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HomeMy WebLinkAbout20201756 Ver 1_TProp (Option 1)_2020_20201109 RESTORATION SYSTEMS I LLC PART A—COVER LETTER Technical Proposal(RFP#16-20190301) FULL DELIVERY PROJECTS TO PROVIDE STREAM AND RIPARIAN WETLAND MITIGATION CREDITS WITHIN CATALOGING UNIT 03050105 OF THE BROAD RIVER BASIN March 26, 2020 PROPOSAL NUMBER: 16-2019301 NC DEQ-DIVISION OF MITIGATION SERVICES ATTN: BROOKE WELLS 217 WEST JONES STREET,SUITE 3409-J RALEIGH, NORTH CAROLINA 27603 Dear Ms.Wells: Restoration Systems,L.L.C.is pleased to provide you with this Technical Proposal in response to the Request for Proposals (RFP) #16-20190301 dated December 20, 2019. This submittal includes one signed, original technical proposal, four photo copies of the technical proposal, and one USB flash drive containing one redacted copy of the technical proposal and ArcGIS shapefiles of the proposed project boundaries. The cost proposal has been submitted in a separate sealed envelope. This technical proposal describes the Tiger Falls Stream and Wetland Mitigation Site and is designed specifically to assist in fulfilling North Carolina Department of Environmental Quality's restoration goals. Restoration Systems herein offers the following mitigation options: Option 1—includes Wetland Reestablishment,Rehabilitation,and Enhancement in WMUs - 5625 Stream Mitigation Units - 2.68 Riparian Wetland Mitigation Units Option 2—includes Wetland Reestablishment and Rehabilitation in WMUs - 5625 Stream Mitigation Units - 2.03 Riparian Wetland Mitigation Units If you, or your staff, have questions or comments regarding our proposal, please feel free to contact me at your convenience at the number below. We look forward to working with the North Carolina Division of Mitigation Services on this important project and are available for Site visits and technical review at your discretion. Sincerely, RESTORATION SYSTEMS, L.L.C. ; � C� /// 1 George A. Howard Authorized Representative 1101 Haynes Street,Suite 211 Raleigh, N.C. 27604 919-755-9490 PROPOSAL PRINTED ON 30%POST CONSUMER RECYCLED PAPER PART B:TITLE PAGE TECHNICAL PROPOSAL AND RESTORATION PLAN TIGER FALLS STREAM AND WETLAND MITIGATION SITE CLEVELAND COUNTY, NORTH CAROLINA (RFP#16-20190301) FULL DELIVERY PROJECTS FULL DELIVERY PROJECTS TO PROVIDE STREAM AND WETLAND MITIGATION CREDITS WITHIN CATALOGING UNIT 03050105 OF THE BROAD RIVER BASIN . ..;4.. .;1:''''d ,;';;. ..' , . , t 1,,, ' . A '• .•...1.n .t ill 0`7:, :era= • 7i it 1) r. ,„ '..: . . 4.„'_ ' -.'dt,t'A.,-,. .. --.:..-,-'--', -:' � � FY � r r '- 4. • 4 ArlaiLVILYA• - Aro-"- — Prepared for: NORTH CAROLINA DIVISION OF MITIGATION SERVICES RALEIGH, NORTH CAROLINA Prepared by: iis L ''. , RESTORATION SYSTEMS I LLC Axiom Environmental,Inc. Restoration Systems, LLC Authorized Representative:George Howard Axiom Environmental, Inc. Ph:919-755-9490 218 Snow Avenue 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27603 Raleigh, North Carolina 27604 MARCH 2020 - 1�,\, opy 20 177s- 'VO 111! 1 •••, I w , _ M , 1 4 $ ir, - . i .4--'O' I %ti -1111 ' �;'1 114111 *FS�IL 12,1116 _' hq QUAM STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Request for Proposal #: 16-20190301 Full Delivery Projects to Provide Stream and Riparian Wetland Mitigation Credits within the Cataloging Unit 03050105 of the Broad River Basin as described in the Scope of Work Date of Issue: December 20, 2019 Proposal Opening Date: March 26, 2020 At 2:00 PM ET Direct all inquiries concerning this RFP to: Brooke Wells Purchasing Agent Email: Brooke.Wells@ncdenr.gov Phone: (919) 707-8451 rSTATF o,� �,1%1�Y20, l7ys�PFll11 \ 111 IL_ i 4�ni Lti � 1/ ,1I Pz...1 _ i l 9 11111 1pRIL 12,1-116 • f/ 111�h �S--E QUAM\I D`��� r , 1. STATE OF NORTH CAROLINA Request for Proposal # 16-20190301 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company's Federal Employer Identification Number or alternate identification number(e.g. Social Security Number). Pursuant to G.S. 132-1.10(b)this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: 56-2090897 Federal ID Number or Social Security Number Restoration Systems, LLC. Vendor Name Sealed, mailed or hand delivered responses ONLY will be accepted for this solicitation. Ver:4/22/19 STATE OF NORTH CAROLINA Department of Environmental Quality Refer ALL Inquiries regarding this RFP to: Request for Proposal #: 16-20190301 Brooke Wells Proposals will be publicly opened: March 26, 2020 Brooke.wells(a�ncdenr.gov (919)707-8451 Contract Type: Open Market Using Agency: Division of Mitigation Services Commodity No. and Description: 962-73 Requisition No.: N/A Restoration/Reclamation Services of Land and other Properties EXECUTION In compliance with this Request for Proposals(RFP), and subject to all the conditions herein,the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes,the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor's knowledge and belief, that it and its principals are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.As required by G.S. 143-48.5,the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP,complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24(2009)prohibit the offer to,or acceptance by,any State Employee associated with the preparing plans,specifications,estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP,the undersigned certifies,for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. COMPLETE/FORMAL NAME OF VENDOR: Resotoration Systems, LLC. STREET ADDRESS: 1101 Haynes St. Suite 211 P.O.BOX: ZIP: 27604 CITY&STATE&ZIP: TELEPHONE NUMBER: TOLL FREE TEL.NO: Raleigh, NC 27604 919-755-9490 PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE(SEE INSTRUCTIONS TO VENDORS ITEM#12): PRINT NAME&TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: George Howard, CEO 919-755-9492 VENDOR'S AUTHORIZED SIGNATURE*: DATE: EMAIL:EMAIL:tbylow@restorationsystems.com Offer valid for at least 180 days from date of proposal opening. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the Department of Environmental Quality shall affix his/her signature hereto and this document and all provisions of this Request for Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties.A copy of this acceptance will be forwarded to the successful Vendor(s). FOR STATE USE ONLY: Offer accept and Contract awarded this day of , 2020, as indicated on the attached certification, by (Authorized Representative of Department of Environmental Quality) Ver:4/22/19 Proposal Number: 16-20190301 Vendor: Resotoration Systems, LLC. Contents 1.0 PURPOSE AND BACKGROUND 6 2.0 GENERAL INFORMATION 6 2.1 REQUEST FOR PROPOSAL DOCUMENT 6 2.2 RESERVED E-PROCUREMENT SOLICITATION 6 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS 6 2.4 RFP SCHEDULE 7 2.5 PROPOSAL QUESTIONS 8 2.6 PROPOSAL SUBMITTAL 8 2.7 PROPOSAL CONTENTS 9 2.8 IMPORTANT INFORMATION AND RESTRICTIONS 11 2.9 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS 12 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS 12 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 16 3.1 METHOD OF AWARD 16 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION 16 3.3 PROPOSAL EVALUATION PROCESS 17 3.4 EVALUATION CRITERIA 18 3.5 PERFORMANCE OUTSIDE THE UNITED STATES 18 3.6 INTERPRETATION OF TERMS AND PHRASES 19 4.0 REQUIREMENTS 19 4.1 CONTRACT TERM 19 4.2 PRICING 19 4.3 DOWNWARD PAYMENT ADJUSTMENTS 19 4.4 INVOICES 19 4.5 PAYMENT TERMS 20 4.6 FINANCIAL STABILITY 20 4.7 FINANCIAL ASSURANCE 20 4.8 VENDOR EXPERIENCE 20 4.9 REFERENCES 20 4.10 BACKGROUND CHECKS 21 4.11 PERSONNEL 21 4.12 VENDOR'S REPRESENTATIONS 21 Ver:4/22/19 Page 4 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 5.0 SCOPE OF WORK 22 5.1 GENERAL 22 5.2 OBJECTIVES 22 5.3 TASKS 23 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE 25 5.5 ACCEPTANCE OF WORK 25 6.0 CONTRACT ADMINISTRATION 25 6.1 PROJECT MANAGER AND CUSTOMER SERVICE 25 6.2 DISPUTE RESOLUTION 25 6.3 CONTRACT CHANGES 26 6.4 CONTRACT ADMINISTRATOR 26 ATTACHMENT A: PRICING 27 ATTACHMENT B: INSTRUCTIONS TO VENDORS 28 ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 31 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR 37 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION 38 ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION 39 ATTACHMENT G: VENDOR'S INFORMATION 40 Attachment H: Task and Deliverables Ver:4/22/19 Page 5 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 1.0 PURPOSE AND BACKGROUND The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. This RFP is not an offer for a Contract, nor does the Department's acceptance of any Technical/Cost Proposal guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of North Carolina. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 RESERVED E-PROCUREMENT SOLICITATION ATTENTION: This is NOT an E-Procurement solicitation. Paragraph #16 of Attachment C: North Carolina General Contract Terms and Conditions, paragraphs (b) and (c), do not apply to this solicitation. 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor's responsibility to read the Instructions, the State's terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 2.5 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor's proposal. This applies to any language appearing in or attached to the document as part of the Vendor's proposal that purports to vary any terms and conditions or Vendors' instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor's proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions,whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor's proposal as nonresponsive. By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the State may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept Vendor's proposal under the terms and conditions of this RFP. Contact with anyone working for or with the State regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer, at the State's election. Ver:4/22/19 Page 6 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP I State ' December 20, 2019 Hold Pre-Proposal Meeting State January 8, 2020 Submit Written Questions Vendor January 15, 2020 _ Provide Response to Questions State January 17, 2020 _ Submit Proposals Vendor March 26, 2020 Contract Award State TBD Contract Effective Date State TBD MANDATORY PRE-PROPOSAL CONFERENCE Mandatory Pre-Proposal Conference: Date: January 8, 2020 Time: 10:30 AM Eastern Time Contact#: (919) 707-8451 Instructions: It shall be MANDATORY that each Vendor representative be present for a pre-proposal conference on January 8, 2020. Attendees must meet promptly at 10:30 AM Eastern Time at North Carolina Department of Environmental Quality, Division of Mitigation Services, 217 West Jones Street, Raleigh, NC 27603. Attendance at this Pre-Proposal Conference is a prerequisite for consideration of a bidder's offer. Vendor and/or his representative must: (1) arrive prior to the scheduled start time of the Pre-Proposal Conference; Late arrivals will not be allowed to sign in or participate in the meeting (2) sign-in on the attendance sheet; and (3) sign-out upon completion of the Pre-Proposal Conference. Failure to comply with this requirement will cause offer to be rejected. The purpose of the pre-proposal conference is for all prospective offerors to acquaint themselves with the conditions and requirements of the tasks to be performed. Submission of an offer shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions that a prudent offeror would recognize as affecting the performance of the work called for in this solicitation. Offeror is cautioned that any information released to offeror other than during the pre-proposal conference which conflicts with, supersedes, or adds to requirements in this solicitation, must be confirmed by written addendum before it can be considered part of this solicitation document. Vendor bidding otherwise does so at his own risk. Each offeror is permitted to send no more than (2) people to the conference. Only one (1) representative per offeror is allowed to sign both the sign-in and sign-out sheet (the representative that signed in must also sign out). Only one (1) pre-determined, pre-proposal conference will be held; individual pre-proposal conferences are not allowed. The purpose of this visit is for all prospective Vendors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposals. Vendors must stay for the duration of the site visit. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this proposal. Vendors are cautioned that any information released to attendees during the site visit, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal. Ver:4/22/19 Page 7 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 2.5 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be emailed to brooke.wells@ncdenr.gov by the date and time specified above. Vendors should enter"RFP#: 16-20190301:Questions" as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below: Reference Vendor Question RFP Section, Page Number Vendor question ...? Questions received prior to the submission deadline date, the State's response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.6 PROPOSAL SUBMITTAL IMPORTANT NOTE:This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended or unanticipated delay—whether submitted electronically, delivered by hand, courier or other delivery service. It is the Vendor's sole responsibility to ensure its proposal has been submitted to this Office by the specified time and date of opening. The time and date of submission will be marked on each proposal when received.Any proposal-submitted after the proposal deadline will be rejected. Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFP shall NOT be accepted. Office Address of delivery by any other method (special delivery, overnight, or any other carrier). PROPOSAL NUMBER: 16-20190301 NC DEQ - DIVISION OF MITIGATION SERVICES ATTN: BROOKE WELLS 217 WEST JONES STREET, SUITE 3409-I RALEIGH, NC 27603 a) Submit one (1) signed, original executed Technical Proposal responses, and four(4) photocopies, (All 5 Must Be Placed in Separate - 3-Ring Binders or Notebooks and Include Section Tabs). Original responses must be labeled. b) Submit one (1) redacted electronic (Proprietary and Confidential Information Excluded) copy of the executed Technical Proposal on one (1) USB flash drive simultaneously to the address identified in the table above. The electronic files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. c) Technical Proposal must list any proprietary information identified as confidential and proprietary in accordance with Attachment B, Paragraph 14 of the Instructions to Vendors. The Division of Mitigation Services, in responding to public records requests, will release the information provided. It is the sole responsibility of the Vendor to ensure that this information complies with the requirements of Paragraph 14 of the Instructions to Vendors d) Submit the boundaries of the proposed project on the USB flash drive containing the technical proposal described above. The boundary can be the proposed easement(s) or the general project area. NCDMS expects the submitted file to closely match the project area(s) shown in the project proposal location map. The file representing the proposed project boundaries must: 1) Consist of an ArcMap multipart polygon format (.shp or geodatabase); 2) Project in the State Plane Coordinate System (NAD 83) using a base unit of meters or feet; 3) Include the *.prj file holding the coordinate system information; 4) Adhere to the following convention within the attribute table. Each Ver:4/22/19 Page 8 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. record represents a single boundary configuration in its entirety as proposed for consideration. If more than one boundary configuration is proposed, a separate and discrete record is required. Each record must have the following attribute information: Vendor name; Site_Name (as named in proposal); Configuration/Option (as named in proposal); Project_Type (Stream,Wetland, Buffer or Combination); Coordinate_System (SP Meters or SP Feet) e) Submit your technical proposal in a sealed package. Clearly mark each package with: (1) Sealed Technical Proposal (2)the RFP number, (3)the Due Date and Time, (4) Vendor Name and Address, (5)the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. Address the package(s)for delivery as shown in the table above. If Vendor is submitting more than one(1)proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. f) Submit one (1) signed, original executed cost proposal responses and one (1) photocopy(All must be placed in one separately sealed envelope). All cost proposal response packages must be clearly marked with (1) Sealed Cost Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. If Vendor is submitting more than one (1) cost proposal option, each response shall be submitted in a separately sealed envelope and marked accordingly. For delivery purposes, separately sealed envelopes from a single Vendor may be included in the same outer package. NOTE: All Technical and cost proposals must constitute a firm, irrevocable offer for a period of at least six (6) months beyond the specified "Opening Date" for this RFP. Failure to submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a vendor's proposal(s). Critical updated information may be included in Addenda to this RFP. It is important that all Vendors proposing on this RFP periodically check the State's IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. Contact with anyone working for or with the State regarding this RFP other than the State Contract Lead named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer, at the State's election. 