HomeMy WebLinkAbout2018-11-13 Meeting AgendaEngineering Services Committee
Meeting
Commission Chamber- 11/13/2018- 1:20 PM
ENGINEERING SERVICES
1.Ms. Francine McCoy regarding the paving of Bussey Road.
(Referred from November 6 Commission meeting)Attachments
2.Approve Amendment #1 to Augusta, GA Soil Erosion,
Sedimentation and Pollution Control (ES&PC) Ordinance dated
May 1, 2018 as requested by AED.
Attachments
3.Approve and adopt the ordinance to establish the Keep Augusta
Beautiful Commission; Article 7, Sections 1-4-95 to 1-4-102 of
the Augusta Code; and waive the second reading. (Referred
from November 6 Commission meeting)
Attachments
4.Approve the Amendment to the Lease Agreement Between
Augusta and Augusta Waste to Energy.Attachments
5.Approve authorization for the Environmental Services
Department to draft a revision to Section 4-2-6 – Fees for use of
Augusta-Richmond County Solid Waste Landfill and to bring
the draft back to the Engineering Services Committee for
review. (Referred from November 6 Commission meeting)
Attachments
6.Approve the Execution of the Amendment to the Lease with
Georgia Waste Systems. Attachments
7.Approve the Inter-Governmental Agreement between Augusta
and Burke County, Georgia for Disposal of Garbage at the
Augusta Landfill.
Attachments
8.Approve Atlanta Gas Light (AGL) Encroachment request to
Place AGL Facility in Augusta, GA Parcel as part of Berckmans
Road Realignment and Widening Project. Also authorized
Attachments
Augusta Engineering Department to process and sign all
associated documents with consultation of Augusta Legal
Counsel.
9.Consider award of Bid #18-295 to Blair Construction, Inc. to
construct the Fort Gordon Cyber CoE Campus Sanitary Sewer
Extension under the Task Order Program for Infrastructure RFQ
#16-178 in the amount of $2,403,595.50. (Referred from
November 6 Commission meeting)
Attachments
10.Discuss the cutting of right-of-way with storm water fees.
(Requested by Commissioner Marion Williams)Attachments
11.Update from staff regarding the city's goat program to
clear/clean the city's detention ponds. (Requested
by Commissioner Marion Williams)
Attachments
12.Motion to approve the minutes of the Engineering Services
Committee held on October 9, 2018.Attachments
www.augustaga.gov
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Ms. Francine McCoy
Department:
Presenter:
Caption:Ms. Francine McCoy regarding the paving of Bussey Road.
(Referred from November 6 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Amendment #1-Revision to Final Stabilization Definition Soil Erosion, Sedimentation and Pollution
Control Ordinance
Department:Engineering
Presenter:Hameed Malik
Caption:Approve Amendment #1 to Augusta, GA Soil Erosion,
Sedimentation and Pollution Control (ES&PC) Ordinance dated
May 1, 2018 as requested by AED.
Background:Augusta, Georgia Area-wide NPDES Permit requires updating
land development ordinances if any revision to these ordinances
occurred at the state or local level. In addition, Augusta,
Georgia is the state delegated Local Issuance Authority (LIA)
for managing land disturbing activities (development) within its
legal boundaries. LIA is required to revise its ES&PC ordinance
if Erosion and Sediment Act is revised. In 2015, the E&S Act
was revised and Augusta, Georgia being LIA is required to
complete its ES&PC ordinance revision accordingly. In
compliance, Augusta revised its ES&PC ordinance in May 2018
and submitted to the State. Upon completion of review, the State
indicated that “Final stabilization” definition needs further
revision.
Analysis:Proposed amendment #1 to ES&PC ordinance is state mandated
requirement and essential for maintaining LIA status. LIA status
is critical for managing land disturbing activities at local level.
Updating ES&PC ordinance is also compliance requirement of
Augusta MS4 Permit.
Financial Impact:No Financial Impact.
Alternatives:Do not approve and suggest alternate way to comply with state
mandated requirement.
Recommendation:Cover Memo
Item # 2
Approve Amendment #11 to Augusta, GA Soil Erosion,
Sedimentation and Pollution Control (ES&PC) Ordinance dated
May 1, 2018 as requested by AED.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
1
Ordinance No.___________
AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF
TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE
7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the Augusta, Georgia Code needs to be updated and revised;
WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia
Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta-
Richmond County;
THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows:
SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted April 20, 2012, provides in
Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the
Augusta, Georgia Board of Commissions that that Article 7 as set forth in “Exhibit A” hereto to
be amended by striking “Exhibit A” its entirety and inserting in lieu thereof new ‘Exhibit B”
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit
A.”
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4,
Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in
AUGUSTA, GA, CODE §§4-2-1 through 4-2-6.
SECTION 4. The Second Reading of this Ordinance is hereby Waived.
Adopted this _______ day of _________________, 2018.
___________________________
Hardie Davis, Jr.
As its Mayor
Attest:
______________________________
Lena J. Bonner,
Clerk of Commission
Attachment number 1 \nPage 1 of 28
Item # 2
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on
_________________, 2018 and that such Ordinance has not been modified or rescinded as of the
date hereof and the undersigned further certifies that attached hereto is a true copy of the
Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading: ________________________
Second Reading: Waived
Attachment number 1 \nPage 2 of 28
Item # 2
3
Amendment #1
October 2018
STRIKE REPLACE
Page 3: Final Stabilization: All soil
disturbing activities at the site have been
completed, and that for unpaved areas and
areas not covered by permanent structures and
areas located outside the waste disposal limits
of a landfill cell that has been certified by
EPD for waste disposal, 100% of the soil
surface is uniformly covered in permanent
vegetation with a density of 70% or greater,
or equivalent permanent stabilization
measures (such as the use of rip rap, gabions,
permanent mulches or geotextiles) have been
used. Permanent vegetation shall consist of:
planted trees, shrubs, perennial vines; a crop
of perennial vegetation appropriate for the
time of year and region; or a crop of annual
vegetation and a seeding of target crop
perennials appropriate for the region. Final
stabilization applies to each phase of
construction.
Page 3: Final Stabilization: All soil
disturbing activities at the site have been
completed, and that for unpaved areas and
areas not covered by permanent structures and
areas located outside the waste disposal limits
of a landfill cell that has been certified by
EPD for waste disposal, 100% of the soil
surface is uniformly covered in permanent
vegetation with a density of 70% or greater,
or landscaped according to the plan
(uniformaly covered with landscaping
materials in planned landscaped areas), or
equivalent permanent stabilization measures
as defined in the Manual (excluding a crop of
annual vegetation and seeding of target crop
perennials appropriate for the region). Final
stabilization applies to easch.
Attachment number 1 \nPage 3 of 28
Item # 2
1
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment
Control in Georgia” published by the Commission as of January 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. City: The Augusta, Georgia (formerly known as Augusta-Richmond County)
6. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
7. County: The Augusta, Georgia (formerly known as Augusta-Richmond County)
Attachment number 1 \nPage 4 of 28
Item # 2
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8. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
9. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
10. Department: The Georgia Department of Natural Resources (DNR).
11. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
12. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
13. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
14. Director: The Director of the Environmental Protection Division or an authorized
representative.
15. District: The Brier Creek Soil and Water Conservation District.
16. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
17. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
18. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
19. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.D.&E. of this ordinance.
Attachment number 1 \nPage 5 of 28
Item # 2
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20. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
21. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or landscaped according to the plan (uniformly covered
with landscaping materials in planned landscape areas), or equivalent permanent
stabilization measures as defined in the Manual (excluding a crop of annual vegetation
and seeding of target crop perennials appropriate for the region). Final stabilization
applies to each phase of construction.
22. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
23. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
24. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
25. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
26. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
26. Local Issuing Authority: Augusta, GA which is certified pursuant to subsection
(a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized
representative.
27. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
Attachment number 1 \nPage 6 of 28
Item # 2
4
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
29. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
32. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009 or the latest).
34. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Planning Commission: The Augusta, GA (Augusta-Richmond County)
Planning Commission.
Attachment number 1 \nPage 7 of 28
Item # 2
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39. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
40. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
41. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
44. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
46. Stabilization: The process of establishing an enduring soil cover of vegetation by
the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
47. State General Permit: The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
Attachment number 1 \nPage 8 of 28
Item # 2
6
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
49. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
Attachment number 1 \nPage 9 of 28
Item # 2
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banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
54. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
55. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the City except and to the extent exempted by
O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance,
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the City;
Attachment number 1 \nPage 10 of 28
Item # 2
8
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in Section IV.E. of this
ordinance, no other land-disturbing activities, except for normal forest management
practices, shall be allowed on the entire property upon which the forestry practices were
conducted for a period of three (3) years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph,
“State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment
from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the City from regulating any
such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10
of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general
permit shall be submitted to the City, the City shall enforce compliance with the
Attachment number 1 \nPage 11 of 28
Item # 2
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minimum requirements set forth in O.C.G.A. §12-7-6 as if a permit had been issued, and
violations shall be subject to the same penalties as violations by permit holders.
