Immigration Status - Cooperation with Federal Officials, CRS 29 -29 -101, et seq. 11.6. Davis -Bacon Act, 40 U.S.C. SS 276a to 276a -7. 11.7. Copeland Act, 40 U.S.C. S 276c and 18 U.S.C. SS 874. 11.8. Contract Work Hours and Safety Standards Act, 40 U.S.C. SS 327 -333, regarding labor standards for federally assisted construction sub - awards. 11.9. Wild and Scenic Rivers Act of 1968, 16 U.S.C. SS 1271 et. seq., related to protecting components or potential components of the national wild and scenic rivers system. 11.10. National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470, Executive Order No. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974, 16 U.S.C. 469a -1 et. seq. 11.11. Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42 U.S.C. 5121 et seq., as amended. 11.12. National Flood Insurance Act of 1968, 42 U.S.C. 4001 et. seq. 11.13. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. 104. 11.14. Department of Defense Authorization Act of 1986, Title 14, Part B, Section 1412, Public Law 99 -145, 50 U.S.C. 1521. 11.15. USA PATRIOT Act of 2001, (Pub. L. 107 -56). 11.16. Digital Television Transition and Public Safety Act of 2005, (Pub L. 109 -171) 12. Federal Emergency Management Agency, Department of Homeland Security Regulations: All Applicable Portions of 44 CFR Chapter 1, with the following Parts specially noted and applicable to all grants of FEMA/DHS funds: 12.1. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44 C.F.R. 13. 12.2. Governmentwide Debarment and Suspension (Nonprocurement) and Requirements for Drug -Free Workplace, 44 C.F.R. 17. 12.3. New Restrictions on Lobbying, 44 C.F.R. 18. 13. Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder (44 C.F.R. 6). 14. Prohibition against use of Federal Funds for Lobbying, 31 U.S.C. 1352 15. None of the funds made available through this agreement shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy Conservation Policy Act, 42 U.S.C. 8251 et. Seq., or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). 16. None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992, 42 U.S.C. 13212. 17. Buy American Act, 41 U.S.C. 10a et seq. 18. Federal Grant Guidance for the 2010 Flood Mitigation Assistance Program Page A -1 of 1— Exhibit A — Applicable Laws FMAP 2010 12EM71520 EXHIBIT B — STATEMENT OF PROJECT (SOP) 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1. Project Description. As described in Exhibit C, these project funds will be used to provide flood protection to properties along Stone Creek and the Stone Creek Bypass Channel by enlarging the existing by pass channel and upgrading existing culverts. 1.2. Project expenses. Project expenses include all costs identified in the budget table §4.2 of this Exhibit B as further described in Attachment C. 1.3. Exhibit E Categorical Exclusion and Environmental closeout procedures. 1.4. Identification of Subgrantee. 2. DELIVERABLES: 2.1. Grantee shall submit narrative and financial reports describing project progress and accomplishments, any delays in meeting the objectives and expenditures to date as described in §5 of this Exhibit B. 2.2. List additional grant deliverables. NONE 3. PERSONNEL: 3.1. Replacement. Grantee shall immediately notify the Department if any key personnel specified in §3 of this Exhibit B cease to serve. Provided there is a good -faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify the Department and seek its approval, which shall be at the Department's sole discretion, as the Department issued this Grant in part reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what his /her qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the Department, in its sole discretion, may direct Grantee to suspend work on the Project until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §16 of the Grant. 3.2. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Greg Schroeder, Senior Staff Engineer, an employee or agent of Grantee, who is hereby designated as the responsible administrator of this project. 3.3. Other Key Personnel. NONE 4. FUNDING The State or Federal provided funds shall be limited to the amount(s) specified in §7 of the Grant and in the Federal and/or State funds and percentage(s) section of §4.2 of this Exhibit B, Project Budget. 4.1. Matching Funds. 4.1.1.Requirement. The following checked option shall apply 4.1.1.1. ❑ Matching Funds are not required under this Grant. 4.1.1.2. ® Grantee's required non - federal or state match contribution is detailed in §4.2 below. The match may: 4.1.1.2.1. ❑ include in -kind match; 4.1.1.2.2. ❑ not include in -kind match; or 4.1.1.2.3. ® include no more than 12.5% in -kind match. 4.1.2. General. Grantee's required matching contribution, if any, need not be provided on a line -item by line -item basis, but must be at least the percentage of the total project expenditures specified in the Project Budget table. 4.1.3.Documentation. Documentation of expenditures for the non - federal match contribution is required in the same manner as the documentation for the grant funded expenditures. Page B -1 of 4— Exhibit B — Statement of Project FMAP 2010 12EM71520 4.2. Project Budget Cost Category Cost Classification Federal Share: $180,000 Matching Non - Federal Share: $60, 000 Contractual Other -Pre Award - Architectural $6,000 Engineering Basic Fees Contractual Architectural Engineering Basic Fees $34,000 Contractual Demolition and Removal $12,385 Contractual Construction and Project Improvement $187,615 Total Budget $240,000 4.3. Project Budget Line Item Adjustments. Grantee may (see checked option below): 4.3.1. ❑ not adjust individual budget line amounts without approval of the State. Such approval shall be in the form of: 4.3.1.1. a notice issued by the State in accordance with §16 of the Grant; or 4.3.1.2. an amendment in accordance with the Modification subsection of the General Provisions of the Grant. 4.3.2. ® adjust individual budget line amounts without the State's approval if: 4.3.2.1. there are no transfers to or between administration budget lines; and 4.3.2.2. cumulative budgetary line item changes do not exceed the lesser of ten percent of the total budgeted amount or $20,000 4.4. Non - Supplanting of Grantee Funds. Grantee will ensure that the funds provided by this Grant are used to supplement and not supplant their funds budgeted for the purposes herein. 5. PAYMENT: Payments shall be made in accordance with this section, the provisions of this Exhibit, and the provisions set forth in §7 of the Grant. 5.1. Payment Schedule. Grantee shall submit requests for reimbursement at least quarterly using the Department provided form or by letter with documentation attached if no form is required. One original signed reimbursement request is due on the same dates as the required financial reports. All requests shall be for eligible actual expenses incurred by Grantee, as described in §1 above. Requests will be accompanied by supporting documentation totaling at least the amount requested for reimbursement and any required non - federal match contribution. Documentation requirements are described in §6.6 below. If any financial or progress reports are delinquent at the time of a payment request, the Department may withhold such reimbursement until the required reports have been submitted. 5.2. Payment Amount. When non - federal match is required, such match must be documented with every payment request. Periodic payments will be made as requested at the same percentage of the documentation submitted as the Grant funded share of the budget up to any applicable quarterly or other pre - closeout maximums. Payment will not exceed the amount of cash expenditures documented. Excess match documented and submitted with one reimbursement request will be applied to subsequent requests as necessary to maximize the allowable reimbursement. Up to 90% of the total grant amount may be reimbursed prior to project acceptance and grant closeout. If sufficient documentation of actual costs has been incurred and submitted, the final 10% will be released after all Acceptance Criteria or Deliverables have been met, and accepted by the Depai Intent and adopted by the Grantee's governing board, and approved by FEMA. 5.3. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with §16 of the Grant: Page B -2 of 4— Exhibit B — Statement of Project FMAP 2010 12EM71520 Eagle County P.O. BOX 850 Eagle, CO 81631 6. ADMINISTRATIVE REQUIREMENTS: 6.1. Accounting. Grantee shall maintain properly segregated accounts of Grant funds, matching funds, and other funds associated with the Project and make those records available to the State upon request. 6.2. Audit Report. If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant or any other grants /contracts with DOLA, Grantee shall submit an electronic copy of the final audit report, including a report in accordance with the Single Audit Act, to dola.audit(a,state.co.us ,or send the report to: Department of Local Affairs Accounting & Financial Services 1313 Sherman Street, Room 323 Denver, CO 80203 6.3. Monitoring. The State shall monitor this Grant in accordance with § §9(B) and 9(C) of the Grant. 6.4. Records. Grantee shall maintain records in accordance with §9 of the Grant. 6.5. Reporting. 6.5.1. Quarterly Financial Status and Progress Reports. The project(s) approved in this Grant are to be completed on or before the termination date stated in §5(A) of the Grant Agreement. Grantee shall submit quarterly financial status and programmatic progress reports for each project identified in this agreement using the Standard Federal Financial Status Report (SF 425) and the Standard Federal Progress and Performance Narrative Report (SF -PPR), or other forms provided by the Department. One of each with original signatures shall be submitted m accordance with the schedule below: Report Period Due Date January —March April 20 April — June July 20 July — September October 20 October — December January 20 6.5.2. Final Reports. Grantee shall submit a final financial status and progress report that provides final financial reconciliation and a final cumulative grant/project accomplishments report within 45 days of the end of the project/grant period. No obligations of funds can remain on the final report. The final reports may substitute for the quarterly reports for the final quarter of the grant period. If all projects are completed before the end of the grant period, the final report may be submitted at any time before its final due date. No further reports will be due after the Department has received, and sent notice of acceptance of the final grant report. 6.6. Required Documentation. Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are allowable and appropriate as detailed in the subsections below herein. Grantees must retain all procurement and payment documentation on site for inspection. This shall include, but not be limited to, purchase orders, receiving documents, invoices, vouchers, equipment/services identification, and time and effort reports. 6.6.1. Equipment or tangible goods. Requests for reimbursement for tangible personal property with a purchase price of less than $5,000 per item should include the invoice number, description of item purchased (e.g. NOAA weather radios), and the location and number of items, or copies of the paid invoices may be submitted. For equipment items with a purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee must provide a copy of the paid invoice and include a unique identifying number. This number can be the manufacturer's serial number or, if the Grantee has its own existing inventory numbering system, that number may be Page B -3 of 4— Exhibit B — Statement of Project FMAP 2010 12EM71520 used. The location of the equipment must also be provided. In addition to ongoing tracking requirements, Grantee shall ensure that tangible goods with per item cost of $500 or more and equipment with per unit cost of $5,000 or more are prominently marked as follows: "Purchased with funds provided by the FEMA" 6.6.2. Services. Grantees shall include contract/purchase order number(s) or employee names, the date(s) the services were provided, the nature of the services, and the hourly contract or salary rates, or monthly salary and any fringe benefits rates. 6.7. Procurement. Grantee shall ensure its procurement policies meet or exceed local, state, and federal requirements. Grantee should refer to local, state, and federal guidance prior to making decisions regarding competitive bids, sole source or other procurement issues. In addition: 6.7.1. Sole Source. Any sole source transaction in excess of $100,000 must be approved in advance by the Department. 6.7.2. Conduct. Grantees shall ensure that: (a) All procurement transactions, whether negotiated or competitively bid, and without regard to dollar value, are conducted in a manner that provides maximum open and free competition; (b) Grantee must be alert to organizational conflicts of interest and/or non - competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft specifications, requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed procurement must be excluded from bidding or submitting a proposal to compete for the award of such procurement; and (d) Any request for exemption of item a -c within this subsection must be submitted in writing to, and be approved by the authorized Grantee official. 