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HomeMy WebLinkAboutZ-7919-D Application 3Ifpzd.doc INFORMATION SHEET FOR SUBDIVISION PZD's, ZONING OR SUBDIVISION §ITE PLAN REVIEWS ITEM NO. FILE NO. NAME: Rock City Marina and Yacht Club DATEJuly 15, 2013 03/01/10 LOCATION: 1900 East Second Street, Little Rock, AR (rhe End of East Second Street East of Bond Street) DEVELOPER: JAPB, LLC John Burkhalter -Managing Member STREET ADDRESS 26 Collins Industrial CITY/STATE/ZIP North Little Rock, AR 72113 TELEPHONE NO. 501-539-3003 ENGINEER: Robert D. Holloway, Holloway Engineering, Surveying & Civil Design, PLLC STREET ADDRESS 200 Casey Drive CITY/STATE/ZIP Maumelle, AR 72113 TELEPHONE NO. 501-851-3366 AREA 16.1315 NUMBER OF LOTS 3 FT. NEW STREET 490 LF ZONING PZD PLANNING DISTRICT PROPOSED USES Marina, Apartments, & City Park CENSUS VARIANCES REQUESTED 1.) Advance Grading Z•) Permission to Install Fencing and Temporary Guard Shack 3•) Parking in Floodway 4•) Sign Variance- Monument Sign for Rock City Yacht Club to be 8'x 20' long, Monument Sign for the entire development including the City Park on Bond Avenue, separate Monument Sign for the Rock City Yacht Club & an additional sign for the residences at Harbour Towne lfpzd.doc APPLICATION FOR PLANNED ZONING DEVELOPMENT - LONG FORM CASE FILE NO. Z- "l IQ [ PLANNING COMMISSION MEETING DOCKETED FOR August 22, 2013 at a:oo p.m. 03/01/10 Application is hereby made to the Board of Directors of Little Rock, Arkansas through the Planning Commission pursuant to Arkansas law on City planning, Act 186 of 1957, Acts of Arkansas, and Section 36 of the Little Rock Code of Ordinances as amended, petitioning for classification of the following described area as a Long Form Planned Development. Legal Description: See Attachment'A' Title to this property is vested in: JAPB, LLC If an individual other than the title holder files this application, attachment of a letter is required authorizing this person to act on behalf of the title holder. It is desired that the boundaries shown on the District Map be amended and that this area be amended and that this area be reclassified from the present PCD District to Revised PCD District. Present Use of Property: Vacant Desired Use of Proaerty: Marina, Apartments, and City Park It is understood that notice of the public hearing hereon before the Little Rock Planning Commission will be published at least fifteen ( 15) days prior to said hearing in a daily newspaper as required by Act 186 of the 1957 Acts of Arkansas and Section 23 of said Ordinance, and that notice of preliminary hearing before the Commission must be circulated by the applicant to all other parties in interest, including owners of land within 240 feet of the boundary of the area under consideration as required by the rules of the Commission, and that the cost ofh ese notices shall be borne by the applicant. (OWNER) �d M��?[nMAIL ADDRESS: 26 Collins Industrial, North Little Rock, AR 72113 or (AGENT) OM E PHONE: 501-539-3003 �USINESS PHONE: 501-753-6400 Authorized Agent FILING FEE: P.C. APPROVED: Collectors P.C. DENIED: $ paid stamp BD. OF DIR. APPROVED: here ORDINANCE NO. Signature of Se-jr OFICommission or Authorized Agent lfpzd.doc NOTICE OF PUBLIC HEARING BEFORE THE LITTLE ROCK PLANNING COMMISSION ON AN APPLICATION TO ESTABLISH A LONG -FORM PLANNED ZONING DEVELOPMENT To ALL owners of land lying within 200 feet of the boundary of the property located at: The End of East Second Street East of Bond Street 03/01/10 (GENERAL LOCATION OF PROPERTY ON WHICH THE PROPOSED PZD IS TO BE ESTABLISHED) 1900 East Second Street (ADDRESS OF PROPOSED PZD LOCATION, IF AVAILABLE) Owned by: JAPB, LLC (NAME OF OWNER) 26 Collins Industrial, North Little Rock, AR 72113 (ADDRESS OF OWNER) Number of proposed lots: 3 ; Proposed use of property: Marina, Apartments, and City Parc NOTICE IS HEREBY GIVEN THAT an application for a Planned Zoning Development (PZD) on the above property, requesting a change of zoning classification from PCD District to Revised PCD District, has been filed with the Department of Planning and Development. A public hearing to consider the requested change in zoning classification and to review the proposed site development plan will be held by the Little Rock Planning Commission on August 22, 2013 , at 4:00 P.M. in the Board of Directors Chamber, second floor, Little Rock City Hall, located at 500 W. Markham Street. ALL PARTIES IN INTEREST MAY APPEAR and be heard at the above cited time and place, or any party in interest may notify the Planning Commission of their views on this matter by letter. All persons interested in this request are invited to call or visit the Department of Planning and Development, located at 723 W. Markham St., phone, 371-4790, to review and discuss the application information with the Planning staff. Correspondence to the Planning Commission may be addressed to the Commission as a whole or to individual Commission members in care of the Little Rock Department of Planning and Development, 723 W. Markham St., Little Rock, AR 72201. AFFIDAVIT I hereby certify that I have notified all the property owners of record within 200 feet of the above property that subject property is being considered for rezoning and that a Public Hearing is to be held by the Little Rock Planning Commission at the time and place described above. Applicant (Owner or Authorized Agent) (Na-ml Na-m 6 (Date) lfpzd.doc L John Burkhalter AFFIDAVIT authorizeo co O D. o i l E w a Rock City Marina and Yac t Club Property described as : See Attachment'A' Signa a of Tit e Holder Subscribed and sworn to me, a Notary Public on this My Commission Expires: 01141aI _ 03/01/10 certify by my signature below that I hereby Date to act as my agent regarding the of the below described property. I�VK Notary Public day of BHANDI K. AAPS `-;^■_= W COAUSSION # 12382606 EXPIRES: June 16, 2021 H",!.. Pulaski County. ]fpzd.doc CASE NO. Z - DATE 7-15-13 03/01/10 STREET RIGHT-OF-WAY AGREEMENT LOCATION/ADDRESS 1900 East Second Street DOCKETED FOR MEETING ON August 22, 2013 at 4:00 P.M. I John Burkhalter , do hereby agree/disagree to dedicate to the public any needed right-of-way as required by the Master Street Plan for a public street abutting property on which I am requesting Planned Zoning District. I John Burkhalter , agree/disagree to provide at my expense an easement deed and/or other documents as necessary conveying such right-of-way to the public. 'T/OWNER DATE 7_� \3 (IF THE ABOVE SIGNATURE REPRESENTS AN APPLICANT OTHER THAN THE TITLE HOLDER, ATTACHMENT OF A LETTER IS REQUIRED AUTHORIZING THIS PERSON TO ACT IN BEHALF OF THE TITLE-HOLDER.) Attachment `A' Legal Description Lot 1 Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence North 90 degrees 00 minutes 00 seconds East 1023.32 feet; thence North 00 degrees 00 minutes 00 seconds East 200.12 feet to the a found 1/2" rebar also being the point of beginning; thence North 01 degrees 54 minutes 24 seconds East 261.02 feet to a point on the ordinary high water line of the South side of the Arkansas River; thence continuing in an easterly direction along the said ordinary high water line the following courses and distances: South 87 degrees 39 minutes 06 seconds East 240.01 feet; South 71 degrees 17 minutes 14 seconds East 143.54 feet; North 75 degrees 27 minutes 35 seconds East 86.82 feet; North 74 degrees 41 minutes 40 seconds East 86.12 feet; thence leaving said high water mark South 01 degrees 54 minutes 24 seconds West 378.88 feet; thence North 74 degrees 39 minutes 59 seconds West 68.94 feet; thence North 77 degrees 34 minutes 13 seconds West 96.91 feet; thence North 85 degrees 10 minutes 54 seconds West 74.36 feet to the point of beginning containing 3.706 acres more or less. Legal Description Lot 1 a Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence North 90 degrees 00 minutes 00 seconds East 777.40 feet; thence North 00 degrees 00 minutes 00 seconds East 97.06 feet to the a found 1/2" rebar also being the point of beginning; thence North 00 degrees 20 minutes 13 seconds East 74.10 feet; thence South 87 degrees 44 minutes 36 seconds East 33.11 feet; thence South 85 degrees 10 minutes 54 seconds East 280.28 feet; thence South 77 degrees 34 minutes 13 seconds East 92.50 feet; thence South 74 degrees 35 minutes 05 seconds East 501.10 feet; thence North 88 degrees 34 minutes 41 seconds West 506.01 feet; thence North 00 degrees 36 minutes 14 seconds East 107.57 feet; thence North 88 degrees 38 minutes 16 seconds West 119.87 feet; thence North 00 degrees 47 minutes 54 seconds East 12.99 feet; thence North 89 degrees 45 minutes 08 seconds West 229.94 feet; thence South 01 degrees 25 minutes 56 seconds West 33.30 feet; thence North 89 degrees 39 minutes 47 seconds West 31.06 feet containing 1.0270 acres more or less. Legal Description Lot 2 Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence North 90 degrees 00 minutes 00 seconds East 1562.85 feet; thence North 00 degrees 00 minutes 00 seconds East 88.53 feet to the point of beginning; thence North 01 degrees 54 minutes 24 seconds East 361.31 feet to a point on the ordinary high water line of the South side of the Arkansas River; thence continuing in an easterly direction along the said ordinary high water line the following courses and distances: North 80 degrees 27 minutes 13 seconds East 91.59 feet; North 89 degrees 30 minutes 27 seconds East 82.62 feet; North 81 degrees 30 minutes 41 seconds East 14.77 feet; North 77 degrees 29 minutes 15 seconds East 77.22 feet; North 48 degrees 03 minutes 52 seconds East 77.72 feet; South 12 degrees 53 minutes 17 seconds West 74.83 feet; South 20 degrees 45 minutes 48 seconds West 179.82 feet; South 83 degrees 22 minutes 07 seconds East 242.73 feet; South 87 degrees 07 minutes 02 seconds East 120.31 feet; North 85 degrees 27 minutes 38 seconds East 443.12 feet; South 78 degrees 32 minutes 50 seconds East 186.05 feet; thence South 19 degrees 48 minutes 09 seconds East 121.68 feet; South 81 degrees 53 minutes 54 seconds East 26.92 feet; thence leaving said ordinary high water line South 08 degrees 06 minutes 06 seconds West 62.71 feet to a set iron pin also being a point on the West line of Lot 5, Pope's 1000 Acre Grant; thence along said West line South 09 degrees 15 minutes 01 seconds West 26.85 feet; thence South 09 degrees 10 minute 37 seconds West 264.20 feet to a point on the North Right-of-way line of the Little Rock East End Levee; thence leaving said West line along said North Right-of-way North 74 degrees 24 minutes 34 seconds West 327.79 feet; thence South 15 degrees 43 minutes 26 seconds West 44.00 feet; thence North 74 degrees 24 minutes 29 seconds West 696.30 feet; thence South 15 degrees 42 minutes 28 seconds West 5.93 feet; thence North 74 degrees 26 minutes 36 seconds West 259.83 feet to the point of beginning containing 11.3995 acres more or less. BILL OF ASSURANCE OF JAPB SUBDIVSION KNOW ALL MEN BY THESE PRESENTS: WHEREAS, JAPB, LLC, an Arkansas limited liability company, (the "Grantor"), is the sole owner of certain real property lying in the County of Pulaski, State of Arkansas as described in Exhibit A (the "Property"); and, WHEREAS, it is deemed desirable by Grantor that the Property be subdivided into lots (the "Lots"), and Common Areas (as hereafter defined), and shown on the Plat (as hereafter defined); and, WHEREAS, by this Plat and Bill of Assurance, Grantor intends to create for its benefit, and for the mutual benefit of all future owners of all or a portion of the Property, certain rights, easements, covenants and conditions governing the use, enjoyment and maintenance of the Property; NOW, THEREFORE, JAPB, LLC, the sole owner of the Property, for an in consideration of the benefits accrued and to accrue to it, which benefits area here acknowledged to be of value, has caused a plat, a copy of which is attached hereto as Exhibit `B", showing surveys made by Robert D. Holloway of The Holloway Firm, Inc., Registered Professional Engineer, and bearing a Certificate of Approval executed by the Little Rock Planning Commission, and is on record in the Office of the Circuit Clerk and ex -officio Recorder of Pulaski County, Arkansas, in Plat Book 'Page , or as Instrument Number (the "Plat"), and Grantor does hereby make this Bill of Assurance. The Plat shows the bounds and dimensions of the Property now being subdivided into Lots and Common Areas. There are also shown on the Plat certain easements for drainage and utilities which Grantor does hereby donate and dedicate to and for the use by public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water and sewer, with the right to hereby granted to the persons, firms or corporations engaged in supplying the same, and to the extent set forth herein, to the owners of abutting lots, to use and occupy such easements and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services. The Plat further contains access easements for providing access to the Lots for the benefit of and to be shared by the owners of Lots in the Subdivision. The filing of this Bill of Assurance and Plat for record in the Office of the Circuit Clerk and Ex -Officio Recorder of Pulaski County, Arkansas, shall be valid and complete delivery and dedication of these easements subject to the limitations herein set out. The lands embraced in the Plat shall be forever known as "JAPB Subdivision, an addition to the City of Little Rock, Pulaski County, Arkansas," (the "Subdivision"), and every deed of conveyance for any Lot or Tract in said Subdivision describing the same by the number or numbers shown on the Plat shall be deemed a sufficient description thereof. 11 Page Grantor will develop and convey all of the Property pursuant to a general plan for all of the Property and the Property shall be held, sold, conveyed, encumbered, used, occupied, and improved subject to certain restrictive covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, all of which shall run with the Property as set forth herein or as subsequently filed by the Grantor, and are for the purpose of uniformly enhancing the value, appearance, and desirability of the Property in furtherance of a general plan for the protection, maintenance, improvement, and sale of the Property. The restrictive covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges, as contained herein or in a separate document, shall run with the property and shall be binding upon all persons having any right, title, or interest in the Property, or any portion thereof, their heirs, successors and assigns. The restrictive covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens, and charges shall inure to benefit of every portion of the Property and ever interest therein and shall inure to the benefit and be binding upon Grantor and its successors -in -interest and may be enforced by grantor or its assigns or successors -in -interest or by the property owners' association as provided below. Nothing contained herein shall be deemed or construed to prohibit or restrict Grantor's right to complete the development of the Property and the construction of any improvements on the Property nor Grantor's right to construct and maintain demonstration homes and offices for construction and /or sales on the Property nor shall Grantor be restricted in any way from posting signs incidental to the construction, development or sale of any portion of the Property. The Property platted by this instruction and any interest therein shall be held and owned subject to an in conformity with the declaration and covenants set forth herein and in covenants and restrictions to be filed by the Grantor which shall be construed to be covenants running with the Property and shall be binding on all owners of Lots in the Subdivision and upon their heirs and assigns, subject to being amended or canceled as provided hereafter, until such time as this Bill of Assurance shall terminate in accordance with section (g) of Article V. Grantor reserves the right to assign and transfer any or all of its powers under this Bill of Assurance to an Arkansas nonprofit corporation to be known as the JAPB Property Owners' Association, Inc. (the "Association"), embracing all of the Subdivision. Each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to fully abide by and comply with the Articles of Incorporation and By - Laws of the Association, as amended from time to time. "Common Area" shall mean all of the real property and improvements as determined by the Grantor to be common areas, which may include, without limitation, a clubhouse, marina, docks, slips, pool, playground, putting green, parking spaces, landscaped areas, private roadways, parking, parking deck, walkways, and gazebos, as shown on Plat, which shall be for the common use and enjoyment of all of the owners in the Subdivision or as determined by the Grantor. Fee simple title to all or part of the Common Area and the management and maintenance thereof shall be conveyed to the Association by Grantor at times appropriate to the development as solely determined by the Grantor. 21 Page ARTICLE 1 ARCHITECTURAL AND LANDSCAPING CONTROL With the exception of improvements constructed or approved by the Grantor, no owner shall make or permit to be made any structural alteration, repair, replacement, improvement or addition in or to the unit his or her Lot or in or the exterior of dwelling unit and no building or other structure shall be erected, placed, altered or permitted to remain on any Lot until the building plans, specifications, exterior colors scheme, building materials, and plot plan showing the location, size, and facing of such building with respect of existing topography, adjoining streets, and finished ground elevations, have been approved in writing by the Grantor or the Association. Further, no alterations to the buildings or to the landscaping on any Lot or the placement of any fences on and Lot of the Common Area may be made until such alterations or fences have been approved in writing by the Grantor of the Association. In the event the Grantor or the Association shall fail to approved or disapprove any plans, specifications, exterior colors scheme, building materials, plot plans, fencing or landscaping plan submitted to the Association as herein required with thirty (30) days after submission, the covenant shall be deemed to have been fully met by the person submitting such plans for approval. Nothing herein contained nor the required consent of the Grantor or the Association shall in any way be deemed to prevent any owner of any Lot from the maintaining any legal action to the improvements within the Subdivision, which they would otherwise be entitled to maintain. There shall he no compensation to the Association for the services to be performed to this provision. ARTICLE II EASEMENTS Easements of way for private drives are shown on the Plat and the persons, firms or corporations engaged in supplying public utility services including, but not limited to, electric power, gas, telephone, cable television, water and sewer, shall have the right to use and occupy said easements for the installation, maintenance, repair and replacement of such utility services. Easements for the installation, maintenance, repair and replacement of utility services, sewer and drainage have heretofore been reserved, said easements being of various widths, reference being hereby made the Plat for a more specific description of the width and location thereof. Easements designated on the Plat are solely for the use and benefit of the utility designated. The electric and telephone facilities are underground, and it is necessary for the electric and utilities to have special provisions to protect their facilities. Any alterations or lowering of surface grade of the found in any easements and the area immediately adjoining such easements are prohibited which would result their being less than thirty (30) inches or clearance either or horizontally or vertically between the surface grade and the underground electric cables and conductors supplied power and service. The electric distribution transformers stations and service pedestals are located surface grade. Any fields within the area of said easements and upon the lands adjacent thereto which will damage or interfere with the installation, maintenance, operation, or replacement of the electric and telephone cables, facilities or equipment, and the supplying of services from such equipment are prohibited. 