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located
within a larger common plan of development or sale under the state general permit, in
which case the City shall enforce compliance with the minimum requirements set forth in
O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the
same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall submit individual lot drainage plan including proposed changes
in lot grade to the Augusta Engineering Department for approval prior to getting a
building permit and conform to the minimum requirements as set forth in section IV of
this article, including, but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or institutional
lot, when such construction disturbs less than one acre and is not a part of a larger
common plan of development or sale with a planned disturbance of equal to or greater
than one acre and not otherwise exempted under this section.
(c) The following projects are exempt from the permit requirements of section V of this
article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part
of any such project shall apply the stormwater management standards for new
development and redevelopment and submit stormwater quality management plan to the
Augusta Engineering Department for approval prior to getting a building permit or
grading permit. All stormwater runoff shall be adequately treated prior to discharge. The
stormwater management system shall be designed to capture and treat the water quality
treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of
rainfall from a site. If the first 1.0 inch of rainfall can be retained onsite then additional
water quality treatment is not required.
(1) New development that creates or adds 5,000 square feet or greater impervious surface
area, or that involve land disturbing activity of one acre of land or greater.
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(2) Redevelopment that creates, adds or replaces 5,000 square feet or greater impervious
surface area, or that involves land disturbing activity of one acre of land or greater.
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV.B. D. & E. of this ordinance. The application of measures and practices shall
apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
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discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
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2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
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from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
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activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the City from adopting rules
and regulations, ordinances, or resolutions which contain stream buffer requirements that
exceed the minimum requirements in Section IV.B. D. & E. of this ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit.
SECTION V
APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans and detailed plans and
requirements of the City that affect the tract to be developed and the area surrounding it.
They shall consult the zoning ordinance, storm water management ordinance, subdivision
ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances,
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rules, regulations or permits, which regulate the development of land within the
jurisdictional boundaries of the City. However, the owner or operator, with owner
notarized written consent, is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Local Issuing Authority without first obtaining a Land Development
Permit (LDA) from the County to perform such activity and providing a copy of Notice
of Intent submitted to EPD if applicable. This also applies to mass grading activities at
individual lots within a common development such as subdivision and a builder shall
obtain a Land Disturbing Permit as well as a building permit to commence construction.
2. The application for a permit shall be submitted to the County and must include the
applicant’s erosion, sedimentation and pollution control plan with a completed checklist
and supporting data, as necessary. Said plans shall include, as a minimum, the data
specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control
plans, together with supporting data, must demonstrate affirmatively that the land
disturbing activity proposed will be carried out in such a manner that the provisions of
Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be
accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation
and pollution control plans. All applications shall contain a certification stating that the
plan preparer or the designee thereof visited the site prior to creation of the plan in
accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $15.00 per disturbed acre (or portion thereof)
shall be charged by the City for each project requiring a permit under this article. The fee
shall be paid at the time the plan is submitted to the County. In addition to the local
permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of
O.C.G.A. §12-5-23, provided that such fees shall not exceed $80.00 per acre of land-
disturbing activity, and these fees shall be calculated and paid by the primary permittee as
defined in the state general permit for each acre of land-disturbing activity included in the
planned development or each phase of development. All applicable fees shall be paid
prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant
to subsection (a) of O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the
Division; except that any and all fees due from an entity which is required to give notice
pursuant to paragraph (9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the
Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the County shall
refer the application and plan to the District for its review and approval or disapproval
concerning the adequacy of the erosion, sedimentation and pollution control plan. The
District shall approve or disapprove a plan within 35 days of receipt. Failure of the
District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the County. No permit will be issued
unless the plan has been approved by the District, and any variances required by Section
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IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section
V B.6., have been obtained. Such review will not be required if the County and the
District have entered into an agreement which allows the County to conduct such review
and approval of the plan without referring the application and plan to the District. The
County with plan review authority shall approve or disapprove a revised Plan submittal
within 35 days of receipt. Failure of the County with plan review authority to act within
35 days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the County may deny the permit application.
6. Bond Requirement: The County may require the permit applicant to post a bond
in the form of government security, cash, irrevocable letter of credit, or any combination
thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed
land-disturbing activity, prior to issuing the permit. If the applicant does not comply with
this section or with the conditions of the permit after issuance, the County may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
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3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
6. Post construction phase shall include water quality controls depicting stormwater
management system designed to meet the City MS4 NPDES Permit and associated
Stormwater Management Plan stormwater Runoff Quality/Reduction performance
standards. The plan shall include specific information regarding maintenance, operation,
and delegation of authority for the system.
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the County of a completed application, providing
variances and bonding are obtained, where necessary and all applicable fees have
been paid prior to permit issuance. The permit shall include conditions under which
the activity may be undertaken.
2. No permit shall be issued by the County unless the erosion, sedimentation and
pollution control plan has been approved by the Augusta Engineering Department
(per the District agreement) and the County has affirmatively determined that the plan
is in compliance with this ordinance, any variances required by Section IV.E. are
obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all
ordinances and rules and regulations in effect within the jurisdictional boundaries of
the City are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
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3. Any land-disturbing activities by the County shall be subject to the same
requirements of this ordinance, and any other ordinances relating to land
development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required for
each phase.
5. The permit may be suspended, revoked, or modified by the County, as to all or any
portion of the land affected by the plan, upon finding that the land disturbing activity
is not in compliance with the approved erosion and sedimentation control plan or that
the holder or his successor is in violation of this ordinance. A holder of a permit shall
notify any successor as to all or any portion of the land affected by the approved plan
of the conditions contained in the permit.
6. The County may reject a permit application if the applicant has had two or more
violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the Richmond
County Tax Commissioner certifying that all ad valorem taxes levied against the
property and due and owing have been paid.
8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However,
any project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review
and approval. The updated ES&PCP Plan must be submitted 30 days prior to the
anticipated start of construction.
9. At completion of Land Disturbing Activities covered under this permit, the disturbed
areas shall be permanently stabilized and NOT shall be submitted as soon as possible
but not later than 45 days from establishment of permanent stabilization. A copy of
NOT shall be provided to Augusta Engineering Department. In case of phased
common development, NOT for the completed phase shall be submitted and ES&PC
Plans shall be modified accordingly.
SECTION VI
INSPECTION AND ENFORCEMENT
A. Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta
Engineering Department will be required.
B. The Augusta Engineering Department will periodically inspect the sites of land-
disturbing activities for which permits have been issued to determine if the activities are
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being conducted in accordance with the plan and if the measures required in the plan are
effective in controlling erosion and sedimentation. Also, the City shall regulate primary,
secondary and tertiary permittees as such terms are defined in the state general permit.
Primary permittees shall be responsible for installation and maintenance of best
management practices where the primary permittee is conducting land-disturbing
activities. Secondary permittees shall be responsible for installation and maintenance of
best management practices where the secondary permittee is conducting land-disturbing
activities. Tertiary permittees shall be responsible for installation and maintenance where
the tertiary permittee is conducting land-disturbing activities. If, through inspection, it
is deemed that a person engaged in land-disturbing activities as defined herein has failed
to comply with the approved plan, with permit conditions, or with the provisions of this
ordinance, a written notice to comply shall be served upon that person. The notice shall
set forth the measures necessary to achieve compliance and shall state the time within
which such measures must be completed. If the person engaged in the land-disturbing
activity fails to comply within the time specified, he shall be deemed in violation of this
ordinance.
1. Residential Construction of Individual Lots: The County Building Inspector will
inspect for compliance with this Ordinance for residential construction on individual lots.
If a project is deemed not in compliance with the approved plot plan, Augusta
Engineering Department will be notified for further action. The contractor and builder
will be issued a written notice to comply with the approved plan. If the contractor/builder
engaged in the land disturbing activity fails to comply within the time specified, he shall
be deemed in violation of this chapter.