2.7 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: a) COVER LETTER b) TITLE PAGE: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) EXECUTION PAGES and any ADDENDA released in conjunction with this RFP that requires the Addenda to be returned. These must be completed and signed. Failure to comply will result in your bid being disqualified. d) EXECUTIVE SUMMARY: The executive summary shall consist of highlights of the general contents of the proposal and shall clearly state the anticipated mitigation type and amount of credits proposed. If the Vendor is proposing multiple mitigation options, each option shall be specifically described in this section. (Submitted Mitigation credits as stated in the Executive Summary shall match the credit tables shown in the Technical approach section of the submittal. This credit total also shall match the amount on the Sealed Bid Proposal (attachment A). e) CORPORATE BACKGROUND AND EXPERIENCE: This section shall include background information on the firm submitting the proposal, the firm's ability to carry out all phases of the proposal, information concerning similar mitigation projects completed in North Carolina and other states, the firm's office location(s), the Ver:4/22/19 Page 9 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. experience of the project manager, the firm's multidisciplinary approach to the project, the resumes of key personnel for the primary Vendor and sub-vendors, and DBE/HUB participation. f) PROJECT ORGANIZATION: This section must include the proposed staffing, deployment, and organization of personnel to be assigned to this project. The Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. g) TECHNICAL APPROACH: This section shall include and be completed in the following sequence: • Project Goals and Objectives- Specifically describe how the proposed project will address the watershed goals identified in the River Basin Restoration Plan (RBRP) applicable to the project area, and the objectives that will be used to accomplish those goals. RBRPs can be found at: https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents searchable by river basin. Unless otherwise specified in the RFP, the proposed ecological benefits and functional uplift the project could provide may be determined at the discretion of the Vendor. If a proposed site addresses more than one of the watershed goals, it will be taken into consideration in the site rating. • Project Description- Provide a detailed description of the project including, but not limited to a description of the site in its existing condition; watershed (including County and 14-digit Hydrologic Unit)and its condition; soils and geology; anticipated cultural resources, protected species issues and known site constraints (i.e. other easements, crossings, site access, etc.). Note: due to concerns regarding waterfowl attraction in the vicinity of air transport facilities, the project description must include a site location map that identifies any air transport facility located within 5 miles of the project site. The presence of an air transport facility will not exclude the proposal from consideration. ■ The proposal shall include a map(s)with topographic background that includes mapping of proposed mitigation areas (Restoration, Enhancement, etc.) • Project Development — Describe in detail the means by which the proposed changes will be made. Describe in detail reasons for the anticipated activities and why these activities are warranted to the level proposed. Clearly state the anticipated ecological uplift for each activity on the project. The project development description must include: ■ A general description for all stream crossings, fords, roads etc. The description must include the location, width, and type of crossing (ford, culvert, bridge etc.). Crossings that utilize bridges and/or culverts with fencing that permanently prevent livestock access both upstream and downstream of the crossing (so that livestock exclusion is not dependent on the use of gates) provide better protection of the riparian area, and possibly gaining more points on the Technical Proposal Scoresheet. • Proposed Mitigation - Provide a description of the mitigation credits proposed. Include an explanation of how the proposed credits were derived and a table of anticipated mitigation credits. The table shall include a total for each type of mitigation (i.e. restoration, etc.) being offered. If multiple options are proposed, a table for each option shall be provided. Mitigation credits shall match information provided in the sealed cost sheets (Appendix A: Pricing). • Current Ownership and Long-Term Protection- Identify the ownership of all parcels which will be affected by the project. Include the landowners name and parcel number and the proposed method for providing long term protection of the mitigation site. The long term protection may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. ■ In this section of the technical proposal it should be clearly stated that conveyance of a conservation easement to the State is the method that will be used to provide long term protection of the mitigation site. ■ A signed option agreement valid for a period of at least one-hundred eighty(180)days from the closing Ver:4/22/19 Page 10 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. date of this RFP, prepared in accordance with NCGS Chapter 47G-2, and recorded in the applicable County(ies),or other suitable documentation of real property interest must be provided for each parcel. • Project Phasing—Provide a complete schedule for completing the tasks for the project as identified in this RFP. Describe methods for completing these tasks. The proposed schedule must be based on completion of the project (seven (7) year monitoring period) within the ten (10) year contract period. The proposed schedule should be based on the number of months (from contract issuance) needed to complete each of the tasks listed in the scope of work. • Success Criteria — Identify specific performance standards that are anticipated to be utilized to measure success of the project. The success criteria must be directly related to the anticipated ecological uplift identified in paragraph Project Development above. • Quality Control — This section shall describe the Vendor's quality control program and other procedures that will be used to ensure: 1) each deliverable (i.e. mitigation plan, baseline monitoring document, monitoring report, etc.) is submitted in accordance with the schedule established in the technical proposal, it follows the format(s)established by NCDMS, it contains all required information, and is grammatically/typographically correct; and 2) sufficient oversight is provided during the construction/planting phase so that the project is completed on schedule and is in compliance with any required federal, state or local permit(s). Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side. However, the Technical Proposal should not exceed a total of 50 pages printed front to back (100- page limit) and each shall be submitted within a three-ring binder with section tabs. Photographs, maps and diagrams will count toward the 100 pages. If a technical proposal does not meet all the Department's requirements, it will be rejected, and the corresponding sealed cost proposal will not be opened. h) ATTACHMENT A: PRICING (COMPLETED, SIGNED AND SEPARATELY SEALED) i) ATTACHMENT B: INSTRUCTIONS TO VENDORS j) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS k) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR (COMPLETED) I) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION (COMPLETED AND SIGNED) m) ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION (COMPLETED) n) ATTACHMENT G: ADDITIONAL VENDOR INFORMATION (COMPLETED) o) TECHNICAL SCORESHEET—COMPLETED (OPTIONAL) 2.8 IMPORTANT INFORMATION AND RESTRICTIONS a) The DMS recognizes that a Vendor(s) might not be able to find one site that provides the total amount of mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the following categories: • One or more sites providing all of the requested mitigation credits; or • One or more sites providing a portion of the requested mitigation credits. b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that multiple mitigation options are being offered for a site, and specifically describes each option, the Department shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount indicated in the proposal. c) Proposals will NOT be accepted using the following types of sites: 1. Property purchased with Clean Water Management Trust Fund monies 2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Ver:4/22/19 Page 11 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. Program,Wetlands Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP 3. Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean Water Act 4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation needs by any state agency 5. Properties that are controlled by any federal agency 6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re- alignment)in violation of federal or state rules or statutes. d) Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this RFP. As stated in the TASKS Section, long-term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina. 2.9 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS The latest required report templates, technical scoresheets, target watersheds and mapping and applicable to this RFP are found at: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-templates 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Adjusted Credit Cost— The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credit, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits. Agencies — The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on proposed compensatory wetland, stream, riparian buffer or nutrient offset mitigation. As-Built Drawings — Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all implementation activities have been completed. Baseline Monitoring Document—A written document, supplemented with graphics (including as-built drawings), that describes in detail the implemented mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by which its success will be determined. Cataloging Unit ("CU") —A geographic area representing part or all of a River Basin and identified by an 8-digit number as depicted on the"Hydrologic Unit Map— 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey". Categorical Exclusion—Categories of actions that do not individually or cumulatively have a significant effect on the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. The Categorical Exclusion will be satisfied by completing the Categorical Exclusion Action Form and Document. The Categorical Exclusion must be approved by the Federal Highway Administration (FHWA). Coastal Wetland — As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA Handbook for Development in Coastal North Carolina—Section 2(A)(4)found at: http://portal.ncdenr.org/web/cm/104 Ver:4/22/19 Page 12 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. Closeout Report—A component of the final year of the Monitoring Report that provides an assessment of the monitoring data collected from the entire monitoring period to demonstrate attainment of success criteria. Conservation Easement—A restriction landowners voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the "holder" of the easement. The State of North Carolina must receive from the landowner a conservation easement as prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects. Credit—A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced or preserved. Credit Cost—Total bid cost divided by the number of offered credits for each type of mitigation. Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the successful implementation of the approved Mitigation Plan, including construction and post-construction monitoring. Department—The North Carolina Department of Environmental Quality (NCDEQ) Division of Financial Services—Contracting arm of NCDEQ. Division of Water Resources-Division in NCDEQ that is responsible for state water quality regulations. DOAIP&C—The North Carolina Department of Administration, Division of Purchase and Contract. Financial Assurance— Financial security assuring the ability of the provider to deliver the contracted for mitigation credits. Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance. Hydrologic Unit ("HU") — A geographic area representing a portion of a Cataloging Unit as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey," and identified by a 14-digit number. Interagency Review Team (IRT) — A group of federal, tribal, state, and/or local regulatory and resource agency representatives that review documentation for, and advises the USACE district engineer on the establishment and management of a stream and/or wetland mitigation bank or an in-lieu fee program. Intermittent Stream—A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http://portal.ncdenr.org/web/wq/swp/ws/401/waterresou rces/streamdeterm i nations Jurisdictional Wetland -A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual. Local Watershed Plan — an NCDMS watershed plan that is conducted in specific priority areas (typically one or more TLWs) where NCDMS and the local community have identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found by County or River Basin at: https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning_documents Long Term Protection—as defined in the Federal Code of Regulations(Federal RegisterNol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations— Section 332.7 Management, the Long Term Protection of a mitigation site may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. The use of conservation easements and/or restrictive covenants must receive prior approval by the United States Army Corps of Engineers (USACE)— District Engineer. As noted in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient protection. Ver:4/22/19 Page 13 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. Mitigation Plan —A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project. Monitoring Report—A written document, supplemented with graphics due on December 1st of each year during the seven (7) year monitoring period following the completion of construction. This report contains results of the measured success criteria as defined in the Baseline Monitoring Document. NCDMS—The North Carolina Division of Mitigation Services. Non-Riparian Wetland — An area underlain with hydric soils that is NOT located in a geomorphic floodplain or natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments. Non-Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non- riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)). Opening Date —The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to NCDMS. Proposals will not be accepted by NCDMS after the opening date/time. Perennial Stream —A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http://portal.n cden r.org/web/wq/swp/ws/401/waterresou rces/streamdeterm i nations Preliminary Findings Report—An NCDMS report that is developed during the Local Watershed Planning process that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat and hydrologic functions. Project Area— For the purposes of this RFP, project area is defined as the area within the proposed conservation easement for the project. Project Milestones —A deliverable, such as a document or completed action that signifies that the endo of a task in the Scope of Service. Property—A Site may be comprised of one or more pieces of real Property owned by one or more individual. Proposal —The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a Sealed Technical Proposal. Proposed Project-a site that is in a pre-construction state and that is not associated with, or a part of, an approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP. Proposal Rating ("PR") —A value (number)that is calculated for each Proposal based upon the evaluation of the Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points. Proposal Review Committee ("PRC") - A committee established by the NCDMS to review and evaluate each Proposal received and to make recommendations to the NCDMS Director and Procurement Manager. Release of Credits —means a determination by the USACE district engineer in consultation with the IRT (or DWR for riparian buffer and nutrient offset), that credits associated with an approved mitigation plan are available for sale or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705). RFP—Request for Proposals; the document issued by the Department to solicit Proposals from interested Vendors. Riparian Buffer Mitigation Credit-The unit of measurement of the extent of riparian buffer mitigation being offered in a Proposal. Ver:4/22/19 Page 14 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. Riparian Wetlands—An area that is underlain with hydric soils and located within a geomorphic floodplain or natural crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size. River Basin — The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina. River Basin Restoration Priorities-A planning document prepared by the NCDMS that targets specific watersheds (TLWs)with descriptions of existing degradation and protection needs for restoration project implementation. Unless otherwise stipulated in the RFP, NCDMS requires mitigation sites to be located in these targeted local watersheds (i.e. hydrologic units). Scope of Services —All services, actions, and physical work required by the Department to achieve the purpose and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated. Sealed Cost Proposal — The completed Sealed Cost Proposal form included in the RFP signed by the Vendor specifying the total compensation requested for the performance of the specified scope of services as defined by the RFP. If more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Vendor is willing to offer multiple options (i.e. different quantities of mitigation at different credit costs) for one proposed site, a separate Cost Proposal must be submitted for each option offered. Service Area — 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to satisfy permit requirements. 