31 Page ARTICLE III ENFORCEMENT The covenants, agreements and restriction herein set forth or in applicable covenants and restrictions, shall run with the title of the Lots in this Subdivision and bind the present owners and their heirs, successors and assigns, future owners and their heirs, successors and assigns, and all parties claiming by, through, or under them shall be bound by the covenants and agreements herein set forth and contained. None shall be personally binding on any person, persons, or corporations except with respect to breaches committed during its, his or their holding of the title of Lots in the Subdivision. Any owner or owners of Lots in this Subdivision, Grantor, or the Association shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of any of the covenants, agreements or restriction contained herein together with any other rights to which they might entitled under the state of Arkansas. ARTICLE IV ANNEXATION OF ADDITIONAL PROPERTY Grantor may cause additional real property to be annexed to the Property and such additional real property may become subject to the provisions of this Bill of Assurance in the following manner: (a) Grantor, on behalf of itself and its successors or assigns, reserves the right to subject to this Bill of Assurance other real property that it now owns or may hereafter acquire that is adjacent to and contiguous with the Property, or would be adjacent to and contiguous with the Property but for intervening streets, roads, or easements, that it may develop and make a part of the Subdivision. Grantor, on behalf of itself and it successors or assigns shall have and does hereby reserve the right from time to time and for so long as Grantor owns contiguous property to subdivide all or any portion of the same into additional tracts by the filing of a plat designating such tracts on the records of Pulaski County, Arkansas and upon such filing the number located in the Subdivision shall be increase to include such additional lots, which shall enjoy all of the rights and privileges of the original lots within the Subdivision. (b) Additional property and common area may be annexed to the Property and brought within the general plan and scheme of this Bill of Assurance (within certain changes and Grantor may solely determine) and the jurisdiction of the Association in future stages of development without approval or consent of the Association, its Board of Directors, or its members. (c) The additions authorized under subsections (a) and (b) of this Article IV shall be made by filing record of Notice of Addition of Additional Property, or similar instrument, executed by Grantor, or its successors or assigns, in the Office of the Circuit Clerk and Ex -officio Recorder of Pulaski County, Arkansas, expressly stating its intentions to annex and describing such additional lands to be so annexed and the covenants, easements, and restrictions applicable thereto. The filing of the Notice of Additional Property, along with a plat thereof identifying the same as an additional phase of the Subdivision, shall constitute and effectuate the annexation of the real property and describe therein and thereupon the real property shall become and constitute a part of the Property and will become subject to the provisions of this Bill of 41 Page Assurance (with certain changes ad Grantor my solely determine) and shall further become subject to the functions, powers and jurisdiction of the Association and subject to the assessment to the same extent as it where initially included in the Property, and the owners of lots in the annexed property shall automatically become members of the Association. Such Notice of Addition may include such additions and modifications of this Bill of Assurance with respect to the additional property as Grantor may deem appropriate, in its sole discretion, in the development of the additional property. (d) Grantor is the owner of property in the vicinity of the Property, some of which is contiguous thereto, which property is not now subject to this instrument, may never become subject to this instrument, and may be developed by Grantor in a manner that does not conform to the requirements of this instrument. All such property of Grantor not made specifically subject to this instrument by a written and appropriately recorded document executed by Grantor evidencing its intention to subject such property hereto will in no way be burdened or bound by this instrument or any restrictive covenants in equity, equitable easements, covenants or servitudes, implied restrictive covenants in equity or implied reciprocal negative easement, covenants or servitudes or and other restriction, condition, covenant or servitude according to any doctrine or theory that could in any way be construed to impose the provisions of the instrument on any such property of Grantor not made subject specifically thereto in writing and recorded. ARTICLE V GENERAL PROVISIONS (a) The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability or any other provision hereof. (b) The provisions of this Bill or Assurance shall be liberally construed to effectuate their purpose of creating a uniform plan for the development of a residential community and for the maintenance of the Common Area. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. Failure to enforce any provision hereof shall not constitute a waiver of right to enforce that provision or any other provision hereof at any future time. (c) Nothing contained in this Bill of Assurance shall be deemed to be a gift or dedication of all or any party of the Property to the public, or for and public use. Without limiting the generality of the foregoing, the streets and roadways in the Subdivision are private and not public. (d) No representations or warranties of any kind, express or implied, have been given or made by Grantor or its agents or employees in connection with the Property or any portion thereof or any improvements thereon, its physical condition, zoning, compliance with applicable laws, fitness for any intended use, or in connection with the subdivision, sale, operation, maintenance, cost if maintenance, axes or regulation thereof as planned development, except as expressly stated herein. 51 Page (e) Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by ordinary mail. If delivery is made by ordinary mail, it shall be deemed to have been to have delivered seventy-two (72) hours after a copy of the same deposited in the United States mail, postage prepaid, addressed to any person at the address given by such to person the Association for the purpose of service of such notice, or to the residence of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. (f) Every person who owns, occupies or acquires any right, title, estate or interest in and to and Lot or other portion of the Property does and shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition and covenant contained herein or reference herein, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in the Property or any portion thereof. (g) All persons and corporations who now or shall hereafter acquire any of the Lots in this Subdivision and their heirs, successors and assigns agree to conform to any observe the restrictions, covenants and stipulations contained herein for a period of twenty-five (25) years from the date of recordation of this Bill of Assurance and this Bill of Assurance and the restrictions, covenants and stipulations contained therein shall thereafter automatically extend in effect for the successive periods of the ten (10) years prior to the end of the original term or any successive term of the application hereof a majority of the then owners of Lots in the Subdivision agree to the expiration of the applicable term. These covenants may be amended at any time by the owners of two-thirds of the Lots in the Subdivision. No change in these covenants in the manner herein set forth shall be valid unless the same shall be placed of record in the office of the Recorder of Pulaski County, Arkansas, duly executed and acknowledged by the requisite number of owners. (h) Anything to the contrary herein notwithstanding, until ninety (90%) percent of the Lots shown in the Plat are sold and conveyed, Grantor shall have the right from time to time, without the approval of the owners of any Lots or the Association to amend the provisions hereof, for the purpose of facilitating the marketing of the Lots, of complying with the requirements pertaining to the Property made by financial institutions, title insurance companies or governmental authorities, or for any other reasonable purpose ; provided that no such amendment will reduce the size of any Lot or the improvable area of a Lot without the express consent of the owner so affected IN WITNESS WHEREOF, this instrument has been executed this_ day of June, 2011 JAPB, LLC By: Title: 61 Page ACKNOWLEDGEMENT On this day of June, 2013, before the undersigned, a Notary Public, duly commissioned, qualified and acting within and for the County and State, appeared in person the within named 'to me personally well know, who stated that e was the member/manager of JAPB, LLC, a limited liability company, and duly authorized in his respective capacity to execute the instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had signed, executed and delivered the foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal_day of June, 2011. Notary Public My Commission Expires: Approved: Little Rock Planning Department 71 Page Exhibit `A' Legal Description Lot 1 Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence North 90 degrees 00 minutes 00 seconds East 1023.32 feet; thence North 00 degrees 00 minutes 00 seconds East 200.12 feet to the a found 1/2" rebar also being the point of beginning; thence North 01 degrees 54 minutes 24 seconds East 261.02 feet to a point on the ordinary high water line of the South side of the Arkansas River; thence continuing in an easterly direction along the said ordinary high water line the following courses and distances: South 87 degrees 39 minutes 06 seconds East 240.01 feet; South 71 degrees 17 minutes 14 seconds East 143.54 feet; North 75 degrees 27 minutes 35 seconds East 86.82 feet; North 74 degrees 41 minutes 40 seconds East 86.12 feet; thence leaving said high water mark South 01 degrees 54 minutes 24 seconds West 378.88 feet; thence North 74 degrees 39 minutes 59 seconds West 68.94 feet; thence North 77 degrees 34 minutes 13 seconds West 96.91 feet; thence North 85 degrees 10 minutes 54 seconds West 74.36 feet to the point of beginning containing 3.706 acres more or less. Legal Description Lot 1 a Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence North 90 degrees 00 minutes 00 seconds East 777.40 feet; thence North 00 degrees 00 minutes 00 seconds East 97.06 feet to the a found 1/2" rebar also being the point of beginning; thence North 00 degrees 20 minutes 13 seconds East 74.10 feet; thence South 87 degrees 44 minutes 36 seconds East 33.11 feet; thence South 85 degrees 10 minutes 54 seconds East 280.28 feet; thence South 77 degrees 34 minutes 13 seconds East 92.50 feet; thence South 74 degrees 35 minutes 05 seconds East 501.10 feet; thence North 88 degrees 34 minutes 41 seconds West 506.01 feet; thence North 00 degrees 36 minutes 14 seconds East 107.57 feet; thence North 88 degrees 38 minutes 16 seconds West 119.87 feet; thence North 00 degrees 47 minutes 54 seconds East 12.99 feet; thence North 89 degrees 45 minutes 08 seconds West 229.94 feet; thence South 01 degrees 25 minutes 56 seconds West 33.30 feet; thence North 89 degrees 39 minutes 47 seconds West 31.06 feet containing 1.0270 acres more or less. 81 Page Legal Description Lot 2 Part of Lot "C" and Part of Lot "D" of the subdivision of the South fractional 1/2 of the North fractional 1/2 of Section 1, Township 1 North, Range 12 West, lying South of the Arkansas River, and a part of Block 7 and Block 8, Garland Addition to the City of Little Rock, and that part of the abandoned street lying between said Lot "C" and Lot "D", and said Block 7 and Block 8, Garland Addition, now in the City of Little Rock, all in Pulaski County, Arkansas, being more particularly described as follows: Commencing at a found iron pin at the Southwest Corner of the Northwest Quarter of the North fractional 1/2" of Section 1; thence North 90 degrees 00 minutes 00 seconds East 1562.85 feet; thence North 00 degrees 00 minutes 00 seconds East 88.53 feet to the point of beginning; thence North 01 degrees 54 minutes 24 seconds East 361.31 feet to a point on the ordinary high water line of the South side of the Arkansas River; thence continuing in an easterly direction along the said ordinary high water line the following courses and distances: North 80 degrees 27 minutes 13 seconds East 91.59 feet; North 89 degrees 30 minutes 27 seconds East 82.62 feet; North 81 degrees 30 minutes 41 seconds East 14.77 feet; North 77 degrees 29 minutes 15 seconds East 77.22 feet; North 48 degrees 03 minutes 52 seconds East 77.72 feet; South 12 degrees 53 minutes 17 seconds West 74.83 feet; South 20 degrees 45 minutes 48 seconds West 179.82 feet; South 83 degrees 22 minutes 07 seconds East 242.73 feet; South 87 degrees 07 minutes 02 seconds East 120.31 feet; North 85 degrees 27 minutes 38 seconds East 443.12 feet; South 78 degrees 32 minutes 50 seconds East 186.05 feet; thence South 19 degrees 48 minutes 09 seconds East 121.68 feet; South 81 degrees 53 minutes 54 seconds East 26.92 feet; thence leaving said ordinary high water line South 08 degrees 06 minutes 06 seconds West 62.71 feet to a set iron pin also being a point on the West line of Lot 5, Pope's 1000 Acre Grant; thence along said West line South 09 degrees 15 minutes 01 seconds West 26.85 feet; thence South 09 degrees 10 minute 37 seconds West 264.20 feet to a point on the North Right-of-way line of the Little Rock East End Levee; thence leaving said West line along said North Right-of-way North 74 degrees 24 minutes 34 seconds West 327.79 feet; thence South 15 degrees 43 minutes 26 seconds West 44.00 feet; thence North 74 degrees 24 minutes 29 seconds West 696.30 feet; thence South 15 degrees 42 minutes 28 seconds West 5.93 feet; thence North 74 degrees 26 minutes 36 seconds West 259.83 feet to the point of beginning containing 11.3995 acres more or less. 9 1 P a g e I RESOLUTION NO. 13,089 2 3 A RESOLUTION TO ACCEPT JAPB, LLC, AS THE SUCCESSFUL BIDDER 4 FOR A CONTRACT TO DEVELOP A MARINA, DEVELOP A PORTION OF 5 THE ARKANSAS RIVER TRAIL, AND ASSIST IN DEVELOPING A PARK 6 WITHIN THE CITY; TO AUTHORIZE THE CITY MANAGER TO NEGOTI- 7 ATE THE FINAL TERMS OF AN AGREEMENT; TO AUTHORIZE THE 8 MAYOR, CITY MANAGER, AND CITY CLERK TO EXECUTE ANY NECES- 9 SARY DOCUMENTS AS TO SUCH A CONTRACT AND AS TO THE ENCUM- 10 BRANCE OF CITY PROPERTY; AND FOR OTHER PURPOSES. 11 12 WHEREAS, a feature of the 2001 PARKS AND RECREATION MASTER PLAN is to develop a marina on 13 City park property, and to this end the City acquired property near the headquarters of Heifer Interna - 14 tional to make this development possible; and, is WHEREAS, it is also the City's desire to develop this marina in a cooperative relationship with an - 16 other party in such a manner as to further develop a City park, and to enhance the Arkansas River Trail; 17 and, 18 WHEREAS, on October 23, 2009, the City issued RFP 9248 as a request for proposals to park land 19 marina development; and, 20 WHEREAS, JAPB, LLC ("the Developer"), of North Little Rock, Arkansas, submitted the only pro - 21 posal in response to the bid, but after review by the Little Rock Parks Commission, and the River Market 22 Committee, it was confirmed that the bid was a responsive and responsible bid; and, 23 WHEREAS, there are still details to negotiate to finalize a contractual relationship between the City 24 and the Developer; 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 26 OF LITTLE ROCK, ARKANSAS: 27 Section 1. The City Manager is authorized to negotiate the final terms of a contractual agreement 28 with the Developer to complete a marina development that meets and fulfills the criteria set forth in RPF 29 9248. 30 Section 2. The Mayor, City Manager, and City Clerk are authorized to execute any documents, in - 31 eluding any documents that deal with the encumbrance or transference of park property, in a legal form 32 acceptable to the City Attorney, necessary to finalize the contractual agreement. 33 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 34 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju- [PAGE 1 OF 21 Resolution to authorize City Manager to negotiate contract with JAPB, LLC, to develop and operate a marina on City property 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 dication shall not affect the remaining portions of the resolution which shall remain in full force and ef- fect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 4. Repealer. All resolutions and other matters in conflict with this resolution are hereby repealed to the extent of any consistency. ADOPTED: February 16, 2010 ATTEST: APPROVED: LrL.UhLhc� - Toya R binson, Assistant City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attbruey // // // // // // // /1 // // // Resolution to authorize City Manager to negotiate contract with JAPA LLC, to develop and operate a marina on City property Mark Stodola, Mayor [PAGE 2 OF 2] Nuffioaway Engineering Surveying & Civil Design, PLLC Robert D. Holloway, P.E. Prof. Engineer Registration Arkansas Mississippi Louisiana Alabama Kansas Prof. Land Surveyor Registration Arkansas July 15, 2013 Donna James Subdivision Administrator City of Little Rock Department of Planning and Development 713 West Markham Street Little Rock, AR 72201 RE: Preliminary Plat and Site Plan of Rock City Marina and Yacht Club and the Residences at Harbour Towne Apartment Complex, City of Little Rock, Pulaski County, Arkansas Dear Ms. James, Please find attached 18 copies of the Rock City Marina and Yacht Club and the Residences of Harbour Towne Apartment Complex Overall Site Plan, Detailed Site Plan, and Preliminary Plat. Also find attached the draft Bill of Assurance, application, and review fee check. The Project will be located at the end of East 2nd Street in Little Rock, Arkansas. The Marina/Apartment Project will consist of four phases of construction with the initial phase projected to start in 2013 with the final phase completed by 2016. The Project will create a unique community where people can live, work, shop, and play all in one place. There are four different aspects of the development planned for this site; the marina, restaurant, City Park, and the apartment/clubhouse/pool complex. The Overall Site Plan for the development shows the four aspects of the development. Within this development, there will be a floating restaurant with commercial sales located inside with beer and alcohol sales, vendor booths, bathrooms and shower facilities, and reserved covered parking. The Apartment Development consists of 193 residential units and a clubhouse/pool office. The development site lies south of the floodway line on the property where the existing elevation is approximately 252.00. The clubhouse/pool office will be used for the marketing, selling, leasing, construction, and maintenance of the Apartment Development and will also be used for management of the Development after the buildings are completed. There will also be a swimming pool located at the clubhouse/pool office site. The Development will feature upscale apartment buildings. Office: 200 Casey Drive, Maumelle, AR 72113 Phone: 501-851-3366 Fax: 501-851-3368 Email: admin@holloway-eng.com Holloway Engineering Page 2 The Marina Development consists of 11 docks which contain approximately 427 watercraft slips. The development lies north of the floodway line to the edge of the southern navigation channel line in the Arkansas River. The Marina Development will be a full service facility that includes: a floating full service restaurant, marine fueling facility, transient boat dockage, a boat travel lift system, fishing pier, and public walking promenades. Covered and uncovered boat slips will be provided for boats ranging in size from personal water crafts to yachts of 130 feet in length. Shore service for the boat slips will include dockside lighting, cable/internet, potable water, outlets for single and three phase electricity, slip -side sanitary sewer pump out stations and boat cleaning. The floodway property will include pavement for unloading and parking. The Owner of the Marina -Apartment Project has discussed with Little Rock City Staff the concept of creating a City Park on the property with the strong possibility of including a public launch ramp. Extending the River Trail System, along this project has also been discussed with the City's Park Department. We are requesting variances for advance grading of the site including installation of the seawall, permission to install fencing and a temporary guard shack, allowance for parking in the floodway, and a sign variance. We are requesting a monument sign for the Rock City Yacht Club to be 8' X 20' long, a monument sign for the entire development including the City Park on Bond Avenue, a separate monument sign for the Rock City Yacht Club, and an additional sign for the residences at Harbour Towne. We also request a waiver for storm drainage detention since all of the runoff from the Marina - Apartment Project will run into the Arkansas River which will be totally unaffected by any detention that might be accomplished on the site. The drainage area for the Arkansas River is enormous compared to this little site. Any flow that would extend from this site directly into the river would be totally insignificant. Therefore we request that the detention requirement be waived also. We will incorporate vegetated bio-swales in the parking area. Respectfully submitted, Robert D. Hol lo ay Cc: John Burkhalter A CULTURAL RESOURCES SURVEY OF THE PROPOSED ROCK CITY YACHT CLUB & CITY PARK IN LITTLE ROCK, PULASKI COUNTY, ARKANSAS November 2012 Prepared by: Chris Branam, RPA - Principal Investigator Flat Earth Archeology, LLC 13 Valley Road Cabot, AR 72023 chrisb@flateartharcheology.com (501) 286-7124 (501) 593-0609 For: Burkhalter Technologies 26 Collins Industrial Place North Little Rock, AR 72113 F.E.A. PROJECT REPORT 2012-104 ABSTRACT Flat Earth Archeology, LLC conducted A Phase I, cultural resources survey of roughly 15 acres for the proposed Rock City Yacht Club and City Park in Little Rock, Pulaski County. The survey was conducted on behalf of Burkhalter Technologies of North Little Rock, Arkansas. The U.S. Army Corps of Engineers requested a cultural resources review and survey of the proposed development. The project area is located immediately south of the Arkansas River, east of 2nd Street and north of 4th Street. Investigations included a limited pedestrian survey, mapping, photography, and recording UTMs with a handheld GPS unit. The project area was heavily disturbed by previous clearing, and re -depositing soils and trash Background research revealed no previously recorded archeological sites near the proposed project area. One new archeological site was identified during the survey, but it is recommended as Not Eligible for inclusion to the National Register of Historic Places. No further archeological work is recommended for this proposed project. ii 0 TABLE OF CONTENTS Page ABSTRACT...........................................................................................ii INTRODUCTION....................................................................................1 ENVIRONMENTAL SETTING....................................................................5 BRIEF CULTURAL HISTORY.................................................................11 BACKGROUNDRESEARCH.......................................................................................15 FIELD METHODS AND RESULTS.............................................................................21 SUMMARY AND RECOMMENDATIONS...................................................36 REFERENCES CITED...........................................................................37 APPENDIX A Chris Branam Curriculum Vita............................................................A-1 APPENDIX B Previous Archeological Projects in Pulaski County.................................B-1 APPENDIX C (Separate Attachment — Not For Public Release) Site 3PU836 Location....................................................................0-1 iii LIST OF FIGURES Figure 1. Vicinity of the project area on map of Arkansas.....................................1 Figure 2. Project area surveyed shown on USGS Little Rock and Sweet Home 7.5' QuadrangleMaps............................................................................2 Figure 3. Project Area shown on aerial map.....................................................3 Figure 4. Project Area with planned development..............................................4 Figure 5. USDA Soil Map showing project area soils...........................................6 Figure 6. Soil description for Bruno urban land complex......................................7 Figure 7. Soil description for Bruno fine sandy loam...........................................8 Figure 8. 