C. Augusta Engineering Department shall have the power to conduct such investigations as
it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and
for this purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigation and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
County, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
SECTION VII
PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
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conduct of a business and associated work activities within the jurisdictional boundaries
of the City.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the County shall issue a written warning to the violator. A notice may be in any
written form, including without limitation, a memo, letter, directive or citation to appear
in Magistrate Court. The violator shall have five days to correct the violation. If the
violation is not corrected within five days, the Director or the County shall issue a stop-
work order requiring that land-disturbing activities be stopped until necessary corrective
action or mitigation has occurred; provided, however, that, if the violation presents an
imminent threat to public health or waters of the state or if the land-disturbing activities
are conducted without obtaining the necessary permit, the Director or the County shall
issue an immediate stop-work order in lieu of a warning;
2. For a third and each subsequent violation, the Director or the County shall issue
an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the County or by
the Director or his or her Designee, have been or are being discharged into state waters
and where best management practices have not been properly designed, installed, and
maintained, a stop work order shall be issued by the County or by the Director or his or
her Designee without issuing prior written notices. All such stop work orders shall be
effective immediately upon issuance and shall be in effect until the necessary corrective
action or mitigation has occurred. Such stop work orders shall apply to all land-
disturbing activity on the site with the exception of the installation and maintenance of
temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the County determines that a person engaged in land-disturbing activities at a project
where a Bond was required pursuant to Section V has failed to comply with the approved
plan, the party responsible for the securing the bond shall be deemed in violation of this
Ordinance and a written warning notice to comply shall be served upon that person. The
warning notice shall set forth the measures necessary to achieve compliance with the plan
and shall state the time within which such measures must be completed. If the person
engaged in the land-disturbing activity fails to comply within the time specified, in
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addition to other penalties applicable under this Ordinance, he shall be deemed to have
forfeited his performance bond. The County may call the bond or any part thereof to be
forfeited and use the proceeds to hire a contractor to stabilize the site of the land-
disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
fails or refuses to comply with any final or emergency order issued as provided in this
ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the
purpose of enforcing the provisions of this ordinance, the Magistrate Court of Richmond
County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed
$2,500.00 for each violation. Each day during which violation or failure or refusal to
comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
Attachment number 1 \nPage 24 of 28
Item # 2
22
D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
SECTION IX
ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the
County, or the issuance of a stop-work order, or the determination to call a bond pursuant
to this Ordinance upon finding that the holder is not in compliance with the approved
erosion, sedimentation and Pollution control plan, or that the holder is in violation of
permit conditions, or that the holder is in violation of any ordinance, shall entitle the
person submitting the plan or holding the permit to a hearing before the Augusta
Commission within 30 days after receipt by the City of written notice of appeal. A notice
of appeal pursuant to this subsection must be delivered to the clerk of the Augusta
Georgia Commission within 20 days of the denial, suspension, revocation, unilateral
modification, grant with a condition of a permit, or notice of calling a bond by the
County, of the issuance of a stop-work order pursuant to this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the County, after exhausting his
administrative remedies, shall have the right to appeal denovo to the Superior Court of
Richmond County, Georgia.
SECTION X
EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
Attachment number 1 \nPage 25 of 28
Item # 2
23
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor
impose any liability upon the City, Augusta, Georgia or District for damage to any person
or property.
2. The fact that a land-disturbing activity for which a permit has been issued results
in injury to the property of another shall neither constitute proof of nor create a
presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the
rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1 \nPage 26 of 28
Item # 2
AUGUSTA, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS - Planning & Development Department Augusta Engineering Department
535 TELFAIR ST; STE300 PHONE: (706)821-1796 send a copy to: 452 Walker St. STE110, Augusta, GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)796-5045
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance "Soil Erosion, sedimentation and Pollution Control",
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED
[Augusta Georgia ES&PC Ordinance: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1-This Permit is valid only after signed by both AP&DD Director (or designee) & AED Director (or designee).
2-E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3-No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4-A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5-This permit is non transferrable
* APROVAL CONDITIONS:
AP&DD Director (or DESIGNEE)Date AED Director (or DESIGNEE)DATE
ES&PC Plan Approval Date ____________ E&S Review N0.__________
NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
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Attachment number 1 \nPage 27 of 28
Item # 2
AUGUSTA, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
(xiv) If land disturbing activties do not commence within sixty (60) days from date of Preconstruction Meeting held by the AED, this permit will become
inactive until a new Preconstruction Meeting is arranged and conducted.
General Notes
(i) Provide copy of NOI and associated Fee Payment proof Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department upon completion of permitted construction activities
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
(iv) Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at issuance of "Certificate of Occupancy" .
(v) For phased Development,Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at Platting of respective phase .
Attachment number 1 \nPage 28 of 28
Item # 2
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Approve and adopt the ordinance to establish the Keep Augusta Beautiful Commission; Article 7,
Sections 1-4-95 to 1-4-102 of the Augusta Code; and waive the second reading.
Department:Environmental Services
Presenter:
Caption:Approve and adopt the ordinance to establish the Keep Augusta
Beautiful Commission; Article 7, Sections 1-4-95 to 1-4-102 of
the Augusta Code; and waive the second reading. (Referred
from November 6 Commission meeting)
Background:Keep Augusta Beautiful was started by the Environmental
Services Department, after Commission approval, with defined
efforts to educate the public on litter prevention and recycling,
create opportunities for beautification, develop partnerships, and
coordinate public outreach. Keep Augusta Beautiful is seeking
affiliation with Keep America Beautiful, the national
organization on litter prevention, recycling, and
beautification. Keep America Beautiful’s expertise in
community improvement includes proven programs to address
litter prevention, beautification, and waste reduction and
recycling in our community; and would be an overall benefit to
Augusta. One of the key requirements for affiliation with Keep
America Beautiful is to formally establish the governing
documents including ordinances, an Executive Board, staffing,
and By-Laws. Keep Augusta Beautiful received Commission
approval to work on city ordinances that will create the Keep
Augusta Beautiful Commission. This item is requesting
approval for the attached ordinance.
Analysis:The ordinance is designed to establish and set the membership
requirements of the Executive Board, the purpose of the
Advisory Group, Duties of the Program Manager, general
responsibilities of each, and Financial Powers of the
organization. The Executive Board will be made up of between
nine and 12 members, with representatives from each
Commission District, Board of Education, local business, non-
profit organization, and government agencies. One person may
represent more than one group. Each member will serve a 2-year
Cover Memo
Item # 3
term and may serve no more than 3 successive terms. Once the
board is established, they will choose a chairperson, secretary,
and vice-chairman. The Board will provide recommendations for
programs, initiatives, address issues, and insure the KAB group
meets or exceeds the requirements of Keep America Beautiful.
The Program Manager serves as a member of the Board, but also
serves to complete the day to day mission of the KAB office.
This position sits within the Environmental Services
Department, with oversight by the Director. An Advisory Group
is also established to seek input from the community members.
KAB and ESD recognize that community support and input is
vital to the growth of the organization and its initiatives.
Financial Impact:There is no financial impact to the adoption of the Ordinance.
Alternatives:1. Do not approve and request the Department to make
additional changes to the content of the ordinance. 2. Request
the Department return for a second reading.
Recommendation:Approve the ordinance as written, and waive the second reading.
Funds are
Available in the
Following
Accounts:
None required.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
2018 1
ORDINANCE NO. ____________________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE ONE,
CHAPTER FOUR, ARTICLE SEVEN, BY ADDING NEW SECTIONS TO BE
DESIGNATED SECTIONS 1-4-95 THROUGH 1-4-102; TO RE-ESTABLISH THE
AUGUSTA-RICHMOND COUNTY BEAUTIFICATION-CLEAN COMMUNITY
COMMISSION AS KEEP AUGUSTA BEAUTIFUL; TO CREATE MEMBERSHIP
GUIDELINES, ESTABLISH DUTIES AND RESPONSIBILITIES, AND BY-LAWS FOR
KEEP AUGUSTA BEAUTIFUL; TO REPEAL ALL CODE SECTIONS AND ORDINANCES
AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA CODE, Title 1, Chapter 4, Article 7, as set forth in the
AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in
its entirety as set forth in “Exhibit A” hereto.
SECTION 2. AUGUSTA, GA CODE, Title 1, Chapter 4, Article 7, is hereby amended to add
new sections to be designated Sections 1-4-95 through 1-4-102 as set forth in “Exhibit B”
hereto.
SECTION 3. This ordinance shall be effective immediately after its adoption in accordance
with applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning
events held on public property in conflict herewith are hereby repealed.
Adopted this _____ day of__________, 2018.
___________________________
Hardie Davis, Jr.
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 1 of 7
Item # 3
2018 2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on November 4, 2014 and that
such Ordinance has not been modified or rescinded as the date hereof and the undersigned further
certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
________________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle
DATE: __________________________
Attachment number 1 \nPage 2 of 7
Item # 3
2018 3
Exhibit A
STRIKE:
SECS. 1-4-95—1-4-102. RESERVED.
Attachment number 1 \nPage 3 of 7
Item # 3
2018 4
Exhibit B
ADD NEW:
ARTICLE 7. AUGUSTA-RICHMOND COUNTY BEAUTIFICATION-CLEAN COMMUNITY
COMMISSION
Secs. 1-4-95 Created; Purpose; Name
The Augusta-Richmond County Beautification-Clean Community Commission shall hereinafter be referred to
as the Keep Augusta Beautiful Commission (cited as Keep Augusta Beautiful). A Keep Augusta Beautiful
Commission is hereby created for the purpose of advising the Augusta, Georgia Commission in establishing
an Augusta-wide policy for decreasing the amount of litter in Augusta, providing beautification opportunities
for citizens, and educating the public on recycling and its benefits.
Secs. 1-4-96 Membership
The Keep Augusta Beautiful Commission provided for herein shall be comprised of a total of nine (9) but no more
than twelve (12) members. One (1) member will be a non-voting position filled by the Program Manager/Executive
Director. The remaining eight (8) to eleven (11) members will be selected and filled based on the following criteria:
1. One member shall be from the Board Of Education/Richmond County School System
2. One Member shall be from eight (8) of the Augusta Commission Districts
3. At least one (1) member will represent local businesses/nonprofits.
4. At least one (1) member will represent government agencies.
Member composition may overlap in the above mentioned criteria and must be made up of those representing
businesses and professional groups, trade unions, education groups, civic clubs, government agencies, and the general
public. The Keep Augusta Beautiful Commission shall operate under the purview of the Augusta Environmental
Services Department.