6.7.3. Debarment. Grantee shall verify that the Contractor is not debarred from participation in state and federal programs. Sub - grantees should review contractor debarment information on http://www.epls.gov. 6.7.4. Funding Disclosure. When issuing requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, Grantee and Subgrantees shall: (a) state the percentage of the total cost of the program or project which will be financed with grant money; (b) state the grant program name and dollar amount of state or federal funds for the project or program; and (c) use the phrase "This project was supported by the Colorado Department of Local Affairs, Division of Emergency Management." 6.7.5. Approved Purchases. Grantee shall verify that all purchases are listed in §1.1 above. Equipment purchases, if any, shall be for items listed in the Approved Equipment List (A.E.L) for the grant period on the Responder Knowledge Base (RKB), at https: / /www.rkb.us 6.7.6. Assignment of Rights/Duties /Equipment. Grantee shall ensure that no rights or duties exercised under this Grant, or equipment purchased with Grant Funds having a purchase value of $5,000 or more are assigned without the prior written consent of the Department. 6.8 Additional Administrative Requirements. As this project includes construction components, the approved EHP review(s) must be complied with throughout the project, and the FEMA required Mitigation and Stipulations described in Exhibit E must be completed and documented in accordance with the environmental closeout procedures before the project can be closed out. The Grantee shall comply with all applicable Federal, State and Local EHP requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws, including: National Environmental Policy Act; National Historic Preservation Act; Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (12898). Grantee must comply with all conditions placed on the project as a result of the EHP review. Any change to the approved project scope of work will require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during the project implementation, the Grantee must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the Grantee will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Page B -4 of 4— Exhibit B — Statement of Project EXHIBIT C - FEMA AWARD LETTER AND GRANT APPLICATION PACKAGE Insert Approved Grant Application behind this page and in front of any Form attachments. C -1 - Application Cover Page U.S. Department of Homeland Security Region VIII Denver Federal Center, Building 710 P.O. Box 25267 Denver, CO. 80225 -0267 •BTAQry`k;.: FEMA R8 -MT September 28, 2011 Dave Hard, Director Colorado Division of Emergency Management 9195 E. Mineral Ave., #200 Centennial, CO 80112 Re: FMA- PJ -08 -CO- 2010 -001 Eagle County - Stone Creek Flood Project Dear Mr. Hard: The above referenced PDMC lan subgrant is approved for funding at $180,000.00 federal share. P g aPP g The Grantee is responsible for completion of all subgrants within the Grant period of performance per the HMA 2010 Guidance, Part VI, B.4. Once received, the subgrant should be awarded by the Grantee within 45 days from the date of this letter, and the subgrantee must then begin the work immediately. As this letter only highlights a few of the items in the Agreement Articles, please carefully review the Agreement Articles with the awarding documents in the eGrants system which references the rules and regulations that govern the PDM program. Quarterly reports must be completed until the subgrant is officially reconciled by FEMA. Quarterly performance and fmancial reports are due on January 31, April 30, July 31, and October 31. Upon completion of this subgrant, all closeout documentation must be submitted to FEMA within 90 days per requirement. Enclosed are environmental document(s) for this subgrant. In your award letter to the subgrantee, please send them a copy of these documents and make them aware of the importance of complying with all conditions of the Finding of No Significant Impact (FONSI). Failure to comply with the environmental conditions could jeopardize or delay federal funding and the success of the subgrant. As you know, an approved subgrant cannot be changed in any way once awarded without authorization from FEMA. Any proposed changes to the scope of work, including design, permitting, or construction activities as described in the environmental documentation must be immediately reported to FEMA and will require additional environmental review. Any correspondence between the subgrantee and federal, state or local agencies related to environmental issues post award must also be reported. www.fema.gov Dave Hard September 28, 2011 Page 2 It is the responsibility of the subgrantee to monitor the environmental conditions stated in the environmental documents and report compliance in their quarterly reports. Once the project is completed and ready to be submitted for closeout, FEMA requires a description of how the environmental conditions were met, a signed copy of the enclosed Environmental Closeout Declaration form, and any copies of required permits not previously submitted with quarterly reports. We will work closely with you and your staff to ensure the success of the project. FEMA's goal is for all approved projects to begin immediately and to be completed within their original performance periods. Please be aware that this project and future projects may be disallowed for non- performance per 44 CFR Part 13.43, or for violation of any federal state or local environmental law or regulation. If you have any questions or concerns regarding the award of this project, please call Mike Hillenburg, HMA Branch Chief, at 303 - 235 -4875 or Wade Nofziger, Colorado's HMA program manager, at 303 - 235 -4719. Sincerely, A Jeanine Petterson, Director Mitigation Division cc: Marilyn Gally, SHMO Deanna Butterbaugh Enclosures: FONSI Environmental Closeout Procedures Environmental Closeout Declaration Form Print Application https : / /eservices. fema .gov /FEMAMitigation/Print.do Subgrant Project Application Application Title: FMA Stone Creek Floodplain, Eagle County, CO Su bg rant Applicant: Eagle County Government Application Number: FMA- PJ- 08 -CO- 2010 -001 Application Year: 2010 Grant Type: Project Application Address: PO Box 850, Eagle, CO 81631 -0850 Applicant Information Name of Applicant Eagle County Government State CO Congressional District 2 Type of Applicant Local Government Legal status, function, and facilities owned: State Tax Number: 04- 0296000 Federal Tax Number: 84- 6000762 Other type name: Federal Employer Identification Number(EIN). If Indian Tribe, 84- 6000762 this is Tribal Identification Number. What is your DUNS Number? 084024447 - Are you the application preparer? Yes Is the application preparer the Point of Contact? Yes Is application subject to review by Executive Order 12372 No. Program is not covered by E.O. 12372 Process? Is the applicant delinquent on any Federal debt? No Explanation: Community: Eagle (County) (99037) Is this a small, impoverished community? No (Note: For L -PDM and PDM -C grants, a response to this question is required.) Federal Identification Processing Standard (FIPS) Place Code Community Eagle (County) (99037) 1 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do Contact Information Point of Contact Information Title Mr. First Name Greg Middle Initial W Last Name Schroeder Title Senior Project Engineer Agency /Organization Eagle County Government Address 1 PO Box 850 Address 2 City Eagle State CO ZIP 81631 - 0850 Phone 970 - 328 -3560 Ext. 3567 Fax 970 - 328 -8789 Email greg.schroeder @eaglecounty.us Alternate Point of Contact Information Title Mr. First Name Rick Middle Initial Last Name MacCutcheon Title General Manager Agency /Organization Eagle Vail Metropolitan District Address 1 PO Box 5660 Address 2 City Avon State CO ZIP 81620 Phone 970 - 748 -4177 Ext. . Fax 970- 748 -4515 Email rickm @eaglevail.org 2 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do Community Information Please provide the name of each community that will benefit from this mitigation activity. County Community CD CRS CRS State US State Legislative Congressional Code Name Number Community Rating District District CO 080051_QBMOZOGFS EAGLE COUNTY* 080051 Y 8 080051 4 Enter Community Profile information below. Help Eagle -Vail is an unincorporated mountain community near the ski towns of Avon and Vail, Colorado in Eagle County. Eagle -Vail is a residential community of 1,400+ homes. The community has an 18 hole golf course, swimming pool and tennis facilities, a pavilion available for meetings and groups, and numerous parks and trail systems. The community of Eagle -Vail is jointly managed by the Eagle -Vail Metropolitan District (EVMD) and the Eagle -Vail Property Owners Association (EVPOA). The EVMD's primary duty is the operation and maintenance of the recreation facilities that exist throughout Eagle -Vail. The EVPOA is primarily an administrative, design review and covenant enforcement organization. Comments Stone Creek is a relatively small perennial creek located adjacent to development as a community amenity. Stone Creek is a south bank tributary to the Eagle River. The area of concern is 7,500 to 7,700 feet elevation. The Stone Creek watershed drains an area of approximately 5 square miles. Stone Creek flows in a northerly direction toward the Eagle River, then splits during a flood to form two confluences through the Eagle -Vail community: a low flow channel called "Golf Club Creek" and a normally dry flood flow easement called "Stone Creek Bypass ". The approximate length of the reach through development is 4,327 feet following Stone Creek to the Stone Creek Bypass, and an additional 5,301 feet following the low flow Golf Club Creek. The average watershed slope is very steep at approximately 875 feet per mile (16 %). Attachments Reach Names.ipq Stone Creek Watershed 11x17.pdf Stone Creek Vicinity Map.pdf Pictures from Stone Creek Floodplain Report.pdf State CO Community Name EAGLE COUNTY * County Name COLORADO County Code EAGLE COUNTY City Code 080051 Fl PS Code 037 Help CID Number 080051 Help CRS Community Y CRS Rating 8 State Legislative District 080051 US Congressional District 4 FIRM or FHBM available? Yes Community Status PARTICIPATING Help 3 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Community participates in NFIP? Yes Date entered in NFIP 05 -07 -1976 Date of most recent Community Assistance Visit 05 -16 -2007 Help (CAV)? 4 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Mitigation Plan Information Is the entity that will benefit from the proposed activity covered by a current Yes FEMA- approved multi- hazard mitigation plan in compliance with 44 CFR Part 201? If Yes, please answer the following: What is the name of the plan? Pre - Disaster Mitigation Plan for Eagle County What is the type of plan? Local MultiJurisdictional Multihazard Mitigation Plan When was the current multihazard mitigation plan 06 -01 -2005 approved by FEMA? Describe how the proposed activity relates to or is consistent with the FEMA- approved The plan addresses Flood Risk and Local Hazard Mitigation. mitigation plan. If No or Not Known, please answer the following: Does the entity have any other mitigation plans adopted? No If Yes, please provide the following information. Plan Name Plan Type Date Adopted Attachment Does the State /Tribe in which the entity is located have a current FEMA- approved Yes mitigation plan in compliance with 44 CFR Part 201? If Yes, please answer the following: What is the name of the plan? State of Colorado Natural Hazards Mitigation Plan What is the type of plan? Standard State Multi- hazard Mitigation Plan When was the current multihazard mitigation plan 01 -03 -2008 approved by FEMA? Describe how the proposed This activity is consistent with the State of Colorado Natural Hazards activity relates to or is consistent Mitigation Plan. The proposed activity directly relates to the following with the State /Tribe's goals as stated in the plan: reducing damage to local critical FEMA- approved mitigation plan. infrastructure; reducing local and state government response and recovery costs; and reducing damages to private property. If you would like to make any comments, please enter them below. To attach documents, click the Attachments button below. Pitkin Eagle PDMP.pdf 5 of 68 10/3/2011 11:23 AM Print Application https:// eservices. fema .gov /FEMAMitigation/Print.do 6 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Mitigation Activity Information What type of activity are you proposing? Help 403.2 - Stormwater Management - Diversions If you selected Other or Miscellaneous, above, please specify: Title of your proposed activity: FMA Stone Creek Floodplain, Eagle County, CO Are you doing construction in this project? Yes If you would like to make any comments, please enter them below. There are five areas of proposed improvements along Stone Creek and the Stone