1819 GLO Original Survey Map showing TIN, R12W ...........................18 Figure 9. 1855 GLO Dependent Resurvey Map showing Section 1 of TIN, R12W...... 19 Figure 10. Western portion of project area (outlined in red) on 1939 Sanborn Fire InsuranceMap..............................................................................20 Figure 11. Shovel Test Locations................................................................23 Figure 12. Shovel Test 1 at 100 cm..............................................................24 Figure 13. Soil profile from 100 to 130 cmbs in Shovel Test 1 ..............................24 Figure 14. Excavating Shovel Test 4.............................................................25 Figure 15. Southern portion of project area (facing east)......................................25 Figure 16. Concrete pad on western portion of the project area (facing northwest) ....... 26 Figure 17. Sketch Map of Site 3PU836..........................................................28 Figure 18. Shovel Test at Site 3PU836 at 75 cmbs.............................................29 Figure 19. Shovel Test 1 (from sketch map of 3PU836) diagram ...........................29 Figure 20. Examples of ceramic tiles found at Site 3PU836.................................32 Figure 21. Whiteware dish with Manufacture's Mark dating to 1923 ....................... 33 Figure 22. Top -side of dish in Figure 19 ........................................................34 Figure 23. Bottle finishes found at 3PU836 (all post-date 1900 manufacture) ............ 34 Figure 24. Glass dish/container lid fragment from 3PU836...................................35 TABLES Table 1. Artifacts Recovered from Site 3PU836............. , .................................32 iv S INTRODUCTION Flat Earth Archeology, LLC conducted Phase 1, cultural resources survey of roughly 15 acres for the proposed bock City Yacht Club and City Park in Little bock, Pulaski County (Figures 1 through 5). The project area is located on the south bank of the Arkansas River, east of 2nd Street and north of 4th Street; immediately east of the Fraternal Order of Police Building (located on 2„d Street and Bond Avenue). The U.S. Army Corps of Engineers — Regulatory Division requested a cultural resources review and survey of the proposed development. The planned project consists of a proposed marina; a boat ramp; parking areas; a city park; an apartment complex; and a restaurant (see Figure 4). Ground disturbing activities will be roughly 500 meters along the river's edge on the south bank and extends south approximately 80 to 100 meters (project area is wider on the eastern side than the western side). The cultural resources background review and Phase I survey was conducted according to the standards set for the State prescribed in A State Plan for the Conservation of Archeological Resources in Arkansas (Davis, ed. 1982, amended 2010). 'rtell R ..jam' -. � _ � � � - •� , Figure 1. Vicinity of the project area on map of Arkansas. 1 -4 to Ww QA /j hi's r; :S1R*rxl7$ 4fI 4�pi I K r f� a a `v f 1np.L, �n Wn>�9h r � . � e r�9 I sq'Un4.,., � w x � I 'land P'° + y a1my Jwl,,y t� r � f C WIT :5-la4ury ' ENVIRONMENTAL SETTING The project area is located at the edge of two physiographic regions, the Ouachita Mountain Division and the Mississippi River Alluvial Plain. The Ouachita Mountains are folded, faulted structures with east -west trending ridges and valleys (Foti 1974:17- 18). Valleys and parallel ridges dominate the landscape (Townsend and Wilson 1979:1). The Mississippi River Alluvial Plain is a relatively level plain with elevations varying between 100 and 300 feet except for Crowley's Ridge where some of its highest points reach 400 to 560 feet. This region contains mostly unconsolidated sediments such as sand, clay, silt, gravel and loess. The geology of the Mississippi River Alluvial Plain is characterized by unconsolidated flat -lying alluvium from present day and older streams, overlying poorly consolidated Tertiary formations that are dipping slightly to the south. The project area is situated around asphalt city roads, a graveled private drive, industrial complexes, a car lot parking area, and a flooded wetland. The immediate environment of the project area is the sandy river natural levees. The project area is situated in an urban area that has at various times been the location of residences and an industrial area. The alluvial soils in this lowland area are level to undulating, and some of these soils are prone to flooding. The western half of the project area investigated during the current survey is situated on the Bruno urban land complex (Bu in Figure 5). This soil complex is characterized as excessively drained, level to nearly level soils found on young natural levees that have been modified by urban development (Haley et al. 1975:10, 11). The eastern half of the project area is situated on Bruno fine sandy loam (Bs in Figure 5). This soil type is characterized as excessively drained, level to nearly level soils found on young natural levees on the Arkansas River (Haley et al. 1975:10). Pulaski County has hot and humid summers and relatively mild winters. The average winter temperature is 41 degrees Fahrenheit and the average summer daily temperature is 82 degrees. The average annual precipitation is about 49 inches (Haley et al. 1975:3). I` ar A' Hap Unit Map Unit .Acres in Percent of Aft, ~` Symbol Name AO.I AOI Bs Bruno fine 6.7 22.2% Figure 5. USDA Soil Map showing sandy loam project area soils. BU Bruno -Urban 16.2 53.7% land complex W water 7.3 24.2% Tota Is for Area of Interest 30.1 100.096 n MAC u-nQ.► iii. 6'.rn-uwn:-a MMOM"PU6S6 Cana NkamN Pulaski County, ArkwMM au Snino-Urban land complex Map MIN Serdstp Meand li n:ia' rtazltirt�!� ,n 43 ID .Fib-' inche9 Mean rwift k aor lefw.'afar�e 50 In 7: degrees f Frza,--ePe.rod zoo M Zb-a cues vrut campOS10011 av?v wiv sti+rWar says '60 perceafl, Ca=Pl .'ara9: 30 perCent h(M crnmrw WMrx' 10 pQrCnmr Oesaiphan df Orme S-BMFkg i.a►xarm N34ow *vrwg OOL6rj .sbw anape- COnve,i ac aw"-Lcp& .nape Comex r arem rna�--na,' Saray aIMvii n FN nperims wW gmhUes S -we Q no t wCent OCPM rvi resr'ixft" Ifvatot, ikwl* Cmarr 9D incurs Ira "ye Gass -ExcesSniely grab- ,7 eaparr!y CO Me nwr.tvwlry tai's 62 rrar& naf Ivalxr Mau HW M wrY high (5 95 to 19.9 ivhfp Oeon4 ru wvtUr rads Alx>trl 49 ip 72 moos FregLe v, y 4Y fhaaciivg Rwe Fri@!1F C?P9Q2V, Nor* ko-a4019 6%a1pr raL" Low tiidmtA r t rnr:hesI kmer;xalrve prutrps (.amdCuamrAry fejwwga� eW 3,s iypicar pralkle 0 ro 5 ALhea: Sing y IaaM 6 M 72 to."lse-s- Str;Pdwo Wrrrr brie sand Mow Components AWueWS PefMformapWit lorle"M Carxftm Deprassions OLOM510ve VwP cwcave AMM - am* * u 14* %fev,(" Data Source Information SOd Sur y- Area +�ul�skl Gtwr y, AIRar�srs Surrey Aroma Dares hrerskan 4, Sep 28, 2012 iit r Kjg" RP.* a.n -- - tits Sad sw vy i iiY:17% S'40MV&6 +n %xOn71 OCC MA-,* soa Swe" PJyi t d 1 Figure 6. Soil description of Bruno urban land complex. 7 U-st LrtGiv cwr-anrc Fe. undohrl-PkowFe Coj,'* taws•rL Pulaski County, Arkansas 8s—Bruno fine sandy team Mao Uric S'entaq ACg�in II?Jal'rnr6 pa+radias+ 431058inher. Wlywra R -Ave 50 Ta 72 degrees PrixIN"gperod 2UG to MU Wys Uv UM CvrrFplu512on $++W+�7 n�+i►d tilr5inr 5�s.•, fiQ �aetrlr Aivw ccnrwimw 10 Deiced t)e9cr4$1e a atUruM wbing Lar+d11 Lmx iiJl 6"j kaME4s shape C-M'oex 1�:7nrl•�L,"ira[+ 5hi1@1C Ci4+rlVrSx PaTnr rtSmnw Sargj altsylum P topeFbes amd quMMS $i1J`v 0 113 3 pwrept •;,lvel j dii'i1two � uc'r��e �rr,sr 11a�lnr,� 83)�f+�'?6'�+a5►t"sf IH�lkir j.g{S�7¢,1 E}kh7 3c► wery high f,5.95 lo 19-98 ruhrl N%riei rb www W& AW O 49 Igo 72 in&e5 Fraq'vLM_y aP' fajdN1Q. r'vr,3 +Mj1i Ff"4 t.rder 0(,pw4bT9 Kark Werpaefrve GIMIJFs Lard Ca•G+av)ry frivnmofed): 3s Ty Icallmofiile 0 to 6 Oches. Sandy loam 6 to T2 imnes SirardFed Derry 11r9A sar d lAiW Cpa PO"eMs Alque Ms N.rc4ra Orman arat' 14 rserterrt Cardlwm. D= mromm i Concave Data Source Information Sall Sir ave ArA-a. Fulaiski C xM, Arkansas Surmy ,Ares DA'k 'VO°f'S W 9. W X13, 2012 am C4ffff."v ifall sorwk* ,Tuwnx t:u wrb vC sai 5a4W F. 2s 1 ur'I Figure 7. Soil description of Bruno fine sandy loam. Past Environment Eighteen thousand years before present (BP), an ice sheet covering the northern half of North America (down to below the Great Lakes —40 degrees north latitude) was one of several continental ice sheets that amassed amounts of water sufficient to lower oceanic levels by 100 — 200 meters below present. Air temperatures were 35 to 42 degrees Fahrenheit colder during summer and winter respectively (Morin 1993:73). By 12,000 BP, the climate had begun to moderate and ice fields and glaciers were beginning to recede, and by about 10,000 BP - at the end of the Pleistocene Epoch - a major climactic change from a glacial to an interglacial period began. From 18,000 to around 14,000 BP, vegetation patterns remained generally unchanged. The glaciers receded only slightly to around 40 — 42 degrees north latitude by 14,000 BP, and boreal forests consisting primarily of mixed species of spruce (white, black, and red) and some intrusions of oak bordered regions of tundra adjacent to glaciated areas (Morin 1993:76 - 78). Pines (jack/red) were possibly also present until prior to 14,000 BP, becoming extinct in the region thereafter. These forests extended down to approximately central Arkansas, and apparently persisted even further into the southern portion of the continent via the Mississippi Alluvial Plain prior to the Holocene Epoch. From below the boreal forest, mixed conifer and northern hardwoods persisted from 18,000 through 14,000 BP. Around 14,000 BP, warming climactic changes including changes in jet-stream patterns began to hasten glacier recession and influence changes in ecosystems and associated biomasses. Possibly associated with the recession and general shrinkage of the ice -sheets and glaciers, the first major influx of human beings was beginning around this time -period. One current theory is that the new arrivals entered the continent following herds of mega fauna via the Bering Land Bridge, an area of land recently exposed by the shrinking ice fields. By 10,000 BP, glaciers had receded and the bulk of southeastern North America, including the proposed project area, had changed into evergreen forests with increases in oak and southern pine species that extended up to deciduous forests. Mixed conifer/hardwood forests transitioned around 40 degrees north latitude. By 6,000 BP, most of the ice sheets had receded to or were approaching northerly limits roughly in the area they occupy today, and northern pine species had become dominant in the mixed conifer forests north of northern Arkansas. Southern species of pine became dominant in the southeastern evergreen forests by 6000 BP. When humans are first thought to have entered the region, about 12,000 BP, the last ice age was nearing its end, and boreal forests may have covered much of the region. A gradual warming trend resulted in the development of more temperate forests but by 5,000 B.P., conditions had become so warm and dry that grasslands and prairie environments may have been present throughout much of the state. This interval of warmer, drier weather is known as the Hypsithermal and appears to coincide with depopulation of the area during much of the Early and Middle Archaic periods. The modern climate is thought to have begun developing about 4,000 years ago resulting in the evolution of the current forest types. These climatic changes and their resulting M effects on the floral and faunal communities had a direct bearing on human adaptation in the region. This is clearly reflected in the diversity and range of artifact assemblages contained in the region's rich archeological record (Miller 2001). Most animal species typical of the southeastern woodlands were indigenous to the region including deer, mink, raccoon, bison, squirrel, bear, turkey, cougar, fox, wolf, bobcat, and beaver, as well as a plethora of birds, fish, reptiles, amphibians, and freshwater mussels. 10 BRIEF CULTURAL HISTORY The general sequence of prehistoric cultural development in the project area is similar to that defined for the region as a whole and to the stages of cultural development in the southeastern United States. The major cultural stages are Paleo-Indian, Archaic, Woodland, Mississippi, and Historic. More in-depth discussions of each stage are presented in A Cultural Resource Overview of the Ozark -St. Francis National Forests (Sabo et al. 1982) and Human Adaptations in the Ozark and Ouachita Mountains (Sabo et al. 1988). Little is known about the lifeways of the earliest inhabitants of the region during the Pre -projectile and Paleo-Indian stages (30,000 B.C. to 9,000 B.C.). Lithic or stone tools including large lanceolate -shaped fluted dart and spear points are distinctive markers of this period. Based on ethnographic studies of primitive societies and paleo- environmental reconstruction, it is hypothesized that the small band level societies depended heavily on hunting, fishing, and gathering wild plants for subsistence. Many of the large animal species exploited by "the big game hunters" such as the mammoth are extinct. Most of the Paleo-Indian sites found in northeast Arkansas occur on the upper Cache River and on the eastern flank of Crowley's Ridge (Morse and Morse 1983). The fluted Clovis -like points from northeast Arkansas are thought to be "typically shorter" than those found on the Great Plains. These surface finds have been comparatively dated with sites outside the region to about 9000 to 10,000 B.C. Based on current data, subsistence was oriented primarily to hunting wild animals and gathering wild plant foods. Toward the end of the Paleo-Indian stage or the beginning of the Archaic period (9,000 B.C. to about 500 B.C.), the environment became much like it is today. Projectile points dating to this transition include lanceolate forms such as the Dalton and Packard. These types are represented in this region and westward to the prairie -woodlands border in eastern Oklahoma (Wyckoff 1984:130-134). During the Archaic period people exploited (hunted and gathered) a wider range of plant and animal resources than their Paleo-Indian ancestors. The subsistence base is reflected in the numerous types of projectile point styles and a wide range of tools found in the Archaic Period. In northeast Arkansas, the "Hardin and Early Stemmed Period" is associated with an "influx of Plains -like styles," and dates about 7000-6000 B.C. (Morse and Morse 1983). Hardin points are rare and, again, have a distribution similar to Dalton points. The distribution of Hardin points in east -central Arkansas is described as "confined to the Wisconsin -age terraces east of the White River" (House 1996). Other stemmed points include Searcy, Johnson and Hidden Valley points (Morse and Morse 1983). The distribution of Johnson points extends to the southern portion of the Lower White River (House 1982). Later point types include the Rice points (Morse and Morse 1983). Morse and Morse propose that the western lowlands of northeastern Arkansas were largely abandoned ca.6000-4000 B.C. in favor of the Ozark Plateau (1983). The Late Archaic begins at the end of the Hypsithermal period when the modern climate and ecosystems established. There is a dramatic increase in the number of sites in 11 the region, and for this reason Morse and Morse call this period the "Archaic Expansion." During the Late Archaic, there is an increased human adaptation to riverine environments and the culture appears to be more sedentary than previous periods. In northeast Arkansas Morse and Morse (1983) suggest further subdivision of the Late Archaic into three sub periods: Big Creek (3000-2000 B.C.), Burkett (2000-1000 B.C.) and Weems (1000-500 B.C.). The Woodland period (500 B.C. to A.D. 1000) is identified by the presence of pottery and in some areas the beginning of horticulture and agriculture. Horticulture is the cultivation of species of native weeds (i.e. Amaranth, Chenopodium). Agriculture is the cultivation of tropical cultigens (corn, beans, squash, etc.) which were introduced into the area from Meso-America. The noticeable correlation of agriculture, pottery, and burial mounds suggests an increase in social and ceremonial activities during the Woodland period. Siltstone hoes, indicative of horticulture/agriculture, are associated with this period. The most commonly occurring diagnostic artifacts for the period are the Big Creek, Burkett, and Weems points and are likely carryovers from the preceding Archaic period. Other artifacts include adzes, celts, grooved axes, plummets, and choppers (Morse 1983). The development of ceramic vessels appears during this period as well, indicating a greater reliance on food storage and preparation as well as more sedentary lifestyles. During the Marksville period, pottery became more diverse and mound building began at some of the more prominent sites. Burial ceremonialism is reflected by rich graves placed in central log tombs and covered by conical mounds. Participation in the "Hopewell Interaction Sphere" is reflected in the trade of exotic artifacts, mound building, and burial practices. Populations were dispersed in small villages. Diagnostic artifacts include Marksville pottery, corner-notched and stemmed projectile points, blades and cores, and exotic materials such as copper, mica, galena, obsidian, pearl beads, ear spools, and platform pipes (Jeter., 1989). During the Baytown period, a clear-cut distinction between sand-tempered (Barnes phase) pottery and grog-tempered (Baytown phase) pottery reached its peak. This distinction in modes of tempering is probably indicative of political or cultural boundaries. Pottery is predominantly plain but some cord marking does occur. The most common site type represents a single structure probably occupied by an extended family. Larger villages are also known (Morse and Morse, 1983). Mound building continued throughout this period although there was less emphasis placed on burial ceremonialism as in the previous Marksville period. Lithics, on many sites are rare. Diagnostic point styles include Steuben points and Gary points. Plummets, boat stones, celts, and pipes, are occasionally found. Subsistence was based primarily on hunting and gathering but a limited reliance on horticulture was beginning to develop. While maize or other definite cultigens have not been identified within Baytown Period features, persimmon, grape, hickory nuts, acorns, and chenopodium have been recovered within flotation samples (Morse and Morse, 1983). 