2)A geographic area where a mitigation requirement can be satisfied. Site—Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland,stream, buffer or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic connectivity and/or habitat continuity such that the functional relationships between the project components, encompassed within each parcel is evident. DMS shall have the sole discretion to determine whether the project components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project proposal. Stream Mitigation Credit—The unit of measurement of the extent of stream mitigation being offered in a Proposal. Targeted Local Watershed (TLW)—A 14-digit Hydrologic Unit identified as a targeted area in the RFP. These are preferred locations for mitigation projects because they may have environmental characteristics that can be improved through restoration projects. Targeted Resource Area (TRA)— Natural geographic grouping (cluster) of NHD-Plus catchments with high predicted uplift potential for one or more functions (hydrology, water quality, habitat); will replace TLWs as the basic priority unit in the updated RBRP methodology. TRAs have defined boundaries based on an area of influence or an area of habitat extent NOT necessarily defined by a watershed boundary. Technical Proposal —One of the two parts of the Proposal which contains a technical description of the proposed mitigation. USACE— United States Army Corps of Engineers, Regulatory Branch, Wilmington District USGS—United States Geological Survey. Vendor — A private agency, corporation, firm, organization, business, or individual offering to provide qualified professional or specialized services to the Department; if two or more private agencies, corporations, organizations, businesses or individuals join together in a prime vendor/sub-vendor relationship to submit a Proposal, the Department will consider the prime vendor to be the Vendor; only the Vendor may enter into a Contract with the Department(The words `Vendor' and `Contractor' are used interchangeably for this RFP). Wetland Enhancement - means the manipulation of the physical, chemical and biological characteristics of a site to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ver:4/22/19 Page 15 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. Wetland Preservation - means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes those activities normally associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain in aquatic resource area or functions. Wetland Restoration-means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is divided into two categories: Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and Wetland Rehabilitation. Wetland Re-establishment—means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and function. Wetland Rehabilitation —means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning most, if not all of the natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Wetland Mitigation Credit—The unit of measurement of the extent of wetland mitigation being offered in a Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD Contracts will be awarded in accordance with G.S. 143-52 and the evaluation criteria set out in this solicitation. Prospective Vendors shall not be discriminated against on the basis of any prohibited grounds as defined by Federal and State law. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. The NCDMS Procurement Manager and the Director,will analyze the ranked sites, determine the proposal selections and submit recommendations to the Department of Administration, Purchase & Contract section, as required, for approval, taking into account the following information: • adjusted credit cost • credit cost • available funds • mitigation needs at the time of selection • the best interest of the State of North Carolina While the intent of this RFP is to award a Contract(s) to single Vendor, the State reserves the right to make separate awards to different Vendors for one contracts, to not award one or more contracts, or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The status of a Vendor's E-Procurement Services account(s)shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP.Any Vendor with an E-Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State's discretion, be disqualified from further evaluation or consideration. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor's office), or private entity, if the communication refers to the content of Vendor's proposal or Ver:4/22/19 Page 16 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. qualifications, the contents of another Vendor's proposal, another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State's discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor's proposal may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State will conduct a Two-Step evaluation of Proposals: Proposals will be received from each Vendor as two separate volumes - the Technical Proposal and the Cost Proposal. Both proposals (Technical and Cost) shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained in the technical proposal. Inclusion of any cost information in the technical proposal and/or any technical information in the cost proposal shall constitute sufficient grounds to reject Vendor's proposal. All proposals must be received by the issuing agency no later than the date and time specified on the cover sheet of this RFP. At that date and time, the package containing the technical proposals from each responding firm will be publicly opened and the name of each Vendor announced publicly. A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed in safekeeping until opened at a later date. All technical proposals will be evaluated prior to opening any cost proposal. Upon completion of the technical evaluation, the cost proposals of those Vendors whose technical proposals have been deemed acceptable will be publicly opened. The total cost offered by each firm will be tabulated and become a matter of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor's pricing position. At their sole option, the evaluators may request oral presentations or discussions with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not; therefore, all proposals must be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the Vendor and its staff,and cost. Specific evaluation criteria are listed section 3.4 EVALUATION CRITERIA, below. Vendors are cautioned that this is a request for proposals, not a request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. Ver:4/22/19 Page 17 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the State, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. 3.4 EVALUATION CRITERIA All qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State. A proposal may be rejected during any phase of review if the PRC determines that the proposal has not provided the requested information in the specified format, has determined that the firm is not qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation indicated in the proposal. Each proposal will be reviewed and assigned a proposal rating prior to opening any cost proposal. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the offeror and its staff, and cost. Specific evaluation criteria are listed below. Technical a) Technical Proposals will be reviewed for length,format requirements and qualifications of firm and project approach by the Contract Administrator and Purchasing Agent. Only vendors who meet these initial qualifications will move forward. b) Upon completion of the initial review, a field review and evaluation of the proposed site will be conducted by the PRC. c) Each Vendor will be scored based on the Technical Scoresheet. Price a) Sealed cost proposals for all proposals still under consideration will be opened and tabulated. b) The adjusted credit cost is a combined technical and cost measure and used for ranking sites. This is a best value determination by NCDMS after evaluating all factors in the technical proposal and then evaluating the cost proposal. The adjusted credit cost will be calculated and determined using the following formula: Credit Cost _ Proposal Rating (Technical Score) Each site will be ranked by the lowest adjusted credit cost. 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State's information and intellectual property e) Availability of pertinent skills f) Ability to understand the State's business requirements and internal operational culture g) Particular risk factors such as the security of the State's information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues Ver:4/22/19 Page 18 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as "shall," "must," and "requirements" are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department's needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal,the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.5. 4.1 CONTRACT TERM The Contract shall have maximum term of up to ten (10) years, beginning on the date of contract award (the "Effective Date"). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. 4.2 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT A: PRICING FORM and include in Proposal. 4.3 DOWNWARD PAYMENT ADJUSTMENTS Payment by the Department will be based on the number of credits the vendor is able to provide at the credit price first established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal. In order to ensure that the Department does not overpay at the end of the process, periodic adjustments may be made so that the final total payment equals the final number of mitigation credits, as determined by the IRT, delivered by the vendor multiplied by the original per credit price. Payment adjustments may be made after the initial contract is executed based on the number of mitigation credits the project is anticipated to provide as documented after contract execution, including but not limited to: completion of the mitigation plan; site restoration (earthwork/planting), completion of the baseline monitoring document; the post construction monitoring period, and/or after final determination of mitigation credits by the IRT. 4.4 INVOICES a) Invoices are to be submitted to the NCDMS after its approval of each individual task/deliverable. b) The Vendor must follow the NCDMS Invoice Guidelines dated March 1, 2014. c) Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. d) Invoices must bear the correct contract number to ensure prompt payment. The Vendor's failure to include the correct contract number may cause delay in payment. e) Invoices must be submitted to the following address: NC Department of Environmental Quality Division of Mitigation Services Attn: Debby Davis 1652 Mail Service Center Raleigh, NC 27699-1652 Ver:4/22/19 Page 19 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 4.5 PAYMENT TERMS a) The Vendor will be compensated at the rates quoted in the Vendor's Cost Proposal (as per the Payment Schedule provided in Section 5.4). b) The Vendor will be paid net thirty(30) calendar days after the Vendor's invoice is approved by the State 4.6 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.7 FINANCIAL ASSURANCE The vendor must provide financial assurance in one of the following forms: a) Performance Bonding — The vendor must provide security in the form of an acceptable performance bond as described in the following paragraph to guarantee delivery of the maximum number of originally contracted credits. The performance bond must be obtained from a company licensed in North Carolina as shown in the Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a surety may not exceed the "underwriting limitation"for the surety as identified in the Federal Treasury Listing. Although this RFP is a request for mitigation and not construction, the performance bond shall follow the prescribed wording provided in N.C.G.S. §44A-33. The performance bond must be for 55%of the total value of the contract and must be in effect and submitted with the Task 3 deliverable before DMS will authorize payment for that deliverable. The bond must remain in effect until the vendor has received written notification from the DMS that the requirements of Task 6 (submittal of baseline monitoring report) have been met (the financial assurance document must indicate that it is in effect through approval of task 6 and must include the NCDEQ contract number). After the successful completion of Task 6, the bond can be retired. b) Letters of Credit- LOCs must be drawn from a reputable bank identified by the FDIC as"Well Capitalized" or "Adequately Capitalized"and follow the submittal timing, contract amounts and schedules for reduction as those described above for the performance bonds. Evergreen or irrevocable LOCs shall be required to provide a 120-day notice of cancellation, termination or non-renewal. c) Casualty Insurance on underlying performance of credits of mitigation, must follow the same submittal timing, contract amounts and reduction schedules as those described above in performance bonds. The insurance must contain the following information: The "NCDEQ DMS,"the contract number and the Insured Property must be named in the insurance document. NCDEQ shall have the sole right to place a claim against the policy. Casualty Insurance can be written effective for one year, but notice from the Vendor, stating that it is currently in the process of replacing the current policy, must be submitted to NCDMS at least one month before policy expiration date. 4.8 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.9 REFERENCES The State reserves the right to request and verify references. Upon request, references must be submitted within three (3) business days. Failure to provide references will cause your proposal to be rejected. Ver:4/22/19 Page 20 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 4.10 BACKGROUND CHECKS Vendor and its personnel are required to provide or undergo background checks at Vendor's expense prior to beginning work with the State. As part of Vendor background the details below must be provided to the State: a) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is aware of none; b) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term "regulatory sanctions" includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; Vendor's responses to these requests shall be considered to be continuing representations, and Vendor's failure to notify the State within thirty(30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this contract. 4.11 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor's recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination,the State may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.12 VENDOR'S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. "Professional manner" means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s)that may be approved by the State. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor's obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any Services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor's proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Ver:4/22/19 Page 21 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 5.0 SCOPE OF WORK 5.1 GENERAL The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. 5.2 OBJECTIVES The Department desires to acquire Mitigation Credits quantified in the table below and occurring within the service areas for Cataloging Unit 03050105 of the Broad River Basin (which can be found on the DMS website at the following link: https://deq.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-templates). Proposals can be submitted outside of the designated Targeted Resource Areas; however, proposals that are within DMS identified watershed planning areas and address specified watershed needs will be awarded additional points during the technical review process. RIVER BASIN CATALOGING UNITS Broad 03050105 Mitigation Thermal Credits Shall Not Type Requested Credits Regime Exceed Preservation Percentage Credit Targets Stream 17000.00 _ Warm 10% of total CREDITS n/a Riparian Wetland 5.00 n/a 5 R Credit Combinations Acceptable for this Submission Stream Only YES, in Warm Thermal locations Riparian Wetland Only YES, anywhere within Service Area boundaries Stream &Wetland YES, in Warm thermal locations General Mitigation Information Stream Mitigation: The definitions of stream restoration, enhancement levels I and II, and preservation are defined in the Stream Mitigation Guidelines (U.S. Army Corps of Engineers, Wilmington District, April, 2003) available on their website. For the purposes of this RFP (the technical proposal, and any contract(s)that may result from this RFP), all mitigation must be consistent with 2003 USACE Stream Mitigation Guidelines and the Wilmington District Stream and Wetland Compensatory Mitigation Update (NCIRT-October 24, 2016). Wetland Mitigation: Information, including soil boring logs prepared by a Licensed Soil Scientist (LSS), must be provided in the technical proposal to demonstrate that areas proposed for restoration consist predominantly of hydric soils, and: 1. Are not currently jurisdictional wetlands as defined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and USACE regional supplements, and that are devoid of the proper community type of vegetation (Wetland Re-establishment). 