Creek Bypass. Work on the Bypass Channel is not anticipated to need 404 permitting since this is a dry overflow channel and not Waters of the US. Work on Stone Creek may be accomplished under Nationwide permits. Exhibit 1 shows the area near Highway 6 where the bypass channel has diminished capacity. The capacity needs to be re- established by excavating along the alignment of the existing golf cart path. Work will include removal of a cinder block retaining wall and removal of the trail, excavating the channel, and reconstructing the trail. Exhibit 2 shows the area along the Bypass Channel that has limited capacity. Obsolete corrugated metal pipes will be removed from the channel area. Excavation will also be needed to re- establish the capacity. Exhibit 3 shows the key control point to maintain low flows in Stone Creek, but divert flood flows off -line into the Bypass Channel. The existing diversion has collapsed culverts, a crude diversion and a limited capacity channel. The proposed diversion may include a concrete junction box to bring the flow into a 60 -inch pipe to be split between a 30 -inch low flow to Stone Creek and a 60 -inch flood flow pipe to the bypass channel. The Bypass Channel will also be excavated for additional capacity. Exhibit 4 shows two areas of work. An overflow spillway on Stone Creek will be formalized to spill flood flows into the golf course and away from residential structures. Trout Pond has a 42 -inch pipe outlet. However, if Stone Creek overtops and floods Trout Pond, additional outlet capacity is needed. A parallel 35 -inch x 58 -inch arch pipe is proposed to provide emergency overflow capacity. Attachments: Stone Creek - FEMA Grant Index.pdf Stone Creek - FEMA Grant PP Exhibit 1.pdf Stone Creek - FEMA Grant PP Exhibit 2.pdf Stone Creek - FEMA Grant PP Exhibit 3.pdf Stone Creek - FEMA Grant PP Exhibit 4.pdf 7 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Problem Description Please describe the problem to be mitigated. Include the geographic area in your description. Development of the Stone Creek Subdivision began to occur after 1972. Historic flooding of Stone Creek has not been documented or measured. It is likely, however, that floods occurred on Stone Creek when the adjacent Beaver Creek flows were particularly high as measured by a gage. Beaver Creek is an adjacent drainage basin, immediately to the west of Stone Creek basin, with a drainage area of approximately 16 square miles. A gage near its mouth recorded relatively high stream flows during 1983, 1978, and 1984 (in order of magnitude) during its record since 1974. All of these peak flows occurred in the month of June. This indicates snowmelt runoff as the probable cause of the largest floods in the Stone Creek drainage basin. Enter the Latitude and Longitude coordinates for the project area. Latitude: 39.62 Longitude: - 106.49 Attachments: Stone Creek Floodplain Work Map.pdf Hazard Information Select hazards to be mitigated Flood If other hazards, please specify If you would like to make any comments, please enter them below. The effective floodplain mapping for Stone Creek is a Zone A delineation that does not match current mapping topography. The existing regulatory floodplain follows an alignment along Elk Lane which is along the hillside. The regulatory floodplain delineation also does not include the Stone Creek Bypass flood easement. The effective floodplain mapping effort for Stone Creek was performed in the early 1980's, and used coarse mapping that did not accurately project the Stone Creek channel within the Eagle -Vail Subdivision. Specifically, there are areas of Elk Lane, Deer Boulevard, and other areas that are shown to be within the regulatory floodplain that are clearly elevated above the Stone Creek floodplain. In these areas, the regulatory floodplain is completely outside of Stone Creek and Golf Club Creek. Because of these mapping inaccuracies, many residents were being assessed mandatory floodplain insurance by their lenders, as required under the National Flood Insurance Reform Act of 1994. This resulted in substantially large flood insurance premiums for an area that has a very low probably of flooding; much lower than properties located adjacent to waterways. In July 2009 Matrix Design Group submitted a LOMR to FEMA to improve the accuracy of the floodplain mapping along Stone Creek. The FIRM map from December 2007 as well as the revised 100 -year floodplain Matrix Design Group submitted to FEMA for approval in July of 2009 have been attached. Attachments: FM08037C0651 D.pdf Stone Creek Annotated FIRM.pdf Stone Creek LOMR.pdf FIRM Information Is the project located within a hazard area: No 8 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do If other identified high hazard area, please specify: Is there a Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM) available for your project Yes area? Enter FIRM Panel Number: 0651D Is the project site marked on the map? Electronic map attached Select Flood Zone Designation Area of special flood hazard without water surface elevations determined (A) 9 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMiti gation/Print.do Scope of Work What are the goals and objectives of this activity? The goal of this improvement project is flood hazard reduction for the Stone Creek subdivision residential community. A detailed floodplain study was completed in 2009 demonstrating how the community may be impacted by a 100 -year flood. Mitigation measures are proposed which reduce the flooding hazard to residential structures. The objective of the mitigation measures is to preserve the natural channel as an amenity while reducing the susceptibility of the structures to flooding. Briefly describe the need for this activity. Currently, 12 structures or 15 residential units (9 single family residential structures and 3 residential duplex structures)have been identified in the LOMR Zone AE floodplain, and 65 additional structures have been identified within the Shaded Zone X area (areas of flooding less than one foot deep). Flooding is anticipated to be rapid due to rainfall on top of snowmelt in the steep mountain drainage basin. It is expected that there will not be time to respond during a flood to mitigate flood damages (i.e., sand bags). Therefore, to protect safety and property, pre- disaster mitigation measures are recommended to reduce the flood hazard. Describe the problems this activity will address. Flood hazard will be reduced to residential structures. There are 5 work zone areas along Stone Creek to reduce the flood hazard. Not all of the 12 structures noted above can be removed from the flood hazard area by mitigation. Two structures will remain in the floodplain after mitigation. Describe the methodology for implementing this activity. An engineer will be selected to design mitigation measures and obtain necessary permits. Construction drawings will be developed so that a contractor can be selected for the project. An earthwork, rock and pipeline contractor will reconstruct the diversion into the engineered bypass channel and improve conveyance along this bypass. If you would like to make any comments, please enter them below. Attachments: 20091116 FloodMitigationMap REV20091125 (2).pdf Enter Work Schedule Description Of Task Starting Unit Of Time Duration Unit Of Time Work Complete By Point Construction for work on Exhibit 139 DAYS 7 DAYS Contractor 2- Midway of Stone Creek Bypass Prepare Construction Drawings 14 DAYS 90 DAYS Engineer Prepare Bid Documents and 104 DAYS 14 DAYS Engineer Advertise for Bid Construction for work on Exhibit 118 DAYS 21 DAYS Contractor 1 -Near Highway Construction for work on Exhibit 146 DAYS 28 DAYS Contractor 3- Holland Pond Site survey and utility potholing 1 DAYS 14 DAYS Construction for work on Exhibit t4 174 DAYS 21 DAYS Contractor Trout Pond Estimate the total duration of the proposed activity: 195 DAYS 10 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitiigation/Print.do Properties Damaged Property Address: Address line 1 249 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Dudley and Gari Middle Name Last Name Mitchell Home Office Phone Ext. Cell Other Ext. Owner's Mailing Address: Address line 1 9167 E Star Hill Lane Address line 2 Other (PO Box, Route, etc) City Littleton State CO ZIP 80124 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Basement Basement Yes Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 11 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 1,136, 370.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Y es for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Property records were obtained from the Eagle County Assessor's Office and have been included with this grant. Attachments Name Date Attached Stone Creek Structures to be Removed from FP.pdf 12 -03 -2009 PropertyRecords.pdf 05 -27 -2010 12 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do 13 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 227 Cottonwood Road Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Leslie Middle Name A Last Name Melzer Home Office Phone Ext. CeII Other Ext. Owner's Mailing Address: Address line 1 750 S Garfield Address line 2 Other (PO Box, Route, etc) City Denver State CO ZIP 80209 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement Yes Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 14 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged 9 9 rY 9 Pre -Event Fair Market Value 1,189,420.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 15 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 205 Cottonwood Road Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name E. Leigh, B. Susan, and W. Kent Middle Name Last Name Rychel Home Office Ext. Phone Cell Other Ext. Owner's Mailing Address: Address line 1 Address line 2 Other (PO Box, Route, etc) PO BOX 732 City Vail State CO ZIP 81658 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 16 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 547,670.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 17 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 187 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name David Middle Name Last Name Kinsella Home Office Phone Ext. CeII Other Ext. Owner's Mailing Address: Address line 1 Address line 2 Other (PO Box, Route, etc) PO BOX 2544 City Vail State CO ZIP 81658 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number No 18 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 931,170.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 19 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 153 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Ryan Middle Name Last Name Geller Home Office Phone Ext. Cell Other Ext. Owner's Mailing Address: Address line 1 Address line 2 Other (PO Box, Route, etc) PO BOX 9074 City Avon State CO ZIP 81620 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number No 20 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number i Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 813,500.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 21 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 1 S Deer Blvd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Richard Middle Name B. Last Name Weisehan Home Office Phone Ext. Cell Other Ext. Owner's Mailing Address: Address line 1 Address line 2 Other (PO Box, Route, etc) PO Box City Avon State CO ZIP 81620 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 22 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 659,030.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 23 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMiti gation/Print. do Properties Damaged Property Address: Address line 1 30 Coyote Ct Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Brogan Middle Name Last Name Smith LLC Home Office Phone Ext. Cell Other Ext. Owner's Mailing Address: Address line 1 1318 W George St Address line 2 Other (PO Box, Route, etc) City Chicago State IL ZIP 60651 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number No 24 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do Policy Number Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 639,450.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 25 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 205 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Rychel Middle Name Last Name B. Susan, W. Kent & E. Leigh Home Office Phone Ext. Cell Other Ext. Owner's Mailing Address: Address line 1 Address line 2 Other (PO Box, Route, etc) PO Box 732 City Vail State CO ZIP 81658 Does this property have other co- owners N or holders of recorded interest? Property Information: • Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude • Longitude Does this property have an NFIP Policy Number Yes 26 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 547,670.