12 The type -site for this period is the Baytown (also known as Indian Bay) site in southern Monroe County and was designated by Phillips, Ford, and Griffin. This site, however, was not excavated under controlled conditions. Only one Baytown period site has been adequately studied. The DeRossitt site (3SF49) in north -central St. Francis County produced 164 trash pits and 500 post molds. By A.D. 1000 there is an increased reliance on domesticated plants and a more complex social organization as evidenced by status differentiation, specialized labor, etc. These changes mark the beginning of the Mississippi period. Material culture includes arrow points and shell tempered pottery. This tempering technique allowed for the manufacture of a wider variety of vessel forms and decorations. Exotic materials and artistic artifacts, often decorated with religious and ritual symbols, were traded throughout the region. After death, important or high status individuals were interred with their possessions in sacred burial sites. Other characteristics often associated with Mississippian culture include villages with palisades, temple mounds, an increasing dependence on agriculture, and the development of complex social systems. The bow and arrow shows up during the early part of the period and largely replaces the atlatl and dart common to the preceding periods. Pottery evolves from jar and bowl forms common in Early Period Mississippian sites to a variety of compound effigy and bottle forms characteristic of Late Period Mississippian and Proto-Historic sites. By about A.D. 1000, a number of individual chiefdoms had developed, each generally consisting of a fortified ceremonial center, several fortified villages, and numerous farmsteads. Villages were often planned and houses were usually arranged in rows. In the 1500s, European contact with Native American cultural groups marked the end of the prehistoric period. Indian lifeways during the contact period are known from the written accounts of European explorers. The southern Ozarks were under the control of the Osage Tribe. Immigrant tribes such as the Choctaw and Cherokee were briefly settled in the Arkansas Valley until their removal to Oklahoma in 1828. European -American settlers began to move into the region in the late 18th century and early 19`h century. The first white immigrants into the Arkansas Territory were trappers and hunters. A second wave of immigrants was primarily small subsistence farmers. Migration of agricultural settlers during this time derived almost entirely from those coming from the southern Appalachian region of Kentucky, Tennessee, and North Carolina (Sabo et al. 1982:89). The settlement patterns are represented by "homesteads exhibiting log house architecture and gardens, located at the base of tributary valleys or at the river valley/slope interface" (Sabo et al. 1892:144). Included in this settlement pattern would be isolated service centers such as mills, tanneries, and distilleries located along waterways and almost always along roads. The early settlement in the region were generally subsistence farmers and herders until steamboats were able to make their way up navigable rivers (the Arkansas River in this area) when cotton production increased in the upland farms due to the new market accessibility. The state's population surged in the mid to late 19th century. In 1820, the state's population was only 14,255. By 1840 the population had grown to 97,574 and by 1890 the population was 1,125,385 (Chism 1891:328-329). 13 In 1812, Congress established Missouri Territory, which reached south to Louisiana. Two of the territory's southern counties (Arkansas and Lawrence) included much of the area that would become Arkansas. When Congress established Arkansas Territory in 1819, the two counties were divided into the five original Arkansas counties. Pulaski County was established at that time and named for Count Casimir Pulaski, a Polish nobleman who fought and died in 1779 in the Revolutionary War's Battle of Savannah. The territorial legislature voted in 1821 to move the capital from Arkansas Post (Arkansas County) to Little Rock because of flooding and disease at the former location. The legislature had, in 1820, established Cadron, a fur -trapping post on the Arkansas River which was located in what is now Faulkner County, as the county seat but moved it to Little Rock in 1821 when it chose to move the territorial capital there. The new state constructed a capitol building in Little Rock on the Arkansas River bank between 1833 and 1842, and state government operated out of the statehouse until the present capitol was completed in 1915. Pulaski County government operated out of the statehouse until 1883, when the state government came to require the entire building and displaced the county ,government to a temporary location. County officials began planning and building the Pulaski County Courthouse, completed in 1889. In 1890, the city of Little Rock derailed the community of Argenta's plans to incorporate as a city by annexing the community as Little Rock's Eighth City Ward. In 1904, Little Rock's Eighth Ward split off to become part of North Little Rock, a separate municipality. In 1906, the city's name was formally changed to Argenta but then reverted back to its present-day name, North Little Rock, in 1917. 14 BACKGROUND RESEARCH Background studies were conducted previous to fieldwork. Chris Branam searched the records in the archeological site database at the Arkansas Archeological Survey (AAS) in Fayetteville to check for previously recorded archeological sites that could be adversely affected by the proposed pipeline project. The site files at the Arkansas Historic Preservation Program (AHPP) were also examined to check for historic structures listed on or nominated for the National Register of Historic Places (NHRP). There were four previously recorded archeological sites within a mile of the current project area. None of the previously recorded sites are in the direct Area of Potential Effect (APE) of the currently proposed development. The closest known site is 3PU813 at 0.36 miles from the current project area. This site is the reported location of a 19th century cemetery. This information is based on a newspaper article, but no other archival information has been found regarding a cemetery at this location. It is unclear if an archeologist has visited this site to determine if this location does indeed contain burials. Site 3PU257 is a historic site located roughly 0.88 miles from the current project area. This site was recorded when wreckage of a wooden hull barge was found during dredging operations in the Arkansas River. Some of the barge was recovered and some of the barge remains in the river. No cargo was recovered during the salvage operation. Site 3PU707 is a historic site located approximately 0.6 miles from the current project area. This site is a preserved section of East 3rd Street that was paved with brick. Site 3PU762 is a section of railroad that was built circa 1906 that was unearthed during construction activities approximately 0.82 miles from the current project area. There were six previously conducted archeological investigations within a mile of the proposed project area shown in the records at the AAS. In 1989 W.J. Bennett Jr., Phyllis L. Breland, and Lawson M. Smith co-authored the project report Cultural Resources and Geomorphological Reconnaissance of the McClellan -Kerr Arkansas River Navigation System, Pools I Through 9 (AMASDA 1313) for Archeological Assessments, Inc. An integrated program of geomorphological and archeological investigation was conducted within those portions of the McClellan -Kerr Arkansas River Navigation System between Dardanelle, Arkansas, and the Mississippi River. These included office, laboratory, and field studies. These investigations documented those landforms and land - forming processes which could be identified at a reconnaissance level effort. The documented archeological record was discussed in terms of its distribution across the landscape. Recommendations for further investigations were offered. In 2001 James A. Ross authored the project report MacArthur Park Restroom Facilities Cultural Resources Survey (AMASDA 4538) for RGS Consultants. A cultural resources survey was conducted within the MacArthur Park permit area. The project area 15 was disturbed by land leveling and the installation of a water sprinkler system so the likelihood of locating archeological sites was low. Since archival research and the survey produced no evidence of structural remains or cultural features within the APE, it was recommended that no further archeological work be done for this undertaking. In 2002 Timothy C. Klinger authored the Clinton Presidential Center - Little Rock; Historic Properties Review (AMASDA 4945) for Historic Preservation Associates. This report documents HPA investigations for the Clinton Presidential Center in the City of Little Rock, Pulaski County, Arkansas. The APE for the proposed undertaking includes Blocks 4, 5, 8, 9, 10, 11, 14, 15, 16, and 17 in Russell's Addition of the City of Little Rock that is bounded by East 3rd Street on the south, the Arkansas River on the north, Collins Avenue on the west, and East Avenue on the east and covers approximately +/- 26 acres. The proposed undertaking includes the Clinton Presidential Library, archives, and other buildings and parks. Three architectural resources were currently located in the APE including the Choctaw Route Station, the Depot, and the Bridge. In addition to these, 742 resources were recorded by the Sanborn Insurance Company team. Artifacts found in shovel tests excavated below the top bank of the Arkansas River reflect late 19th century or early 20th century activities with no material indicative of earlier occupations. Ten of these resources should be monitored during development and three others would be included in the Clinton Center development. In 2002 Timothy C. Klinger authored the Little Rock River Rail Streetcar Project - Phase II; Historic Properties Review (AMASDA 4942) for Historic Preservation Associates. This report provides a historic properties review in the city of Little Rock, Arkansas. The APE for the proposed undertaking included the street corridor beginning at the corner of Commerce and 2nd Street and heading south to the corner of Commerce and 3rd Street, thence east along 3rd Street between Commerce and Sherman, Sherman and Ferry, Ferry and Rector, Rector and Collins, Collins and Byrd, and terminating between Byrd and McLean in Russell's Addition to the City of Little Rock and covering street right-of-way in approximately 6.5 city blocks. The proposed undertaking included the streetcar rails and associated passenger stations. Three architectural resources were located in or near the APE including the Choctaw Route Station, the Depot, and the historic railroad Bridge. These resources would not be affected. Nineteen structures associated with the Little Rock Infirmary, and other railroad related structures were located adjacent to the proposed corridor and would not be affected. Five at -grade bridges over Town Branch were crossed by the corridor. These bridges would be affected by the proposed undertaking. The brick pavement exposed along the 1000 block of 3rd Street would be affected by the proposed undertaking. In 2007 Andrew C. Buchner authored the project report Archaeological Monitoring during the 2006 River Rail II Construction Little Rock, Arkansas (AMASDA 5155) for Panamerican Consultants, Inc. At the request of Kimley-Horn and Associates, Inc., Panamerican Consultants, Inc. conducted archaeological monitoring during the River Rail II construction in Little Rock, Pulaski County, Arkansas. This trolley line will provide service to the Clinton Presidential Library. The investigations were requested by the Arkansas State Historic Preservation Officer (SHPO), and the goal was to retrieve 16 archaeological data and to place it into a historic context. The study area was a four -block long urban area of existing surface streets that included three blocks on East 3rd Street (from Rector Street west to Commerce Street) and a one -block section of Commerce Street (from East 3rd north to 2nd Street). The project resulted in the identification of intact archaeological features at five locations, designated 3PU762 loci A-E. Loci A and B consisted of portions of a buried ca. 1900 Choctaw Railroad spur line in the 600 block of East 3rd Street. Locus C consisted of a buried section of triple railroad siding in the 200 block of South Commerce Street that was constructed ca. 1926-1938. Locus D consisted of an early -twentieth-century culvert that encloses Town Creek at the intersection of East 3rd Street and South Sherman Street. Locus E consisted of an early - twentieth -century subterranean brick structure at the intersection of South Commerce Street and East 2nd Street. There was no National Register of Historic Places listed or eligible historic structures in the records at the Arkansas Historic Preservation Program in the immediate vicinity of the proposed project area that would be directly affected. The Bureau of Land Management First Land Patents records and the General Land Office maps were also consulted for information regarding the history of land ownership of the project area (Arkansas Commissioner of State Lands 2004). The General Land Office (GLO) original survey map of Township 1 North, Range 12 West, approved in 1819, showed no improvements in the immediate vicinity of the project area (Figure 8). The GLO dependent resurvey map approved in 1855 shows possible agricultural fields just south of the project area belonging to "J.B. Keatt" and "Killian" (see Figure 9); but no improvements directly in the project area Unfortunately the First Land Patent records contained no information regarding the names of the original legal landowners in the project area. Additionally, archival maps of the area were viewed at the Arkansas History Commission by Chris Branam. These maps include Blaisdell's Map of Little Rock dated 1921; Ashburn's Map of Little Rock dated 1957; and the Sanborn Company Fire Insurance Maps dated 1913 and 1939 (on microfilm). The 1921 map and the Sanborn 1913 map show the project area as being in the Fletcher & Clark's Addition. The 1939 Sanborn map shows the current project area contains little in the way of structures (Figure 9). According to the landowner, part of the project area was used as a dump site in the past for debris from a hotel that was destroyed in downtown Little Rock (off-site). The artifacts recovered during the survey from newly recorded Site 3PU836 and the stratigraphy found at the site supports this assertion. 17 A-RKAWBAS Figure 8. 1819 GLO Original Survey Map showing T1N, R12W (Section I is not shown because it is in an area designated belonging to the "Quapaw Nation of Indians" IN Figure 9. 1855 GLO Dependent Resurvey Map showing Section 1 of T1N, x1Lw (approximate location of project area outlined in red). 19 JPV All �+ �.Lk i - �t ' . •L +LLQ47 . -� Figure 9. 1855 GLO Dependent Resurvey Map showing Section 1 of T1N, x1Lw (approximate location of project area outlined in red). 19 a { i r+•S st- �5fy 1 1 1"ry n 1 �Ti E SRP S.T FT -- i� I t L-9 %�r H I - LIQ I!,YJ 'j" ! . - r Figure 10. Western portion of project area (outlined in red) on 1939 Sanborn Fire Insurance Map. 20 FIELD METHODS AND RESULTS The archeological fieldwork was supervised by Chris Branam, RPA, in November 2012, during one man -day. Archeologists James P. Morgan and Jane Carmack assisted Chris Branam in the field. A topographic map and an aerial map showing the proposed project area were provided by the landowner, John Burkhalter, before archeological fieldwork began. The project area is situated on the south side of the Arkansas River (Figure 11). The southern portion of the project area contains at least 2 meters of fill dirt and debris (see Figure 14). The western portion of the project area was completely disturbed, where an 18 x 20 meter concrete pad (likely a loading dock) is situated on top of the fill (see Figure 16). The landowner stated that the project area was used as a dump site for the debris from a hotel located in downtown Little Rock that was destroyed in the 1970s. The northern portion of the site, a strip immediately adjacent to the river, appears to be relatively undisturbed aside from being periodically inundated. A total of 28 shovel tests were excavated in the project area. Shovel tests were excavated in 20 meter intervals in the portion of the project area that was not artificially disturbed (see map in Figure 11). In the disturbed areas with fill, judgmentally placed shovel tests were excavated (see Figure 11). A pedestrian survey and ground surface inspection was conducted in the disturbed areas. All of the soils from the shovel tests were screened through '/ inch hardware mesh. Shovel tests were approximately 35 to 40 centimeters in diameter and excavated to a depth of at least 100 centimeters. The shovel tests were excavated in standard arbitrary 20 centimeter levels. A listing of the shovel test results can be found in Appendix C (separate attachment). The typical shovel test in the project area in the northern portion of the project area consisted of a light yellowish brown (10YR6/4) fine sandy loam to about 80 cmbs; a brownish yellow (10YR6/6) fine sandy loam from about 80 cmbs to 105 cmbs; and a yellowish brown (10YR5/6) fine sand from about 105 to 130 cmbs. The typical shovel test on the fill area on the southern portion of the project area consisted of a dark yellowish brown (10YR4/4) sandy silty loam over yellowish brown (10YR5/4) silty sand. This basic soil stratigraphy deviated little in the project area in relation to these two distinct landforms. One new archeological site was located and recorded during this survey and assigned the site number 3PU836. Site 3PU836 was delineated in the field. A new site form was completed and submitted to the Arkansas Archeological Survey. The site is discussed in detail later in this report and the location of the site can be found in Appendix C (separate attachment). Artifacts recovered during this project were assigned accession numbers and Field Specimen Numbers (FSN). The artifacts were returned to the Flat Earth Archeology laboratory where they were washed, catalogued, analyzed and prepared for permanent curation at the University of Arkansas Curation Facility in Fayetteville. Standard 21 definitions for artifacts were used as found in DEL®S: A Computerized Artifact Inventory and Analysis System (Cande and Barnes 1992). During the basic analysis, all artifacts were catalogued, counted, and weighed in grams. Collections and analysis forms will be curated under the assigned permanent accession number 2012-542 (assigned by the Arkansas Archeological Survey). The analysis of the historic materials was conducted by Chris Branam and Jane Carmack. Although complete site evaluations are outside the scope of this Phase I survey; based on the current fieldwork a preliminary evaluation and recommendation for NRHP significance of this site's potential was established using the guidelines put forth in A State Plan for the Conservation of Archeological Resources in Arkansas (Davis 1982, Amended 2010), and those put forth by the Advisory Council on Historic Preservation (36 CFR 800). The following criteria were used in these evaluations: (1) the nature of the deposits such as the presence or potential presence of intact strata, features, or buried horizons; (2) the temporal affiliation and function of the site; (3) the topographic situation represented; (4) the contents of the site including the density and diversity of artifacts; and (5) the sites research potential. Also taken into account were those characteristics in the State Plan, which usually make a site significant and therefore eligible to the National Register. These include: 1. Sites with undisturbed single component deposits. 2. Sites with undisturbed intact material or levels which could provide absolute dates for associated cultural material. 3. Sites with stratified deposits. 4. Sites with human skeletal populations. 5. Sites with good preservation or evidence of the reconstruction of the environment and development of cultivation of plants. 6. Sites with evidence of structures, a village plan, etc., which might provide information on the social, political, and religious organization. 7. Sites with tool kits. 22 Figure 12. Shovel Test 1 at 100 cm (note hole from soil probe at bottom). Figure 13. Soil profile from 100 to 130 curbs in Shovel Test 1. I - .. -�: r r ,- 1 r '- Figure 16. Concrete pad on western portion of the project area (facing northwest). 