The Keep Augusta Beautiful Commission shall function as the Executive Board of Keep Augusta Beautiful. The
Mayor shall be an ex officio member of the Keep Augusta Beautiful Commission.
Secs. 1-4-96-1 Advisory Group
All citizens have the opportunity to provide feedback and seek answers to their questions through the use of the
Advisory Group meetings. All concerns presented during the Advisory Group meeting will be taken back to the
Executive Board for consideration. The Advisory Group does not direct the Executive Board or Keep Augusta
Beautiful.
Secs. 1-4-97 Length of Term
Attachment number 1 \nPage 4 of 7
Item # 3
2018 5
Executive Board members shall serve no more than three (3) successive terms. Each term to last no more than
2 years.
Secs. 1-4-98 Duties of the Program Manager/Executive Director
That the Program Manager/Executive Director of Keep Augusta Beautiful shall be the non-voting member of
the Executive Board. The Program Manager/Executive Director shall be custodian of all minutes and records
of Keep Augusta Beautiful and perform such other duties as the Executive Board may deem necessary and
consistent with both the responsibilities of the Keep Augusta Beautiful Commission and his/her
responsibilities to Augusta, Georgia through the Augusta Environmental Services Department Director.
Secs. 1-4-99 Officers; Meetings; Quorums
(a) Those five (5) but no more than seven (7) members of the Keep Augusta Beautiful Commission shall
constitute a quorum for the conduct of business. The members of the Keep Augusta Beautiful
Commission shall regularly attend meetings and shall serve without compensation except for
reimbursement of authorized expenses attendant to the performance of their duties.
(b) The Keep Augusta Beautiful Commission shall hold an organizational meeting at least once per year
and shall elect a Chairman, Vice-Chairman, and Secretary from among its members before
proceeding to any other matters of business. The Keep Augusta Beautiful Commission shall meet
regularly and shall designate the time and place of its meetings. Newly-appointed members shall be
installed at the first regular meeting after their selection.
(c) The Keep Augusta Beautiful Commission shall adopt its own bylaws and rules of procedure and keep
a record of its proceedings in accordance with the provisions of the Augusta, Georgia Code of
Ordinances and the Augusta, Georgia Consolidation Act. The secretary of the Keep Augusta
Beautiful Commission shall take minutes of all meetings of the Keep Augusta Beautiful Commission
and keep records of all regularly scheduled meetings and other pertinent actions or proceedings. In
the event that the Keep Augusta Beautiful Commission Secretary is unavailable, the Keep Augusta Beautiful
Administrative Assistant will take the minutes.
(d) Every other month a report shall be submitted to the Keep Augusta Beautiful Commission showing
the cumulative attendance of each member with notation of members who have been absent from
three (3) consecutive meetings.
Secs. 1-4-100 Responsibilities
The Keep Augusta Beautiful Commission shall recommend policies related to community improvement with
a focus in the areas of litter prevention, beautification, and waste reduction and recycling to the Augusta,
Attachment number 1 \nPage 5 of 7
Item # 3
2018 6
Georgia Commission so all Augusta activities might follow a common purpose. The Keep Augusta Beautiful
Commission shall have the following responsibilities:
1. Develop Augusta-wide refuse and environmental policy plan(s);
2. Evaluate Augusta actions in light of that policy;
3. Determine and recommend, to the Augusta, Georgia Commission, management and program priorities on a
Augusta-wide basis;
4. Recommend enforcement and additional program alternatives;
5. Monitor Augusta performance from data collected and examined under the Keep America Beautiful,
Inc. Affiliate System guidelines and make an annual report to the Augusta, Georgia Commission; and
6. Carry out such other related tasks as the Augusta, Georgia Commission may designate.
To accomplish these responsibilities the Keep Augusta Beautiful Commission shall establish sub-committees such as,
but not limited to, the areas of Business and Industry, Communications, Education, Finance/Fundraising, and
Cleanup.
A Keep Augusta Beautiful Commission member will chair each sub-committee with an unspecified number
of community volunteers chosen by the Keep Augusta Beautiful Commission as working sub-committee
members.
Secs. 1-4-101 Financial Powers limited
Augusta, Georgia, within the budgetary appropriation process, shall furnish office space, supplies, telephone, postage,
and secretarial support for the Program Manager/Executive Director. Augusta, Georgia, within the Augusta, Georgia
Commission-imposed budgetary restraints, shall also supply additional funds for Keep Augusta Beautiful Commission
activities involving travel or training for the Program Manager/Executive Director and staff, as needed, upon approval of
the Environmental Services Department Director.
Augusta, Georgia, within the budgetary appropriation process, shall pay the Program Manager’s/Executive
Director's salary. Such salary and other expenses, whether specifically enumerated in the preceding
paragraph or not, may be paid from donations when received by Augusta from the general public, business,
industry, foundations and other sources for the purposes embraced by the scope of the Keep Augusta
Beautiful Commission's purpose and responsibilities, administered in accordance with standard Augusta,
Georgia policy and practice governed by statutes, the consolidation act, and ordinances.
The Keep Augusta Commission shall not have the power to financially obligate Augusta, Georgia without
prior approval of the Executive Board, Augusta Director of Environmental Services Department, and the
Augusta, Georgia Commission.
Secs. 1-4-101-1 Funding
Attachment number 1 \nPage 6 of 7
Item # 3
2018 7
The Keep Augusta Beautiful Commission shall submit budget requests annually in a manner prescribed by
the Augusta Director of Environmental Services Department, as established by ordinance or regulation of
Augusta, Georgia. The annual budget requests of Keep Augusta Beautiful are subject to approval by the
Augusta Director of Environmental Services Department and the Augusta, Georgia Commission.
Keep Augusta Beautiful may make application to state, federal, or private funds and grants and may use any
funds so received in the performance of duties and functions prescribed by this article. The Keep Augusta
Beautiful Commission shall not be authorized to make application for state, federal or private funds and
grants over $20,000.00 without prior official approval of the Augusta, Georgia Commission for a given grant ,
bequest or devise of real property, money or personal property to be applied, principal or income, for either
permanent or temporary use for commission purposes if the acceptance of any such gift, grant, bequest or
devise will subject Augusta to additional expense of any nature or obligation of any kind.
Secs. 1-4-102
That it is hereby declared to be the intention of the Augusta, Georgia Commission that the sections,
paragraphs, sentences, clauses and phrases of the Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional or illegal by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the
remaining phrases, clauses, sentences or paragraphs and sections of this Ordinance, since the same would
have been enacted by the Augusta, Georgia Commission without incorporation in this Ordinance of any such
unconstitutional or illegal phrase, clause, sentence, paragraph or section.
Attachment number 1 \nPage 7 of 7
Item # 3
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Approve the Amendment to the Lease Agreement Between Augusta and Augusta Waste to Energy.
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Amendment to the Lease Agreement Between
Augusta and Augusta Waste to Energy.
Background:Augusta entered into a lease agreement with Augusta Waste to
Energy in September 2017 for the use of a section of land at the
Augusta Landfill property, the purchase of waste, and the
construction of a waste reclamation facility. In that initial lease
agreement, certain timelines were set which, due to outside
circumstances, the two parties were not able to meet. The
original Agreement provided that the permitting and engineering
be completed within 9 months of the execution of the
Agreement. This amendment is to adjust those timelines to
continue project development; and to ensure that post-closure
financial assurance is performed annually and is not the
responsibility of Augusta.
Analysis:The development of the waste reclamation facility is a rather
complex task. The Lessee – Augusta Waste to Energy, had to
obtain a Solid Waste Handling Permit from the Georgia EPD, as
well as perform some civil engineering tasks, tests, and reports;
as well as obtain a Land Disturbance Permit. The permitting has
proven to take much longer than originally anticipated. In
addition, the Augusta Landfill needed a modification to the
property line in order to meet the size requirements of the
proposed facility. Augusta, to date, has not yet received that
approval from the EPD, either. In speaking with the EPD
representatives, they anticipate that approval will be issued to
Augusta within the next couple of weeks. Secondly, EPD
required Augusta Waste to Energy provide for the post-closure
costs for the facility and to provide financial assurance that those
costs will be covered. Augusta added a term to the lease at
Cover Memo
Item # 4
Section 4.4 and at Section 13.1 which states that Augusta Waste
to Energy is responsible for those costs, which are estimated at
$1.4M, and will be responsible for certifying that amount to the
State of Georgia on an annual basis.
Financial Impact:There is no impact to Augusta at this time, however this project
will have a positive impact to Augusta and the Augusta
Landfill’s operations once on-line.
Alternatives:1. approve the amendment and allow the project to progress. 2.
do not approve the amendment and require further negotiation
between Augusta and Augusta Waste to Energy.