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: • Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within • Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes • Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 27 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 1 N Deer Blvd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Todd Middle Name Last Name Jackson Home Office Phone Ext. CeII Other Ext. Owner's Mailing Address: Address line 1 9 Buchman Dr Address line 2 Other (PO Box, Route, etc) City Loudonville State NY ZIP 12211 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 28 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Farmers Brill Agency -Avon, CO Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 660,120.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard • Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only appiicable when Property Actian Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 29 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 440 E Stone Creek Dr Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name 14th Streamside Duplex Middle Name Last Name c/o David & Sarah Elliott Home Office Phone Ext. CeII Other Ext. Owner's Mailing Address: Address line 1 5616 101st Ave N Address line 2 Other (PO Box, Route, etc) City Brooklyn Park State MN ZIP 55443 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 30 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 620,290.00 Benefit Cost Analysis Performed No Benefit Cost Ratio Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 31 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 440 W Stone Creek Dr Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Carl D. and NelIda L. Middle Name Last Name Hanson Home Office Phone Ext. Cell Other Ext. Owner's Mailing Address: Address line 1 4580 Sumac Lane Address line 2 Other (PO Box, Route, etc) City Littleton State CO ZIP 80123 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2 -4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 32 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema.gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 620,290.00 Benefit Cost Analysis Performed No Benefit Cost Ratio Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 33 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Properties Damaged Property Address: Address line 1 113 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Velma Middle Name Last Name Lane Home Office Phone Ext. CeII Other Ext. Owner's Mailing Address: Address line 1 6121 Falcon Lane Address line 2 Other (PO Box, Route, etc) City Morrison State CO ZIP 80465 Does this property have other co- owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 34 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated: Flood Damage Category 0 -49% Damaged Pre -Event Fair Market Value 1,024,500.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: * Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feet Elevation) First Floor Elevation (only applicable when Property Action is feet Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within * Is there a Flood Insurance Rate Map (FIRM) available Yes for your project area? Is the property site marked on the map? Yes * Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation) determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY * 080051 0651D 12 -04 -2007 Comments Map attached to first property. Attachments 35 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do Decision Making Process Describe the process you used to decide that this project is the best solution to the problem. The LOMR completed in 2009 made it clear that a 100 -year flood of 250 cfs on Stone Creek would have the potential to cause much damage to the community due to shallow sheet flow across the site. The floodplain model evaluated seven flow split conditions whereby the flooding would overtop the banks and sheet flow in a different direction than the defined channel. 12 structures have been identified in the floodplain and 65 additional structures have been identified within the Shaded Zone X area (areas of flooding less than one foot deep). The lower reach has a limited capacity of 80 cfs before overtopping occurs. The original engineering subdivision reserved a drainage easement for flood flows to bypass a majority of the developed community. This bypass channel was intended to have a capacity of at least 300 cfs which is more than the accepted 100 -year flood. However, since the construction of the subdivision in 1972, the condition of this bypass channel has deteriorated and will not function as intended. The process for selecting the preferred solution involved determining the safe allowable flow in the lower reach, re- establishing the flow split into the bypass channel and improving the bypass channel to convey the design flow. In addition, there are opportunities to divert flood flows through the golf course to alleviate the potential of the creek to flood adjacent residential structures. Several community meetings have been conducted to explain improvements that would reduce the flood hazard. The community has embraced these solutions and is pursing this grant to help fund construction. Explain why this project is the best alternative. Easements are already in -place to allow the bypass channel to accept flood flows. Minimal permits are required for work on the bypass channel since this bypass channel only accepts flood flows and is considered "Waters of the U.S." The proposed selected alternative maintains the intent of the engineered community system to mitigate flood hazards. Alternatively, the downstream channel could be improved to convey the full 100 -year flow, however, this would require extensive 404 permitting and upsizing many roadway culverts. Comments: Attached is a list of properties within a flood hazard area. Also attached are maps showing structures within the Zone AE floodplain, structures within the Zone X floodplain, and parcels within the Zone AE floodplain. Attachments: Maps of flooded properties.pdt Properties in Zone X.pdf 36 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. fema .gov /FEMAMitigation/Print.do 403.2 - Stormwater Management - Diversions Federal Share: $ 180,000.00 Cost Unit Unit of Unit Cost Cost Item Name Classification Quantity Measure ($) Estimate ($) Mobilization Construction And Project 1.00 Each $ 12,000.00 $ 12,000.00 Improvement Engineering and Survey Architectural Engineering 1.00 Each $ 34,000.00 $ 34,000.00 Basic Fees Remove Trail Asphalt Demolition And Removal 290.00 Square Yard $ 4.00 $ 1,160.00 Remove Brick Retaining Wall Demolition And Removal 50.00 Linear Foot $ 125.00 $ 6,250.00 Water Control during Construction And Project 60.00 Day $ 300.00 $ 18,000.00 construction Improvement Utility Locates and Potholing Construction Project y 1.00 Each $ 6,000.00 $ 6,000.00 Improvement Fine Grading, Shaping and Construction And Project 1,600.00 Square Yard $ 4.00 $ 6,400.00 Subgrade Prep Improvement Remove 29 "X42" Arch CMP Demolition And Removal 56.00 Linear Foot $ 10.00 $ 560.00 Remove and Salvage 35 "x58" Construction And Project 150.00 Linear Foot $ 12.00 $ 1,800.00 CMP Improvement Traffic Control (Signs and - Construction And Project 1.00 Each $ 6,250.00 $ 6,250.00 Cones) Improvement Excavation (Haul off site) Construction And Project 1,018.00 Cubic Yard $ 25.00 $ 25,450.00 Improvement Embankment CIP Construction And Project 600.00 Cubic Yard $ 8.00 $ 4,800.00 Improvement Maintenance Access Construction And Project 1,450.00 Square Yard Improvement per Inch $ 7.00 $ 10,150.00 Replace Asphalt over pipeline Construction And Project 585.00 Square Yard $ 7.00 $ 4,095.00 Improvement per Inch Diversion Structure Concrete Construction And Project 10.00 Cubic Yard $ 1,250.00 $ 12,500.00 Improvement 30" RCP Construction And Project 30.00 Linear Foot $ 112.00 $ 3,360.00 Improvement Construction And Project 60" RCP Improvement 48.00 Linear Foot $ 250.00 $ 12,000.00 Reinforced Concrete FES and Construction And Project 2.00 Each $ 8,000.00 $ 16,000.00 Cutoff Wall- 60" Improvement Inlet Structure with Rack Construction And Project 1.00 Each $ 6,250.00 $ 6,250.00 Improvement Outlet Structure Construction And Project 1.00 Each $ 3,750.00 $ 3,750.00 Improvement Rock Diversion Structure Construction And Project 26.00 Ton $ 250.00 $ 6,500.00 Improvement Construction Management Construction And Project 1.00 Each $ 12,000.00 $ 12,000.00 Improvement 37 of 68 10/3/2011 11:23 AM Print Application https: / /eservices.ferna.gov /FEMAMitigation /Print.do Re- vegetation Construction And Project 16,248.00 Square Foot $ 1.25 $ 20,310.00 Improvement Remove 18" CMP Demolition And Removal 83.00 Linear Foot $ 25.00 $ 2,075.00 Remove Road Asphalt Demolition And Removal 585.00 Square Foot $ 4.00 $ 2,340.00 Pre -Award Engineering Architectural Engineering 1.00 Each $ 6,000.00 $ 6,000.00 Services Basic Fees Total Cost $ 240,000.00 Total Project Cost Estimate: $ 240,000.00 38 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do Match Sources Activity Cost Estimate $ 240,000.00 Federal Share Percentage 75% Non - Federal Share Percentage 25% Dollars Percentage Proposed Federal Share $ 180,000.00 75% Proposed Non - Federal Share $ 60,000.00 25% Matching Funds Source Agency Name of Funding Type Amount ($) Action Source Agency Local Agency Eagle Vail Property Owner's Funding Association Cash $ 30,000.00 View Details Local Agency Eagle County Cash $ 30,000.00 View Details Funding Grand Total $ 60,000.00 If you would like to make any comments, please enter them below. The Eagle Vail Property Owner's Association (EVPOA) will function as the matching funds for the proposed Non - Federal Share ($60,000). Eagle County may cost share with the EVPOA based upon review and approval of its 2010 budget. If county funds are not approved, then the EVPOA will cover the non - federal share funds. Attachments Funding Source Local Agency Funding Name of Funding Source Eagle Vail Property Owner's Association Funding Type Cash Amount $ 30,000.00 Date of availability 12 -02 -2009 Funds commitment letter date 12 -02 -2009 Attachment (funds commitment letter) E -V Letter of Grant Support2.pdf Funding Source Local Agency Funding Name of Funding Source Eagle County Funding Type Cash Amount $ 30,000.00 Date of availability 01 -01 -2010 Funds commitment letter date 12 -02 -2009 Attachment (funds commitment letter) 20091203 EC Letter.pdf 39 of 68 10/3/2011 11:23 AM Print Application https:// eservices. fema .gov /FEMAMitigation/Print.do IC I 40 of 68 10/3/2011 11:23 AM Print Application https: // eservices. ferna .gov /FEMAMitigation/Print.do • Cost Effectiveness Information Attach the Benefit Cost Analysis (BCA), if completed for this project Stone Creek Inundated Structures FEMA Grant Profile .pdf Stone Cr BCA export 071410.zip Stone Creek Inundated Structures FEMA Grant.pdf PropertvRecords. pdf What is the source and type of the problem? Flooding on Stone Creek in Eagle County, Colorado is the hazard that this project will mitigate. How frequent is the event? Damages are anticipated for 2% annual flood (50 -year flood) and greater. The subdivision has not experienced any flooding recently, but the floodplain study demonstrates the susceptibility to flooding. Based upon the detailed flood model, damages have been shown to occur for the 50 -year flood event and beyond. How severe is the damage? Damages will be the result of shallow flooding. A flood will damage property and building contents. Due to the rapid and unanticipated nature of flooding, human safety could also be a concern and limit the ability to respond to the hazard. What kinds of property are at risk? All structures shown at risk are residential structures, single family and duplex buildings. Are there better, alternative ways to solve the problem? Re- establishment of the engineering flood bypass channel is the best method to reduce the flood hazards to structures downsteam. Alternatively, the channel could be widened and deeped and crossing structures upsizeci to fully contain the 100 -year flood to the channel. However, this would impact Waters of the US and require extensive 404 permitting. Another option considered is upstream detention, however, building a reservoir and dam would have greater environmental impacts and be more costly. The best alternative is to make site specific improvements for flood bypass as planned during the subdivision development. Are the mitigation project costs well documented and reasonable? Yes If you would like to make any comments, please enter them below. Attachments: Damage History Date Event Description of Damage Amount of Damage Total Amount of Damage $ 0.00 41 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fema .gov /FEMAMitigation/Print.do A. National Historic Preservation Act - Historic Buildings and Structures 1. Does your project affect or is it in close proximity to any buildings or structures 50 years or No more in age? If Yes, you must confirm that you have provided the following: The property address and original date of construction for each property affected (unless this information is already noted in the Properties section), A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly), A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property(s) to the project area. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Information gathered about potential historic properties in the project area, including any evidence indicating the age of the building or structure and presence of buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic district. Sources for this information may include the State Historic Preservation Officer, and /or the Tribal Historic Preservation Officer (SHPO /THPO), your local planning office, historic preservation organization, or historical society. Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget. For acquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood proofing as alternatives to demolition. Attached materials or additional comments. Comments: Attachments: B. National Historic Preservation Act - Archeological Resources * 1. Does your project involve disturbance of ground? Yes If Yes, you must confirm that you have provided the following: A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location The past use of the area to be disturbed, noting the extent of previously disturbed ground. A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. 42 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. feria .gov /FEMAMitigation/Print.do To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Any information about potential historic properties, including archeological sites, in the project area. Sources of this information may include SHPO /THPO, and /or the Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified historic properties to the project area. Attached materials or additional comments. Comments: The ground disturbance consists of work along the stream channels to increase the capacity of floodwaters. Additionally, a diversion structure will be constructed to properly divert excess flows into the bypass channel. The enclosed map "Disturbed_Areas" shows the locations of disturbance. Total disturbance will consist of 1018 cubic yards (CY). Historically, the area was utilized as a farming area, and then in the early 1970's, it was platted as a residential golf course community subdivision. The golf course plans graded much of the area, and the creek was rerouted from its present location. Attachments: Disturbed Areas.pdf C. Endangered Species Act and Fish and Wildlife Coordination Act 1. Are Federally listed threatened or endangered species or their critical habitat present in the No area affected by the project? If Yes, you must confirm that you have provided the following: Information you obtained to identify species in or near the project area. Provide the source and date of the information cited. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Any request for information and associated response from the USFWS, the National Marine Fisheries Service (NMFS) (for affected ocean -going fish), or your State Wildlife Agency, regarding potential listed species present and potential of the project to impact those species. Attached materials or additional comments. Comments: 2. Does your project remove or affect vegetation? Yes If Yes, you must confirm that you have provided the following: Description of the amount (area) and type of vegetation to be removed or affected. A site map showing the project area and the extent of vegetation affected. Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: 43 of 68 10/3/2011 11:23 AM Print Application https: // eservices. ferna .gov /FEMAMitigation/Print.do Attached materials or additional comments. Comments: The project involves dredging and removal of vegetation to improve the flow characteristics of the channel. Much of the vegetation is overgrown and would trap debris and other vegetation during a flooding event. Management by selective removal will improve the stream corridor and will not completely remove any species, but will only prune it to better manage it in the corridor. 3. Is your project in, near (within 200 feet), or likely to affect any type of waterway or body of Yes water? If Yes, and project is not within an existing building, you must confirm that you have provided the following: A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet). Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected and possible changes to the water body, if any. Identify all water bodies regardless whether you think there may be an effect A photograph or digital image of the site showing both the body of water and the project area. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and /or your State Wildlife Agency concerning any potential impacts if there is the potential for the project to affect any water body. Attached materials or additional comments. Comments: This project consists of improvements within the stream corridor, and therefore affects Stone Creek. The typical dimensions of the stream are that of a small mountain stream with a typical width of 8' -12' wide and depths of 6" to 3' depending on runoff volumes. Attachments: Disturbed Areas.pdf Photographs zip D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of 'Wetlands) 1. Will the project involve dredging or disposal of dredged material, excavation, adding fill material or result in any modification to water bodies or wetlands designated as "waters of the U.S" as Yes identified by the US Army Corps of Engineers or on the National Wetland Inventory? If Yes, you must confirm that you have provided the following: Documentation of the project location on a USGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or other available wetlands mapping information. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: 44 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fema.gov /FEMAMitigation/Print.do Request for information and response letter from the US Army Corps of Engineers and /or State resource agencies regarding the potential for wetlands, and applicability of permitting requirements. Evidence of alternatives considered to eliminate or minimize impacts to wetlands. Attached materials or additional comments. Comments: It is anticipated that there will need to be coordination with the US Army Corps of Engineers for wetlands permitting. The amount of work done in the wetlands corridor is anticipated to fall within the Nationwide permitting program. Upon grant award, the local USACE office will be contacted and a nationwide permit will be requested. Attachments: Disturbed Areas.pdf E. Executive Order 11988 (Floodplain Management) * 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source indicate that the project is located in or will affect a 100 year Yes floodplain, a 500 year floodplain if a critical facility, an identified regulatory floodway, or an area prone to flooding? If Yes, please indicate in the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See the 8 step process found in 44 CFR Part 9.6.) to help FEMA evaluate the impact of the project: As this mitigation project is designed to change the SFHA in an area that has already been built, the Intent is to remove the SFHA and protect the homes presently built. The area is completely built out, and since the subdivision was platted in 1973, prior to Eagle County's NFIP adoption date in 1978, no floodplain management existed at that time. * 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of its Yes floodplain designation? If Yes, please indicate below any other information ou are providing to help FEMA evaluate the impact of Y P 9 P P the project: Hydrologic /hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify down and upstream effects. Evidence of any consultation with US Army Corps of Engineers (may be included under Part D of the Environmental Information). Request for information and response letter from the State water resource agency, if applicable, with jurisdiction over modification of waterways. Attached materials or additional comments. Comments: There is a recently performed HEC -RAS model on the "existing conditions" of the stream that was submitted to update the in place mapping currently. During the construction document preparation phase and the subsequent LOMR submission, a hydraulic model will be run with the proposed improvements. Attachments: 45 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fena .gov /FEMAMitigation/Print.do F. Coastal Zone Management Act 1. Is the project located in the State's designated coastal zone? No If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project's consistency with the State's coastal zone plan and any potential requirements affecting the cost or design of the proposed activity. Attached materials or additional comments. Comments: Attachments: G. Farmland Protection Policy Act 1. Will the project convert more than 5 acres of "prime or unique" farmland outside city limits to a No non - agricultural use? Comments: Attachments: H. RCRA and CERCLA (Hazardous and Toxic Materials) 1. Is there a reason to suspect there are contaminants from a current or past use on the property No associated with the proposed project? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: 2. Are there any studies, investigations, or enforcement actions related to the property associated No with the proposed project? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: 46 of 68 10/3/2011 11:23 AM Print Application https:// eservices. fema .gov /FEMAMitigation/Print.do Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: 3. Does any project construction or operation activities involve the use of hazardous or toxic No materials? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: 4. Do you know if any of the current or past land -uses of the property affected by the proposed No project or of the adjacent properties are associated with hazardous or toxic materials? If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: Attachments: I. Executive Order 12898, Environmental Justice for Low Income and Minority Populations 1. Are there low income or minority populations in the project's area of effect or adjacent to the No project area? If Yes, you must confirm that you have provided the following: 47 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do Description of any disproportionate and adverse effects to these populations. To help FEMA evaluate the impact of the project, please indicate below any other information you are providing: Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. Attached materials or additional comments. Comments: Attachments: J. Other Environmental /Historic Preservation Laws or Issues * 1. Are there other environmental /historic preservation requirements associated with this project No that you are aware of? If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. Letter attached sent to State Historic Preservation Officer on 12/02/2009. * 2. Are there controversial issues associated with this project? No If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. * 3. Have you conducted any public meeting or solicited public input or comments on your specific proposed mitigation project? No If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort. Attachments: 20091202 State.pdf K. Summary and Cost of Potential Impacts * 1. Having answered the questions in parts A. through J., have you identified any aspects of your proposed project that have the potential to impact environmental resources or historic No properties? If Yes, you must confirm that you have: 48 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do Evaluated these potential effects and provided the materials required in Parts A through J that identify the nature and extent of potential impacts to environmental resources and /or historic properties. Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts. Considered alternatives that could minimize both the impacts and the cost of the project. Made certain that the costs of any measures to treat adverse effects are realistically reflected in the project budget estimate. Comments: Attachments: 49 of 68 10/3/2011 11:23 AM Print Application https: // eservices. ferna .gov /FEMAMitigation/Print.do Maintenance Schedule and Costs Maintenance will include vegetation management, clearing debris and trash, and removal of accumulated sediment. We have used $3600 per year in the Benefit -Cost Analysis for maintenance. We anticipate Provide a maintenance schedule including cost most work will occur as needed, primarily before and after the spring information flood. Very little work will be required during the fall) and winter months due to low flows. Peak flows typically occur in May and June during the snow melt. Most work will be hand work by laborers. Heavy equipment is not expected to be necessary. Identify entity that will perform any Tong -term maintenance Eagle Vail Metropolitan District If you would like to make any comments, please enter them below. Attach letter from entity accepting performance EV Letter of Maintenance Responsibility.pdf responsibility 50 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fema .gov /FEMAMitigation/Print.do Evaluation Information (Part 1 of 4) Is the recipient participating in the Community Rating System Yes (CRS)? If yes, what is their CRS rating? 8 Is the recipient a Cooperating Technical Partner (CTP)? No Is the recipient a Firewise Community? No If yes, please provide their Firewise Community number. Has the recipient adopted building codes consistent with the Yes International Codes? Has the recipient adopted the National Fire Protection Association No 1NFPA) 5000 Code? Have the recipient's building codes been assessed on the Building Yes Code Effectiveness Grading Schedule ( BCEGS)? If yes, what is their BCEGS rating? 