Meeting Type: BCC Regular Meeting
Meeting Date: 10/7/2025
Item Status: New
From: Frank Lundy, P.E., County Engineer
Mark Acreman, P.E., Assistant County Engineer
Seth Peterson, P.E., Pre-Construction Manager
Submitted by: Stacy Appleton, Project Coordinator
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ITEM TITLE
Title
Amendment No. 2 of GOMESA Grant Agreement for Kelly Pit Regional Detention Project
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STAFF RECOMMENDATION
Recommendation
Approve and authorize the Chairman to execute Amendment No. 2 of the Gulf of Mexico Energy Security Act Grant Agreement from the Alabama Department of Conservation and Natural Resources for the Magnolia River Watershed Constructed Wetlands and Regional Detention - Kelly Pit Mitigation Site.
The Amendment extends the project performance date to April 1, 2029, and reallocates the existing costs of the project.
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BACKGROUND INFORMATION
Background: The Gulf of Mexico Energy Security Act (GOMESA) Grant provided funds not to exceed four (4) million dollars for the purchase of the Kelly Pit Mitigation Site and design for Regional Detention. Acquisition is now complete totaling $1,218,293.00. The remaining $2,781,707.00 allowable costs are for design, engineering, and wetland construction.
This project will convert 130.15 acres of existing borrow pits and surrounding land into constructed wetlands and regional detention ponds to improve water quality and mitigate flooding in the Magnolia River Watershed as well as the Weeks Bay Watershed.
Previous Commission action/date:
06/03/2025 - Authorized the Highway Department to submit a request to the Alabama Department of Conservation and Natural Resources (ADCNR) for the transfer of GOMESA funds of $2,791,691.50 from the completed Right of Way Acquisition Phase to the Construction Phase of the Magnolia River Watershed Constructed Wetlands and Regional Detention - Kelly Pit Mitigation Site Project.
09/17/2024 - Approved and authorized the Chairman to execute the Amendment to the GOMESA Grant Agreement from the ADCNR extending the Agreement project performance date for the Magnolia River Watershed Constructed Wetlands and Regional Detention - Kelly Pit Mitigation Site to September 30, 2026; and approved the extension of the Professional Services Agreement with Volkert, Inc. for the Engineering / Environmental Services for the Kelly Pit Regional Detention project for twenty-four (24) months, continuing from March 21, 2024, and ending March 21, 2026, under the same terms and conditions as the existing agreement approved during the March 21, 2023, Regular meeting.
03/06/2023 - Approved the Agreement between the BCC and Volkert, Inc., for the Engineering / Environmental Services for the Kelly Pit Regional Detention project in the amount of $600,902.00 and authorized the Chairman to execute the Agreement.
11/01/2022 - Approved the Purchasing Department and Highway Department to develop a “Request for Qualifications” (RFQ) to acquire professional services for the Kelly Pit Regional Detention Project and place an advertisement for submissions and authorize the staff to negotiate a fee with the most qualified firm so that a final recommendation for award can be made.
05/03/2022 - Approved the GOMESA Grant Agreement with the ADCNR for the purchase of 175 acres (Kelly Pit) and design of constructed wetlands and detention ponds to improve water quality and mitigate flooding. Agreement will terminate December 29, 2024, unless extended in writing by ADCNR by amendment.
07/20/2021 - Approved the Highway Department to submit a grant application to the ADCNR for $13,557,500.00 GOMESA funds allocated to Coastal Alabama. The awarded funds will be used by the BCC to convert existing dirt pits into constructed wetlands and regional detention ponds to improve water quality and to mitigate flooding in the Magnolia River watershed.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes
Reviewed/approved by: Brad Hicks, County Attorney (approved 9/28/2025) los
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Commission staff prepare correspondence and have Chairman sign (2) original agreements for submittal to ADCNR. Highway staff will bring original agreements to 10/7 meeting for Chairman’s signature. Return correspondence and signed agreements to Highway Staff (Stacy Appleton) for submission to ADCNR for final execution.
cc: Lynda Demko
Action required (list contact persons/addresses if documents are to be mailed or emailed: Contact:
Alabama Department of Conservation and Natural Resources
ATTN: Christopher M. Blankenship, Commissioner
64 N Union Street, Suite 468
Montgomery, Alabama 36130
Additional instructions/notes: Administration - Append Amendment to Agreement and re-upload to Contracts.