2. Are degraded (poorly functioning)jurisdictional wetlands that have been drained or otherwise manipulated resulting in a significant loss of wetland function (Wetland Rehabilitation). Wetland Rehabilitation should restore most, if not all natural and/or historic functions to a degraded wetland. 3. Are degraded (poorly to moderately functioning)jurisdictional wetlands that have been manipulated resulting in a loss of wetland function (Wetland Enhancement)—Wetland Enhancement results in the gain of selected wetland function(s), but may also lead to a decline in other aquatic resource function(s). Ver:4/22/19 Page 22 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 5.3 TASKS Task deliverables must meet the latest required report templates described in Section 2.9. Deliverable quantity, format, and method of delivery are provided in Attachment H. The Vendor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement for financial assurance (See FINANCIAL ASSURANCE section) prior to completion of Task 2. Task 1 Environmental and Project Screening: 1. Conduct an on-site meeting with the IRT and DMS to discuss proposed mitigation plan and obtain concurrence on planned work and crediting. Document and distribute site visit through notes and receive approval via communication from IRT (e-mail or letter). 2. Follow procedure from most recent DMS and FHWA`Environmental Screening and Documentation Guidelines for DMS Projects'for compliance with environmental laws and regulations. This screening tool and associated documentation must be reviewed and approved by DMS and FHWA to meet categorical exclusion requirements and demonstrate project will not have a significant environmental impact. 3. If applicable, provide a signed and dated DMS Full Delivery Landowner Authorization form prior to post- contract site visit in accordance with USACE requirements. 4. If applicable, satisfy the public notification process in accordance with USACE requirements. Task 2 Property: Step One: Preliminary Process and Review The Vendor shall provide the following task deliverables associated with the conservation easement(s): 1.Draft Conservation Easement • Use the latest conservation easement template found on the DMS website. • The Vendor shall convey to the State of North Carolina the rights to all mitigation, including but not limited to, stream, wetlands, riparian buffer, and nutrient offset mitigation credits derived from each site and within the area of the conservation easement. • The easement boundary may vary from the technical proposal in minor ways to accommodate for unforeseen issues, but the project boundary must provide the contracted asset quantity as proposed. • The Vendor must provide a copy of the conservation easement to the landowner. • Potential tax implications such as NC General Statute 105-277.4 which addresses county agricultural deferred taxes that may be incurred at closing should be communicated to the landowner. 2.Preliminary Survey Plat • Reference the December 4, 2019 Survey Requirements link in the templates table. 3.Draft attorney's report on title based on a 30-year title search with all supporting deeds and documentation • Each conservation easement conveyed must have good, marketable title free of liens and encumbrances. 4.Title attorney's"Schedule A"with any documents describing possible exceptions to title and exhibits. Step Two: Approval for Closing 1.SPO and DMS will review and issue written approval to record after documents meet requirements. 2.The Vendor shall record the final approved easement and plat and obtain all necessary approvals from the County Review Officer. Step Three: Task 2 Payment The Vendor will complete the six (6) listed deliverables. 1.Recorded Conservation Easement 2.Recorded Survey Plat Ver:4/22/19 Page 23 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 3.Final attorneys report on title based on 30-year search with deeds and documentation. 4.Original title insurance policy shall be forwarded to SPO immediately upon availability 5.Provide the full name, mailing address, phone number, and e-mail address (if available) of each grantor (via electronic communication)to SPO and DMS. 6.Install survey monumentation and conduct boundary marking according to the "Survey Requirements for Full Delivery Projects with Boundary Design and Fencing Guidelines" and in accordance with NCBELS. ALLOWANCES: 1.The vendor may elect to install boundary marking earlier than Task 6. No payment for Task 6 will be approved prior to installation. 2.The original title insurance policy(ies) must be received prior to payment for the Task 6 deliverable. TASK 3 Develop a site-specific Draft mitigation plan, as appropriate for each site and submit it to the DMS for review, comment, and approval. Submit a Final Draft mitigation plan for IRT review. Submit a Final mitigation plan with PCNs for permitting. FINANCIAL ASSURANCE is also due as part of this deliverable. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. TASK 4 Secure any necessary permits and/or certifications (i.e. Erosion and Sedimentation Control permit, etc.). Submit applicable permits, certifications, etc. to DMS prior to implementation of the earthwork portion of the mitigation project. Upon completion of earthwork, notify DMS in writing of completion date. TASK 5 Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six months before vegetation monitoring activities are conducted at the end of the growing season. Upon completion of planting and installation of monitoring devices/plots, notify DMS in writing of completion date. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. TASK 6 Prepare the baseline monitoring document and as-built drawings. The as-built drawings (final record of project construction) should be submitted with the following criteria: a. Pre-Construction Plan design b. As-built survey (on same sheets as Pre-Construction Plan design) c. Must bear Professional Land Surveyor(PLS)seal and/or Professional Engineer(PE) seal where applicable d. Annotation and corrections of the Pre-Construction Plan design Deliverables will not be approved without strict adherence to the current version of the DMS digital drawing guidance. TASKS 7-13 Monitor the mitigation site as stipulated in the mitigation plan and baseline monitoring report to assess the success of the restored site for a period of at least seven (7) years. Each annual monitoring report must be submitted to the DMS by December 1st of the year during which the monitoring was conducted. The 7t"year monitoring report(or final year in cases where monitoring has been extended beyond 7 years) must include a closeout report that provides an assessment of the monitoring data collected from the entire monitoring period. The Vendor must attend preparation closeout meetings and present the final project to the IRT in closeout office/onsite meetings. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. Ver:4/22/19 Page 24 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE Project Milestones and Payment Schedule Task Project Milestone Payment" (%of Contract Value*) 1 Regulatory Site Visit& Environmental Screening 5 _ 2 Submit Recorded Conservation Easement on the Site 20 3 Mitigation Plan (Final Draft)and Financial Assurance 15 4 Mitigation Site Earthwork completed 15 5 Mitigation Site Planting and Installation of Monitoring Devices 10 6 Baseline Monitoring Report (including As-Built Drawings)' 10 7 Submit Monitoring Report#1 to DMS (meets success criteria*)' 5 8 Submit Monitoring Report#2 to DMS (meets success criteria*)' 2 9 Submit Monitoring Report#3 to DMS (meets success criteria*)' 2 10 Submit Monitoring Report#4 to DMS (meets success criteria*)' 2 11 Submit Monitoring Report#5 to DMS (meets success criteria*)' 2 12 Submit Monitoring Report#6 to DMS (meets success criteria*)' 2 13 Submit Monitoring Report #7 to DMS and complete project Close- 10 Out process (meets success criteria*)' TOTAL 100 ^Vendor is only eligible for payment after DMS has approved the task/deliverable. *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task may be made if a suitable contingency plan is submitted to and accepted by the DMS. 1 For any year, beginning with delivery of Task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be made following IRT yearly release of the credits. 5.5 ACCEPTANCE OF WORK In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing ten (10)calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to the State a project manager. The project manager shall be the State's point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. Vendor must complete a copy of ATTACHMENT G: Additional Vendor Information and return with bid. 6.2 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the State's Contract Lead for resolution. A claim by the State shall be submitted in writing to the Vendor's Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties Ver:4/22/19 Page 25 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. within thirty (30)days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.3 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. 6.4 CONTRACT ADMINISTRATOR Kristie Corson is designated as the contract administrator for the Department for the purposes of this RFP. Ver:4/22/19 Page 26 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT A: PRICING RFP #: 16-20190301 RFP TITLE Full Delivery Projects to Provide Stream and Riparian Wetland Mitigation Credits within the Cataloging Unit 03050105 of the Broad River Basin as described in the Scope of Work A Separate Sealed Cost Proposal Is Required For Each Proposed Site And For Each Option Proposed For A Site. Vendor must list on the front of each sealed cost proposal envelope, the Site Name/Location and Option Number (if Applicable) Must be Indicated All costs related to the mitigation offered must be included in this SEALED COST PROPOSAL. No additional charges for travel, per diem, or cost of any services will be allowed. Cost will be a major factor in the selection of proposals. ALL Sealed Cost Proposals will be compared to mitigation cost data maintained by the NCDMS. SITE NAME OPTION PROPOSED COST STREAM RIPARIAN WETLAND (warm) TOTAL CREDITS CREDIT COST($/CREDIT) TOTAL COSTS GRAND TOTAL: Printed Name of Authorized Representative Signature of Authorized Representative Company Name (Printed) Date Ver:4/22/19 Page 27 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT B: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor's responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure the timely submission of proposals. 3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the State reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the State, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the State. 5. EXECUTION: Failure to execute page 1 of the RFP (Execution Page) in the designated space shall render the proposal non-responsive, and it will be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract documents, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications and administration provisions in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT B: INSTRUCTIONS TO VENDORS; (5)ATTACHMENT A: PRICING, and (6)Vendor's proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor shall submit with its proposal any sketches, descriptive literature and/or complete specifications covering the products and Services offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Failure to comply with these requirements shall constitute sufficient cause to reject a proposal without further consideration. 8. RECYCLING AND SOURCE REDUCTION: It is the policy of the State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable and less toxic to the extent that the purchase or use is practicable and cost- effective.We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The Vendor remains responsible for providing packaging that will adequately protect the commodity and contain it for its intended use. Vendors are strongly urged to bring to the attention of purchasers those products or packaging they offer which have recycled content and that are recyclable. 9. CERTIFICATE TO TRANSACT BUSINESS IN NORTH CAROLINA: As a condition of contract award, each out-of- State Vendor that is a corporation, limited-liability company or limited-liability partnership shall have received, and shall maintain throughout the term of The Contract, a Certificate of Authority to Transact Business in North Carolina from the North Carolina Secretary of State, as required by North Carolina law. A State contract requiring only an isolated transaction completed within a period of six months, and not in the course of a number of repeated transactions of like nature, shall not be considered as transacting business in North Carolina and shall not require a Certificate of Authority to Transact Business. 10. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all print responses submitted meet the Ver:4/22/19 Page 28 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. following: • All copies of the proposal are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30%. • Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three- ringed binders, glued materials, paper clips, and staples are acceptable. • Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. 11. HISTORICALLY UNDERUTILIZED BUSINESSES: The State is committed to retaining Vendors from diverse backgrounds, and it invites and encourages participation in the procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. In particular, the State encourages participation by Vendors certified by the State Office of Historically Underutilized Businesses, as well as the use of HUB-certified vendors as subcontractors on State contracts. 12. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. To the extent another state does so, North Carolina applies the same percentage increase to the proposal of a vendor resident in that state. Residency is determined by a Vendor's "Principal Place of Business," defined as that principal place from which the overall trade or business of the Vendor is directed or managed. 13. INELIGIBLE VENDORS: As provided in G.S. 147-86.59 and G.S. 147-86.82, the following companies are ineligible to contract with the State of North Carolina or any political subdivision of the State: a) any company identified as engaging in investment activities in Iran, as determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, and b) any company identified as engaged in a boycott of Israel as determined by appearing on the List of restricted companies created by the State Treasurer pursuant to G.S. 147-86.81. A contract with the State or any of its political subdivisions by any company identified in a)or b) above shall be void ab initio. 14. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain as confidential trade secrets in its proposal that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the Vendor, with specific trade secret information enclosed in boxes, marked in a distinctive color or by similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret,the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2.Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. If a legal action is brought to require the disclosure of any material so marked as confidential, the State will notify Vendor of such action and allow Vendor to defend the confidential status of its information. 15. PROTEST PROCEDURES: When a Vendor wishes to protest the award of The Contract awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at: Division of Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party's claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. 16. MISCELLANEOUS: Any gender-specific pronouns used herein, whether masculine or feminine, shall be read and Ver:4/22/19 Page 29 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. construed as gender neutral, and the singular of any word or phrase shall be read to include the plural and vice versa. 17. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the State concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor's proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation or award of a Contract related to this RFP. Failure to comply with this requirement shall constitute sufficient justification to disqualify a Vendor from a Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 18. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter the bid number, and then search. Tabulations will normally be available at this web site not later than one working day after the bid opening. Lengthy or complex tabulations may be summarized,with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 19. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP)allows Vendors to electronically register for free with the State to receive electronic notification of current procurement opportunities for goods and Services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website: https://ncadmin.nc.gov/about-doa/divisions/purchase- contract. 20. WITHDRAWAL OF PROPOSAL: Proposals submitted electronically may be withdrawn at any time prior to the date for opening proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). Proposals that have been delivered by hand, U.S. Postal Service, courier or other delivery service may be withdrawn only in writing and if receipt is acknowledged by the office issuing the RFP prior to the time for opening proposals identified on the cover page of this RFP(or such later date included in an Addendum to the RFP). Written withdrawal requests shall be submitted on the Vendor's letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of proposals shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 21. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the State during the competitive process or after award. The State is bound only by information provided in writing in this RFP and in formal Addenda issued through IPS. 22. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor's sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred or associated with the preparation of proposals. 23. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 24. INSPECTION AT VENDOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment, item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State's determination that such equipment, item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. Ver:4/22/19 Page 30 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 1. PERFORMANCE AND DEFAULT: a) It is anticipated that the tasks and duties undertaken by the Vendor shall include services or the manufacturing, furnishing, or development of goods and other tangible features or components as deliverables that are directly correlated and/or ancillary to the services performed. Except as provided immediately below, and unless otherwise mutually agreed in writing prior to award, any service deliverables or ancillary services provided by Vendor in performance of the contract shall remain property of the State. During performance, Vendor may provide proprietary components as part of the service deliverables that are identified in the solicitation response. Vendor grants the State a personal, permanent, non-transferable license to use such proprietary components of the service deliverables and other functionalities, as provided under this Agreement. Any technical and business information owned by Vendor or its suppliers or licensors made accessible or furnished to the State shall be and remain the property of the Vendor or such other party, respectively. Vendor agrees to perform its services under the contract in the same or similar manner provided to comparable users. The State shall notify the Vendor of any defects or deficiencies in performance of its services or failure of service deliverables to conform to the standards and specifications provided in this solicitation. Vendor agrees to remedy defective performance or any nonconforming deliverables upon timely notice provided by the State. b) Vendor has a limited, non-exclusive license to access and use State Data provided to Vendor, but solely for performing its obligations under this Agreement and in confidence as may be further provided herein.Vendor or its suppliers shall at a minimum, and except as otherwise specified and agreed herein, provide assistance to the State related to all services performed or deliverables procured hereunder during the State's normal business hours. Vendor warrants that its support, customer service, and assistance will be performed in accordance with generally accepted and applicable industry standards. c) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under The Contract, the State shall have the right to terminate The Contract by giving written notice to the Vendor and specifying the effective date thereof In that event and subject to all other provisions of this contract, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive compensation for units actually produced, if any, in an amount determined by reducing the total amount due had the full number of Units been produced pro rata, such that the ratio of the final compensation actually paid to the original total amount due in accordance with Attachment A (as amended, if applicable) is equal to the ratio of the Units actually generated to the total Units identified in Attachment A. d) In the event of default by the Vendor, the State may procure the goods and services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Vendor under The Contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate The Contract for cause, and may take action to debar the Vendor from doing future business with the State. 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the goods, material, quality, workmanship or performance of the Services offered prior to acceptance, it shall be the responsibility of the Vendor to notify the Contract Lead at once, in writing, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in The Contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a) G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Ver:4/22/19 Page 31 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media- assisted, media-facilitated, or media-solicited means. By execution of the proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s)the appropriate taxes. b) The agency(ies) participating in The Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c) Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. 5. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined. 6. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of a correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.)from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. 7. NON-DISCRIMINATION: a. The Vendor will take necessary action to comply with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State law. b. The vendor will take necessary action to ensure its internal employee policies and procedures are consistent with Executive Order #82 (Roy Cooper, December 6, 2018), which extends workplace protections and accommodations to pregnant employees. 8. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment. 9. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or patent-pending invention, article, device or appliance delivered in connection with The Contract. a. Vendor warrants to the best of its knowledge that: i. Performance under The Contract does not infringe upon any intellectual property rights of any third party; and ii. There are no actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party; b. Should any deliverables supplied by Vendor become the subject of a claim of infringement of a patent, copyright, trademark or a trade secret in the United States, the Vendor, shall at its option and expense, either procure for the State the right to continue using the deliverables, or replace or modify the same to become non-infringing. If neither of these options can reasonably be taken in Vendor's judgment, or if further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected deliverables and refund any sums the State has paid Vendor and make every reasonable effort to assist the State in procuring substitute deliverables. If, in the sole opinion of the State, the cessation of use by the State of any such deliverables due to infringement issues makes the retention of other items acquired from the Vendor under this Agreement impractical, the State shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge; and Vendor agrees to refund any sums the State paid for unused Services or Deliverables. c. The Vendor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the deliverables supplied by the Vendor, their use or operation, infringes Ver:4/22/19 Page 32 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. on a patent, copyright, trademark or violates a trade secret in the United States. The Vendor shall pay those costs and damages finally awarded or agreed in a settlement against the State in any such action. Such defense and payment shall be conditioned on the following: i. That the Vendor shall be notified within a reasonable time in writing by the State of any such claim; and ii. That the Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise provided, however, that the State shall have the option to participate in such action at its own expense. d. Vendor will not be required to defend or indemnify the State if any claim by a third party against the State for infringement or misappropriation results from the State's material alteration of any Vendor-branded deliverables or services, or from the continued use of the deliverable(s) or Services after receiving notice of infringement on a trade secret of a third party. 10. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time, the State may terminate this contract at any time by providing 60 days' notice in writing from the State to the Vendor. In that event, any or all finished or unfinished deliverables prepared by the Vendor under this contract shall, at the option of the State, become its property. If the contract is terminated by the State as provided in this section, the State shall pay for those items for which such option is exercised, less any payment or compensation previously made. 11. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the State of North Carolina as part of any commercial advertising or marketing of products or Services. A Vendor may inquire whether the State is willing to act as a reference by providing factual information directly to other prospective customers. 12. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency's internal auditors shall have access to persons and records related to The Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 13. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the State may: a) Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and b) Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check. In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported assignment made in violation of this provision shall be void and a material breach of The Contract. 14. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a) Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of$500,000.00, covering all of Vendor's employees who are engaged in any work under the Contract in North Carolina. If any work is sub-contracted,the Vendor shall require the sub-Contractor to provide the same coverage for any of his employees engaged in any work under the Contract within the State. b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of$1,000,000.00 Combined Single Limit. Defense cost shall be in excess of the limit of liability. c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non- owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit Ver:4/22/19 Page 33 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of The Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor's liability and obligations under the Contract. 15. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person,firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of The Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of The Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days from the date that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of Vendor deliverables or Services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of The Contract. 16. ELECTRONIC PROCUREMENT: a) Purchasing shall be conducted through the Statewide E-Procurement Service. The State's third-party agent shall serve as the Supplier Manager for this E-Procurement Service. The Vendor shall register for the Statewide E- Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract. b) THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF ALL GOODS INCLUDED ON EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE. This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. The transaction fee shall not be stated or included as a separate item on the invoice. There are no additional fees or charges to the Vendor for the services rendered by the Supplier Manager under this contract. Vendor will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the Vendor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the contract. c)Vendor or its Authorized Reseller, as applicable,will be invoiced monthly for the State's transaction fee by the Supplier Manager. The transaction fee shall be based on a) purchase activity for the prior month, or b) purchases for which the supplier invoice has been paid. Unless Supplier Manager receives written notice from the Vendor identifying with specificity any errors in an invoice for the transaction fee within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Vendor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Vendor is due to the account designated by the State within thirty (30)days after receipt of the invoice for the transaction fee. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. Pursuant to G.S. 147-86.23, the Service will charge interest and late payment penalties on past due balances. Interest shall be charged at the rate set by the Secretary of Revenue pursuant to G.S. 105-241.21 as of the date the balances are past due. The late-payment penalty will be ten percent(10%)of the account receivable. Within thirty(30)days of the receipt of invoice, Vendor may dispute in writing the accuracy of an invoice. No interest shall be charged on disputed and overdue amounts to the extent the State agrees to reduce or adjust the amount in dispute. The Supplier Manager shall provide, whenever reasonably requested by the Vendor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice. d) The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager Ver:4/22/19 Page 34 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. will send those orders to the appropriate Vendor on State Contract. The State or State-approved user, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered. e)Vendor shall at all times maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If Vendor is a corporation, partnership or other legal entity, then the Vendor may authorize its employees to use its password. Vendor shall be responsible for all activity and all charges by such employees. Vendor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the Vendor's account, Vendor shall immediately change its password and notify the Supplier Manager of the security breach by email. Vendor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach. 17. SUBCONTRACTING: Performance under The Contract by the Vendor shall not be subcontracted without prior written approval of the State's assigned Contract Lead. Unless otherwise agreed in writing,acceptance of a Vendor's proposal shall include approval to use the subcontractor(s)that have been specified therein. 18. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only for the purpose(s) required to perform The Contract and not divulged or made available to any individual or organization without the prior written approval of the State. 19. CARE OF STATE DATA AND PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any data owned and furnished to the Vendor by the State (State Data), or other State property in the hands of the Vendor, for use in connection with the performance of The Contract or purchased by or for the State for The Contract. Vendor will reimburse the State for loss or damage of such property while in Vendor's custody. The State's Data in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage, destruction by a natural event or other eventuality.Such State Data shall be returned to the State in a form acceptable to the State upon the termination or expiration of this Agreement. The Vendor shall notify the State of any security breaches within 24 hours as required by G.S. 143B-1379. See G.S. 75-60 et seq. 20. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina or any of its agencies shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to relocate or outsource any portion of performance to a location outside the United States, or to contract with a subcontractor for any such performance, which subcontractor and nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained from the State agency responsible for the contract. Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons providing performance under a State contract to a location outside of the United States. 21. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with The Contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 22. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any addenda hereto, and the Vendor's proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 23. ELECTRONIC RECORDS: The State will digitize all Vendor responses to this solicitation, if not received electronically, as well as any awarded contract together with associated procurement-related documents. These electronic copies shall constitute a preservation record and shall serve as the official record of this procurement Ver:4/22/19 Page 35 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. with the same force and effect as the original written documents comprising such record. Any electronic copy, printout or other output readable by sight shown to reflect such record accurately shall constitute an "original." 24. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the State and the Vendor. 25. NO WAIVER: Notwithstanding any other language or provision in The Contract, nothing herein is intended nor shall be interpreted as a waiver of any right or remedy otherwise available to the State under applicable law. The waiver by the State of any right or remedy on any one occasion or instance shall not constitute or be interpreted as a waiver of that or any other right or remedy on any other occasion or instance. 26. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 27. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity or other State or federal constitutional provision or principle that otherwise would be available to the State under applicable law. Ver:4/22/19 Page 36 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s)at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? ❑ YES 1NO If the Vendor answered "YES" above, Vendor must complete items 1 and 2 below: 1. List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub-Contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub-Contractors that will perform work outside the U.S.: b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub-Contractors of the Vendor, or other persons '"YES ❑ NO performing services under the Contract outside of the United States NOTE:All Vendor or sub-Contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. c) Identify all U.S. locations at which performance will occur: Within the State of North Carolina Ver:4/22/19 Page 37 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: Restoration Systems, LLC. The undersigned hereby certifies that: [check all applicable boxes] N The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: 12-31-2019 19( The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. ✓ The Vendor is current in all amounts due for payments of federal and state taxes and required employment- related contributions and withholdings. VThe Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. ✓ The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract. ✓ He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This is a continuing certification and Vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein. If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason in the space below: 4 3/24/2020 Signature Date George Howard CEO Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver:4/22/19 Page 38 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non- profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP.Any questions concerning NC HUB certification,contact the North Carolina Office of Historically Underutilized Businesses at (919) 807-2330. The Vendor shall respond to question #1 and #2 below. a) Is Vendor a Historically Underutilized Business? ❑ Yes MrNo b) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes V No If so, state HUB classification: Ver:4/22/19 Page 39 of 41 Proposal Number: 16-20190301 Vendor: Restoration Systems, LLC. ATTACHMENT G: VENDOR'S INFORMATION Vendors Primary Contact(or Project Manager) Name: George Howard Agency: Restoration Systems, LLC. Title: CEO Address: 1101 Haynes St. Suite 211 City: Raleigh State/Zip: NC 27604 Telephone: 919-755-9490 Fax: 919-755-9492 Email: tbylow@restorationsystems.com Vendors Execution Address (Where the contract should be mailed for signature) Name: George Howard Agency: Restoration Systems, LLC. Title: CEO Address: 1101 Haynes St. Suite 211 City: Raleigh State/Zip: NC 27604 Telephone: 919-755-9490 Fax: 919-755-9492 Email: tbylow@restorationsystems.com Vendors Payment(Remit To)Address (Where the checks should be mailed (This address should agree with the"Remit-To"address associated with the Vendor's Tax ID.This information must be verified with the Vendor's Corporate Accounting Office) Name: Tiffani Bylow Agency: Restoration Systems, LLC. Title: Accounts Manager Address: 1101 Haynes St. Suite 211 City: Raleigh State/Zip:NC 27604 Telephone: 919-755-9490 Fax: 919-755-9492 Email: tbylow@restorationsystems.com Ver:4/22/19 Page 40 of 41 Tasks and Deliverables Format Delivery Method ATTACHMENT H:Tasks and Deliverables Digital Survey in Digital Survey in NOTES: Task# Task Description Task Deliverable Hardcopy(#) Adobe PDF MS Word E-Mail AutoCAD(.dwg)** ArcMap(.shp)** Approved Categorical Exclusion X X Environmental& ......... .............. ........ ....... _........ ............................................................................................................................................................................................................................................................................................................... 1 Regulatory Agency post-contract Project Screening X X site visit Meeting Minutes DMS SPO DMS SPO DMS SPO DMS SPO DMS SPO DMS SPO • • Draft Conservation Easement X X X X Preliminary Conservation : Easement Survey X X X X X X X X • Draft Attorney's Report/30-year title search X X X Draft Title Attorney's"Schedule A„ X X X 2 Property y Recorded Conservation Easement 1 x x X X Final Conservation Easement Survey 1 X X X X X X X X X X ......................................................... Final Attorney's Report/30-year title search;deeds; 1 X X documentation Original Title Insurance Policy 1 X X Survey monumentation documented on As-Built Survey per Task 6 installation Draft Mitigation Plan 2 x x x Final Draft Mitigation Plan DMS will upload the Final Draft Mitigation Report to the IRT ............. (including revisions made during X X X Sharepoint for review by IRT members,and distribute a hardcopy deliverablereview) ................................................................................................................................................................_.........................................................................................................each to USACE and DWR. ...... ..................................................... Financial Assurance 1 X DMS will distribute the Final Mitigation Plan to the USACE. ................................................................................................................................................................................................................................................. Vendor will upload to Final Mitigation Plan to the NC Division of 3 Mitigation Plan& Water Resources online document library at the following link: Financial Assurance Final Mitigation Plan 2 x X https://edocs.deq.nc.gov/Forms/Mitigation Information Upload Instructions for uploading documents are found online at the following link: https://edocs.deq.nc.gov/WaterReso ces/0/doc/620121/Pagelaspx DMS will distribute 1 signed PCN to the USACE,and return 1 PCN forms(completed with DMS signed PCN to the Vendor.The Vendor will upload the returned, as Permittee,Vendor as Agent) 2 x X signed PCN with the Final Mitigation Plan to the NC Division of and IRT comment resonse letter Water Resources online document library at the link provided above. 4 Permitting Permits and certifications x X 5 Planting&monitoring Written documentation X X installation Draft Baseline Monitoring report, As-Built Drawings,digital 1 X X X X deliverables 6 Baseline Monitoring&Final Baseline Monitoring report, As-Built Drawings As-Built Drawings,digital Vendor will upload to Final Baseline Monitoring Report and As deliverables(including revisions 1 X X X X Built Drawings to the NC Division of Water Resources online made during deliverable review& document library at the link provided above. Quality Control) Draft Annual MonitoringReport P 1 X X X digital deliverables 7-12 Monitoring Years 1-6 ......... ......... _..... ......... .................................................................................................................................................................................................................................................... Final Annual Monitoring Report& Vendor will upload to Final to the NC Division of Water Resources digital deliverables 1 X X X online document library at the link provided above. Draft Annual Monitoring Report #7,Closeout Report&digital 1 X X X Monitoring Year 7 and deliverables 13 project Closeout Final Annual Monitoring Report #7,Closeout Report&digital 1 X X X Vendor will upload to Final to the NC Division of Water Resources deliverables online document library at the link provided above. rV Qt 46 `ryd llik . r',:e"71441) ri: 4 ,.: ;, To .t •_-.„ 1 ,i...,c,,...„ , ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S.REGAN Secretary TIM BAUMGARTNER Director January 22, 2020 THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL Full Delivery Projects to Provide Stream and Riparian RFP NO. 16-20190301 RFP TITLE: Wetland Mitigation Credits within the Cataloging Unit 03050105 of the Broad River Basin as described in the Scope of Work ADDENDUM NO. 1 USING AGENCY: DIVISION OF MITIGATION SERVICES PURCHASER BROOKE OPENING WELLS DATE/TIME: MARCH 26, 2020 @ 2:00 P.M. This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the original RFP and the additional information provided in this addendum notice. SECTION 1: Responses to Vendors Questions: Questions and Answers: Question#1: Section 3.2, Pg. 16; Item 17, Attachment B Prohibited communication is discussed in Section 3.2 on page 16 and in Item 17 of Attachment B on page 30. At various points discussion is prohibited with any state employee, government employee, or private individual during periods ranging from the evaluation period to the time the procurement is active. Please clarify to whom (federal, state, or private) and when communication is prohibited. Answer: No discussions may occur within the Department, with anyone connected with the State of NC, or with other vendors. Prohibited communication doesn't apply to Federal government. Question #2: Paragraph 7. Non-Discrimination (b), Attachment C Paragraph 7(b) of Attachment C, General Conditions of Contract requires the Vendor to "take all necessary action to ensure its employee policies and procedures are consistent with Executive Order #82..." The order applies to state agency employees. Is there an expectation that Vendors implement this policy for Vendor's employees or that Vendors are aware that this policy exists for state agency employees? Answer: Any vendor must follow law and regulations that applies to them. Question #3: Section 5.3, Task 2 of the RFP references the December 4, 2019 Survey Requirements for Full Delivery Projects document. .D_EQ,) NONI.I GANG.NA Department of Environmental Nall North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652 919.707.8976 Question #3 A) Section 8 of the Survey and Boundary Marking Requirements states, "Access to the easement area must be shown, with location and width depicted by a dotted line and note on the recorded plat." Answer: Section 8 of the Survey and Boundary Marking Requirements will be revised to say, "Access to the easement area must be shown, with location and width depicted by a dotted lino and noted on the recorded plat." Question#3 B) If the landowner chooses the General Location Option in Section II Access Easement of the Deed of Conservation Easement dated May 11, 2017, are we still required to show a specific dotted line on the plat? Answer: No. Question #4: Section 2.7, Part G, Current Ownership and Long-Term Protection, Pg. 10-11 The RFP requires an option prepared in accordance with NCGS Chapter 47G-2. Please confirm the state wants all the requirements of 47G-2 in a Vendor's option agreement. For example, 47G-2(b)(8)states the option agreement must contain "[a] statement of the rights of the purchaser to cure a default, including that the purchaser has the right to cure a default once in any 12-month period during the period of the covered lease agreement." Answer: The RFP requires proof that an option agreement per NCGS Chapter 47G-2 has been recorded in the county for the time period specified in the RFP. Question #5: Section 5.2 Section 5.2 states an "R Credit Target." Please clarify the intent of the credit target and provide rules for site suitability. Answer: The Requested Credits are 5.00 and Credit Targets are 5 R. DMS needs 5.00 Riparian Wetland credits resulting from in 100% restoration. DMS will consider other combinations of riparian wetland credits aside from the target. SECTION 2: Check ONLY ONE of the following categories and if required, return one properly executed copy of this addendum prior to bid opening time and date. ❑ Bid has already been mailed. Changes resulting from this addendum are attached. ❑ Bid has already been mailed. NO CHANGES resulted from this addendum. N1 Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. PLEASE NOTE—THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL EQ�NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652 919.707.8976 SECTION 3: Execute Addendum: BIDDER: Restoration Systems, LLC. ADDRESS (CITY & STATE): 1101 Haynes St. Suite 211 Raleigh, NC 27604 AUTHORIZED SIGNATURE: Ue-r_ /•t DATE: 3/24/2020 Note: It is the offeror's responsibility to guarantee that the offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. Office Address of delivery by any other method (special delivery, overnight, or any other carrier) PROPOSAL NUMBER: 16-20190301 NC DEQ - DIVISION OF MITIGATION SERVICES ATTN: BROOKE WELLS 217 WEST JONES STREET, SUITE 3409-I RALEIGH, NC 27603 IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE LAST POSTED OPENING DATE/TIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNED AND RETURNED IF REQUIRED. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. NORTH CAROLINA Department of Environmental Qwllry North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652 919.707.8976 TECHNICAL APPROACH AND RESTORATION PLAN TIGER FALLS STREAM AND WETLAND MITIGATION SITE CLEVELAND COUNTY,NORTH CAROLINA RFP#16-20190301-FULL DELIVERY PROJECTS TO PROVIDE STREAM AND RIPARIAN WETLAND MITIGATION CREDITS WITHIN CATALOGING UNIT 03050105 OF THE BROAD RIVER BASIN PART D. EXECUTIVE SUMMARY Restoration Systems, L.L.C. is pleased to provide you with this Proposal in response to the Request for Proposals (RFP) #16-20190301 dated December 20, 2019. This proposal describes the merits of the Tiger Falls Stream & Wetland Mitigation Site(Site);general content of this technical proposal includes the following. • Corporate team background,experience,and organization • Proposed mitigation • Project goals,objectives,description,development,and success criteria • Proposed implementation schedule • Project success criteria • Quality control procedures • Current ownership and long-term protection of the Site • Corporate fiscal resources The Site is located within Targeted Local Watershed (TLW) 03050105100010 and a Water Quality, Habitat, and Hydrology Targeted Resource Area (TRA). Streams include cool water, Buffalo Creek and unnamed tributaries to Buffalo Creek. The Site is located approximately 0.5 mile northwest of Rockdale, 1 mile northeast of Belwood,and immediately east of Highway 18. The Site is not located within a Local Watershed Planning area. Proposed mitigation was calculated in accordance with the requirements stipulated in RFP #16-20190301 as summarized in the following table. The project includes two options for submittal. Option 1 includes all the stream, plus wetland reestablishment, rehabilitation,and enhancement. Option 1 Proposed Mitigation Units Stream Mitigation Type Type Linear Feet Mitigation SMUs Ratio Restoration Priority I 3392 1:1 3392 Enhancement Level I 1584 1.5:1 1056 Enhancement Level II 2261 2.5:1 904 Preservation -- 2726 10:1 273 Totals 9963 linear feet 5625 SMUs Wetland Mitigation Type Type Acreage Mitigation Riparian Riverine WMU Ratio Reestablishment Riparian Riverine 1.9 1:1 1.9 Rehabilitation Riparian Riverine 0.2 1.5:1 0.13 Enhancement Riparian Riverine 1.3 2:1 0.65 Totals 3.4 acres 2.68 WMUs Tiger Falls Stream&Wetland Mitigation Site Part D—Executive Summary Technical Proposal(RFP#16-20190301) Option 2 includes all the stream, plus wetland reestablishment and rehabilitation. Option 2 Proposed Mitigation Units Stream Mitigation Type Type Linear Feet Mitigation SMUs Ratio Restoration Priority I 3392 1:1 3392 Enhancement Level I 1584 1.5:1 1056 Enhancement Level II 2261 2.5:1 904 Preservation -- 2726 10:1 273 Totals 9963 linear feet 5625 SMUs Wetland Mitigation Type Type Acreage Mitigation Riparian Riverine WMU Ratio Reestablishment Riparian Riverine 1.9 1:1 1.9 Rehabilitation Riparian Riverine 0.2 1.5:1 0.13 Enhancement Riparian Riverine 1.3 -- --- Totals 3.4 acres 2.03 WMUs Tiger Falls Stream&Wetland Mitigation Site Part D—Executive Summary Technical Proposal(RFP#16-20190301) PART E.CORPORATE AND TEAM BACKGROUND& EXPERIENCE Restoration Systems (RS) and the RS Team of Axiom Environmental, Sungate Design Group, K2 Design Group, Land Mechanic Designs, and Carolina Silvics, offers DMS a team that is uniquely qualified to accomplish the objectives outlined in the RFP. The RS Team offers an unmatched 90+years of combined regulatory insight and relationships within North Carolina's compensatory mitigation profession.Since RS'inception in 1998,the company has provided over 431,000 linear feet stream and 3,400 acres of wetland mitigation in North Carolina.Since 2007,the RS Team has worked collaboratively on permitting, designing, implementing and managing 21 compensatory mitigation projects in North Carolina, totaling 105,227 linear feet for stream and 83.10 acres of wetland mitigation.Several factors make the RS Team the preferred choice, including: Experience and Expertise ♦ RS—Pioneer of"Full-Delivery,"outcome-based, mitigation with the first such contract in North Carolina for the Department of Transpiration and NC Ecosystem Enhancement Program (now DMS) in 2000 ♦ RS—Sponsor of 70, Full-Delivery, outcome-based, compensatory mitigation projects in NC (47 with DMS, 17 mitigation banks,seven permitted responsible) ♦ RS—200+negotiated and acquired purchase agreements within NC ♦ RS—40 projects successfully closed-out by regulatory agencies within NC Regulatory& Policy Knowledge ♦ Axiom—Sandy Smith was a co-author and is now teaching the North Carolina Wetland Assessment Method (NC WAM) & North Carolina Stream Assessment Method (NC SAM) ♦ RS—First Post 2008 Mitigation Rule Stream and Wetland Mitigation Bank in NC—Cripple Creek ♦ RS—First and only large scale dam removal from mitigation credit in NC(thee in total) ♦ RS — Environmental public policy background (US Senate) with a focus on wetlands, water quality, and