3 Is the recipient a Disaster Resistant University? No Is the recipient a Historically Black College or University or a Tribal No College or University? 51 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do Evaluation Information (Part 2 of 4) Describe the desired outcome and methodology of the mitigation activity in terms of mitigation objectives to be achieved. The desired outcome for the mitigation is to remove a majority of the properties from the regulatory floodplain, and to also alleviate any shallow flooding that may occur if an event causes floodwaters to leave the channel. Describe performance expectations and timeline for interim milestones and overall completion of mitigation activity. Upon grant award, a scope of services contract will be negotiated with the design consultant, containing specific milestones for planning, agency coordination, construction document preparation, bidding, contract award, construction, LOMR submission, and contract close out. All major milestones will have set dates to produce a timely project. If a grant award would be made in the spring of 2010, it is anticipated that construction documents would be available in summer of 2010, for a work project to begin in fall 2010. The anticipated completion should not exceed 2 months, and the LOMR submission will proceed during the fall /winter of 2010, with adoption/map revisions in the spring of 2011. Describe how you will manage the costs and schedule, and how you will ensure successful performance. The project will be designed and a set of construction documents will be produced. A competitive public bidding process will select the lowest qualified bidder. Prior to contract award, a detailed construction time schedule and a schedule of values shall be submitted and approved. The contract will also contain a completion date, with penalties to ensure compliance. Upon completion, certification by the engineer of record shall be required and a revised LOMR will document the proposed changes. Describe the staff and resources needed to implement this mitigation activity and the applicant's ability to provide these resources. A design consultant will be utilized to perform the construction document preparation, bidding, construction management, LOMR submission, and other relevant items. The county engineering department has staff that will serve as project manager. If applying for multiple mitigation activities, how do these activities relate? This is the only mitigation activity being applied for, so this is not applicable. 52 of 68 10/3/2011 11:23 AM Print Application https:// eservices. ferna .gov /FEMAMitigation/Print.do Evaluation Information (Part 3 of 4) How will this mitigation activity leverage involvement of partners to enhance its outcome? The project consists of cooperative efforts between the homeowners, the Eagle Vail Property Owner's Association, the Eagle Vail Metropolitan District, and Eagle County. These partners have worked together in updating the flood mapping in the area in a previous project, and this grant request represents the final step in a turnkey solution to flood mapping and mitigation for the Eagle Vail community. How will this mitigation activity offer long -term financial and social benefits? By removing a majority of affected property owners from the regulatory floodplain, both the peace of mind and the financial impacts of controlled floodwaters will offer the long -term financial benefits of the properties that are adjacent to Stone Creek. Additionally, the How does this mitigation activity comply with Federal laws and Executive Orders, and how is it complementary to other Federal programs? This project will comply with all federal laws and executive orders, such as coordination with US Army Corps of Engineers wetlands permitting, Eagle County grading permits, and Colorado Division of Wildlife concerns. What outreach activities are planned relative to this mitigation activity (e.g., signs, press releases, success stories, developing package to share with other communities, losses avoided analysis) and /or how will this mitigation activity serve as a model for other communities (i.e. Do you intend to mentor other communities, Tribes or States? Do you intend to prepare a description of the process followed in this activity so that others may learn from the example ?)? The mitigation project will be communicated through a public meeting with the stakeholders to explain the overall process. Previous public meetings have been held to comprehend the series of questions that many have regarding floodplain and mitigation related activities. Press releases will be available on the communities website, the local newspapers, and the county's website. Because this represents a turnkey solution for being proactive in a floodplain, compared to many mitigation project that occur "after" the event happens, this project represents an ideal project to present at a floodplain conference. Additionally, a fact sheet can be placed on the communities website and run in the newspaper explaining the overall project from start to finish and emphasizing the importance for these types of projects, and how proactive approaches can minimize and /or eliminate any type of insurance and loss claims. 53 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fema .gov /FEMAMitigation/Print.do Evaluation Information (Part 4 of 4) Please provide the percent of the population benefiting from 5.4 this mitigation activity. Given Data: 1432 Residential Structures. 12 Structures within Zone AE. 65 Structures within Shaded Zone X (potential for shallow flooding) 57 Structures within 100' Please explain your response. of a water source. Using those in zones AE and shaded zone x gives 77 directly affected, divided by the community of Eagle Vail's residential) structure count of 1432 gives a percentage of 5.4% Net Present Value of Project Benefits (A) $ 392035.00 Total Project Cost Estimate (B) $ 289680.00 What is the Benefit Cost Ratio for the entire project (NB)? 1.353 Analysis Type FEMA BCA software methodology What is the primary hazard data used for the BCA? Flood What secondary hazards were considered during the BCA? Other Secondary Hazard Does this mitigation activity protect a critical facility? No If yes, please select the type of critical facilities to be protected Comments: Name Date Attached Final Floodplain Impacts.pdf 05 -17 -2010 54 of 68 10/3/2011 11:23 AM Print Application https: // eservices. ferna .gov /FEMAMitigation/Print.do Comments and Attachments Name of Section Comment Stone Creek is a relatively small perennial creek located adjacent to development as a community amenity. Stone Creek is a south bank tributary Stone Creek Water to the Eagle River. The area of concern is 7,500 to 7,700 feet elevation. The Stone Creek watershed drains an area of approximately 5 square miles. Stone Creek flows in a northerly direction toward the Eagle River, Reach Names.ipg Community then splits during a flood to form two confluences through the Eagle -Vail Information community: a low flow channel called "Golf Club Creek" and a normally dry flood flow easement called "Stone Creek Bypass ". The approximate length Pictures from Stone of the reach through development is 4,327 feet following Stone Creek to the Stone Creek Bypass, and an additional 5,301 feet following the low flow Golf Club Creek. The average watershed slope is very steep at Stone Creek Vicinity approximately 875 feet per mile (16 %). Mitigation Plan Pitkin Eagle PDMP. Information - There are five areas of proposed improvements along Stone Creek and the Stone Creek Bypass. Work on the Bypass Channel is not anticipated to need 404 permitting since this is a dry overflow channel and not Waters of Stone Creek - FEMA the US. Work on Stone Creek may be accomplished under Nationwide permits. Exhibit 1 shows the area near Highway 6 where the bypass channel has diminished capacity. The capacity needs to be re- established by excavating along the alignment of the existing golf cart path. Work will Stone Creek - FEMA include removal of a cinder block retaining wall and removal of the trail, excavating the channel, and reconstructing the trail. Exhibit 2 shows the area along the Bypass Channel that has limited capacity. Obsolete corrugated metal pipes will be removed from the channel area. Excavation Mitigation Activity will also be needed to re- establish the capacity. Exhibit 3 shows the key Stone Creek -FEMA Information control point to maintain low flows in Stone Creek, but divert flood flows off -line into the Bypass Channel. The existing diversion has collapsed culverts, a crude diversion and a limited capacity channel. The proposed diversion may include a concrete junction box to bring the flow into a 60 -inch pipe to be split between a 30 -inch low flow to Stone Creek and a 60 -inch Stone Creek - FEMA flood flow pipe to the bypass channel. The Bypass Channel will also be excavated for additional capacity. Exhibit 4 shows two areas of work. An overflow spillway on Stone Creek will be formalized to spill flood flows into the golf course and away from residential structures. Trout Pond has a 42 -inch pipe outlet. However, if Stone Creek overtops and floods Trout Stone Creek - FEMA Pond, additional outlet capacity is needed. A parallel 35 -inch x 58 -inch arch pipe is proposed to provide emergency overflow capacity. The effective floodplain mapping for Stone Creek is a Zone A delineation that does not match current mapping topography. The existing regulatory floodplain follows an alignment along Elk Lane which is along the hillside. FM08037C0651D. The regulatory floodplain delineation also does not include the Stone Creek Bypass flood easement. The effective floodplain mapping effort for Stone Creek was performed in the early 1980's, and used coarse mapping that did not accurately project the Stone Creek channel within the Eagle -Vail Hazard Information Subdivision. Specifically, there are areas of Elk Lane, Deer Boulevard, and Stone Creek Annotat other areas that are shown to be within the regulatory floodplain that are clearly elevated above the Stone Creek floodplain. In these areas, the regulatory floodplain is completely outside of Stone Creek and Golf Club Creek. Because of these mapping inaccuracies, many residents were being Stone Creek Floodpl assessed mandatory floodplain insurance by their lenders, as required under the National Flood Insurance Reform Act of 1994. This resulted in 55 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fema .gov /FEMAMitigation/Print.do substantially large flood insurance premiums for an area that has a very low probably of flooding; much lower than properties located adjacent to waterways. In July 2009 Matrix Design Group submitted a LOMR to FEMA to improve the accuracy of the floodplain mapping along Stone Creek. The FIRM map from December 2007 as well as the revised 100 -year floodplain Stone_Creek LOMB Matrix Design Group submitted to FEMA for approval in July of 2009 have been attached. Scope of Work (Part 20091116 FloodMiti 1) Decision Making Attached is a list of properties within a flood hazard area. Also attached are Properties in Zone X Process maps showing structures within the Zone AE floodplain, structures within the Zone X floodplain, and parcels within the Zone AE floodplain. Maps of flooded pro( The Eagle Vail Property Owner's Association (EVPOA) will function as the matching funds for the proposed Non - Federal Share ($60,000). Eagle E -V Letter of Grant Match Sources County may cost share with the EVPOA based upon review and approval of its 2010 budget. If county funds are not approved, then the EVPOA will 20091203 EC Lette cover the non - federal share funds. Stone Cr BCA export Cost Effectiveness Stone Creek Inunda Information Stone Creek Inund& PropertyRecords.pdi Maintenance Schedule and Costs EV Letter of Mainten Evaluation Information Final Floodplain ImK The ground disturbance consists of work along the stream channels to increase the capacity of EHP - B - National floodwaters. Additionally, a diversion structure will be constructed to properly divert excess flows into Historic Preservation the bypass channel. The enclosed map "Disturbed " Act - Archeological yp p _ Areas Disturbed Areas.pdf shows the locations of disturbance. Total disturbance Reources will consist of 1018 cubic yards (CY). The project involves dredging and removal of vegetation to improve the flow characteristics of the EHP - C - channel. Much of the vegetation is overgrown and would Disturbed Areas.pdf Endangered Species trap debris and other vegetation during a flooding Act and Fish and event. Management by selective removal will improve WildLife Coordination the stream corridor and will not completely remove any Act species, but will only prune it to better manage it in PhotographS.zlp the corridor. It is anticipated that there will need to be coordination with the US Army Corps of Engineers for EHP D - Clean wetlands permitting. The amount of work done in the Water Act, Rivers wetlands corridor is anticipated to fall within the and Harbors Act, and Nationwide permitting program. Upon grant award, the Disturbed Areas.pdf Executive Order local USACE office will be contacted and a nationwide 11990 permit will be requested. 