Recommendation:1. approve the Amendment and execution of the document.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
Page 1 of 4
AMENDMENT TO SITE LEASE AGREEMENT
This AMENDMENT TO SITE LEASE AGREEMENT (the “Amendment”) is made this
___ day of _______________, 2018 (the “Effective Date”), by and between AUGUSTA
WASTE TO ENERGY, LLC (the “Lessee”) and AUGUSTA, GEORGIA, a political subdivision
of the State of Georgia (the “Lessor”). Lessor and Lessee are each individually also referred to as
a “Party” and collectively, as the “Parties.”
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Site Lease Agreement dated
September 26, 2017 (the “Lease”) to lease land for a Processing Site located at Lessor’s Landfill
in Blythe, Georgia (the “Premises”).
WHEREAS, the Parties desire to amend the established timelines, financial liability
requirements, and other provisions of the Lease pursuant to the terms of this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants of Lessor and Lessee,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby covenant and agree as follows:
1. Capitalized terms not defined herein shall have the meaning ascribed to such term in the
Lease.
2. Section 3.6, Conditions Precedent to Lessee’s Obligation to Lease Processing Site, is
hereby deleted in its entirety and replaced with the following:
3.6 Conditions Precedent to Lessee’s Obligation to Lease Processing Site. Lessee’s
obligation to lease the Processing Site and to perform all other obligations of
Lessee under the terms and conditions of this Lease are subject to fulfillment of
the following “Conditions Precedent” on or before eighteen (18) months after the
execution of the Lease, except that any of the same may be waived by Lessee in
its sole discretion, in writing:
(a) Satisfactory completion of the Inspections by Lessee to confirm that the
Processing Site is an appropriate location for Lessee to operate a
Processing Facility
(b) Satisfactory ALTA/ACSM survey of the Processing Site and any
improvements (the “Survey”);
(c) Satisfactory environmental reports and condition, including a Phase I
report;
(d) Satisfactory soil borings to confirm geotechnical characteristics of the
Processing Site;
Attachment number 1 \nPage 1 of 4
Item # 4
Page 2 of 4
(e) Satisfactory cross access and other appropriate easements, which Lessor
shall provide to Lessee as required by Lessee.
(f) Lessor’s completion of its obligations set forth in Section 2.2 above.
Additionally, the obligations of Lessee under this Lease are subject to fulfillment of the
following “Additional Condition Precedent” on or before eighteen (18) months after the
execution of this Lease: Lessee shall have entered into agreements and received Permits
and all other necessary governmental authorizations on terms and conditions acceptable
to Lessee, in Lessee's sole discretion, that shall: (i) enable Lessee to accept delivery of
Municipal Solid Waste from Lessor and process it in accordance with Lessee’s business
model and facility design; and (ii) enable Lessee to finance, build and operate the
Processing Facility on the Processing Site.
3. Section 4.4, Improvements, is hereby deleted in its entirety and replaced with the following:
4.4 Improvements. Lessor and Lessee intend and agree that, subject to the terms and
conditions of this Lease, the Lessee’s improvements including the Processing
System, shall be and remain the personal property of Lessee, and shall at no time
become a fixture with respect to the Processing Site. Upon termination or
expiration of this Lease, title to any improvements situated or erected on the
Processing Site, and any alteration, change or addition thereto, shall remain solely
in Lessee. Within one hundred and eighty (180) days of the expiration or earlier
termination of the Initial Term (or any extension thereof), all processing
equipment installed, including any building or other improvement, shall, at
the option of Lessee: remain the property of the Lessee and be removed; Lessee
may demolish and dispose of any or all of the foregoing; and/or Lessee may
abandon the same on the Processing Site if the Lessor has consented to such
abandonment in writing. Provided, however, should the Lessor desire that any of
the foregoing improvements remain at the Processing Site despite Lessee’s desire
to remove the same, Lessor shall pay Lessee the fair market value, as determined
at the time of the acquisition, for such improvement(s). Should Lessee decide to
remove any equipment and/or other improvement, such removal shall be done in
such a manner that it does not damage the integrity of any abandoned or
purchased improvement that the Lessor has elected to retain. Lessee shall be
solely responsible for any post-closure costs and liability for the premises
associated with the termination of the Agreement.
4. Section 13.1, Lessee’s Insurance is hereby deleted in its entirety and replaced with the
following:
13.1 Lessee’s Insurance. Lessee shall at all times carry and maintain, at its own
expense, the minimum insurance coverage set forth in this Section 13. 1. The terms and
conditions of such insurance policies (including the amount, scope of coverage,
deductibles and self-insured retentions) shall be commercially reasonable and the
coverage shall be on an occurrence basis:
Attachment number 1 \nPage 2 of 4
Item # 4
Page 3 of 4
(a) Commercial GL: no less than $1,000,000.
(b) Auto Liability – single limit: no less than $1,000,000, including
coverage for owned, non-owned and hired vehicles for both bodily
injury and property damage.
(c) Property/Machinery Breakdown “all risk” insurance for
replacement cost for Processing System and shall include business
interruption coverage.
(d) Pollution Liability Coverage: no less than $ 2,000,000.
(e) Worker’s Compensation insurance, covering liability under
applicable worker’s compensation law, at the statutory coverage
levels; and
(f) $1,000,000 Employer Liability.
The State of Georgia also requires that Lessee provide financial assurance to cover the
amount of waste that Processing Site will handle at its maximum capacity, in the event that the
Processing Sire is abandoned or ceases to operate. The amount of financial assurance required
by the State of Georgia for Lessee’s Processing Site is approximately $1,400,000.00. Such
amount shall be certified by the State of Georgia on an annual basis. Lessee shall be solely
responsible for such required financial assurance and certification. Failure of Lessee to do so
shall result in a breach of this Agreement and automatically terminate this Agreement.
5. All other terms and conditions of the Lease that are not modified by this Amendment shall
continue in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment number 1 \nPage 3 of 4
Item # 4
Page 4 of 4
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the
Effective Date.
LESSOR:
LESSEE:
AUGUSTA, GEORGIA AUGUSTA WASTE TO ENERGY, LLC
By:
By:
Name: Hardie Davis, Jr. Name: C. Dean Alford
Title: Mayor Title: President and CEO
Attest:________________________________
Lena J. Bonner, Clerk of Commission
Attachment number 1 \nPage 4 of 4
Item # 4
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Approve the Environmental Services Department to draft a revision to Section 4-2-6 – Fees for use of
Augusta-Richmond County Solid Waste Landfill.
Department:Environmental Services
Presenter:
Caption:Approve authorization for the Environmental Services
Department to draft a revision to Section 4-2-6 – Fees for use of
Augusta-Richmond County Solid Waste Landfill and to bring
the draft back to the Engineering Services Committee for
review. (Referred from November 6 Commission meeting)
Background:The fees to use the Deans Bridge Road landfill are set in
Augusta Ordinance. Section 4-2-6 has not been updated in
approximately 12 years, and the ESD would like to take the
opportunity to review this section of the Code and propose an
updated rate structure for the use of the landfill. The current
rates are market-competitive; however in order to remain in
good financial status, to work to attract additional customers to
the facility, and to reflect current operations; minor updates are
requested at this time.
Analysis:The current rate structure can be viewed in the attachments.
What ESD is proposing at this time is to establish a separate rate
for clean Construction and Demolition debris; establish a rate for
the intake of commercial quantities of recyclables; and to
increase the minimum charge to $6. While these changes are
small, they do allow the landfill to remain competitive.
Currently C&D is charged at the same rate as garbage - $33.50
per ton; however, in reviewing rates charged at other landfill
facilities in the area; the rate charged for C&D is much lower.
Establishing a separate rate for C&D will allow Augusta to
market that rate and attract more customers. The current
customer who has clean construction debris will haul to the
closest facility with the lowest rate. This is not a large waste
stream for Augusta, but ESD wants to draw as many of those
customers to the facility as possible. Secondly, the recycling
markets have changed, and Augusta has received inquiries
regarding the intake of larger quantities of recyclable materials.
Cover Memo
Item # 5
At this time, the majority of what ESD handles is what is
collected by the contracted haulers and those items dropped off
at the recycle drop-off locations. However, there is additional
opportunity for Augusta to handle more recyclables; but ESD
would need to cover the operating cost in order to do so.
Establishing a rate for commercial quantities of recyclables
would, again, allow for additional revenue opportunities for the
landfill operations. Finally, ESD is proposing to add a term to
the Ordinance which would allow the Administrator to approve
negotiated rates for landfill disposal for defined projects. The
ESD does not want to be overlooked when large construction
projects are being undertaken in the area because we have no
flexibility on the disposal rates. These are designed to be short-
term, project-specific rates that would be negotiated and
documented.
Financial Impact:There is no financial impact at this time; and the proposed
adjustments will serve to attract additional customers.
Alternatives:1. Do not allow the work to proceed on the Ordinance
adjustment, and keep landfill operations stagnant. 2. Propose
additional changes to the rate structure in addition to those
mentioned above.