species issues ♦ RS—State& non-profit advocacy • Former Trustee of the North Carolina Clean Water Management Trust Fund • Board of the NC Coastal Federation • Board of the University of North Carolina at Chapel Hill—Institute for the Environment • Board of the North Carolina Wildlife Habitat Foundation RS' Proven Management—A Collaborative& Responsive Approach to Meeting DMS'RFP Objectives ♦ A multi-disciplinary, results-driven team that understands DMS' objectives ♦ Responsive,schedule-focused delivery that keeps DMS informed and projects on track ♦ Open-minded,flexible team amendable to new ideas and DMS/regulatory agency input ♦ An engaging and collaborative communication-based approach to identifying, permitting, designing, and managing compensatory mitigation projects. Our approach places a high value on DMS/regulatory agency input in the development of an optimal solution Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) SECTION 1: RS'CORPORATE BACKGROUND AND EXPERIENCE As Project Sponsor, RS will coordination Project development with the DMS and regulatory agencies. RS will manage all work out of its Raleigh Headquarters,located at 1101 Haynes St.Suite 211,Raleigh,NC 27604.This location allows RS to meet with DMS staff in person within a matter of minutes and enables RS immediate access to state&federal regulatory personnel. As a leading environmental restoration and mitigation banking firm with more than seventy-five (75) sponsored mitigation banks, permittee-responsible,and full-delivery mitigation sites across eight(8)States and US Army Corps Districts, RS fully understands the complexities of providing cost-effective compensatory mitigation. RS' sole business activity is restoring and protecting water, land, and endangered species habitat by purchasing permanent conservation easements,fee-simple interests,or deed restrictions from property owners,while physically restoring the waterways, vegetation, and habitat to exceed current function and duplicate historic ecological conditions as practicable. This work requires a collaborative multi-disciplinary approach led by RS staff in coordination with independent licensed and certified consultants. RS employees hold a wide range of certifications and professional licenses, including Professional Wetland Scientist (PWS) certification, Licensed Soil Scientist (LSS), Certified Public Accountant (CPA), Licensed Real Estate Agent (LREA), and a General Contractor's (GC) license. These licenses in conjunction with RS staff backgrounds in policy, environmental science, landscape architecture, real estate, construction management,and economics,allow RS the tractability to overcome ecological and regulatory variables that are inherently a part of providing full-delivery compensatory mitigation. In 1996 RS' principal George Howard managed and sold the state's first commercial mitigation bank to the North Carolina Department of Transportation (Barra Farms Mitigation Bank — 623 acres). In 1998, Howard co-founded Restoration Systems with the intent of evolving the Full-Delivery processes to better assist the North Carolina Department of Transportation with their compensatory mitigation needs.Working with Dr. David Robinson and Mr. David Schiller of NCDOT, RS assisted with the development of the first Full-Delivery RFP for compensatory mitigation in the United States, issued in 2000 for wetlands mitigation in the Neuse River basin. RS has since entered into forty-six full-delivery contracts with the North Carolina in-lieu fee program,the Division of Mitigation Services and its predecessors.When combined with other projects inside and outside of North Carolina, RS has entered into full-delivery contracts for stream mitigation totaling over 525,000 linear feet of stream and 4,100 acres of wetlands. In total, RS'ecological restoration projects and investments total over 115,000 acres of wetlands, forests,and prairies and 75 miles of streams, rivers,and bayous.To-date, RS has successfully closed out thirty-eight (38)compensatory mitigation projects. Of the 38 successfully closed-out projects, 36 have been full-delivery,turn-key, based mitigation projects. Of those, RS provided 98.6%of its contracted credits. In detail, RS has provided: ♦ 99.33%of Stream Credits(213,434 Units of the 214,870 Contracted) ♦ 98.09%of Wetland Credits(1,753 Units of the 1,787 Contracted) ♦ 100%of Water Quality Credits(183,340 Units) ♦ 97.09%Riparian Buffer Credits(310 Units of the 320 Contracted) RS has achieved this success through its proven ability to identify and provide innovative and cost-effective compensatory mitigation for its clients.Specific examples RS performance,are; ♦ Large-Scale Dam Removal:Carbonton,Lowell,&Milburnie Dam • North Carolina's first,second,and third large-scale dam removal projects for compensatory mitigation credit (the only three to have occurred). Restoring 50+ miles for anadromous fish passage, spawning Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) grounds,and threatened and endangered habitat for fish (Cape Fear shiner—Notropis mekistocholas), freshwater mussels (Tar River spiny mussel—Elliptio steinstansana), and other aquatic species(Neuse River Waterdog—Necturus lewisi). ♦ Pioneer of Water Quality Projects • 2007: North Carolina and the Nation's first privately sponsored retail water quality mitigation bank located in the Neuse River Watershed;Wellon's Farm—32 acres, and Lane Island 52 acres. • 2008:Virginia's First Water Quality Mitigation Bank located in the James River Watershed; Cranston's Mill Pond—174-acre parcel. ♦ Large&Small Mitigation Projects • 2000&2002: Bear Creek&Sleepy Creek,300+Acres of wetland restoration and enhancement, Neuse River Basin of North Carolina. • 2010 Summit Seep:four wetland mitigation units in the Yadkin River Basin,of North Carolina. • 2014 & 2015: Katy Prairie Stream Mitigation Site, 20+ miles of Priority-1 Natural Channel Design, San Jacinto River Basin of Text. • 2018:Shaw's Run,2,200 linear feet of stream restoration and 4.4 acres of wetland restoration,Lumber River Basin of North Carolina. ♦ Diverse&Large-Scale Client Base • Full-Delivery Compensatory Mitigation Contracts with the NC Division of Mitigation Services (45 projects), North Carolina Department of Transportation (DOT) (10 projects), Tennessee DOT, Texas DOT, Three Airport Authorities, and over 600 sales from RS Sponsored Compensatory and Water Quality Mitigation Banks. As described above and throughout this Proposal, RS' vast experience with permitting, managing, and most importantly, closing-out compensatory mitigation projects makes it uniquely qualified to Sponsor this Project. Lessons learned from each of our projects throughout the county are applied to every project moving forward; ensuring RS'adaptability in an ever-changing regulatory climate and science-driven profession.The following pages provide a robust background on all RS'sponsored projects. RS employees were intimately involved with all aspects of development, implementation, monitoring,and closure of the projects listed below. Following RS' Project List, is a detailed description of the RS Team and the proposed management of the Project. The Project's Key Personnel are listed along with brief resumes and the Team's organization. Key Personnel of the RS Team have extensive knowledge and experience with wetland restoration design, permitting, construction, and first-hand experience managing compensatory mitigation projects.Their addition as RS Team members amplifies RS' unique experience with practical local knowledge and staff resources to meet timelines and exceed expectations. Space Purposefully Left Blank Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Restoration Systems'Existing Projects %of Year Status Credits Credits Credits Credits Credits Contracted # Project State River Basin 8-Digit HUC Client Assets Initiated (Q2 of 2019) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Proved at Closeout Full Delivery Projects in North Carolina for the Division of Mitigation Services(DMS) Alliance Monitoring Stream 6,657 1 Headwaters NC Neuse 03020201 DMS 2016 Year 1 Riparian Wetland 33.18 Monitoring Stream 4,731 2 Abbey Lamm NC Cape Fear 03030002 DMS 2014 Year 6 Riparian Wetland 1 Anderson Tar- 3 NC 03020102 DMS 2006 Closed Out Non-Riparian Wetland 15.5 95% Swamp Pamlico 4 Arabia Bay NC Cape Fear 03030004 DMS 2018 Construction Non-Riparian Wetland 16 5 Aycock Springs NC Cape Fear 03030002 DMS 2014 Monitoring Stream 3,628 Year 5 Riparian Wetland 0.5 Stream 3,907 6 Brahma NC Cape Fear 03030002 DMS 2018 Permitting Riparian Wetland 2.68 7 Big Bull Creek NC Neuse 03020201 DMS 2005 Closed Out Buffer 35 86% 8 Brogden Road NC Neuse 03020201 DMS 2005 Closed Out Buffer 15 100% Stream 5,000 100% 9 Brown Marsh NC Lumber 03040204 DMS 2006 Closed Out Non-Riparian Wetland 5 100% Stream 6,748 100% 10 Cane Creek NC Broad 03050105 DMS 2006 Closed Out Riparian Wetland 4.4 0% Non-Riparian Wetland 5 0% 11 Carbonton Dam NC Cape Fear 03030003 DMS 2004 Closed Out Stream 90,494 100% 12 Casey Dairy NC Neuse 03020202 DMS 2002 Closed Out Buffer 72 100% 13 Columbus NC Lumber 03040203 DMS 2007 Closed Out Wetland 32 100% Swamp 14 Conetoe Creek NC Tar- 03020103 DMS 2005 Closed Out Buffer 10 95% Pamlico 15 Cutawhiskie NC Chowan 03010204 DMS 2006 Close Out in Stream 3,418 100% Process Wetland 12.17 100% 16 Elk Shoals NC Catawba 03050101 DMS 2003 Closed Out Stream 5,188 100% Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Restoration Systems'Existing Projects %of Year Status Credits Credits Credits Credits Credits Contracted # Project State River Basin 8-Digit HUC Client Assets Initiated (Q2 of 2019) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Proved at Closeout Buffer 45 96% 17 Fox Run NC Neuse 03020203 DMS 2009 Closed Out • Nutrient 59,598 100% 18 Gatlin Swamp NC Roanoke 03010107 DMS 2005 Closed Out Non-Riparian Wetland 125 100% 19 Gray Farm NC Catawba 03050101 DMS 2005 Closed Out Stream 7,610 100% 20 Haw River NC Cape Fear 03030002 DMS 2003 Closed Out Riparian Wetland 31.55 100% 21 Heath NC Neuse 03020202 DMS 2009 Closed Out Buffer 59.95 99% 22 Heritage MD C.Bay NA AA County 2019 Permitting Water Quality 44 Harbour Stream 4,785 94% 23 Herman Dairy NC Catawba 03050101 DMS 2010 Closed Out Riparian Wetland 4 100% Non-Riparian Wetland 0.91 100% 24 Heron NC Cape Fear 03030002 DMS 2017 Monitoring Stream 6,096 Year 2 Riparian Wetland 0.63 25 Holly Grove NC Cape Fear 03030002 DMS 2006 Closed Out Stream 15,726 100% Stream 6,640 100% 26 Jarman's Oak NC Cape Fear 03030001 DMS 2006 Closed Out Wetland 12 100% French Stream 4,000 27 Laurel Springs NC Broad 06010108 DMS 2019 Permitting Wetland TBD 28 Lick Creek NC Cape Fear 03030004 DMS 2004 Closed Out Stream 9,500 100% 29 Little Buffalo NC Neuse 03020201 DMS 2005 Closed Out Buffer 18.5 97% Stream 4,750 100% 30 Lloyd NC Cape Fear 03030001 DMS 2005 Closed Out Riparian Wetland 3.3 100% Non-Riparian Wetland 3.1 100% 31 Lowell Mill Dam NC Neuse 03020201 DMS 2004 Closed Out Dam Removal 34,990 100% 32 Major Hill NC Cape Fear 03030002 DMS 2017 Monitoring Stream 3,234 Year 2 Riparian Wetland 0.76 Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Restoration Systems'Existing Projects %of Year Status Credits Credits Credits Credits Credits Contracted # Project State River Basin 8-Digit HUC Client Assets Initiated (Q2 of 2019) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Proved at Closeout French Stream 5,000 82% 33 Morgan Creek NC 06010106 DMS 2006 Closed Out Broad Wetland 5 23% Stream 5,264 34 Nesbit NC Catawba 03050103 DMS 2019 Permitting Wetland 4.7 35 Pepperwood NC Neuse 03020201 DMS 2012 Closed Out Buffer 13.1 Farm Stream 4,111 36 Phantom Mill NC Cape Fear 03030002 DMS 2018 Permitting Riparian Wetland 2.45 37 Pierce Terrace NC Chowan 3010203 DMS 2019 Permittng Non-Riparian Wetland 105 Stream 2,200 38 Shaw's Run NC Lumber 03040203 DMS 2018 Permitting Riparian Wetland 4.4 Stream 3,128 39 Slingshot NC Cape Fear 03030002 DMS 2018 Permitting Riparian Wetland 1.31 40 Sliver Moon NC Neuse 03020202 DM5 2011 Closed Out Non-Riparian Wetland 14 100% 41 Sliver Moon II NC Neuse 03020203 DM5 2018 Permitting Non-Riparian Wetland 30 42 Summit Seep NC Yadkin 03040103 DM5 2010 Closed Out Riparian Wetland 4 98% Stream 3,061 43 Swamp Grape NC Lumber 03040204 DM5 2019 Permitting Wetland 10 44 Three Mile Creek NC French 06010108 DM5 2007 Closed Out Stream 8,021 97% Broad Wetland 2.3 100% 45 Turkey Point MD C.Bay NA AA County 2019 Permitting Water Quality 19 46 Vickis Thicket NC Neuse 03020202 DMS 2009 Closed Out Buffer 28 100% 47 Wall NC Cape Fear 03030003 DMS 2011 Closed Out Buffer 11.3 93% 48 Walnut Creek NC Neuse 03020203 DMS 2004 Closed Out Buffer 25 100% 49 Warren Wilson French NC 06010105 DMS 2017 Construction Stream 9,485 College Broad Stream 10,000 50 Whits End NC Yadkin 3040105 DMS 2019 Permitting Wetland 20 Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Restoration Systems'Existing Projects %of Year Status Credits Credits Credits Credits Credits Contracted # Project State River Basin 8-Digit HUC Client Assets Initiated (Q2 of 2019) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Proved at I Closeout Approved Banks Stream 5,748 51 Bass Mountain NC Cape Fear 03030002 Bank 2005 Closed Out Buffer 10.55 NA Nutrient Offsets 796 52 Cranston Mill VA James 2080206 Bank 2008 Active Nutrient Offsets 752 Pond Stream 4,518 53 Cripple Creek NC Cape Fear 03030002 Bank 2008 Closed Out NA Wetland 7.85 Marsh 247.7 54 Jesuit Bend LA Deltaic 8090301 Bank 2010 Monitoring (fresh/intermediate) Plain Year 5 Bottom Land Hardwoods Closed/Sold Nutrients 96,648 55 Lane NC Neuse 03020201 Bank 2007 Out NA Buffer 10.56 Stream 8,158 Wetland 33.50 56 Pancho NC Neuse 03020201 Bank 2009 Closed Out Nutrient Offsets 25,503 Buffer 3.50 Monitoring Buffer 7.57 57 Half-Mile NC Neuse 03020201 Bank 2015 Year 6 Nutrient Offsets 36,777 58 Katy Prairie TX Spring 12040102 Bank 2009 Monitoring Stream 17,918 (Phase I) Year 7 59 Wellons NC Neuse 03020201 Bank 2007 CloseOdSold ut Nutrient Offsets 73,804 NA 60 Weaver Farm NC Neuse 03020201 Bank 2017 Monitoring Buffer&Nutrient 33,361 6.08 Year 3 Offset 61 Flat Swamp NC Neuse 03020201 Bank 2008 Closed Out Nutrient 760,000 Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Restoration Systems'Existing Projects of Year Status Credits Credits Credits Credits Credits Contracted # Project State River Basin 8-Digit HUC Client of 2019) Mitigation Type Assets Initiated (Q2 (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Proved at Closeout Monitoring Stream 5,993 62 Benton Branch NC Cape Fear 03030002 Bank 2015 Year 3 45 16.62 Wetland 2.90 Monitoring Stream 5,492 63 Motes Creek NC Cape Fear 03030002 Bank 2015 Year 3 90 11.93 Wetland 0.92 Monitoring Stream 2,470 64 Orphan Creek NC Cape Fear 03030002 Bank 2015 Year 3 386 5.39 Wetland 0.05 Monitoring Stream 1,007 65 Rocky Top NC Cape Fear 03030002 Bank 2015 Year 3 1,845 2.85 Wetland 66 Milburnie Dam NC Neuse 03020201 Bank 2009 Monitoring Stream 40,840 Year 3 Monitoring Stream 5,707 67 Brushy Mountain NC Yadkin 03040101 Bank 2017 Year 2 Wetland 2.47 Banks In Development I In- 68 Hebert II TX Spring 12040102 Bank 2014 Development Wetland 300.00 In- 69 Cane Island NC Cape Fear 03030002 Bank 2015 Development Stream 2,785 70 Maple Hill NC Cape Fear 03030002 Bank 2015 Permitting Stream 2,685 71 Blue Star Con French NC 06010105 Bank 2018 Permitting Stream 2,957 Gen Broad Stream 7,747 72 Durant's Neck NC Pasquotank 3010205 Bank 2019 Permtting Wetland 14.60 Permittee Responsible Mitigation Projects 11 I i 73 Angola Bay NC Lumber 03040203 Private 2004 Design Wetland 750.00 74 Bear Creek NC Neuse 03020202 NCDOT 2000 Closed Out Riparian Wetland 165.60 96% 75 Burrows Cove TN Middle 6030003 TNDOT 2009 Monitoring Wetland 27.00 Tenn.