56 of 68 10/3/2011 11:23 AM Print Application https: // eservices. fema.gov /FEMAMitigation/Print.do As this mitigation project is designed to change the SFHA in an area that has already been built, the EHP - E - Executive intent is to remove the SFHA and protect the homes Order11988 presently built. The area is completely built out, and (Floodplain since the subdivision was platted in 1973, prior to Eagle County's NFIP adoption date in 1978, no Management) floodplain management existed at that time. Letter attached sent to State Historic Preservation Officer on 12/02/2009. EHP - J - Other Environmental /Historic 20091202 State.pdf Preservation Laws or Issues Property records were obtained from the Eagle County Assessor's Office and have been included with this grant. PropertyRecords.pol Property - 249 Cottonwood RD Vail 81657 Stone Creek Structi Map attached to first property. Property - 227 • Cottonwood Road Vail 81657 Map attached to first property. Property - 205 Cottonwood Road Vail 81657 Map attached to first property. Property - 187 Cottonwood RD Vail 81657 57 of 68 10/3/2011 11:23 AM Print Application https: / /eservices.fema.gov /FEMAMitigation/Print.do Map attached to first property. Property - 153 Cottonwood RD Vail 81657 Map attached to first property. Property - 113 Cottonwood RD Vail 81657 Map attached to first property. Property - 30 Coyote CT Vail 81657 Map attached to first property. Property - 205 Cottonwood RD Vail 81657 Map attached to first property. Property - 1 N Deer BLVD Vail 81657 ' Map attached to first property. Property - 440 E Stone Creek DR Vail 81657 58 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do Map attached to first property. Property - 440 W Stone Creek DR Vail 81657 Map attached to first property. Property - 1 S Deer BLVD Vail 81657 • 59 of 68 10/3/2011 11:23 AM Print Application https:// eservices. ferna .gov /FEMAMitigation/Print.do Assurances and Certifications Please click the link in the status column to view forms. Forms Status Part II: FEMA Form 20 -16B, Assurances Construction Programs. Complete Part II: FEMA Form 20 -16C, Certifications Regarding Lobbying; Debarment, Suspension and Complete Other Responsibilities Matters; and Drug -Free Workplace Requirements. Part III: SF -LLL, Disclosure of Lobbying Activities (Complete only if applying for a grant of more than $100,000 and have lobbying activities using Non - Federal funds. See Form 20 -16C for lobbying activities definition.) Not Applicable 60 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do FEMA Form 20 -16B, Assurances - Construction Programs Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the nonfederal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications arid will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statues or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 USC Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 USC Sections 1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 USC Sections 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the 61 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferns .gov /FEMAMitigation/Print.do basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 USC Sections 290 -dd -3 and 290- ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 USC Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and Federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 USC Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 USC Sections 276a to 276a -7), the Copeland Act (40 USC Section 276c and 18 USC Section 874), and the Contract Work Hours and Safety Standards Act (40 USC Sections 327 -333) regarding labor standards for federally assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (PL 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC Section 7401 el seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (PL 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PL 93 -205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 USC Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC Section 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 USC Section 469a -1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations, and policies governing this program. 20. It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 USC Section 201), as they apply to employees of institutions of higher education, hospitals, and other nonprofit organizations. 21. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional 62 of 68 10/3/2011 11:23 AM Print Application https:// eservices. fema .gov /FEMAMitigation/Print.do layout, that it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the construction grant program(s) have been met. 22. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such facilities. 23. It will require the facility to be designed to comply with the "American Standard Specification for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A117.- 1961, as modified (41 CFR 101 - 17.703). The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 24. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transfer, for the period during which the real property, or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 25. In making subgrants with nonprofit institutions under this Comprehensive Cooperative Agreement, it agrees that such grants will be subject to OMB Circular A -122, "Cost Principles for Nonprofit Organizations" included in Vol. 49, Federal Register, pages 18260 through 18277 (April 27, 1984). I, Greg Schroeder, hereby sign this form as of 07 -20 -2010. 63 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government -wide Debarment and suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions; Standard Form LLL Disclosure of Lobbying Activities Not Attached (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s)) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510 -A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or locally) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions 64 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Explanation: 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.623: (A) The applicant certifies that it will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2)Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e. regional office or FEMA office. (f) Taking one of the following actions against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance 65 of 68 10/3/2011 11:23 AM Print Application https: // eservices. ferrta .gov /FEMAMitigation/Print.do Street City State ZIP 500 Broadway Eagle CO 81631 -0850 Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a Statewide certification. I, Greg Schroeder, hereby sign this form as of 07 -20 -2010. 66 of 68 10/3/2011 11:23 AM Print Application https: / /eservices. ferna .gov /FEMAMitigation/Print.do APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 07 -20 -2010 (SF 424) 1.TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier Construction 07 -20 -2010 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5.APPLICANT INFORMATION Legal Name Organizational Unit Eagle County Government Eagle County Government Address Name and telephone number of the person to be contacted on matters PO Box 850, involving this application Eagle, CO 81631 -0850 Greg Schroeder, 970 - 328 -3560 3567 6. EMPLOYER IDENTIFICATION 6.a. DUNS NUMBER 7. TYPE OF APPLICANT NUMBER (EIN) 084024447 Local Govemment 84- 6000762 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY Project Application Federal Emergency Management Agency 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT NUMBER 97.029 FMA Stone Creek Floodplain, Eagle County, CO CFDA TITLE FMA 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.) EAGLE COUNTY 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date: a. Applicant CO2 End Date : b. Project CO2 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 180,000.00 No, Program is not covered by E.O. 12372 b. Applicant $ 0.00 c. State $ 0.00 d. Local $ 60,000.00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? No e. Other $ 0.00 f. Program Income $ 0.00 g. TOTAL $ 240,000.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULYAUTHORIZED BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Name of Authorized Representative b.Title c.Telephone Number Greg Schroeder 9703283567 d.Signature of Authorized Representative e.Date Signed Greg Schroeder 07 -20 -2010 67 of 68 10/3/2011 11:23 AM Print Application https: // eservices. ferna .gov /FEMAMitigation/Print.do Comments for FEMA FMA 2010 application for Stone Creek 68 of 68 10/3/2011 11:23 AM Exhibit D State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FF,ATA), As Amended As of 10 -15 -10 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non - Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements, which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non - Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu of money; 1.1.13. A transfer of title to Federally -owned property provided in lieu of money; even if the award is called a grant; 1.1.14. Any award classified for security purposes; or 1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5). 1.2. "Central Contractor Registration (CCR)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.bpn.qov/ccr. 1.3. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.4. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance, other than the Prime Recipient, and includes grantees, subgraritees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.5. "Data Universal Numbering System (DUNS) Number" means the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Page 1 of 4 Dun and Bradstreet's website may be found at: htto: / /fedgov.dnb.com /webform. 1.6. "Entity" means all of the following as defined at 2 CFR part 25, subpart C; 1.6.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.6.2. A foreign public entity; 1.6.3. A domestic or foreign non - profit organization; 1.6.4. A domestic or foreign for - profit organization; and 1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non - Federal entity. 1.7. "Executive" means an officer, managing partner or any other employee in a management position. 1.8. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.9. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to as the "Transparency Act." 1.10. "Prime Recipient" means a Colorado State agency or institution of higher education that receives an Award. 1.11. "Subaward" means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.12. "Subrecipient" means a non - Federal Entity (or a Federal agency under an Award or Subaward to a non - Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.13. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9 -digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's Central Contractor Registration (CCR) profile, if applicable. 1.14. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 1.15.3. Earnings for services under non- equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans; 1.15.5. Above - market earnings on deferred compensation which is not tax- qualiified; 1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 1.16. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 Page 2 of 4 (Public Law 109 -282), as amended by §6202 of Public Law 110 -252. The Transparency Act also is referred to as FFATA. 1.17 "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements. 3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update the CCR information at least annually after the initial registration, and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor's information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Contractor's information. 4. Total Compensation. Contractor shall include Total Compensation in CCR for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and 4.2. In the preceding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and /or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and /or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to CCR and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.qov/dpa/dfp/sco/FFATA.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these supplemental provisions apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a total Award of $25,000 or more, the Award is Page 3 of 4 subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de- obligated such that the total award amount falls below $25,000, the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below. 7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient's address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 7.1.5 Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met; and 7.1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1 Subrecipient's DUNS Number as registered in CCR. 7.2.2 Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non - profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1, 2010, "Award" currently means a grant, cooperative agreement, or other arrangement as defined in Section 1.1 of these Special Provisions. On future dates "Award" may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. Page 4 of 4 EXHIBIT E FINDING OF NO SIGNIFICANT IMPACT (FONSI) AND ENVIRONMENTAL CLOSEOUT PROCEDURES • U.S. Department of Ifomeland Security Region VIII Denver Federal Center. 