Recommendation:Allow ESD to work with the Law Department to draft an update
to this Section.
Funds are
Available in the
Following
Accounts:
No funds are needed at this time.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 5
Attachment number 1 \nPage 1 of 3
Item # 5
Attachment number 1 \nPage 2 of 3
Item # 5
Attachment number 1 \nPage 3 of 3
Item # 5
Attachment number 2 \nPage 1 of 2
Item # 5
Attachment number 2 \nPage 2 of 2
Item # 5
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Approve the Execution of the Amendment to the Lease with Georgia Waste Systems
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Execution of the Amendment to the Lease with
Georgia Waste Systems.
Background:The Environmental Services Department entered into a Lease
Agreement with Georgia Waste Systems in 2007 for the use of
the property located at 3946 Goshen Industrial Blvd, that is
owned by Georgia Waste Systems. The property contains a
waste transfer station building that Augusta uses to transfer the
recyclable materials that are collected from the residents, load
them into Augusta tractor trailers, and haul the materials to the
appropriate processing facility. This facility is uniquely
constructed for this purpose, and fits the needs of Augusta's
collection operation.
Analysis:Georgia Waste Systems has proposed an amendment to the
current lease, which involves a significant increase in the
monthly rent payment for the use of the facility. The previous
rent was $1000 per month, however, this has been raised to
$7500 per month by the owner. Since this is a facility that
Augusta is currently using, and there are no other facilities in
Augusta with this same configuration, it is recommended at this
time that the Amendment be executed and the lease be continued
on a month-to-month basis while ESD pursues other options for
this piece of the collection operations. The price increase goes
into effect in January 2019.
Financial Impact:Funding is programmed into the 2019 budget in the amount of
$90,000 in account 542 04 4110 52-24111.
Alternatives:1. Do not approve the amendment and force ESD to expend
additional funds to quickly adjust the recycle operations and find
an appropriate alternative location. 2. pursue purchase of the
facility, however this may be outside of current budgetary
Cover Memo
Item # 6
limitation. 3. Approve the amendment and allow ESD the time
to research, adjust, and properly procure an alternative solution.
Recommendation:Approve the execution of the Amendment to the Lease.
Funds are
Available in the
Following
Accounts:
Funding is programmed into the 2019 budget in the amount of
$90,000 in account 542 04 4110 52-24111.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Page 1 of 2
AMENDMENT TO AGREEMENT FOR LEASE OF REAL ESTATE
This AMENDMENT TO AGREEMENT FOR LEASE OF REAL ESTATE (the “Amendment”)
is made this ___ day of _______________, 2018 (the “Effective Date”), by and between GEORGIA
WASTE SYSTEMS, INC. (the “Landlord”) and AUGUSTA, GEORGIA (the “Tenant”). Tenant and
Landlord are each individually also referred to as a “Party” and collectively, as the “Parties.”
WITNESSETH:
WHEREAS, Landlord and Tenant entered into that certain Agreement for Lease of Real Estate
dated July 17, 2007 (the “Lease”) for the transfer station floor together with ingress and egress thereto,
located at 3946 Goshen Boulevard, Augusta, Georgia (the “Premises”).
WHEREAS, the Parties desire to amend the term, rent and other provisions of the Lease pursuant
to the terms of this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants of Landlord and Tenant, and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties hereby covenant and agree as follows:
1. Capitalized terms not defined herein shall have the meaning ascribed to such term in the Lease.
2. PREMISES AND TERM, Section 1 of the Lease is hereby deleted in its entirety and replaced
with the following:
PREMISES AND TERM. Landlord, for and in consideration of the covenants and agreements
herein contained on the part of the Tenant does demise and least to the Tenant the transfer station floor
together with ingress and egress thereto, located at 3946 Goshen Boulevard, in Augusta, Georgia. The
term of the Lease shall be extended for an additional one (1) year period commencing on January 1, 2019
and ending on December 31, 2019 (the “Extension Term”). Upon expiration of the Extension Term, this
Lease shall automatically renew on a year to year basis (each, a “Renewal Term”), except that either Party
may terminate the Lease by providing no less than ninety (90) days written notice to the other Party prior to
the expiration of the Extension Term or then current Renewal Term, as applicable.
3. RENT AND SECURITY DEPOSIT, Section 2 of the Lease is hereby deleted in its entirety and
replaced with the following:
RENT. Commencing on January 1, 2019, Tenant hereby agrees to pay Landlord monthly rental
payable in advance of SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($7,500.00) on
the first day of each month.
4. SURRENDER OF POSSESSION. Section 13 of the Lease is hereby amended in that “$1,000” is
replaced with “$7,500.”
5. All other terms and conditions of the Lease that are not modified by this Amendment shall
continue in full force and effect.
[SIGNATURES ON THE FOLLOWING PAGE]
Attachment number 1 \nPage 1 of 2
Item # 6
Page 2 of 2
IN WITNESS WHEREOF, Tenant and Landlord have executed this Amendment as of the
Effective Date.
TENANT:
LANDLORD:
AUGUSTA, GEORGIA GEORGIA WASTE SYSTEMS, INC.
By:
By:
Name: Hardie Davis, Jr. James A. Wilson, Vice President
Title: Mayor
Attest:________________________________
Lena J. Bonner, Clerk of Commission
Attachment number 1 \nPage 2 of 2
Item # 6
Attachment number 2 \nPage 1 of 6
Item # 6
Attachment number 2 \nPage 2 of 6
Item # 6
Attachment number 2 \nPage 3 of 6
Item # 6
Attachment number 2 \nPage 4 of 6
Item # 6
Attachment number 2 \nPage 5 of 6
Item # 6
Attachment number 2 \nPage 6 of 6
Item # 6
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Approve the Inter-Governmental Agreement between Augusta and Burke County, Georgia for
Disposal of Garbage at the Augusta Landfill
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Inter-Governmental Agreement between Augusta
and Burke County, Georgia for Disposal of Garbage at the
Augusta Landfill.
Background:Augusta has worked with neighboring communities for the
disposal of their garbage at the Augusta landfill. Augusta is in a
position to offer a competitive rate for the disposal portion and is
now using the IGA to solidify the landfill pricing. This allows
the other community to have a known, competitive price for the
disposal of their garbage; and simply bid for the collection and
transportation, ultimately simplifying their process and
guaranteeing the garbage comes to the Augusta landfill.
Analysis:The proposed IGA with Burke County is for disposal at a rate of
$23.50 per ton until September 2023. This agreement has been
executed by the Burke County Chairman; reviewed by the
Augusta Law Department and approved by the Administrator.
This item is requesting approval from the Commission and
signature by the Mayor. Due to an error on the part of ESD, the
Agreement was routed for signature prior to Commission
approval.
Financial Impact:For the month of October, approximately 1001 tons of garbage
was hauled to the facility; generating approximately $24,000.
Alternatives:1. do not approve the agreement, leaving the disposal of the
garbage at the discretion of the hauling company or Burke
County. 2. request the agreement be re-negotiated.
Recommendation:Approve the execution of the agreement as written.Cover Memo
Item # 7
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
Attachment number 1 \nPage 1 of 4
Item # 7
Attachment number 1 \nPage 2 of 4
Item # 7
Attachment number 1 \nPage 3 of 4
Item # 7
Attachment number 1 \nPage 4 of 4
Item # 7
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Atlanta Gas Light Encroachment Agreement Berckmans Road Realignment and Widening Project
Department:Engineering
Presenter:
Caption:Approve Atlanta Gas Light (AGL) Encroachment request to
Place AGL Facility in Augusta, GA Parcel as part of Berckmans
Road Realignment and Widening Project. Also authorized
Augusta Engineering Department to process and sign all
associated documents with consultation of Augusta Legal
Counsel.
Background:Berckmans Road Widening & Realignment is one (1) of fifty
(50) City of Augusta, Georgia TIA (aka TSPLOST) projects.
Project will be completed in two phases (Phase 1 and Phase 2).
Project limits are Washington Road to Wheeler Road.
Improvement includes; constructing, three lane roadway, with
curb, gutter, storm conveyance system, sidewalks, underpasses,
lighting and associated landscaping. Project phase 1 construction
is completed and Phase II is under construction with utilities
relocation in progress. Roadway improvements require
relocation of Atlanta Gas Light facilities .
Analysis:The Berckmans Road Widening & Realignment Phase II Project
requires that Atlanta Gas Light relocate its Gas Control Station
facility. In general such facility is relocated within roadway
right-of-way (ROW). However, due to environmental constrains
ROW width is too limited to accommodate placement of AGL
regulator facility and the facility needs to be placed in adjacent
parcel that is owned by Augusta, GA.
Financial Impact:N/A
Alternatives:1). Do not approve and provide alternate location for AGL
Facility relocation
Recommendation:
Cover Memo
Item # 8
Approve Atlanta Gas Light (AGL) Encroachment request to
Place AGL Facility in Augusta, GA Parcel as part of Berckmans
Road Realignment and Widening Project. Also authorized
Augusta Engineering Department to process and sign all
associated documents with consultation of Augusta Legal
Counsel.