26 Site 3PU836 Site Type: Historic Cultural Affiliation: Early 20th Century Site Dimensions: 10 meters x 10 meters (incomplete) Site Description: Site 3PU836 is in a heavily disturbed area that was likely pushed to make a landform for a concrete pad (possible loading dock) that is currently at the top of the rise (see Figure 16). Two _shovel tests excavated on the east side of the concrete pad were positive for cultural materials to 120 cmbs using a combination of a shovel and a post -hole digger. The artifact density is quite high and no culturally sterile level was identified in the shovel tests (we simply could go no further by hand). There was evidence that the historic materials had been burned (melted glass, burned paper) at one time. The positive shovel test consisted of artifacts that date to the same time period and were likely deposited at this location (dumped) in a very short period of time. However, it appears that that the deposits were burned from 60 to 120 cmbs as the soil is much darker below 60 cmbs. But the artifacts do not change as there is some melted glass found throughout. The second positive shovel test, 5 meters south of the first positive shovel test at Site 3PU836, contained fewer artifacts and the deposits were more shallow. This would likely indicate that this shovel test is near the southeastern edge of the site (see Figure 17). The shovel tests on the west side of the concrete pad were negative and no shovel tests could be placed on the north side due to slope down to river and rip -rap. It is possible the historic midden (dating to the 1920s based on makers' marks on whiteware fragments) extends under the concrete pad. The site could not be delineated to the east due to the extreme slope down to the east (see Figure 17). Archival information and maps were examined at the Arkansas History Commission. In the early 20th century this lot was part of the "Clark & Fletcher Addition". The Sanborn Fire Insurance Maps from 1913 and 1939 show sporadic private residences in this location and a furniture factory just off to the southwest, but it was not heavily in use during this time period judging from the map data. Based on the amount of "colored" churches (also AME) in the immediate area shown on the maps, it is assumed that a minority neighborhood surrounded the project area during this period. The landowner stated that during the 1970s a hotel in downtown Little Rock was destroyed and this area was used as a landfill or waste area for debris. This actually corresponds quite well with the type of artifacts found during the survey and the unusual stratigraphy and depth of historic debris and disturbed soils. The artifacts recovered include wire nails, whiteware (multi -colored transfer printing and plain) fragments, bottle fragments (post -1900), container glass fragments, window glass fragments of varying widths, wire nail fragments, Bakelite, burned paper fragments that appear to be from a ledger, brick fragments, ceramic tile fragments, and bone fragments (bird and mammal) with one containing cut marks. The only 27 manufacturer's mark on the artifacts is from a whiteware dish and is dated 1923 (see Figure 19). The various bottle necks and finishes recovered all have seems that continue all the way over the lip, which dates the bottles to after 1900 (Abernathy 1980). Steel wire nails, like all of the nails recovered at Site 3PU836, began being produced in the 1880s and by 1900 had essentially replaced cut nails in the market place (Edwards and Wells 1993:18). River steep slope kudzu down r—�` O � p p concrete I steep slope down � � O O 02t �r hoavy O O vegolation 3PU836 aY 6f' E S 4!� Positive shovel test O Negative shovel test l Figure 17. Sketch Map of Site 3PU836. 02 Figure 18. Shovel Test at Site 3PU836 at 75 crabs. Figure 19. Shovel Test 1 (from sketch map of 3PU836) diagram. Ce 30 Table 1. Artifacts Recovered from Site 3PU836 Shovel Test & Provenience Depth (curbs) Artifact Type Accession Number Artifact Count Weight (grams) 2012-542-1-1-1 Wire nails 7 3.7 2012-542-1-1-2 Window glass 3 2.1 2012-542-1-1-3 Brick fragment 1 78.3 2012-542-1-1-4 Ceramic tile 2 5.9 2012-542-1-2-1 Milk glass lid liner 1 3.3 2012-542-1-2-2 Clear container lass 22 289.8 0-20 Historic 2012-542-1-2-3 Amethyst container glass 2 4.7 2012-542-1-2-4 Aqua container lass 15 15.8 2012-542-1-2-5 Brown container glass 3 4.2 2012-542-1-2-6 Veen container lass 4 5.7 2012-542-1-2-7 Albany/Bristol stoneware 1 6.1 2012-542-1-3-1 Shell button 1 0.1 2012-542-2-1-1 Wire nails 2 1.9 S.T. 1 2012-542-2-1-2 Window glass[28 1.1 2012-542-2-1-3 Ceramic tile 3.2 2012-542-2-2-1 Clear container lass 273 8 2012-542-2-2-2 Aqua container glass 8 20.3 2012-542-2-2-3 Blue container lass 1 1.3 20-40 Historic 2012-542-2-2-4 Brown container lass 3 2.4 2012-542-2-2-5 Green container lass 2 2.0 2012-542-2-2-6 Plain whiteware 1 2.4 2012-542-2-3-1 Animal bone unidentified) 1 0.2 2012-542-3-1-1 Wire nails 6 5.9 2012-542-3-1-2 Brick fragment 2 43.5 40-60 Historic 2012-542-3-1-3 Ceramic tile 3 13.7 2012-542-3-1-4 Lead pipe fra ent 1 134.2 2012-542-3-2-1 Clear container lass 19 148.2 30 31 2012-542-3-2-2 Brown container 3 5.6 2012-542-3-2-3 Green container glass 8 14.8 2012-542-3-2-4 Salt glazed stoneware 1 6.3 2012-542-3-3-1 Animal bone (unidentified) 3 0.6 2012-542-4-1-1 Wire nails 14 18.2 2012-542-4-1-2 Metal spike 1 54.2 2012-542-4-1-3 Window glass 4 5.3 2012-542-4-1-4 Brick fragments 2 17.1 2012-542-4-2-1 Milk glass lid liner 1 1.8 2012-542-4-2-2 Clear container glass 23 57.2 2012-542-4-2-3 Amethyst container glass 1 3.6 2012-542-4-2-4 Brown container lass 3 7.1 60-80 Historic Multi -colored 2012-542-4-2-5 transfer printing decorated 1 31.4 whiteware 2012-542-4-2-6 Plain whiteware 2 3.5 S.T. 1 (cont.) 2012-542-4-2-7 Bristol/Bristol stoneware 1 8.0 2012-542-4-3-1 Bakelite fragment (undefined) 1 0.2 2012-542-4-4-1 Burned paper fragments NA 5.8 2012-542-5-1-1 Wire nails 5 4.2 2012-542-5-1-2 Brick fragment 1 139.6 2012-542-5-2-1 Clear container lass 27 81.5 80-100 Historic 2012-542-5-2-2 Aqua container glass 2 3.9 2012-542-5-2-3 Browni container g 1 1.3 2012-542-5-2-4 Green container lass 2 3.0 2012-542-5-2-5 Plain whiteware 1 1.6 2012-542-6-1-1 Wire nail 1 1.8 2012-542-6-1-2 Brick fragments 2 14.1 100-120 Historic 2012-542-6-2-1 Clear container lass 11 23.7 2012-542-6-2-2 Aqua container Aq1 lass 14.5 2012-542-6-2-3 Plain whiteware 2 7.0 31 Figure 20. Examples of ceramic tiles found at Site 3PU836. 32 2012-542-7-1-1 Wire nail 2 2.8 2012-542-7-1-2 Window glass 1 1.9 2012-542-7-2-1 Clear container 8 12.0 lass 0-20 Historic 5.2 2012-542-7-2-2 Brown container 3 glass S.T. 2 2012-542-7-2-3 Green container 1 1.3 lass 2012-542-7-3-1 Plastic tube 1 0.5 (unidentified) 2012-542-8-1-1 Clear container 2 2.4 20-40 Historic glass 2012-542-8-1-2 Plain whiteware 1 2..1 TOTAL 286 1,636.8 Figure 20. Examples of ceramic tiles found at Site 3PU836. 32 Figure 21. Whiteware dish with Manufacture's Mark dating to 1923. 33 Figure 22. Top -side of dish in Figure 19. Figure 23. Bottle finishes found at 3PU836 (all post-date 1900 manufacture). 34 Figure 24. Glass dish/container lid fragment from 3PU836. Recommendation: Although Site 3PU836 contains a high density of artifacts from a commercial establishment dating to the early 20t` century; the site itself is part of a secondary fill. Therefore, the site lacks the integrity that would make it eligible for inclusion to the National Register of Historic Places. The artifacts recovered from the site will be curated at the University of Arkansas Curation Facilities and the listing of artifacts is likely the only useful data that could be obtained from Site 3PU836. No further archeological work is recommended for Site 3PU836. 9M SUMMARY AND RECOMMENDATIONS A Phase I archeological survey was conducted by Flat Earth Archeology for a proposed marina development in Little Rock. The project included background reviews for recorded archeological sites, previous cultural resources investigations, and historic structures in the vicinity. The project area was heavily disturbed at various times in the past. The southern half of the project area contained secondary fill, reportedly 2 meters, to build the area up. The northern portion of the project area, immediately adjacent to the river is often inundated and consists of fine sand down to 1.3 meters below the surface. The western portion of the project area has been disturbed by dumping secondary fill from off-site structures (likely a hotel) that were destroyed. The artifacts from this secondary fill constitute the newly recorded Site 3PU836. This archeological site is not considered eligible for the National Register of Historic Places because it is from secondary fill. No cultural resources originating from the project area were identified during the current survey. For the reasons mentioned above, no further archeological work is recommended for this location. If the proposed project area boundaries are altered, additional archeological survey will be needed. If deeply buried cultural materials not associated with Site 3PU836 are encountered during ground disturbing activities, the project will need to cease immediately and the archeologists at the U.S. Army Corps of Engineers and the State Historic Preservation Office should be notified. DISCLAIMER There is a realistic limitation involved with standard survey field methodology. Shovel testing is most effective in finding certain types of sites, those with relatively high artifact densities or those with abnormal soil development such as midden. Thin artifact scatters can be missed in areas where surface visibility is poor. Furthermore deeply buried sites are difficult to identify using standard survey methodology. Flat Earth Archeology made a good faith effort to find any cultural resources in the project area through rigorous background research and intensive fieldwork as prescribed in A State Plan for the Conservation of Archeological Resources in Arkansas; but this is not a guarantee that no cultural resources are present. W REFERENCES CITED Arkansas Commissioner of State Lands 2004 Original General Land Office Survey Notes and Plats for the State of Arkansas 1815 -present. Produced by the State of Arkansas. Davis, Hester A. (editor) 2010 A State Plan for the Conservation of Archeological Resources in Arkansas. Arkansas Archeological Survey Research Series No. 21. Fayetteville, AR. Edwards, Jay D. and Tom Wells 1993 Historic Louisiana Nails: Aids to the Dating of Old Buildings. Geoscience Publications, Louisiana State University, Baton Rouge, Louisiana. Foti, Thomas L. 1974 "Natural Divisions of Arkansas," in Arkansas Natural Area Plan, prepared by the Arkansas Department of Planning, pp. 11-34. Arkansas Department of Planning, Little Rock. Haley, George J., Randle O. Buckner, and Dorris F. Festervand 1975 Soil Survey of Pulaski County, Arkansas. United States Department of Agriculture, Soil Conservation Service, in cooperation with Arkansas Agricultural Experiment Station. House, John H. 1982 SE Study Unit 2: Archaic Occupation. In A State Plan for the Conservation of Archeological Resources in Arkansas: Edited by H.A. Davis, pp. 8-12. Arkansas Archeological Survey Research Series 21, Fayetteville, Arkansas. 1996 East-Central Arkansas. In Prehistory of the Central Mississippi Valley. Edited by C.H. McNutt. University of Alabama Press, Tuscalusa. Jeter, Marvin D., Jerome C. Rose, G. Ishmael Williams, Jr., and Anna M. Harmon 1989 Archeology and Bio -archeology of the Lower Mississippi Valley and Trans - Mississippi South in Arkansas and Louisiana. Arkansas Archeological Survey Research Series #37. 37 Miller, John E. 2001 A Cultural Resources Survey of AHTD Job Number R50064, Highway 122 East, Independence County, Arkansas. Arkansas Highway and Transportation Department, Little Rock. 1993 A Cultural Resources Survey of Arkansas Highway and Transportation Department Job R60072, Pulaski County, Arkansas. Arkansas Highway and Transportation Department, Little Rock. 1992 A Cultural Resources Survey of Proposed Arkansas Highway and Transportation Department Job 60101, Pulaski County, Arkansas. Arkansas Highway and Transportation Department, Little Rock. Morin, Nancy R. (Editor) 1993 Flora of North America North of Mexico. Oxford University Press, New Fork Morse, Dan F. and Phyllis A. Morse 1983 Archeology of the Central Mississippi Valley. Academic Press, New York. Munsell Color 1994 Munsell Soil Color Charts. Revised Edition. Macbeth Division of Kollmorgen Instruments Corporation. New Windsor, NY. Sabo, George III, Ann M. Early, Jerome C. Rose, Barbara A. Burnett, Louis Vogele, Jr., and James P. Harcourt 1988 Human Adaptation in the Ozark -Ouachita Mountains. Arkansas Archeological Survey. Submitted to the U.S. Army Corps of Engineers, Southwestern Division, Dallas. Contract DACW63-84-C-0149. Sabo, George III, David B. Waddell, and John H. House 1982 A Cultural Resource Overview of the Ozark and St. Francis National Forests, Arkansas. Arkansas Archeological Survey. Submitted to USDA Forest Service, Ozark -St. Francis National Forests, Contract 53-43ZP-1-00984. Sloan, Kitty 2011 "Trail of Tears" entry in The Encyclopedia of Arkansas History and Culture. httl2://encyclopediaofarkansas.net/enoclap edialent ry- detail. aspx?search=l &entryID=2294. Electronic resource accessed January 18, 2012. Stewart -Abernathy, Leslie C. 1980 Historic Ceramics: Decorative Techniques, 1600 to Present. Ms. on file at the Arkansas Archeological Survey, Fayetteville. 38 Stroud, Raymond B., Robert H. Arndt, Frank B. Fulderson, and W.G. Diamond 1969 Mineral Resources and Industries of Arkansas. U.S. Department of the Interior Bulletin 645. Wyckoff, Don G. 1984 The Foragers: Eastern Oklahoma. In Prehistory of Oklahoma, edited by Robert E. Bell. Academic Press, New York. Pp. 119-160. Yancey -Kent, Carolyn 2011 "Jacksonville" entry in The Encyclopedia of Arkansas History and Culture. http://tocyclopediaofarkansas.net/oncyclopedia/entry_ detail.aspx?search=1 &entrylD=969. Electronic resource accessed January 19, 2012. 39 Appendix A Chris M. Rranam, RPA 13 Valley Road Cabot, AR 72023 Phone: 501.593.0609 Email: cmbranam@gmail.com EDUCATION A.B.D. History Ph.D. University of Arkansas Fayetteville, Arkansas (Expected Graduation Date 2012) Dissertation Topic: Small -Scale Slaveholders and Slaves in the Early Twentieth Century Trans - Mississippi West, a Social History of Non -Plantation Slavery in Arkansas and Missouri. December 2003 University of Arkansas Fayetteville, Arkansas M.A. in Anthropology (Historic Archeology Emphasis) Thesis: A Database of Steamboat Wrecks on the Arkansas River between Fort Smith, Arkansas, and Arkansas Post, Arkansas, from 1830-1900. December 1997 University of Arkansas at Little Rock Little Rock, Arkansas B.A. in Anthropology Minor in Philosophy/Religious Studies RESEARCH INTERESTS • Historic archeology and nautical archeology • Research of historic river transportation in Arkansas and the Southeastern United States • Early American Ceramics • Late -eighteenth to mid -nineteenth century settlement patterns, economics, cultures, and land use in the American South • Small -Scale Slaveholders and Slaves in the early nineteenth century Trans -Mississippi West, an Examination of Non -Plantation Slavery in Arkansas and Missouri. • Eighteenth and nineteenth century distilling processes, drinking habits, and taverns in the southern Colonies/States and Territories (as a part of an Arkansas Humanities Council grant to Black River Technical College located in Pocahontas, Arkansas) • Class issues and social history related to small-scale slavery in the Old Southwest, particularly in the Arkansas and Missouri Territories (as a part of an Arkansas Humanities Council grant to Black River Technical College and PhD Dissertation) WORK EXPERIENCE December 2008 to present Arkansas Highway and Transportation Department Archeologist • Perform archeological studies and surveys for various projects in Arkansas • Research for and author reports resulting from archeological work performed, giving recommendations regarding archeological clearance and site evaluations • Evaluate and comment on reports by archeological consultants contracted by AHTD • Give archeological presentations to public and academic conferences A-1 August 2008 to present Arkansas Principal Investigator/Archeologist Appendix A Flat Earth Archeology, LLC Cabot, Perform archeological surveys and background research for cultural resource management projects in Arkansas and surrounding states Perform Phase II testing and Phase III mitigation for cultural resource management projects Author reports resulting in archeological investigations and aiding clients with Section 106 or other compliance needs January 2005 to December 2008 SPEARS, Ince West Fork, Arkansas Archeological Field Supervisor • Supervised and directed various Section 106 (archeological survey) projects throughout Arkansas, directed fieldwork and research, and authored technical reports for the projects ■ Analyzed, researched, and wrote descriptions regarding the cultural significance of selected historic artifacts from the Jacob Wolf House excavations May 2004 to January 2005 SPEARS, Ince West Fork, Arkansas Archeological Field Technician • Worked on a Phase III Archeological Mitigation of four Late Woodland/Early Mississippian sites in Northeastern Arkansas May 1999 — March 2000 R. Christopher Goodwin & Assoc, New Orleans, Louisiana and May 2002 — August 2002 (seasonal) Archeological Field Crew Chief • Worked on various Phase I archeological survey projects for Highway and Pipeline projects in Alabama, Arkansas, Florida, Georgia, Mississippi, Louisiana, South Carolina, Tennessee, and Texas. ■ Worked on a Phase III Archeological Mitigation for a Prehistoric site in Northern Tennessee on the Cumberland River for the United States Army Corps of Engineers. TEACHING EXPERIENCE ANTH 2310: Cultural Anthropology. An introduction to the field of cultural anthropology with emphasis on basic anthropological concepts, the nature of culture, the development of civilizations, human social behavior, and the study of people and customs around the world. Pulaski Technical College, North Little Rock, Arkansas. (Fall 2005; Spring and Fall 2006; Spring, Summer, and Fall 2007; Spring, Summer, and Fall 2008; Spring, Summer, and Fall 2009; Spring, Summer, and Fall 20 10) HIST 1113: World Civilizations I. Introduces the major civilizations of the world in their historical context to 1500. University of Arkansas, Fayetteville, Arkansas. (Fall 2008) PRESENTATIONS Branam, Chris 2009 AHTD Policies Regarding Historic Cemeteries and Burials. Presented at the Memorial In May — Cemetery Preservation Conference held in Jonesboro, Arkansas. A-2 Appendix A 2008 Examining the Motives, Means, and Rhetoric of Disfranchisement in Arkansas, 1888 —1892. Paper presented at the Mid -American Conference for History held in Springfield, Missouri. 2008 The Lubricant That Allowed America to Move West.- The Role of Distilled Spirits in the Trans -Mississippi Region during the Early Nineteenth Century. Paper presented at the Arkansas Historical Association Sixty -Seventh Annual Conference held in Eureka Springs, Arkansas. 2002 Steamboat Wrecks on the Arkansas River between Fort Smith and Arkansas Post. Paper presented at the Arkansas Archeological Survey, Fayetteville, Arkansas 1997 Evolution of the Trireme. Paper presented at the University of Arkansas at Little Rock Anthropology Symposium held in Little Rock, Arkansas OTHER TEACHING & WORK RELATED EXPERIENCE • History Graduate Teaching Assistant: University of Arkansas, Western Civilization II, Spring 2008 • History Graduate Teaching Assistant: University of Arkansas, Western Civilization I, Fall 2007 • Seasonal Interpreter: Toltec Mounds Archeological State Park, 1997 • Graduate Teaching Assistant: University of Arkansas at Little Rock, Archeology Field School, 1997 • Teaching Assistant: University of Arkansas at Little Rock, Archeology Field School, 1996 AWARDS 2008 Recipient of the Mary D. Hudgins Fellowship in Arkansas History from the University of Arkansas History Department. 