13e ilding 710 P.O. Box 25267 Denver. CO 80225 -0267 fy� FEMA � (4 hn st EHP -R8 September 23, 2011 Marilyn Gaily Chief of Mitigation and Recovery Operations Colorado Department of Local Affairs Division of Emergency Management 9195 E. Mineral Avenue, Suite 200 Centennial, CO 80112 Re: National Environmental Policy Act Compliance, FMA- PJ- 08 -CO- 2010 -001 Dear Ms. Gaily: Enclosed is a copy of the final Finding of No Significant Impact (FONSI) based on the Environmental Assessment (EA) prepared for the Stone Creek Flood Mitigation, Eagle County, Colorado. Because no substantive comments were received during the public comment period, the draft EA is now final. Please ensure that the subgrantee is aware that compliance with all conditions cif the EA and FONSI is required. Failure to comply with these conditions . could delay or jeopardize federal funding and the success of the project. Any changes to the design or construction of the proposed action as described in the EA and/or the FONSI, must be reported immediately to FEMA. If changes are made, additional environmental review will be required. After the project is completed, please sign the Environmental Closeout Declaration form, document how you rnet the stipulations of the EA and FONSI documents, attach copies of all required permits, and forward with your grant closeout documentation. If you have any questions concerning the environmental documents or these procedures, please do not hesitate to call me at 303 - 235 -4926. Sincerely, - Kr.-----# Richard Myer Deputy Reg' nal Environmental Officer Enclosure FEDERAL EMERGENCY MANAGEMENT AGENCY FINDING OF NO SIGNIFICANT IMPACT Stone Creek Floodplain Mitigation Project (FMA- PJ- 08 -CO- 2010 -001) Eagle County, Colorado September 23, 2011 BACKGROUND Eagle County has requested Federal Emergency Management Agency (FEMA) Pre- Disaster Mitigation Program funding to reduce future flood hazards within the Stone Creek subdivision of the community of Eagle -Vail (39.6191, - 106.4886). Currently, twelve (12) residential structures are located within the floodplain. Flooding in Eagle -Vail would likely be rapid due to rainfall on top of snowmelt events in the steep mountain drainage basin. Therefore, it is expected that there would not be sufficient time to respond during a flood to prevent flood damages. In accordance with the National Environmental Policy Act (NEPA) of 1969, National Historic Preservation Act (NHPA), Executive Order (EO) 11988, EO 11990, and the implementing regulations of FEMA, an Environmental Assessment (EA) was prepared to assess the potential impacts on the human and natural environment, and is incorporated by reference. Two Action Alternatives were evaluated in the attached EA. Alternative 2 would provide flood protection to properties along the segment of Stone Creek and the Stone Creek Bypass Channel by enlarging the existing bypass channel and upgrading existing culverts, diversion structure, and spillway. Alternative 3 would provide flood protection to properties located along Stone Creek by upgrading culverts and spillway on Stone Creek and upgrading culverts on Golf Club Creek. Both Alternative 2 and Alternative 3 have been designed to convey flows associated with the 100 -year flood event. Both Action Alternatives are described in detail in the EA, which was available for public review and comment from August 25, 2011 until September 16, 2011. MITIGATION AND STIPULATIONS The resulting mitigation and stipulations upon which this finding is conditioned are: 1. Excavation and vegetation removal activities would be completed in accordance with Best Management Practices (BMPs) to reduce impacts to soils and water resources. A Grading Permit and a Permit to Construct in a Public Way from Eagle County would be required. 2. Any excess excavated soil would be stockpiled at the existing golf course soil stockpile area. 3. If any off -site fill material is required, it would be obtained from an approved borrow area. 4. Upon completion of construction, the disturbed areas would be revegetated. 5. Fueling of equipment would be at least 50 feet from the stream. 6. The project sponsor would need to obtain a Floodplain Development Permit from the Eagle County Floodplain Administrator. A Letter of Map Revision would be submitted post project. 7. Residents would be notified of any road closures. 8. Dust abatement procedures would be implemented if fugitive dust becomes an issue for local residents. Stone Creek FONSI 1 September 23, 2011 9. If the final design indicates that more than 1 acre would be disturbed, Eagle County would need to obtain a NPDES permit from the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division. As part of the permitting process, Eagle County would also need to prepare a Storm Water Pollution Prevention Plan (SWPPP) describing BMPs that would be used to prevent and/or minimize soil erosion and the movement of sediment during the construction of the project features. 10. Prior to construction, the project sponsor would obtain an appropriate Section 404 permit based on coordination with the U.S. Army Corps of Engineers and confirm adherence to all mitigation requirements as outlined in the Section 404 permit. This permitting process would also include obtaining a Clean Water Act Section 401 Water Quality Certification from the CDPHE. 11. The project sponsor would coordinate with the Utility Notification Center of Colorado regarding the location of utilities within the project area. 12. To assure noise levels remain at acceptable levels, all equipment would be equipped with proper mufflers, construction activities would be limited to daylight hours. 13. If cultural resources are encountered during project activities, work would be stopped until appropriate coordination has been completed with the Colorado State Historic Preservation Office. FINDINGS Based upon the information contained in the attached Final EA completed p m accordance with the National Environmental Policy Act, FEMA's regulations (44 CFR Part 10) for environmental considerations, and Executive Orders (EO) addressing Floodplains (EO 11988), Wetlands (EO 11990), and Environmental Justice (EO 12898), it is found that both Action Alternatives, with the prescribed mitigation measures and stipulations, would have no significant adverse impact on the human environment. As a result of this Finding of No Significant Impact (FONSI), an Environmental Impact Statement will not be prepared, and Alternative 2 or Alternative 3 may proceed, with the associated mitigation measures and stipulations identified above and described in the attached EA. APPROVAL • 9 ZLiZoI Steven Hardegen Date FEMA Region VIII Environmental Officer Stone Creek FONSI 2 September 23, 2011 ENVIRONMENTAL CLOSEOUT PROCEDURES Because the environmental laws fall within FEMA's area of responsibility, verification that the requirements of the environmental documents were met must be provided at the time of grant closeout. The applicant or applicant's agent must certify the conditions stated in the Catex or Fonsi document were met, attach all copies of permits and other required documentation, and submit to FEMA with the closeout packet. Examples of conditions of environmental documents (not all inclusive): 1. Stormwater permits (EPA's NPDES; Section 401 of the Clean Water Act) 2. Dike permit 3. Army Corps of Engineers Section 10 or 404 permits 4. Floodplain development permit 5. Local permits for debris removal; abandonment of private wells, asbestos, etc. 6. Documentation that agency recommendations such as Best Management Practices (mitigation) were followed 7. Documentation that applicant received coordinated approvals from agencies on final design or plan where requested This process begins at the time of grant award by the State. The applicant will have already received a copy of the environmental documentation from FEMA staff outlining the conditions to be met. The State should further emphasize the applicant's responsibilities. The quarterly 404 Report must reflect the progress being made on environmental conditions. The applicant must sign FEMA's Environmental Closeout Declaration and attach a statement or explanation of what action was taken to address each condition or explain why an action was not required. Copies of all permits must be attached. Funding will be jeopardized if environmental conditions are not followed and required permits are not obtained. ENVIRONMENTAL CLOSEOUT DECLARATION: This form must be signed after project completion and submitted as part of the grant closeout documentation. I attest that all conditions listed in the approved project's environmental document were followed and the appropriate permits and documentation are attached. I further attest that none of the issues listed under Project Conditions and Assurances in the project application were encountered, which would have required further environmental coordination with FEMA. Name of Applicant or Applicant's Agent (Print) Title Signature of Applicant or Applicant's Agent Date Project Title 1 Form 1 GRANT FUNDING CHANGE LETTER, Number To the AGREEMENT Between the STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And Insert Grantee's Full Legal Name (Capitalized) Summary Form of Financial Assistance: ❑ Grant ❑ Loan This Amendment Amount Total Award Amount: Agreement Identification: Contract Encumbrance #: (DOLA 's primary identification # for this agreement) Contract Management System #: (State of Colorado's primary identification # for this Grant Original Agreement's CMS #: Funding Change Letter and # for the original agreement) Project Information: Project /Award Number: Project Name: Performance Period: Start Date: End Date: Brief Description of Change(s) in this Grant Funding Change Letter: Program & Funding Information: Program Name Catalog of Federal Domestic Assistance (CFDA) Number (if federal funds): Funding Account Codes: Page F1 -1 of 3 — Grant Funding Change Letter Date: In accordance with §21(J)(iii) of the Original Agreement (hereinafter called "Grant "), as identified on page 1 of this Grant Funding Change Letter, between the State of Colorado, Department of Local Affairs, and , the undersigned commits the following change(s) to the Grant: 1. Maximum Funding. The amount of funds available and specified in §7(A) of the Grant is ❑ increased ❑ decreased by to a new total funds available of for the following reason: 2. Project Budget. The Project Budget table specified in Exhibit B, §4.2 of the Grant is changed to: 3. Payment Schedule. The Payment Schedule table specified in Exhibit B, §5.1 of the Grant is changed to: 4. Code of Federal Domestic Assistance ( "CFDA "). The CFDA number(s) for the Grant is changed to: If more than one CFDA #, list each and the funded amount. Otherwise specify the new CFDA # only. 5. Representative. The representative for the State specified in §16 of the Grant is changed to: insert Name and title of Persons for Department, address, city, state, zip code, and email. 6. Responsible Administrator. The Responsible Administrator specified in Exhibit B, §3.2 of the Grant is changed to insert name of new Responsible Administrator. 7. Other Key Personnel. The Other Key Personnel specified in Exhibit B, §3.3 of the Grant is changed to insert name of new Other Key Personnel. 8. Initial Term Extension. The Termination Date specified in §5(A) of the Grant is extended to 9. Two Month Extension. The Termination Date specified in §5(A) of the Grant is extended to new end date, which can be up to two months from current termination date in accordance with §5(B) of the Grant. The extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 10. Termination for Cause and /or Breach. The Grant is terminated for cause and /or default, effective insert termination date, in accordance with §15(A) of the Grant. Describe cause and /or default resulting in the termination, and if partial termination, describe the aspects being terminated. 11. Early Termination in the Public Interest. The Grant is terminated in the public interest, effective insert termination date, in accordance with §15(B) of the Grant. Specify reason(s) if any for the termination. The above Section(s) are hereby modified accordingly. The effective date of hereof is upon approval of the State Controller. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page F1 -2 of 3 — Grant Funding Change Letter SIGNATURE STATE OF COLORADO John W. Hickenlooper, GOVERNOR DEPARTMENT OF LOCAL AFFAIRS PRE - APPROVED FORM CONTRACT REVIEWER By: Sample Only By: Sample Only Reeves Brown William F. Archambault, Jr. Executive Director Finance and Administration Chief Date: Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. if Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Sample Only Barbara M. Casey, Controller Delegate Date: Page F1 -3 of 3 — Grant Funding Change Letter