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
STATE OF GEORGIA )
COUNTY OF RICHMOND )
ATLANTA GAS LIGHT GAS REGULATOR STATION ENCROACHMENT AGREEMENT
THIS GAS REGULATOR AGREEMENT (this “Agreement”), made this _____ day of
__________, 2018 by and ATLANTA GAS LIGHT (“Grantee”) and AUGUSTA-RICHMOND
COUNTY, GEORGIA, a political subdivision of the State of Georgia (“Grantor”).
WITNESSETH:
WHEREAS, Grantor is the owner of certain real property located in Augusta, Georgia, hereof, is
referenced as Parcel Number 025-2-124-01-0, a portion of which is depicted on Exhibit A
attached hereto and incorporated herein by reference (the “City Property”);
WHEREAS, Grantee is the owner of natural gas facility located near the City Property within
the City right-of-way:
WHEREAS, the Grantee’s has gas regulator facility to be located across 2706 Ingleside parcel
that will encroach on the City Property approximately 1200 sq.ft as depicted on Exhibit A.
WHEREAS, Grantee agrees to take all responsibility for the maintenance of the Gas Regulator
Facility and will not relocate or expand the dimension of the encroached area.
WHEREAS, Grantor has agreed to grant for the benefit of the Grantee Property gas regulator
facility encroachment, together with a construction and maintenance right, over, under and
across the portion of the City Property, as more fully set forth herein.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) in hand paid, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantor and Grantee agree as follows:
1. Grant of Encroachment. Grantor hereby grants to Grantee, its successors and assigns, for
the benefit of the Grantee’s Property, a non-exclusive, perpetual encroachment through the 1200
sq.ft area shown on the parcel T.M. 025-2-124-01-0 Encroachment Exhibit prepared by Jard D
Black, PLS dated April 30, 2018 and attached hereto as Exhibits A and incorporated herein by
reference (the “Encroachment Area”), for the purpose of constructing & maintain gas regulator
station.
2. Relocation. This herein grant of encroachment is made with the stipulation by Grantor
and Grantee that Grantor may require the relocation of the gas regulator facility or improvements
authorized under this Agreement, if, in sole determination of Grantor, any future drainage,
Attachment number 1 \nPage 1 of 4
Item # 8
utilities or other improvements or maintenance activities are needed on or in Encroachment Area
and / or this ROW for a public purpose. In any such event, the gas regulator or improvements
will be relocated at Grantee’s sole expense and Grantor shall have no liability for the relocation
of such gas regulator facility or improvements.
3. Release. The Grantee, his/her/its administrators, executors, successors, heirs and assigns
hereby indemnifies and holds harmless the Grantor and its authorized agents and employees for
any and all damages, accidents, casualties, occurrences or claims which may arise or be asserted
against the City from the construction, presence, existence or maintenance of the gas regulator
facility by the Grantee, except to the extent caused by the willful misconduct of the City or its
authorized agents and employees.
4. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Georgia
5. Binding Effect. The rights and obligations created herein shall run with title to City
Property and shall be binding upon the Grantor, its successors and/or assigns, and shall inure to
the benefit of Grantee, its successors and/or assigns.
6. Amendments. This Agreement, along with the exhibits attached hereto, may not be
amended, waived or discharged, except by instrument in writing, executed by both Grantor and
Grantee, or their respective successors, heirs or assigns, as applicable.
[Signatures Follow on Next Page]
Attachment number 1 \nPage 2 of 4
Item # 8
IN WITNESS WHEREOF, Grantor and Grantee have executed and delivered this
Agreement under seal as of the day and year first above written.
GRANTOR:
Signed, sealed and delivered
in the presence of:
Unofficial Witness
Notary Public
My Commission Expires:
AUGUSTA-RICHMOND COUNTY,
GEORGIA, a political subdivision of the State
of Georgia
By:
Name: Hardie Davis, Jr.
Title: Mayor
Attest:
By:
Name:
Title: Clerk of Commission ______
(Notarial Seal)
GRANTEE:
Signed, sealed and delivered
in the presence of:
Unofficial Witness
Notary Public
My Commission Expires:
ATLANTA GAS LIGHT
By:
By:
Name:
Title:
(Notarial Seal)
Attachment number 1 \nPage 3 of 4
Item # 8
N/F
AUGUSTA, GEORGIA
N/F
RUFUS COPELAND
N/FJEFFERY C.
DELANEY
N/F
WILBER RITTER
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8
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Bid Item #18-295: Fort Gordon Cyber CoE Campus Sanitary Sewer Extension
Department:Utilities
Presenter:
Caption:Consider award of Bid #18-295 to Blair Construction, Inc. to
construct the Fort Gordon Cyber CoE Campus Sanitary Sewer
Extension under the Task Order Program for Infrastructure RFQ
#16-178 in the amount of $2,403,595.50. (Referred from
November 6 Commission meeting)
Background:Augusta Utilities Department (AUD) is the contracted water,
sanitary sewer, and irrigation utility provider for Fort Gordon.
As the Cyber Center of Excellence, Fort Gordon is undergoing a
post-wide transformation with new construction and renovation
programs. One impact of Fort Gordon’s growth is the increase
in wastewater flow in the AUD managed sanitary sewer
collection system. This project will construct 12,000 feet of 8” to
24” sanitary sewer to serve the new Cyber CoE Campus
facilities with a new sanitary sewer trunk main from 8 th Avenue
down off post to AUD’s system at Butler Creek. This trunk
main will also accept flow from the planned Cross Basin Lift
Station to re-route Fort Gordon wastewater flow from the Spirit
Creek Basin to the Butler Creek Basin. Project construction
needs to proceed to meet AUD contract schedule commitments
with Fort Gordon. The project cost will be paid by Fort Gordon.
Analysis:Blair Construction, Inc. submitted an acceptable bid package and
was the lowest responsive bidder. The Utilities Department
reviewed the bid and found it to be fair and reasonable. We
recommend awarding this contract to Blair Construction, Inc.to
construct the Fort Gordon Cyber CoE Campus Sanitary Sewer
Extension.
Financial Impact:Funding is available in the amount of $2,403,595.50 under
account number 507043420-5425210 / 88880160-5425210.
Alternatives:No alternatives are recommended.
Cover Memo
Item # 9
Recommendation:We recommend award of the contract to Blair Construction, Inc.
in the amount of $2,403,595.50 to construct the Fort Gordon
Cyber CoE Campus Sanitary Sewer Extension.
Funds are
Available in the
Following
Accounts:
$2,403,595.50 from account 507043420-5425210 / 88880160-
5425210.
REVIEWED AND APPROVED BY:
Cover Memo
Item # 9
Attachment number 1 \nPage 1 of 1
Item # 9
Invitation to Bid
Sealed bids will be received at this office until Tuesday, September 18, 2018 @ 11:00 a.m. for furnishing:
Bid Item #18-295 Fort Gordon Cyber CoE Campus Sanitary Sewer Extension Project #FG-2017-11- Task Order – for
Augusta, GA - Utilities Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605,
Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers
exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $100.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner
is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488)
beginning Wednesday, August 22, 2018. Bidders are cautioned that submitting a package without Procurement of a complete set
are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material
to the successful completion of the project.
A Mandatory Pre Proposal Conference will be held on Wednesday, August 29, 2018 @ 3:00 p.m. in the Procurement Department,
535 Telfair Street, Room 605.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the
office of the Procurement Department by Friday, August 31, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be
received by mail or hand delivered.
No proposal may be withdrawn for a period of sixty (60) days after RFPs have been opened, pending the execution of contract with
the successful vendor. A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for
award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies
needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director.
All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate
committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the
outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department
is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Mailed to Pre-Qualified Task Order Vendors August 22, 2018
Revised: 2/19/2016
Attachment number 2 \nPage 1 of 1
Item # 9
OFFICIAL
VENDORS Attachment
"B"E-Verify SAVE Form Addendum 1 Bid Price
Compliance
Goal - 5%
Blair Construction Co.
P. O. Box 770
Evans, GA 30809
Yes 224004 Yes Yes $2,403,595.50 Yes
Beam’s Contracting
15030 Atomic Road
Beach Island, SC 29842
Yes 167300 Yes Yes $2,550,097.50 Yes
Total Number Specifications Mailed Out: 2
Total Number Specifications Download (Demandstar): NA
Total Electronic Notifications (Demandstar): NA
Mandatory Pre-Bid Attendees: 2
Total packages submitted: 2
Total Noncompliant: 0
Bid Opening Bid Item #18-295
Fort Gordon CoE Campus Sanitary Sewer
Extension Project #FG-2017-11 Task Order Program
For Augusta, Georgia-Utilities Department
Bid Date: Wednesday, September 26, 2018 @ 11:00 a.m.
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Item # 9
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Attachment number 4 \nPage 2 of 2
Item # 9
Blair Construction Co. Inc.