1997 Recipient of the Student Fieldwork in Anthropology Award (now known as the Mark J. Hartmann Anthropology Student Fellowship) from the University of Arkansas at Little Rock. CURRENT PROFESSIONAL MEMBERSHIPS • Registry of Professional Archaeologists • Archaeological Institute of America • Arkansas Historical Association • Southern Historical Association PUBLICATIONS Branam, Chris 2010 "Rethinking Disfranchisement in Arkansas: The Election Law of 1891 and The Poll Tax Amendment of 1892" Arkansas Historical Quarterly, Fall 2010. Branam, Chris 2009 Slave Codes. Entry in The Encyclopedia of Arkansas ULM and Culture. http: //www. encyclopediaofarkansas. netlencyclopedialentry-detail. aspx?search =1 &entryID=5054 A-3 Appendix A Branam, Chris 2008 Election Law of 1891. Entry in The EncVlgRedia of Arkansas HistM and Culture. http://www.encyclopediaofarkansas.net/encyclopedia/entry-detaiLaspx?search=1 &entryID=4033 ARCHEOLOGICAL REPORTS AND UNPUBLISHED WORK Over 75 archeological reports authored and co-authored to date. The following is a sample: Branam, Chris 2010 A Cultural Resources Survey of Proposed Arkansas Highway and Transportation Department Jobs 090169 — Highway 7 Passing Lanes; 090213 — Highway 7 Safety Improvements; and 009784 — Buffalo River Bridge and Approaches on State Highway 7 at Pruitt, Newton County. For the Arkansas Highway and Transportation Department. Branam, Chris 2010 A Cultural Resources Survey of Proposed Arkansas Highway and Transportation Department. Job FA4510, Searcy County Line —Northwest (Phase I) (Reconstruction of County Road 6), Marion County, Arkansas. For the Arkansas Highway and Transportation Department. Branam, Chris 2010 A Cultural Resources Survey of the Proposed James Fork Water Line Project in Scott County, Arkansas. Flat Earth Archeology Project Report 2010-39. Report Submitted to the James Fork Regional Water District. Branam, Chris 2009 Phase II Archeological Testing of Six Archeological Sites at the Robinson Maneuver Training Center, Pulaski and Faulkner Counties, Arkansas. Flat Earth Archeology Project Report 2009-43. Report Submitted to Arkansas Army National Guard. Branam, Chris 2009 Phase II Testing of Archeological Site 3WA1383 for Arkansas Highway and Transportation Department Job 040411, Washington County, Arkansas. For the Arkansas Highway and Transportation Department. Branam, Chris 2009 A Cultural Resources Survey for a Proposed Cell Tower Near Fort Smith, Sebastian County, Arkansas. Flat Earth Archeology Project Report 2009-1. Report Submitted to White Buffalo Environmental, Inc. of Tulsa, OK. Branam, Chris 2009 A Cultural Resources Survey of Proposed Arkansas Highway and Transportation Department Job 061202, Stagecoach Road (Highway 5) Saline County Line to Otter Creek Road, Pulaski County. For the Arkansas Highway and Transportation Department. Branam, Chris 2009 Archeological Site Revisits and Assessments for the Stringtown Road Water Line Extension, Newton County, Arkansas. Flat Earth Archeology Project Report 2009-58. Report Submitted to Blaylock Threat Engineers, Inc. Appendix A Branam, Chris and Erik Masterson 2008 A Cultural Resources Survey for a Proposed Cell Tower Near Sulphur Springs, Benton County, Arkansas. Flat Earth Archeology Project Report 2008-5. Report Submitted to Peregrine Environmental of Bryant, AR. Branam, Chris and Erik Masterson 2008 A Cultural Resources Survey for a Proposed Cell Tower Near Fort Smith, Sebastian County, Arkansas. Flat Earth Archeology Project Report 2008-4. Report Submitted to White Buffalo Environmental, Inc. of Tulsa, OK. Branam, Chris and Erik Masterson 2008 A Cultural Resources Survey for a Proposed Cell Tower Near Johnson, Washington County, Arkansas. Flat Earth Archeology Project Report 2008-3. Report Submitted to Trileaf Corporation of Grimes, IA. Branam, Chris and Erik Masterson 2008 A Cultural Resources Survey for a Proposed Cell Tower Near Mountainburg, Crawford County, Arkansas. Flat Earth Archeology Project Report 2008-2. Report Submitted to Trileaf Corporation of Grimes, IA. Branam, Chris and Erik Masterson 2008 A Cultural Resources Survey for a Proposed Cell Tower Near Pottsville, Pope County, Arkansas. Flat Earth Archeology Project Report 2008-1. Report Submitted to White Buffalo Environmental, Inc. of Tulsa, OK. Branam, Chris and Carol S. Spears 2008 A Cultural Resources Survey of], 743 Acres in the Oden Ranger District of the Ouachita National Forest, Montgomery County, Arkansas. SPEARS Project Report 195. Branam, Chris 2008 A Cultural Resources Survey for a Proposed Cell Tower near Oak Grove, Carroll County, Arkansas. Report submitted to Terracon Consultants, Inc., Bryant, Arkansas. Branam, Chris 2008 A Cultural Resources Survey of the Proposed Water Line North of Steadman Road in the Prairie Grove Battle Field State Park, Washington County, Arkansas. SPEARS Project Report 193. Branam, Chris 2008 A Cultural Resources Survey of the Proposed Water System Improvements for the Rackley Mountain Extension, Crawford County, Arkansas. Report submitted to Hawkins - Weir Engineers, Inc., Van Buren, Arkansas. SPEARS Project Report 192. Melissa Zabecki and Chris Branam 2007 A Cultural Resources Survey for the Proposed Waste Area No. 7 (Former Barrow Pit), Pulaski County, Arkansas. SPEARS Project Report 189. Branam, Chris and Carol S. Spears 2007 A Cultural Resources Survey in the Bayou Ranger District of the Ozark National Forest, Conway, Pope, and Van Buren Counties, Arkansas. SPEARS Project Report 185. A-5 Appendix A Branam, Chris and Carol S. Spears 2007 A Cultural Resources Survey for the Proposed Sewer Line Extension in Pocahontas and Shannon, Randolph County, Arkansas. SPEARS Project Report 184. Branam, Chris and Carol S. Spears 2007 A Cultural Resources Survey for the Proposed Tumbling Shoals Public Water Line, Cleburne County, Arkansas. SPEARS Project Report 183. Branam, Chris and Carol S. Spears 2007 A Cultural Resources Survey of Campgrounds "A" and "C" at Lake Catherine State Park, Hot Springs County, Arkansas. SPEARS Project Report 181. Spears, Carol S. and Chris Branam 2007 A Cultural Resources Survey of the Proposed River Ridge Development and Testing at Site 3PI565 on the Little Missouri River, Pike County, Arkansas, SPEARS Project Report 177. Spears, Carol S., Melissa Zabecki, and Chris Branam 2007 A Cultural Resources Survey of the Proposed Water and Sewer Line Improvements for the City of Pea Ridge, Benton County, Arkansas. SPEARS Project Report 175. Branam, Chris 2006 A Cultural Resources Survey of the Hot Spring County Industrial Park at Malvern, Hot Spring County, Arkansas. SPEARS Project Report 174. Branam, Chris 2006 A Cultural Resources Survey of the Proposed Shadow Ridge Subdivision Development at Pickles Gap, Faulkner County, Arkansas. Report submitted to Tim Tyler Surveying, Conway, Arkansas. SPEARS Project Report 173. Branam, Chris 2006 A Cultural Resources Survey of the Proposed Water Line Improvements by the Western Greene County Regional Water District, Greene County, Arkansas. Report submitted to NRS Consulting, Inc., Jonesboro, Arkansas. SPEARS Project Report 172. Spears, Carol S., Chris Branam, Christopher M. Page, Robin F. Bowers, Glenda Cade, Leslie Walker, and Robert H. Lafferty, III 2006 Archeological Investigations at the Wolf House Site Volume III: Excavations Under the North Pen and Recommendations for Future Studies. Draft Report in Review. Branam, Chris and Carol S. Spears 2006 A Cultural Resources Survey of the Proposed Widening of the Runway and Taxiway at the Clinton Municipal Airport, Van Buren County, Arkansas. Report submitted to Grimes Consulting Engineers, Inc., Little Rock, Arkansas. SPEARS Project Report 170. Branam, Chris and Carol S. Spears 2006 A Cultural Resources Survey of the Proposed Utility Line Corridor Near the Joplin Recreational/Mountain Harbor Area on Ouachita Lake, Montgomery County, Arkansas. Report submitted to the U.S. Army Corps of Engineers, Vicksburg District. SPEARS Project Report 169. Appendix A Branam, Chris and Carol S. Spears 2006 A Cultural Resources Survey of the Proposed East Side Parallel Taxiway at the Rogers Municipal Airport, Rogers, Benton County, Arkansas. An addendum report (to SPEARS 161) submitted to Delta Airport Consultants, Inc., Richmond, Virginia. SPEARS Project Report 167. Branam, Chris and Carol S. Spears 2006 A Cultural Resources Survey of 12 Proposed Seismic Lines on the Ozark -St. Francis National Forests, Conway, Franklin, Johnson, Pope, and Van Buren Counties, Arkansas. Report submitted to Kingfisher Exploration Services, Inc., Beaumont, Texas. SPEARS Project Report 166. Branam, Chris and Carol S. Spears 2005 A Cultural Resources Survey of Proposed Seismic Lines on the Ozark National Forest, Pope, Van Buren and Conway Counties, Arkansas. Report submitted to Kingfisher Exploration Services, Inc., Beaumont, Texas. SPEARS Project Report 165. Branam, Chris and Carol S. Spears 2005 An Archeological Survey of the Proposed Borrow Dirt Pit at the I-40/Highway 326 Interchange, Pope County, Arkansas. Report submitted to Gilbert Central Corp., Russellville, Arkansas. SPEARS Project Report 164. Branam, Chris and Carol S. Spears 2005 An Archeological Survey of the Proposed Lakeland Harbor Condominium Development on Lake Hamilton, Garland County, Arkansas. Report submitted to K&S Developments, Hot Springs, Arkansas. SPEARS Project Report 163. Branam, Chris and Carol S. Spears 2005 A Cultural Resources Survey of the Proposed Oak Shores Boat Ramp on Lake Hamilton, Garland County, Arkansas. Report submitted to Dale Horn (Two D, LLC), Hot Springs, Arkansas. SPEARS Project Report 162. Branam, Chris and Carol S. Spears 2005 An Archeological Survey of the Proposed West Taxiway and "Basin B" at Rogers Municipal Airport, Benton County, Arkansas. Report submitted to Delta Airport Consultants, Inc., Richmond, Virginia. SPEARS Project Report 160. Branam, Chris and Carol S. Spears 2005 A Cultural Resource Survey of the Proposed Oak Shores Boat Ramp On Lake Hamilton, Garland County, Arkansas. SPEARS Project Report No. 162. Prepared for Two D, LLC. Branam, Chris and Carol S. Spears 2005 A Cultural Resources Survey of the Proposed Westside Taxiway and "Basin B ",Rogers Municipal Airport, Rogers, Arkansas. SPEARS Project Report No. 160. Prepared for Delta Environmental Consulting Co. A-7 Appendix A Branam, Chris 2003 Steamboat Wrecks on the Arkansas River between Fort Smith and Arkansas Post, 1830- 1900. Unpublished Master's thesis, Department of Anthropology, University of Arkansas, Fayetteville. A-8 Appendix B AMASDA # Project Name Contracting Entity Year 40 El Dorado to North Little Arkansas Archeological 1977 - Rock Texas -Eastern Pipeline Survey 00-00 Survey 51 Phase I Texas Eastern P62 ArkansasArkansas 1978 - Gas Pipeline NE AR Archeological Survey 00-00 Jeter:1987) 564 Dark Hollow Drainage, North ArkansasLittle Rock District, 1985 - Little Rock Corps of Engineers 00-00 805 Jacksonville ArkansasArkansas 1981- Wastewater/Sewer Line Archeological Survey 00-00 Survey 1096 Little Rock Northbelt ArkansasArkansas Highway & 1982 - Expressway Transportation Department 00-00 1182 Faulkner Lake Ditch ArkansasSponsored Research 1986 - Improvements Program - AASurvey 00-00 1186 Five Mile Creek Sewerage ArkansasSponsored Research 1987 - Treatment Plant Program - AASurvey 00-00 1309 Ink Bayou Testing ArkansasSponsored Research 1984 - Program - AASurvey 00-00 1313 Arkansas River Navigation ArkansasArcheological 1987 - Survey, Pools 1 through 9 Assessments, Inc. 00-00 1349 Jacksonville Cutoff Highway ArkansasArkansas Highway & 1988 - Survey Transportation Department 00-00 1351 Wildwood Interchange ArkansasArkansas Highway & 1988 - Reconstruction Transportation Department 00-00 1385 Plum Bayou Survey ArkansasArkansas 1988 - Archeological Survey - 00-00 TOLTEC Station 2601 Sherwood North Bridges & ArkansasArkansas Highway & 1993 - Approaches, Pulaski Co., Transportation Department 00-00 (PIF) 2612 Springhill Farm Property in ArkansasS.P.E.A.R.S. 1993 - North Little Rock, Pulaski 00-00 County 2645 Highway 165 - 70 (391), ArkansasArkansas Highway & 1993 - Pulaski County Transportation Department 00-00 3132 Springhill Drive Interchange ArkansasArkansas Highway & 1994- (NLR), Pulaski County Transportation Department 00-00 3170 Survey of the Isabelle Cooper ArkansasEGIS Consulting, 1994 - Industrial Park, Pulaski Inc. 00-00 County 3254 Faulkner Lake Road, Pulaski ArkansasArkansas Highway & 1994 - County I Transportation Department 00-00 3474 1 Faulkner Lake Testin , I ArkansasSponsored Research i 1995- Appendix B l 3PU115, 3PU163, 3PU410 Program - AASurvey 00-00 3563 Mitigation of 3PU115 and ArkansasSponsored Research 1996- 3PU410 at Faulkner Lake Program - AASurvey 00-00 3770 Springhill Interchange ArkansasMid-Continental 1997- (AHTD No. R601138) Research Associates 00-00 3833 Proposed Fiber Optic Cable, ArkansasPanamerican 1998 - Interstates 55, 40, and 30 Consultants, Inc. 00-00 3930 McCain Blvd. Ped. ArkansasArkansas Highway & 1994 - Enhancement (NCR), Pulaski Transportation Department 00-00 County (PIF) 4277 Highway 67 Interchange ArkansasArkansas Highway & 2000 - Transportation Department 00-00 4411 Rixey Wastewater ArkansasMichael Baker Jr., 2001 - Improvement Project, Pulaski Inc. 00-00 County, Arkansas 4846 McCain Blvd. - 43 St. ArkansasArkansas Highway & 2003- (Smokey Lane) (NLR) (PIF) Transportation Department 00-00 4949 Kellogg Creek - Bayou Meto ArkansasArkansas Highway & 2004 - (PIF) Transportation Department 00-00 5026 1-40 McCain Blvd. and ArkansasArkansas Highway & 2005- Wildwood-Kiehl Ave. Transportation Department 00-00 Pulaski County 5035 I-30 to Highway 165 ArkansasArkansas Highway & 2005 - Widening Transportation Department 00-00 5112 Reconnaissance and ArkansasPanamerican 2005 - Inventory of 72 Army Consultants, Inc. 00-00 National Guard LTA 5121 Indianhead B Cell Tower ArkansasEnvironmental 2005 - Corporation of America 00-00 5147 Section 106 Review Cell ArkansasEnvironmental 2005 - Tower, Indian Hills B, N. Corporation of America 00-00 Little Rock 5174 Jacksonville West AR ArkansasEnvironmental 2006 - Corporation of America 00-00 5212 I-40 McCain Blvd. & ArkansasArkansas State 2006- Wildwood-Kiehl Ave. (F) Highway & Transportation 00-00 (PIF) Department 5406 McCain Mall East Cell ArkansasGEO-Marine, Inc. 2005 - Tower in Pulaski County, 00-00 Arkansas 5407 Eureka Garden Road Cell ArkansasGEO-Marine, Inc. 2005 - Tower in Pulaski County, 00-00 Arkansas 5505 Proposed Waste Area No. 7 ArkansasS.P.E.A.R.S. 2007 - (Former Borrow Pit) Pulaski 00-00 l Appendix B County 6067 Highway 176 to Highway Arkansas Highway & 2010- 107 Brockington Road, Transportation Department 00-00 Pulaski County, Arkansas (PIF) APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED 07/13/2012 Applicant Identifier Thomas Lee Jones 1. TYPE OF SUBMISSION: :f DATE RECEIVED BY STATE State Application Iderltiter Application Pre -application ❑X Construction ❑ Construction 4. DATE RECEIVED BY FEDERAL AGENCY l Federal tdenlitler F1 A4n-C4!+�truction f_l tangy-G�natr�acFi�rn -- _ _ 5. APPLICANT INFORMATION Legal Name: Arkansas Department of Health Organl2ational Unit: Department: Federal Assistance Organizational DUNS: 809873185 Division: Fiscal Address: Name and telephone number of person to be contacted on matters Street: involvin this applloatlon (give area code) 4815 West Markham Street -Slot 46 Prefix: Mr. I First Name: Thomas City: Little Rock Middle Name Lee Co"' Pulaski Last Name Jones Email: Thomas.Jones@arkansas.gov Phone Number (give area code) Fax Number (give area code) state: Arkansas Zip Code 72205 Country: USA 8. EMPLOYER IDENTIFICATION NUMBER (EIN): a D-00 ul- @Df HER (501) 661-2171 (501) 661-2572 7. TYPE OF APPLICANT: (See back of form for Application Types) 8. TYPE OF APPLICATION: ❑ New ® Continuation ❑ Revision A. State if Revision, enter appropriate letter(s) in box(es) (See back of farm for description of letters.) Dther (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Interior, Fish and Wildlife Service 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: [)J[s]_1 ]F 21 John Burkhalter Marina Boating Infrastructure Grant -Tier TITLE (Name of Program); Boating Infrastructure Grant Program II 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Little Rock, Pulaski County, Arkansas 14. CONGRESSIONAL DISTRICTS OF: 13. PROPOSED PROJECT Start Date: 02/01/2008 Ending Date: 01/31/2013 a. Applicant 02 b. Project 04 15. ESTIMATED FUNDING: 18. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 1,000,000.00 a. Yes. 2 THIS PR>=APPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: 07/13/2012 b. No. ❑ PROGRAM IS NOT COVERED BY E. 0. 12372 ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE b. Applicant $ c. State d. Local 3,200,000.00 e. Other $ FOR REVIEW _ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑Yes If "Yes" attach an explanation. ®No f. Program Income g. TOTAL 4,200,000.00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATiOWPREAPPLIC:ATION ARE TRUE ANI} CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. 8. Al00rtzed Re iative Prefix Mr. First Name Thomas Middle Name Lee Last Name Jones Suffix Title Arkansas Cf n V sseI Act and BIG P Grant Coordinator _ Telephone Number (give area code) 501 6 1-2179 ms re of u!h d R ni '�- D ed �7 / F'rd1h011S td)[I0n Usable u Authorized for Local Re&46duction IStandard Form 424 (Rev.9.7.OD3) Prescribed by OMB Circular A-102 0c5 APPLICATION FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMRTED 10/29/2007 Applicant Identifier 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-appllcatlon � �1=D AR. .(80311=025 4. ATE RECEI 9Y FREDERAL AGENCY Federal Identifier 19 Construction EJ Construction ❑. Non-ConsUmcilon NoR&P—n-adruction 5. APPLICANT INFORMATION Legal !Name: Arkansas Game and Fish Commission Organizat.Ionat Unit: Department: Federal Assistance Organizallonal DUNS: 039347666 Division: Fiscal Address: Name and telephone number of person to be contacted on matters Street Involvingthis application (give area code #2 Natural Resources Drive Prefix: Mr. First Name: Ian City: Little Rock Middle Name county: Pulaski Last Name Hope State: Arkansas Zlp Code 72205 sliftix: � --- - - - -- country: USA Ema➢: iphope@agfc.state.ar.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 190—©0 o❑®Q®® (501) 223-6365 (501) 223-6481 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) © New ❑ Continuation ❑ Revision A. State If Revision, enter appropriate letter(s) In box(es) (See back of form for description of letters.) , r� Other (specify) _j Other (specify) 9. NAME OF FEDERAL AGENCY: U.S. Department of Interior, Fish and Wildlife Service 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: II. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: [�Q—©❑2 �2 John Burkhalter Marina Boating Infrastructure Grant - TITLE (Name of Program): BIG -P Tier II 72. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Camden, Ouachita, Arkansas 4a. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: 11/01/2007 Ending Date: 12/31/2008 a. Applicant 02 b. Project 04 16. ESTIMATED FUNDING: 46. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12392 PROCESS? a. Federal 1,000,000.00 a. Yes. 11 PREAPPLICATIONIAPPLICATION WAS MADE b. Applicant AVAILABLE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON c. State $ DATE: Z Local 53,200,000.00 b. No. ❑ PROGRAM IS NOT COVERED BY E. 0. 12372 T Other $ ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income S 4,200,000.00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If "Yes" attach an explanation. ® No g. TOTAL IS. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. u o ed e Prefix Mr, First Name Ian Mlddle Name Last Name Hope D uftlx b. Titre Grants S ervisDr Telephone Number (give area code) 501 223-6365 Signature f A owed Rep res ita a ssp A e. Date Signed Ape F'lA d . Ivy VUa C"Iluvll Utwulu V StandardlForm 424 (Rev.9.2003) Authorized for Local Reoroduction INTERGOVF-P NMENTAL Prescribed by OMB Circular A-102 SERVICES STA M CLDRINGHOU5E United States Department of the Interior a FISH AND WILDLIFE SERVICE k3�,aag 1875 Century Boulevard Atlanta, Georgia 30345 IN REPLY REFER TO fEB 2 9 2005 FWS/R4/MS FA Mr. Mike Gibson, Deputy Director Governmental Affairs Arkansas Game and Fish Commission 2 Natural Resources Drive Little Rock, Arkansas 72205 Dear Mr. Gibson: Attached is the official notification of the Fiscal Year 2008, Tier 11 Boating Infrastructure Grant - Program awards. Your coordinator has already received an informal notification of the grant award. Each State receiving a Tier 11 award should begin putting together a final grant package, which will allow us to obligate grant funds. To accomplish this, we will need the following: 1. Section 7 Evaluation, with concurrence g non -concurrence from thea ro.zriaie Ecofnffi.cai Service Field Office• 2. Section 106 of the National Historic Preservation Act; 3. Clearinghouse Review, if necessary; and 4. Copies of permits issued by the Army Corps of Engineers pertaining to the project. Please note that the initial proposal was to determine eligibility only. Substantiality in character and design will be determined once all components of the grant have been received. in addition, please be advised that we will need the criteria for the National Environmental Policy Act (NEPA) to be addressed. Please contact our office should you have questions regarding how to address the NEPA criteria. Scott White is the point of contact in our office for the Boating Infrastructure Grant -Program. Should you have any questions, he can be reached at (404)679-7113. Attachment Sincerely yours, Michael L. Piccirilli Chief -Federal Assistance `TAKE PR I a EO' , �* IN MERICA�"' riECsFk V I',- O MAR - 5 2OC3 ,{. , MRA -AL .�A1- us trsr aF ry v rr`1E e3 United States Department of the Interior FISH AND WILDLIFE SERVICE Washington, D.C. 20240 In Reply Refer to: FWS/AWSR/FA:034666 ,IAN 2 Un 2008 Memorandum To: Director Through: Assistant Director — Wildlife and Sport Fish Restoration Programs From: Chief, Division of Policy and Programs Subject: Boating Infrastructure Grant Program Tier Il Project Award Recommendations - Fiscal Year 2008 This memorandum seeks your review and approval of awards for the Fiscal Year 2008 Boating Infrastructure Grant (BIG) program. Specifically, we seek your approval for 19 Tier II proposals to receive $13,541,848 in Federal grant awards. There is currently $12,684,477 available for awards and additional funds from closed grants will be available in the near future. The Division of Wildlife and Sport Fish Restoration Programs recommends awarding all of the funds currently available plus the pending recovered funds for the 19 proposals identified in the attached table. The attached table identifies the proposals in ranked order. The Service received 35 proposals that requested a total of $33.1 million of BIG Tier II funds in Fiscal Year 2008. The BIG program includes noncompetitive Tier I and competitive Tier II funding levels. Each State, Commonwealth, Territory and the District of Columbia may receive up to $100,000 annually of Tier I funds by submitting an eligible proposal to the Service. Thirty eight States, Commonwealths, and Territories submitted proposals requesting a total of $3,688,057 BIG Tier I funds in Fiscal Year 2008. We determined the total funding currently available for the Fiscal Year 2008 BIG Tier II awards as follows: FY2008 New Appropriation/Budget Authority $13,968,009 FY2007 Carryover and Recoveries from Closed Grants $ 2,619,525 FWS Administration Fees ($ 215,000) FY2008 Tier I Requests (S 3,688,0_57 Total Currently Available for Tier II $ 12,684,477 TAKE F�Ri QR"" ; � RNAMERl . A panel of the Service's Wildlife and Sport Fish Restoration Programs staff and members of the Sport Fishing and Boating Partnership Council's (SFBPC) BIG Tier II Ranking Committee met jointly in early December and scored the proposals using the BIG selection criteria identified in 50 CFR, part 86. The SFBPC approved the ranking and funding recommendations of their BIG Tier II Ranking Committee during their mid December meeting and forwarded these to the Service previously (see attached letter of December 20, 2007 from SFBPC). The scores of the Service's ranking panel and of the SFBPC were equally weighted and combined to determine the final score for each proposal. The proposals are listed in order of their final score in the attached table. The ranking committees determined that several proposals were -ineligible -for funding due.to_a_vatiet_yy_uf.reasons..(e..g._inadequale_budget-documentatio ,- -..-.---- ineligible facilities), The ranking committees also determined that portions of some proposals contained unnecessary or ineligible facilities or activities and removed these portions from funding consideration (e.g. the review panels determined that the City of Green Bay Riverfront Development proposal included expenses that were unnecessary for the proposed transient boating facilities and removed these portions of their proposal from consideration). The review panels then scored the remaining aspects of these proposals based on the eligible activities (e.g., the review panels determined that $764,790 was eligible for Federal funding with the City of Green Bay proposal). Project descriptions of all proposals are included for your review (Attachment 2). The 19 highest -ranked proposals would support boating infrastructure development efforts in 15 States. If approved, the proposed awards for Arkansas, Connecticut, Georgia, Rhode Island, and Wisconsin will be the first BIG Tier II awards for these States. If you have specific questions or would like a briefing, please contact Dr. Brian Bohnsack, Division of Wildlife and Sport Fish Restoration Programs, at 703-358-1801. Concur: /��Date: _ , - f '? - L)$ Attachment N n a I a 7 a M 0 0 0 m m a a a a 3 0 e i Page 1 of 3 Hope, Ian P. From: Lindsey_Lewis@fws.gov Sent: Monday, March 10, 2008 11:30 AM To: Hope, Ian P. Subject: Fw: Section 7 review for new project Ian, You should know that this project will require either a Fish & Wildlife Coordination Act Report or a 404 permit or both, In any case there will be a mitigation requirement/component to insure no net loss of habitat in the river. To what extent this would entail is uncertain without a more detailed project description, but it could be substantial. The Service would maintain the need for appropriate mitigation for this project the same as any other. Call me if you need to discuss this further. Lindsey Lewis Biologist US Fish & Wildlife Service Arkansas Field Office 110 South Amity Rd., Suite 300 Conway, Arkansas 72032 '(501) 513-4489 - voice (501) 513-4480 - fax Lindsey_Lewis@fws.gov ---- Forwarded by Lindsey LewislR4/FWS/D01 on 03/10/2008 11:23 AM ---- Chris Davidson/1141FW81001 To Lindsey Lewls/R4/FWS/DOI@FWS 03/1012008 11:05 AM cc Subject Fw: Section 7 review for new project No ESA concerns, but if you have any concerns from federal project side ... you better respond to Ian asap. Chris Davidson Endangered Species Coordinator U. S. Fish &Wildlife Service Arkansas Field Office 110 South Amity Road, Suite 300 Conway, AR 72032 office: 501-513-4481 cell: 501-730-3268 fax: 501-513-4480 email: chris_davidson@fws.gov ---- Forwarded by Chris DavidsonlR4/FWS/DOI on 03/10/2008 11:04 AM ----- "Hope, Ian P." <Iphope@agfc.state.ar.us> To "Posey, Bill R." <brposey@agfc.state.ar.us> "Irwin Kelly J" <kirwin@agfc.state.ar.us>. 03/07/2008 08:50 AM 3/11/2008 "Wagner, Brian K." <bkwagner@agfc.stale.ar.us>, "Chris Davidson " ,-Chris_Davidson@fws.gov> Page 3 of 3 Little Rock, Arkansas 72205 50'-223-6365 All typos in this email are intentional and for your enjoyment, 3/11/2008 i t 1 October 23, 2012 Arkansas Department of Health 4815 West Markham Street . Little Rock, Arkansas 72205-3867 • Main Telephone (501) 661-2000 Governor Mike Beebe Paul K. Halverson, DrPH, FACHE, Director and State Health Officer JAPB LLC Attn: John Burkhalter 26 Collins Industrial Place North Little Rock, AR 72113 RE: Sub Grant Agreement: 4600027528 Purchase Order Number: 4501299426 Dear Service Provider; Contract Support Section Slot H-58 ARKANSAS DEPARTMENT OF 4VHealth 4 IGy; f Ye. ti �,,, etews N•j `1 Thomas L. Jones, R.S. Marine Sanitation Program/CVA Grant Swim Beach Program Central Office Slot 46 Phone: 501-661-217 4815 West Markham Fax: 501-661-257 Little Rock, AR 72205 Cell: 501-920-148 Email: Thomas.Jones@arkansas.gov The referenced Sub Grant Agreement is approved and a copy is enclosed for your records. Thank you for your commitment in helping to fulfill the demand for services throughout the State. If you have questions, please contact the Agency Sub Grant Contact Person: Tom Jones Environmental Health Protection (501) 920-1484 cc: Local Public Health Environmental Health Protection Contract Support Section sVt ire I.S. Vendor No. 100190636 Contact Env. Health Services Your reference 4600027528 JAPB LLC 26 COLLLINS INDUSTRIAL PLACE NORTH LITTLE ROCK AR 72113 Send Invoice To: Arkansas Department of Health Accounts Payable 4815 West Markham Street Slot 28 Little Rock, AR 72205-3867 FY 2013 Services Solicited Proposal STATE OF ARKANSAS Purchase Order PO No. Date I � 4501299426 10/19/2012 Contact Sherry Gibson Telephone 501-661-2569 Our ref. SG Incoterms FOB DESTINATION s-n'A10 Valid from: 11/01/2012 ADH - ENVIRONMENTAL HLT/FOOD SRV -SLOT Valid to: 06/30/2013 ENVIRONMENTAL HLT/FOOD SRV -SLOT H-46 Delivery Date: 06/30/2013 4815 W MARKHAM LITTLE ROCK AR 72205 Agency Contact Person Regarding Sub Grant Agreement/PO/Invoice: Thomas "Tom" Jones 501-920-1484 Item Material/Description 0001 10090192 PROF.SERVICE MISCELLANEOUS Outline Agreement Number 4600027528 FY 2013 Services - 11/01/2012 to 06/30/2013 Compensation - $111,161.25 Solicited Proposal - Installation/construction of a multi purpose dump station and a fixed pump -out facility sub grant agreement (V-16). CFDA #15.616 QuantityUM 111,161.25 ZLS Net Price Page 1/2 Net Amount 1.00 $ 111,161.25 Net Value $ 111,161.25 Payment Terms: Payable immediately Due net Total net item value USD including tax $111,161.25 GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All ourchasina rules and reaulations defined by the State of Arkansas apply to this document. /��trLJ Purchasing Official/Fiscal Officer 10/22/12012 1 � STATE OF ARKANSAS Page Q 2/2 V jL L� N ' qxy Purchase Order Vendor No. 100190636 PO No. 4501299426 Contact Env. Health Services Date 10/19/2012 Your reference 4600027528 Our reference SG Pursuant to Arkansas Code Annotated 19-4-1206, the agency shall certify that the services have been performed and/or the goods received prior to payment being authorized and processed. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. Arlrnn¢ nl nmrfmnnt of Wanith Agreement # '202, _L ARKANSAS DEPARTMENT OF HEALTH � P_0 € SUB -GRANT AGREEMENT This Agreement is entered into between the State of Arkansas, Arkansas Department of Health, Local Public Health , Environmental Health Section, hereinafter referred to as the Department and the Recipient, as indicated below, hereinafter referred to as the Recipient. This Agreement will begin on 11/1/12 and will end on 6/30/13 In no event shall the initial tern of the agreement extend beyond the end of the current biennial period unless the (General Assembly, prior to the expiration of the biennial period, makes an appropriation for such purpose. H. Purpose and Scope Sub -Grant Type Discretionary Purpose of Sub -Grant Installation/construction of a multi-purpose dump station and a fixed pump -out facility that will be located on the Arkansas River near Little Rock, Arkansas. Total funding amount of this sub -grant is $111,161.25 Geo aphical Coverage Area: Indicate geogr Pulaski County ADH Contact Name Tom Jones Sub -Grant Developer Name (Genene Case area as either statewide or by individual Area Code + Phone j 501-920-1484 Area Code + Phone 501-661-2171 All parties agree the following attachments contain the objective and scope and are hereby made a part of this sub -grant. These attachments may not be altered or modified without a written amendment signed by all aides. Attachment # Description 1 Purpose and Scope 2 Budget and Budget Narrative 3 Certification Regarding Lobbying & LLL Form (if LLL is applicable) 4 Business Associate Agreement 5 Recipient's Response To Soliicited Proposal ® Contract and Grant Disclosure and Certification Form Other documentation to be included if applicable IDeval Immigrant Certification HL Checklist for Debarred Vendors — To be cpm leted b Contract Sn ort Section AR OSP & FEDERAL EPLS YES ❑ NOI Initials FIN -9600 (R 12/10) 1 of 6 Date of Verification I Agreemerd # o o '7 ARKANSAS DEPARTMENT OF HEALTH SUB -GRANT AGREEMENT IV. Procurement Method, Funding Information, Agreement Liability, and Source of Funds Procurement Method i Solicited Pro so Funding Information Active Date: From Active Date: To AASIS Material* General Ledger Cost Center Internal Order # Fund Fund Center Commitruent Item CFDA # Source of F % of Fundin Papinnt Method Payment Schedule Proposed Amount Funding Information Active Date: From Active Date: To AASIS Material # General Ledger Cost Center Internal Order # Fund Fund Center Commitment Item CFDA # Source of Funding of Funding Payment Method Payment Schedule Proposed Amount Funding Source 1 11/1/12 6/30/13 10090192 5100001000 610340 AMSD0013 PHD0000 34P 510:00:04 15.616 Federal 100 Actual Cost Reimb Monthlv Cumulative $1 I Funding Source ----- I FI unding Source ----- I Funding Source - - - - - Funding ----- l F Funding Source ----- Agmment Uabili- Grand Total 1 $111,161.25 Source of Funds: Com lete the appropriate box or boxes below to total 100% of the funding in this agreement. % Federal Funds % State Funds % Cash Funds % Trust Funds %Other Funds 100 Fund Title Source 1 US Department of the Interior, Fish and Wildlife Service, Clean Vessel Act for Marine Sewage Fund Title Source - - - - - Fund Title Source - - - - - Fund Title Source ----- - Fund ---- Fund Title Source - - - - - Fund Title Source - - - - - FIS -9600 (R 12/10) 2 of 6 6% 1Kk Agreement #] 7 E.r o 0 a ? 5- ;19 ARKANSAS DEPARTMENT OF HEALTH SUB -GRANT AGREEMENT V. Cancellation A. The Department and the Recipient agree that either party may cancel this agreement unilaterally at any time by giving the other party thirty (30) calendar days written notice, and delivering notice of cancellation either in person or by certified mail, return receipt requested, restricted delivery. Cancellation notices to the Arkansas Department of Health must be sent to the ADH Director or the authorized representative designated herein. VL Program Compliance Aa State and Federal Laws: Performance of this sub -grant by the Recipient and the Department must comply with state and federal laws and regulations. If any statute or regulation is enacted which requires changes in this sub - grant, the Recipient will receive ,toti>icaiion of the required charges. This sub -grant shall then be amended according to the procedures outlined in Section X. B. Force Majeure: Neither party will be held responsible for any delay or failure to perform any part of this sub - grant when such delay or failure results from fire, s aod, cinile,-m-c. war or insurrection, unusually severe heather, or the legal acts of public authorities. Ce Compliance with Nondiscrimination Laws: The Recipient will comply with all applicable provisions of the following federal regulations related to nondiscrimirnation, both in service delivery to clients and in employment, including, but not limited to, the following: Title 45 Code of Federal Regulations: Part 80 (Nondiscrimination on the Basis of Race or Sex) Part 84 (Nondiscrimination on the Basis of Handicap) Part 90 (Nondiscrimination on the Basis of Age) Americans with Disabilities Act of 1990, U. S. C. Section 12101 et. seq. Title 28 Code of Federal Regulations: Part 35 (Nondiscrimination on the Basis of Disability in State and Local Government Services) Title 41 Code of Federal Regulations: Part 60-741 (OFCCP: Affirmative Action Regulations on Handicapped Workers) The Department will firrnish a copy of these regulations to the Recipient upon request De Certification Regarding Lobbying: The Recipient will comply with Public Law 101-121, Section 319 (Section 1352 of Title 31 US.C.) by certifying that appropriated federal funds have not been or will not be used to pay any person to influence or attempt to influence a federal officiallemployee in connection with the awarding of any federal contract, sub -grant, loan or cooperative agreement for an award in excess of $100,000.00. This certification is included as Attachment 3 to this sub -grant. If the Recipient has paid or will pay for lobbying using funds other than appropriated federal funds, Standard Form -LLL (Disclosure of Lobbying Activities) shall be completed and included with Attachment 3 to this sub -grant. Eo Certification Regarding Debarment and Suspension: The Recipient, as a lower tier recipient of federal funds, will comply with Executive Order 12549 (Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions). By signing and submitting this lower tier proposal, the prospective lower tier participant, as defined in 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its principals: . FIN -9600 (R 12/10) 3 of 6 Agreement* ( 0 0 0 �, � �__s ARKANSAS DEPART-WNT OF HEALTH SUB -C F> 41NT AGREEMENT are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. where the prospective lower tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this prnpcsal- (Reference Section III. Checklist for Debarred Vendors) F. Legislative Re�,icw: Act 1032 of 1999 specifies that no state agency shall award any discretionary sub -grant that exceeds $10,000.00 prior to review by the Arkansas Legislative Council or the Joint Budget Committee. If the state agency determines that an emergency exists the state agency may award the sub -grant prior to review, and shall immediately notify the Legislative Comneg or Joint Budget Committee as to the facts constittl ing the emergency. All non -discretionary sub -grants are exempt from review. Certain discretionary sub -grants are exempt from review. These include: • sub -grants to another governmental entity such as a state agency, public educational institution, federal governmental entity or body of a local government • disaster relief sub -grants sub -grants identified by the Arkansas Legislative Council to be exempt a sub -grants deemed to contain confidential information that would be in violation of disclosure laws • sub -grants for scholarship or financial assistance award to or for a post -secondary student VIL Program Operation A. Purpose and Scope: The Recipient shall furnish a description of the purpose and scope of this sub -grant as specified in Attachment 1. B. Statistical and uncial Information: The Recipient shall certify and compile statistical and financial information_ Financial info+aadoz shall be maintained in accordance with generally accepted accounting principles. C. Subcontracting: The Recipient shall be responsible for the performance of all obligations under this sub -grant, including subcontracted services. The Recipient shall notify all subcontractors that the Department is not responsible for payments to the subcontractor and that all reimbursement for subcontracted services will be made by the Recipient. VEL Information and Records A. Access to Records: The Recipient will grant access to its records upon request by duly authorized representatives of state or federal government entities. Access will be given to any books, documents, papers or records of the Recipient which are related to any services performed under the sub -grant. The Recipient additionally consents that all sub -grants will contain adequate language to allow the same guaranteed access to the records of sub - grantees. B. Record Retention: The Recipient will retain all books, records, and other documents relating to expenditures and services rendered under this sub -grant for a period of five (5) years from the date this sub -grant expires, or if an audit is pending at the end of the five-year period, until resolution of the audit. Department access to all books, records, and other documents will be according to the procedures outlined in Section VIII, A, of this sub -grant. H PAA -related records will be retained for a minimum of six (6) years from the date of sub -grant expiration. FIN -9600 (R 121I0) 4 of 6 Agreement # 144 o o r-) � `? � v"- d ARKANSAS DEPARTMENT OF HEALTH SUB GRANT -AGREEMENT C. Confidentiality of Client Records: The Recipient will maintain the confidentiality of all client records. This restriction does not apply to disclosures made with the informed, written consent of the client, or if the client is not a competent adult or is a minor, with such consent of the clients parent, guardian or legal representative. IXo Fiscal Practices AL Claims: Only those claims for costs and services specifically authorized under this sub -grant will be alloxved by the Department Any work performed, material furnished, or costs incurred not covered by this sub -grant shall be solely the responsibility of the Recipient Bo Non -Duplication of Payment: Services provided or costs incurred under this sub -grant shall not be allocated to or included as a cost of any other State or Federally financed program. Co Billing: Billing under this agreement will be in accordance with established Department procedures. Payment method will be as stated in Section IV of this agreement. Final iuvoices must be submitted to Arkansas Department of Health within thirty (30) calendar days of contract expiration. Failure to comply may result in non- payment. Pursuant to Arkansas Code Annotated 19-4-1206, the age-ney shall certify that the services have been performed or the goods received prior to payment being authorized and processed. Do limitation of the Department's Obligation To Pay: The Department is not obligated to make payment under this sub -grant if the Department does not receive sufficient monies from the funding source(s) designated in this sub -grant to fund said obligations and other obligations of the Department, or is not given legal authority from the Arkansas Legislature to expend these funds. The Department is not obligated to make payment if sufficient state or local matching money is not available at the time the bill is presented for payment. E. Payment From Department Considered Payment in Full: Payment received from the Department under this sub -grant shall be payment in full for all services and/or costs covered by the payment. No fee or other charge shall be made against a client or a third party for these services and/or costs. This paragraph does not preclude allocation of costs among two or more funding sources, or payment of portions of a service and/or cost under different funding sources, so long as there is no duplication of payment. F. :audit Requirement: For awards in excess of $300,000.00 a current audit report is due. Recipient shall Comply with the ADH audit requirements as outlined in Arkansas Department of Health "Audit Guidelines." Copies may be obtained from: Arkansas Department of Health Internal Audit Section 4815 West Markham Street, Slot 54 Little.tock, Arkansas 72205-3867 Ge Departmental Recovery Of Funds: The Department shall seek to recover funds not utilized in accordance with the terms and conditions of this sub -grant X< Amendment Any amendment to this sub -grant shall be valid only when in writing and when duly signed by the authorized representative(s) of the Recipient and the Arkansas Department of Health. Recipient and Department acknowledge that no verbal or written representations, other than those contained herein, have been made as an inducement to enter into this agreement and that this writing constitutes the entire agreement FIN -9600 (R 12/10) 5 of 6 Agreement 4 `i � c, o e ARKANSAS DEPARTMENT OF HEALTH SUB -GRANT AGREEMENT X1 Certification and Signature A. Recipient Certification of ]Documentation: The Recipient certifies that all documentation presented to obtain this sub -grant is true and complete. The Recipient agrees to notify the Department of any changes in this documentation except when the Department has given specific written permission to waive such notification. Eo SIGNATURES. Signature of Sub -Grant Recipient Authorized Representative Signature oTecipi Representative John Burkhalter Printed Name of Recipient Authorized Representative Owner Title In signing this document, I attest that I am authorized by the ]Board of Directors or other governing authority to sign this sub -grant on behalf of the Recipient. This sub -grant is effective on date specified on page 1, but no earlier than the date signed by the last signing party. of ADH Agency Authorized Representative Signature r oe ADH Agency Authorized Representative Date Robert Brech _ CF® Printed Name of ADH Agency Authorized Representative Title In signing this document, I attest that I am exercising appropriate fiduciary authority in the commitment of available resources to achieve program agency objectives. FIN -9600 (R 12/10) 6 of 6 m W V O u 8 4M 7 C C 0 �0 E OE �v 0 m � ¢ o [p m tb ad+ v D O K0 �. "E C -- a taw d 0 d *_ 6 E y= e E cLEm �w Com CSC o 3 moo` 0 o � � o W o c_ C, H N U r � `oto 93 o � c m s ew Q (�p N t7 o w ;c `o ti c C13 c aN C W m m E V (n L C Dc d 4� o � G 0 o 1Q dE� .L� G 7 U_o 000 C W ;l s _ o �a m S- c �tl A SO2 a C a � p C 0 d � a C d = V dIN 12 d �35 d . 