P. O. Box 770
Evans, GA 30809
Beam’s Contracting
15030 Atomic Road
Beach Island, SC 29842
Tom Wiedmeier
Utilities Department
Stanley Aye
Utilities Department
Kelley Irving
Compliance
Steve Behrend
Utilities Department
Bid Item# 18-295
Fort Gordon Cyber CoE Campus
Sanitary Sewer Extension Project #FG-
2017-11-Task Order 16-178
for Augusta Utilities Department
Mailed Out Wed. 8/22/2018
Bid Item# 18-295
Fort Gordon Cyber CoE Campus
Sanitary Sewer Extension Project #FG-
2017-11-Task Order
for Augusta Utilities Department
Bid Due: TUE. 09/11/18 @ 11:00 A.M.
Attachment number 5 \nPage 1 of 1
Item # 9
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Attachment number 6 \nPage 2 of 2
Item # 9
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Cutting of right-of-way with storm water fees
Department:
Presenter:Commissioner Marion Williams
Caption:Discuss the cutting of right-of-way with storm water fees.
(Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Goat Program
Department:
Presenter:Commissioner Marion Williams
Caption:Update from staff regarding the city's goat program to
clear/clean the city's detention ponds. (Requested
by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 11
Engineering Services Committee Meeting
11/13/2018 1:20 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Engineering Services
Committee held on October 9, 2018.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12
Engineering Services Committee Meeting Commission Chamber - 10l9l2}l}
ATTENDAI\CE:
Present: Hons. Fennoy, chairman; Hasan, vice chairman; Smith and
Frantom, members.
Absent: Hon. Hardy Davis, Jr., Mayor.
ENGINEERING SERVICES
1. Motion to authorize condemnation to acquire title of a portion of property for ltem
permanent easement and temporary construction easement (Parcel 166-0-023- Action:
03-0) 4252-D Windsor Spring Road. Approved
4_0.
2. Motion to authorize condemnation to acquire titte of a portion of property for Item
permanent easement and temporary easement (Parcel 166-0-023-04-0) 4252-E Action:
Windsor Spring Road. Approved
Motions
Motion
Type
Approve
Motions
Motion
Type
Approve
Motion Text Made By Seconded By
Motion toapprove. Commisioner Commissioner
Motion Passes Sean Frantom Grady Smith
Motion Text Made By Seconded By
Motion toapprove. Commisioner Commissioner
Motion Passes Sean Frantom Grady Smith
4-0.
Motion
Result
Passes
Motion
Result
Passes
3. Receive as information from AED the update on Stormwater Services for the
year 2018 Quarter 1 (Jan. - Mar) and Quarter 2 (Apr - May).
Attachment number 1 \nPage 1 of 6
Item # 12
Motions
Motion Motion Text'r'ype
Motion to approve
receiving this item as
Approve information. Mr.
Frantom out.
Motion Passes 3-0.
Made By
Made By Seconded By
Seconded By
seconded By Motion
Result
Commissioner Commissioner
Ben Hasan Grady Smith Passes
Motion
Result
Item
Action:
Approved
Item
Action:
Approved
4. Award Bid Item 18-197 for a Vibration Analysis Program in the amount of ltem
$83,731 to Control Southern, Inc. Action:
Approved
Motion Passes 4-0.
5. Approve and receive as information the maintenance and monitoring services Item
for the new Traffic Engineering ITS network in the amount of $75,000 funded Action:
thru SPLOST VI. Also receive as information GTS Solutions providing the Approved
required emergency services as determined by the Augusta Engineering
Department (AED).
Motions
Motion Motion Textrype
Motion to delete this
Delete item from the
agenda.
Motions
r#:'" Motion rext Made Bv
Commisioner Commissioner
Sean Frantom Grady Smith Passes
Motion
Result
Motion to
Approve ffi[":';asses !:#T[ffif 3:frI'#il' passes
4_0.
6. Motion to approve Engineering Services for ALID's Fort Gordon 15th Street
Collector Sanitary Sewer Project to W.R. Toole Engineers, Inc. in the amount
of $209,944.15.
Attachment number 1 \nPage 2 of 6
Item # 12
Motions
Y::*1" Motion Text Made By seconded By Motion
Type '''--- -" Result
Motion to
a .^.^-^_-^ approve. Commisioner CommissionerApprove Motion passes Sean Frantom Grady smith Passes
4-0.
7. Approve proposal from Goodwyn, Mills and Cawood, Inc. (GMC) to provide Item
engineering services for Utilities Department's Fort Gordon Cross Basin Lift Action:
Station and Force Main project in the amount of $344,000. Approved
Motions
Motion r - Motion- ----- Motion Text Made By Seconded By'I'YPe --- -" -------- -'' Result
Motion to
A .^.^..^--^ approve. Commisioner CommissionerApprove Motion passes Sean Frantom Grady Smith Passes
4_0.
8. Receive as information an update regarding the traffic issues along Gordon ltem
Hwy. between Dyess Parkway and Robinson Avenue, including the Action:
communities of Haynes Station, Sims Landing, and Willhaven Estates. Approved
Motions
Motion rr h Motioniil;- Motion Text Made By Seconded By i".ri,"
Motion to approve asking
the Administrator to
identifr a funding source
for the study of the traffic rt^_ _--:--:
Approve ffi:T;&'ii:;;;J ;:fffi;;f*' 3ffilXil.' passes
recommendation. Mr.
Frantom out.
Motion Passes 3-0.
9. Consider approving the Deed of Dedication and Maintenance Agreement from Item
KIR AugustalD44, LLC. Action:
Approved
Motions
Attachment number 1 \nPage 3 of 6
Item # 12
Motion Motion Text Made By Seconded By MotionType Result
Motion to
Approve ffiffi;asses s:#H"T,ffi 3:frI',#il.' passes
4_0.
10. Motion to approve the minutes of the Engineering Services Committee held Item
on September 25,2018. Action:
Approved
Motions
Motion Motion Text Made By seconded By Motion
Type rrr's! sJ uuuuu..vu ,J Result
Motion to
Approve ffiffi:hasses s:#Tffifi 3:f;I'#iil" passes
4-0.
11. Approve the procurement of Chemical Feed Pumps for Hightand Avenue Item
Water Treatment Plant to Tencarva in the amount of $51,845.00. Action:
Approved
Motions
Motion Motion Text Made By seconded By Motion
Type rYr.sv sJ ,wr''u'u'rr r-'J Result
Motion to
^ approve. Commisioner CommissionerApprove Motion passes Sean Frantom Grady Smith Passes
4-0.
12. Approve entering into Memorandum of Understanding (MOU) with two (2) Item
Educational Institutions (Savannah State University, GA and Augusta Action:
University, GA), Nonprofit Organization (Phinizy Center) to assist in Approved
activities that are designed for stream restoration in local waterbodies. Also
authorized Mayor to sign MOU as requested by the Augusta Engineering
Department.
Motions
Y:t1"' Motion Text Made By seconded By MotionrYPe - ---- -r Result
Approve Motion to commisioner commissioner passes
approve. Sean Frantom Grady Smith
Attachment number 1 \nPage 4 of 6
Item # 12
Motion Passes
4-0.
13. Approve the installation of thirteen streetlights on Copse Drive $85.00 per Item
year. This is also to approve a new lighting tax district for the 50 lots Action:
associated with the above road. Requested by AED (Traffic). Approved
14. Approve the installation of fourteen streetlights on Inverness Drive and Item
Bellingham Drive $85.00 per year. This is also to approve a new lighting tax Action:
district for the 53 lots associated with the above roads. Requested by AED Approved
(Traffic).
Motions
f#:" Motion rext Made Bv
Motion to
^ aDDrove.APProve rutotionpasses
4-0.
Motions
[,"J:"' Motion rext Made By
Seconded By Motion
Result
Commisioner Commissioner
Sean Frantom Grady Smith Passes
seconded By Motion
Result
Motion to
Approve ffiffi:hasses ff#T;f,ffi 3:*I',#il.' passes
4-0.
15. Authorize Addendum No I to CCI Contract Callers Inc. (CCD Master Item
Professional Services Agreement with Augusta Utilities Department (AUD), Action:and approve Augusta Engineering Department (AED) entering into Approved
Collection Services Agreement with the CCI for Stormwater Utility Fee
delinquent accounts collection as requested by AED.
Motions
Motion
- - ---- Motion Textrype
Motion to approve.
Approve ffi,,:T?T.T":*
3-0.
Seconded By H:X|I
Commissioner
wittiam Fennoy Passes
Made By
Commissioner
Ben Hasan
Attachment number 1 \nPage 5 of 6
Item # 12
16. Motion to approve entering into a Construction Contract Agreement with the ltem
Georgia Department of Transportation (GDOT) for the Wrightsboro Road Action:
Improvements (Marks Church Rd. to Augusta West Pkwy) Project (PI Approved
#015976) as requested by AED. Bid Item 18-127
Motions
X:11"' Motion Text Made By seconded By Motion
lype -'---- -" --------- -r Result
Motion to
Approve ffifiil"asses s:#Tl.,f,:T 3:ffi',#il.' passes
4-0.
www.ausustasa.sov
Attachment number 1 \nPage 6 of 6
Item # 12