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Please click here to return to the home page, Print Disclosure Submission Vendor: JAPB, LLC Contract Type: Technical/General Services Bid Number: N/A I, certify that well do not employ or contract with an illegal immigrant. Disclosure Statement: Answer: yes Contact E-mail: joann@burkhalterinc.com Agency Name: Department of Health Submitted At: 08-07-12 Agreement Number: Attachment Number: 1 Page 1 of 3 Action: New 71"000 ;�75;)-,f SUB -GRANT CONTRACT BETWEEN THE ARKANSAS DEPARTMENT OF HEALTH AND JAPB LLC ON THE ARKANSAS RIVER NEAR LITTLE ROCK, ARKANSAS This Sub -grant Contract, by and between the ARKANSAS DEPARTMENT OF HEALTH, hereinafter referred to as the 'Department' and JAPB LLC, hereinafter referred to as the "Sub -Grantee," is for the provision of construction of a multi-purpose dump station and a fixed pump -out facility for the disposal of marine vessel sewage and haul away, as further defined in the "SCOPE OF SERVICES." Grantee Federal Employer Identification Number: 20-5609045 Grantee Place of Incorporation or Organization: ARKANSAS Coverage Area: Pulaski, Arkansas A. SCOPE OF SERVICES: A.1. The Sub -Grantee shall provide all service and deliverables as required, described, and detailed by this Scope of Services and shall meet all service and delivery timelines specified in the Scope of Services section or elsewhere in this Sub -Grant Contract. A.2. No construction of additional slips, additional on -shore facilities, or restroom facilities are authorized by this grant. A.3. The dump station facility shall be used for the collection of boat sewage waste. A.4. If the Sub -Grantee's scope of services requires that the waste be "pumped and hauled" to a municipal system, the Sub -Grantee shall submit plans and specifications for approval and possible permitting to the Arkansas Department of Health. A.5. If the Sub -Grantee's scope of services requires that the waste be pumped into a septic system, the Grantee shall submit plans and specifications for approval and possible permitting by the Arkansas Department of Health. A.6. Plans and specifications, including all contract documents and any subsequent changes, must be submitted to the Arkansas Department of Health for review and approval in writing prior to construction start-up. A.7. Any changes to the approved sub -grant plans and specification must be approved by the Department prior to construction to be eligible for reimbursement. A.8. The design of the project is the responsibility of the applicant. All necessary permits must be secured by said applicant, who is responsible for compliance with all permit requirements, state and local codes and the inspection of the project to insure compliance of materials, products, and workmanship with the approved plans and specifications. Periodic inspections and a final inspection shall be made by the Agency to insure funds are properly spent. A. 9. A maximum $5.00 (five dollar) fee may be charged for the use of pump -out and dump stations. AGREEMENT NUMSER: V a 5 ATTACHMENT NUMBE�::i PAGE 2OF3 Action: New A.10. The Sub -Grantee shall maintain a collection and disposal log for of all marine sewage waste. The record must show date of collection, gallons of marine sewage collected, and disposal to a Department approved facility. A.11. The Sub -Grantee agrees to operate and maintain the proposed project in good working order, inclusive of necessary supervision, for five (5) years from the date of Department acceptance. A.12. The Sub -Grantee will: A. Provide to the Department an approved method for final disposition of sewage. B. Accomplish, without liability to the State of Arkansas, any alterations or relocations, as required for sewer, water supply, or any other utility facilities. A.13. All recreational vessels must have reasonable access to mobile pump -out and or dump stations funded under this grant program. Facilities shall continue to be accessible for the term of the sub -grant period (5 years). A.14. In the event that the Sub -Grantee's facilities exchange ownership or lease, a written agreement will be obtained from the new owner/lessee (and subsequent owners/ lessees) that ensures continued compliance with this agreement. B. SUB -GRANT CONTRACT TERM: This Sub -Grant Contract shall be effective for a five (5) year period. The State shall have no obligation for services rendered by the Sub -Grantee which are not performed within the specified period. C. PAYMENT TERMS AND CONDITIONS: C.1- Maximum Liabil. In no event shall the maximum liability of the State under this Sub -Grant Contract exceed ONE HUNDRED ELEVEN THOUSAND ONE HUNDRED SIXTY-ONE DOLLARS AND TWENTY-FIVE CENTS ($111,161.25). C.2. Compensation Firm. The maximum liability of the State is not subject to escalation for any reason unless amended. The Sub Grant amounts are firm for the duration of the Sub -Grant Contract and are not subject to escalation for any reason unless amended. C.3. Payment Methodoiacly. The Sub -Grantee shall be compensated for actual, reasonable, and necessary costs not to exceed the maximum liability established in Section CA. Upon progress toward the completion of the work, as described in Section A of this Sub -Grant Contract, the Sub -Grantee shall submit invoices prior to any reimbursement of allowable costs. CA. Travel Compensation. The Sub -Grantee shall not be reimbursed for travel, meals, or lodging. C.S. Invoice Requirements The Sub -Grantee shall invoice the Department no more than three times, with all necessary supporting documentation, to: Arkansas Department of Health, Marine Sanitation Section, 4815 West Markham, Slot 46, Little Rock, AR 72205-3867 Agreement Number: Attachment Number: °I Page 3 of 3 Action: New ,I�000 a-2 0' Each invoice shall clearly and accurately (all calculations must be extended and totaled correctly) detail the following required information. (1) Purchase Order Number (assigned to the Sub -Grantee); (2) Invoice Date; (3) Invoice Period (period to which the reimbursement request is applicable); (4) Sub -Grantee Name, address, and phone number, and contact person (5) Sub -Grantee Federal Employer Identification Number or Social Security Number (as referenced in this Sub -Grant Contract); (6) Complete Itemization of Reimbursement Requested for the Invoice Period, which shall detail, at minimum, the following: Reimbursement Amount Requested by Sub -Grantee for the invoice period (including any travel expenditure reimbursement requested in accordance with and attaching to the invoice appropriate documentation and receipts as required by the Department. b. The Sub -Grantee understands and agrees that an invoice to the Department under this Sub -Grant Contract shall not include any reimbursement requests for future expenditures. C. The Sub -Grantee agrees that timeframe for reimbursement begins when the Department is in receipt of each invoice meeting the minimum requirements above. d. The Sub -Grantee shall complete and sign a "W-9 Form" provided to the Sub -Grantee by the Department. The taxpayer identification number contained in the W-9 submitted to the Department shall agree to the Federal Employer Identification Number or Social Security Number referenced in this Sub -Grant Contract for the Sub -Grantee. The Sub - Grantee shall not invoice the Department under this Sub -Grant Contract until the Department has received this completed form. C.6. Unallowable Costs. The Sub -Grantee's invoice shall be subject to reduction for amounts included in any invoice or payment theretofore made which are determined by the Department, on the basis of audits or monitoring conducted in accordance with the terms of this Grant Contract, not to constitute allowable costs. D. STANDARD TERMS AND CONDITIONS Records. The Sub -Grantee shall maintain documentation for all charges under this Contract. The books, records, and documents of the Sub -Grantee (and any approved subcontractor), insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment. The financial statements shall be prepared in accordance with generally accepted accounting principals. The Sub -Grantee shall obtain prior approval from the Department before purchasing any equipment under this Sub -Grant Contract. Agrwment # 7 7 0 0 0 Attachment # 1 2 Action New # Page 1 of 1 JAPB LLC BUDGET NARRATIVE JAPB LLC, V-16 Sub -Grant Recipient, agrees to install a multi-purpose dump station and a fixed pump -out facility that will be located on the Arkansas River near Little Rock, Arkansas. Cost of project is $111,161.25 �` 1' a 5A Agreement # q� O 60 A_ - y Attachment # 1 3 1 Action New CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, SUB -GRANTS, LOANS, AND COOPERATIVE AGR 1!.EIVIENTS The undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal sub -grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, sub -grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, sub -grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farre -LLL, "Disclosure Form to Deport Lobbying," attached hereto, in accordance with its instructions. This disclosure form must be filed with the Arkansas Department of Health (ADHD at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. An event that materially affects the accuracy of the information reported includes: a. A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or, b. A change in the person(s) or individuals(s) influencing or attempting to influence a covered federal action; or, c. A change in the officer(s), employee(s), or member(s) contracted to influence or attempt to influence a covered federal action. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. FTN -9350 (R 12114) 1 of 2 Agreement # l{ � a o o a 1 S �4 Attachment # 1 3 Action I Nedv This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. of Authorised Recipient Representative JAPE LLC Nance of Recipient .Agency + -L- ate Dept. of the Interior Fish and Wildlife Service, Clean Vessel Act for Marine Sewage Title of Grant Program Title of Grant Program Title of Grant Program Title of (rant Program Title of Grant Program Title of Grant Program Title of Grant Program Title of Grant Program FIN -9350 (R 1211 0) 2 of 2 1��ty Agreement # Jb0oc ;� -)� ?- �( Attachment # 3 Action I New Pae 1 of 2 Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity: Prime Subawardee Tier , if Known: Con ressional District, if k►noi-o : 6. Federal Department/Agency: 3. Report Type: a. initial filing b. material change For material change only: Year quarter Date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Distract, if/01014111: 7. Federal Program Name/Description: CFDA Number, if applicable: g. Federal Action Number, if knoli�n: 19. Award Amount, if ki►ou n: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobb,%ing activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 V SC. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only b. Individuals Performing Services (inchiding address if different from No. 10a) (last name, first name, MI): Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Agreement # o �v �15 9-9 Att duwnt # 3 Action I New Pa 2of2 DISCLOSURE OF LOBB'Y1vG ACTIVITIES CONTINUATION SHEET 034"046 Approved by OMB RepaAing Entity Authorized for Local Reproduction V Standard Form—LLI-A �4 �y0� nX A eement # 7 f, c 0,) Attachment # 14 1 Action Nese ARKANSAS DEPARTMENT OF HEALTH BUSINESS ASSOCIATE AGREEMENT EXHIBIT 4 1. Definitions (a) Business Associate. Business Associate shall mean: Business Associate JAPE LLC Name (Contractor Name) 26 Collins Industrial Place Business Associate North Little Rock, Alt 72113 Address To install a multa-purpose dump station and awed pump -out facility that will be located at the marina site. Nature of Contract (b) Covered Entity. "Covered Entity" shall paean the Arkansas Depailiment of Health (ADH). (c) individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who quaHes as a personal representative in accordance with 45 CFR 164.502(g). (d) Privacy Rule. "Privacy Mule" shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 azid part. 164, subparts A and E. (e) Protected Health lnformafd en. "Protected Health Inforrnation" shall have the same meaning as the teras "protected health infommtion" in 45 CFR 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity. (f) Required By Lase. ".Required By Law" shall have the same meaning as the term "rewired by law" in 45 CFR 164.103. (g) Secretary. "Secretary" shall mean the Secretary of the U. S. Department of Health and Human Services or his designee. AS -4001 (R 12110) 1 of 4 a, v Agreement # / ° a0 --Z 7 �'- k Attachment # 1 4 Action I New 2. Obligations and Activities of Business Associate (a) Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required by Law. (b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. (c) To the extent allowable by law, the Business Associate agrees to indemnify and hold the Arkansas Department of Health and its employees harmless, for any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Wonnation by Business Associate in violation of the requirements of this Agreement. (d) Business Associate agrees it will not share, disseminate, send, copy, distribute, disclose or otherwise make available to any agent, subcontractor or third party Protected Health Information received from the Arkansas Department of Health without the express written consent of the Arkansas Department of Health. (e) Business Associate agrees to ensure that, pursuant to section 2.(d) of this agreement, any agent, subcontractor or third party to whom it provides Protected Health information, received from, or created or received by Business Associate on behalf of the Arkansas Department of Health agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. (f) Business Associate agrees to mitigate any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Agreement. (g) Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware as well as any security incident of which it becomes aware. (h) Business Associate agrees to provide access, at the request of Covered Entity, and in the time and manner acceptable to ADH, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR 164.524. (i) Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual, and in the time and manner acceptable to ADH. (j) Business Associate agrees to make internal practices, books, and records, inciuding policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of Covered Entity available to the Covered Entity, or to the Secretary, in a time and manner acceptable to ADH or designated by the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. (k) Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (1) Business Associate agrees to provide to Covered Entity or an Individual, in time and manner acceptable to ADH, information collected in accordance with Section (i) of this Agreement to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528. (m) Business Associate agrees to implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic PHI that the Business Associate creates, receives, maintains or transmits on behalf of the Covered Entity pursuant to 45 CFR Part 164. AS -4001 (R 12110) 2 of 4� Agreement# 1 �6,20 a a ? S �4 Attachment # 1 4 Action I New 3, Permitted Uses and Disclosures by Business Associate General Use and Disclosure Provision (a) Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, Covered Entity for the purposes set forth in the Covered Entity's applicable policies, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of the Covered Entity as set out in the ADH Notice of Privacy Practices incorporated herein by reference. 4. Specific Use and Disclosure Provisions (a) Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and admiriistration of the Business Associate or to carry out the legal responsibilities of the Business Associate. (b) Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 CFR 164.504(e)(2)(i)(B (c) Business Associate may use Protected Health 1n.torroa7ion to report violations of law to awe Federal and State aarthanties, consistent with Sec. 164.5020) (1). 5. Obligations of Covered Entity (a) Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 CFR 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. (b) Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. (c) Covered Entity shall notify Business Associate of any rew ic6on to the use or disclosure of Protected Health l-afo_rriation that Covered Entity has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect Business Associates use or disclosure of Protected Health lnfonuadorf. Permissible Requests by Covered Entity. 6. Permissible Requests by Covered Entity (a) Covered Entity shall not request Business Associate to use or disclose Protected Health hiformation in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 7. Term and Termination (a) Term. The Term of this Agreement shall be effective as of 11/1/12 and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section (b) Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: (1) Provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement and the contract Agreement between the Business Associate and ADH, if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; AS -4001 (R 12/10) 3 of 4 Y \� A reement # 1 �6 006 -2 -) 5 �� Attachment # 1 4 1 Action I New (2) Immediately terminate this Agreement and the contract between the ADH and Business Associate if Business Associate has breached a material term of this Agreement and cure is not possible; or (3) If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary. (c) Effect of Termination. (1) Except as provided in paragraph (2) of this section, upon tennination of this Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information (2) In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction infeasible. Upon written notice to the Director of the ADH that return or destruction of Protected Health Information is infeasible, Business Associate shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health information. & Ndiseellaneous (a) Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended. (b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to comply with the requimments of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. (c) Survival. The respective rights and obligations of Business Associate under "Effect of Termination" of this Agreement shall survive the termination of this Agreement. (d) Interpretation. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to comply with the Privacy Rule. 9. Signatures Signature of Bu&m Associate Aulkwized Representative John Burkhalter Printed Name of Business Associate Authorized Representative Signature ADH Program Authorized Representative Robert Brech Printed Name of ADH Program Authorized Representative AS -4001 (R 12110) 4 of 4 Date Owner Tide S11011,2— Date 11011,2—Date CFO Title Agreement # � o o 2t Attachment # 15 ActionI New # Rage I of I JAPB LLC RECIPIENT RESPONSE In accordance with the V-16 Federal Clean Vessel Act, JAPB LLC agrees to participate in the installation of a multi-purpose dump station and a faxed pump -out facility that will be located on the Arkansas River. July 8, 2013 JAPB LLC Attn: John Burkhalter 26 Collins Industrial Place North Little Rock, AR 72113 Arkansas Department of Health 4815 West Markham Street a Little Rock, Arkansas 7220573867 ■ Main Telephone (501) 661-2000 Governor Mike Beebe Nathaniel Smith, MD, MPH, Interim Director and State Health Officer RE: Sub Grant Agreement: 4600027529 Purchase Order Number: 4501358920 Dear Service Provider; Enclosed is the FY2014 Purchase Order for the above referenced Sub Grant Agreement. Thank you for your commitment in helping to fulfill the demand for services throughout the State. If you have questions, please contact the Agency Sub Grant Contact Person: Tom Jones Environmental Health Protection (501) 920-1484 cc: Local Public Health Environmental Health Protection Contract Support Section 4 Fxg STq Vendor No. 100190636 Contact Env. Health Services Your reference 4600027529 STATE OF ARKANSAS Purchase Order JAPB LLC 26 COLLLINS INDUSTRIAL PLACE NORTH LITTLE ROCK AR 72113 Send Invoice To: Arkansas Department of Health Accounts Payable 4815 West Markham Slot 28 Little Rock, AR 72205-3867 FY 2014 Services Solicited Proposal Agency Contact Person: Thomas "Tom" Jones 501-920-1484 Item Material/Description PO No. 4501358920 Date 07/03/2013 contact Carla A. Turpin Telephone 501-280-4630 Fax 501-280-4474 Our ref. SG Incoterms FOB DESTINATION f Ship To: Valid from: 07/01/2013 ADH - ENVIRONMENTAL HLT/FOOD SRV -SLOT Valid to: 01/31/2014 ENVIRONMENTAL HLT/FOOD SRV -SLOT H-46 Delivery Date: 01/31/2014 4815 W MARKHAM LITTLE ROCK AR 72205 Page 1/2 QuantityUM Net Price Net Amount 0001 10090192 1,000,000.00 ZLS PROF.SERVICE MISCELLANEOUS FY 2014 Services - 07/01/2013 to 01/31/2014 Compensation - $1,000,000.00 Solicited Proposal - Construction of 36 transient slips with full utilities and a wave breaker. (Grant Award #F08AP00160 (AR Y-10-1) CFDA #15.622 I Net Value Payment Terms: Payable immediately Due net Total net item value USD including tax GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All Durchasina rules and reaulations defined by the State of Arkansas apply to this document. 1.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 Purchasing Official/Fiscal Officer 07/03/2013 Trs�sr,a STATE OF ARKANSAS Page Purchase Order Vendor No. 100190636 PO No. 4501358920 Contact Env. Health Services Date 07/03/2013 Your reference 4600027529 Our reference SG Pursuant to Arkansas Code Annotated 19-4-1206, the agency shall certify that the services have been performed or ' the goods received prior to payment being authorized and processed. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. ANDERSON ENGINEERING CONSULTANTS, INC. 10205 ROCKWOOD ROAD, LITTLE ROCK, ARKANSAS 72204 it LIMITED GEOTECHNICAL INVESTIGATION FOR PROPOSED RESIDENTIAL DEVELOPMENT 21'D AND BOND STREETS LITTLE ROCK, ARKANSAS MR. JOHN BURKHALTER, P.E. %THE HOLLOWAY FIRM, INC. 200 CASEY DRIVE MAUMELLE, ARKANSAS 72113 BY ANDERSON ENGINEERING CONSULTANTS, INC. GEOTECHNICAL CONSULTANTS 10205 ROCKWOOD ROAD LITTLE ROCK, ARKANSAS 72204 SEPTEMBER 21, 2006 JOB NO. 10835 Geotechnical Engineering - Environmental Assessments - Quality Control Of Construction Materials