-Elk Year 11 76 Butlers Branch NC Neuse 03020202 City of 2009 Closed Out Nutrient Offsets 122,742 100% Raleigh Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Restoration Systems'Existing Projects %of Year Status Credits Credits Credits Credits Credits Contracted # Project State River Basin 8-Digit HUC Client Assets Initiated (Q2 of 2019) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Proved at I Closeout Stream 7,000 100% 77 Causey Farm NC Cape Fear 03030003 Fed-Ex 2003 Closed Out — Riparian Wetland 10.00 100% 78 Frog Hollow NC Neuse 03020202 Global 2008 Closed Out Wetland Preservation 1,100.62 100% Transpark 79 Katy Prairie(F1) TX Spring 12040102 TxDOT 2014 Monitoring Stream 20,288 Year 6 80 Katy Prairie(F2) TX Spring 12040102 TxDOT 2014 Monitoring Stream 6,636 Year 7 81 Katy Prairie(G) TX Spring 12040102 TxDOT 2015 Monitoring Stream 28,161 Year 4 Salisbury o 82 MD Wicomico 2060007 Private 2006 Closed Out Wetland 40.00 100% Wicomico 83 Sleepy Creek NC Neuse 03020202 NCDOT 2002 Closed Out Riparian Wetland 192.00 93% Spring Creek Monitoring Stream 16,061 84 Ranch TX Spring 12040102 TxDOT 2015 Year 3 Wetland 8.00 Species Mitigation Projects 85 Hoeme KS NA NA Bank 2015 Permitted Lesser Prairie Chicken 9,053.10 86 Gardiner-Dunne KS NA NA Bank 2015 Permitted Lesser Prairie Chicken 47,188.30 87 Bar-B OK NA NA Bank 2018 Permitted Lesser Prairie Chicken 10,913.20 88 Lost Draw NM NA NA Bank 2015 Permitted Lesser Prairie Chicken 10,882.20 89 Tomahawk TX NA NA Bank 2015 Permitted Lesser Prairie Chicken 2,802.20 Credits Credits Credits Credits Credits (Stream) (Wetlands) (Nutrients) (Buffer) (Species) Note: Credits are calculated differently for each Corps District. In general,the"Credits"column represents the total length of stream restoration(feet),acreage of wetland restoration,acreage of buffer or pounds of Totals 469,543 3,415.05 1,210,044 371.11 80,839.00 469,543 nutrient offset,and acreage of species conservation Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Space Purposefully Left Blank Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) SECTION 2: RS TEAM BACKGROUND RS' multidisciplinary approach is carried over to the selection of sub-consultants, which together comprise the RS Team. For the past decade, RS has maintained the same core RS Team for all NC projects (full-delivery, permitte responsible, and privately sponsored mitigation banks). The RS Team is comprised of RS, acting as Sponsor and Project Manager, and five sub-consultants. To date, the RS Team has worked together on implementing and managing 21 compensatory mitigation projects in North Carolina,totaling 105,227 linear feet for stream and 83.10 acres of wetland mitigation. RS' relationship with many of RS Team sub-consultants extends beyond this set team. Below is a summary of the experience RS has with each sub-consultant based on the number of projects in which they provided services to RS.The table also provides the sub-consultants role for this Project. Below the table, is a brief narrative of each sub-consultant. Table 1: RS&Subconsultant Project History Subconsultant Axiom Environmental Sungate Design Group K2 Design Group Land Mechanics Design No.of RS Projects 54 23 67 40 Involved With Project Role Design and Monitoring Professional Engineering Surveying Construction Services Services ♦ Axiom Environmental (Axiom): http://axiomenvironmental.org Project Role: Design and Monitoring Services Axiom is a full service environmental consulting firm with over 100 years of combined experience.Axiom offers a full spectrum of natural systems investigations and natural resources restoration services.Axiom and RS have worked collaboratively on 54 mitigation projects. The Axiom team of professionals consists of Licensed Soil Scientists, Professional Wetland Scientists,a Licensed Wildlife Damage Control Agent,a geologist,botanists,biologists,and mitigation design specialists. Axiom offers services in support of the National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA), Clean Water Act,and Endangered Species Act. These services cover a wide range of activities including: - Stream and Wetland Restoration Design - Mitigation Banking - Environmental Permitting - Mitigation Site Searches - Ecological Surveys - Feasibility Studies - Biological Assessments - Mitigation Monitoring - H2O Quality Sampling - Construction Plan Development - NEPA/SEPA Documentation - Construction Implementation - Transportation Environmental Studies - Construction Oversight - Protected Species Assessments - Benthic Macroinvertebrate Surveys - Stream and Wetland Delineations - Coastal Studies - Buffer Determinations - Submerged Aquatic Vegetation Surveys - Comprehensive Plant and Animal Surveys - Forest Service Plant and Animal Surveys Axiom Staff in Publications The North Carolina Wetland Assessment Method (NCWAM)&The North Carolina Stream Assessment Method: Development of a Rapid Wetland Assessment Method and Use for Compensatory Mitigation John R. Dorney, Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) LeiLani Paugh, Alexander P. (Sandy) Smith, Thomas (Brad) Allen, Matthew T. Cusack, Rick Savage, Emily B. Hughes, Breda Munoz ♦ Sungate Design Group(Su ngate): http://sungatedesign.com Project Role: Professional Engineering Services Sungate is a civil and environmental engineering consulting firm located on Jones Franklin Road in Raleigh, NC. Established in 1991,Sungate employs 14 professionals including five Professional Engineers,seven Engineering Technicians, one CAD technician, and an administrative manager. Sungate is properly certified with the Office of the Secretary of State and licensed with the North Carolina Board of Registration for Professional Engineers and Land Surveyors(license number C-0890).Sungate has provided engineering services on 22 of RS sponsored mitigation projects in NC. Sungate provides a full range of services related to water resources, including modeling,design, permitting and construction administration. Sungate's staff has extensive experience with FEMA regulations, NC Department of Environmental Quality regulations, DWR and USACOE environmental permit requirements, natural channel design,NCDOT procedures and policies for highway drainage design and bridge and culvert analysis,and erosion control design and implementation. Sungate has professional expertise in all phases of basin studies and flood studies from data collection, evaluation and analysis, public participatory process, conceptual design, environmental permitting, hydraulic studies, site design, and engineering, permitting and approval, construction documentation and project administration. All of the firm's professional engineers have extensive experience with FEMA floodway modifications,HEC-2,and HEC-RAS backwater modeling software,as well as HEC-HMS and HydroCAD hydrologic modeling software. Sungate performs a variety of water resource services within North Carolina for public clients including Wake County and the NCDOT, as well as private clients including many engineering and architectural firms. Furthermore,Sungate has served continuously as the Town Engineer for the Town of Carrboro since 1995,flood study and drainage plan consultant reviewer for the Town of Holly Springs since 1998 and was awarded Wake County Facilities Design &Construction Capital Improvement Projects On-Call Contract for the last 22 years. ♦ K2 Design Group(K2) Project Role: Baseline,Topographic& Property Surveying,As-Built Survey Since 2000, K2 has provided surveying services on 66 of RS' mitigation projects in NC. Owner and principal surveyor John Rudolph holds professional land survey licenses for North Carolina,South Carolina, and Virginia, and is a licensed, Certified Professional in Sedimentation and Erosion Control. K2 provides clients with wetland mapping, stream, and conservation area mapping while meeting various requirements required by state and federal agencies. K2 has provided marine survey services for many dam removals in NC and topographic mapping in coastal and inland areas. K2 Design Group has worked on several extensive boundary surveys for the US Department of the Navy,the most significant being over 5,000 acres. ♦ Land Mechanic Design (LMD): https://landmechanicdesigns.com Project Role: Construction Land Mechanic Designs, Inc. is a leading stream and wetland restoration construction company dedicated to restoring the ecosystem to its original state. LMD's mission is to provide stream and wetland restoration construction using proven designs, techniques, and natural resources to protect our environment, as well as provide a benefit to our clients and future generations. LMD has provided construction related services on 39 of RS'mitigation projects. Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) LMD has direct experience with restoring streams and wetlands at various locations and conditions throughout the Southeastern US. LMD is committed to using the latest and most efficient methods,materials,and expertise to provide customers with an optimal result. LMD has the knowledge and resources to ensure the job is done right,on budget and on-time. Project Management&Key Team Members(the RS Team) As described throughout this Proposal, RS'vast experience permitting, managing,and most importantly closing-out compensatory mitigation projects makes it uniquely qualified to fulfill the PFP's objectives. Lessons learned from each of our projects throughout the county are applied to every project moving forward; ensuring RS' adaptability in an ever-changing regulatory climate and science-driven profession. Adding RS Team members to the equation amplifies RS' unique experience with practical local knowledge and staff resources to meet timelines and exceed expectations. Key Personnel for this Project exhibit extensive knowledge and experience in wetland restoration design,permitting and constructing. Having a specialized restoration team with highly trained and skilled members and first-hand experience with compensatory mitigation projects will ensure timely achievement of the RFP's Objectives. Though structurally formal,the RS Team will work collaboratively to optimize the implementation of the Site. RS will manage all communications with regulatory agencies to ensure a succinct messaging network. Compensatory mitigation projects require complex solutions to design,permitting,and construction.These type of projects require a multi-disciplinary team;which is the precise strength of the RS Team.The RS Team of engineers and scientists will review project data and designs jointly in the context of overall Project objectives; improving performance and outcome. This approach allows RS Team members to be involved in Project development/design, and to stay engaged throughout the construction and monitoring phases.This model incorporates quality assurance and control into every aspect of the Project. The RS Team's approach to quality assurance and quality control (QA/QC) will provide detailed oversight from multiple individuals to produce high-quality deliverables and maintain project schedules. A detailed description of RS QA/QC measures is provided in Section 1.8 of the Technical Approach and Restoration Plan. Raymond Holz,who is a member of the American Society of Landscape Architects(ASLA),will serve as Senior Project Manager. During his nine years with RS, Raymond has performed dozens of Site Identification and Mitigation Feasibility Studies and currently oversees Mitigation Implementation Services at RS. He has worked on over a dozen NC DMS full-delivery projects; his responsibilities have included site identification and acquisition, vegetation management, project oversite (permitting, construction, yearly monitoring and, remedial action planning), coordination with DMS Project Managers, and management of project closeouts' with the North Carolina Interagency Review Team.To date,Raymond has successfully"closed-out"ten compensatory mitigation projects for Restoration Systems. His diverse experience in managing compensatory mitigation projects will ensure timely delivery of project tasks. The Key Team Member table below outlines all members involved with the Project,their role, and responsibilities. A projected workload for their involvement with the Project is provided as a percentage of their total work time. Key Team Members Projected Key Team Role Responsibilities Workload(as% Member of total time) Raymond Holz Management Team: - Primary POC with DMS - Project performance management 50/0 RS Sr.Project Manager/ - Project development and consultant management Operations Manager - Inter-Agency Review Team coordination Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Key Team Members Key Team Projected Member Role Responsibilities Workload(as% of total time) Alex Baldwin, LSS, Management Team: - Landowner coordination/easement acquisition PWS - RS Wetland Scientist 10% Sr.RS Scientist&QA/QC - Prepare water budgets as needed RS Manager - RS Chief QA/QC Manager Matthew Harrell Management Team: - Habitat expert - Responsible for overseeing the monitoring,maintenance 2% RS Project Manager(Day-to- - Coordinating and reviewing annual monitoring reports Day Operations) - Development of remedial action plans if required - Construction oversight for RS Worth Creech,GC Management Team: - Managing the quality of work and budget costs - Communicating with Project Manager,Designer,and 2% RS Construction Lead Engineer of Record - Preparing work schedules for contractors Josh Merritt Implementation Team: - Review planting and planting material plans - Acquire planting stock RS Forestry Lead - Oversee hardwood planting 2% - Vegetation management Design Team: - Delegate and oversee main project tasks Grant Lewis,LSS - Peer&technical reviewer of deliverables - Lead and assist with fieldwork,designs,and deliverables Sr. Project Manager 5% Axiom - Permit Application Stream/Wetland Designer - Attend project meetings as needed - Construction management and oversight - Lead environmental scientist for project tasks including but Kenan Jernigan Design Team: not limited to resource delineations,functional assessments, monitoring,and construction oversight and maintenance 10% Axiom Environmental Lead - Prepare environmental documents and deliverables; - Conduct peer reviews on project deliverables - Lead engineer working collaboratively with Design Team Sr. Josh Dalton,PE, Design Team: PM on the design approach CPESC - Conduct hydrologic and hydraulic analysis as needed 2% Lead Engineer(Engineer - Delegate and oversee CADD tasks Sun gate of Record) - Preparation of deliverables - Attend project meetings as needed John Rudolph,PLS Design Team: - Lead and oversee project boundary,topographic, construction,and as-built surveys 5% - Delegate appropriate supporting staff K2 Design Survey Lead - Review and approve all final surveys Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Key Team Members Key Team Projected Member Role Responsibilities Workload(as% of total time) - Lloyd A.Glover Implementation Team: Construction of the Project - Adherence to all permit conditions Land Mechanic Sr.Construction - Communicating with Project Manager,Designer,and 5% Designs Manager/Site Foreman Engineer of Record - Attend project meetings as needed Key Team Member Resumes Below is a brief overview of each Key Team Member's resume and project experience over the past three years. Full resumes can be provided at the request of the Division. Table 2:Key Team Member Resumes Name and Proposed Role Key Mitigation Project Experience(Past 3 yrs.) Raymond Holz,ASLA—Restoration Systems Roles:Sr. Project Manager/Operations Manager/Agency Coordination Lead - Environmental assessment and natural resource No.of Relevant Projects:15+ investigations - Professional Licenses,Certifications,and Training: Site identification/land acquisition - Stream Mechanics—Function-Based Framework for Stream Natural systems restoration design - Assessment&Restoration Projects, NCSU Nutrient Management Construction management - Monitoring Training/Revised Universal Soil Loss Equation,NCSU—MDC for - Project Closeout Stormwater BMP,NCSU/NCDOT Level I:Erosion&Sediment Control Installer/Inspector Alex Baldwin—Restoration Systems Roles:Senior Environmental Scientist/QA-QC Manager No.of Relevant Projects:20+ - Environmental assessment and natural resource Professional Licenses,Certifications,and Training:NC Licensed investigations Soil Scientist(#1297),Professional Wetland Scientist(#2221),NC - Natural systems restoration design Wetland&Stream Assessment Method Certifications,NCSU River - Monitoring Course—201 NDC Principles,NCDWR Surface Water ID - Site identification/land acquisition Certification(#934T-1116),NCSU Stormwater BMP Certification (#2508) Matthew Harrell—Restoration Systems Roles: Project Manager—Day to Day Operations/Site Acquisition - Environmental assessment and natural resource No.of Relevant Projects:12+ investigations Professional Licenses,Certifications,and Training: - Site identification/land acquisition NC Prescribed Burner#NCFS-685. NWCG FF-2 certified,plus - Natural systems restoration design/management additional classes including NCFS Atmospheric Dispersion - Controlled Burn Modeling course, NC DA&CS Licensed Pesticide Applicator#032- - Monitoring 7392,NC Wetland Assessment Method Certification Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Table 2:Key Team Member Resumes Name and Proposed Role Key Mitigation Project Experience(Past 3 yrs.) Worth Creech—Restoration Systems - Environmental assessment and natural resource Roles:Construction Manager No.of Relevant Projects:20+ investigations Professional Licenses,Certifications,and Training: - Site identification/land acquisition NC Unlimited Building General Contractor's License,NC,#64807, - Natural systems restoration design - Rosgen Level I Certification,NC Stormwater BMP Inspection,and Construction management - Monitoring Maintenance Certificate,NCEEP/NCSY Stream Restoration - Project Closeout Construction Training Certificate Josh Merritt—Restoration Sysytems Roles:Project Manager for Vegetation Success No.of Relevant Projects:20+ - Professional Licenses,Certifications,and Training: Environmental assessment and natural resource NC Commercial Ground Pesticide Applicator-Aquatics, investigations - Forestry,and Ornamental&Turf Grass(Since 2015) Monitoring NCDOT Level 1 Erosion&Sediment Control/Stormwater Inspector/Installer W.Grant Lewis—Axiom Roles: Environmental assessment,natural resource investigations, - Environmental assessment and natural resource technical approach,stream&wetland design investigations No.of Relevant Projects:20+ - Natural systems restoration design Professional Licenses,Certifications,and Training: - Construction management NC Licensed Soil Scientist(#1233),Society of Wetland Scientists, - Monitoring Professional Wetland Scientist,Applied Fluvial Geomorphology - Project Closeout (Rosgen Level I,II,Ill,and IV) Kenan Jernigan—Axiom Roles: Environmental assessment,natural resource investigations, - Environmental assessment and natural resource and technical approach investigations No.of Relevant Projects:20+ - Natural systems restoration design Professional Licenses,Certifications,and Training: - Construction management NC Wetland Assessment Method Certification—2012,Surface - Monitoring Water Identification Training and Certification—2014,NC Stream - Project Closeout Assessment Method Certification—2017 Josh Dalton,PE,PCESC—Sungate Roles: Lead Engineer,non-traditional/innovative practices No.of Relevant Projects:20+ - Environmental assessment and natural resource Professional Licenses,Certifications,and/or Training: investigations Professional Engineer—North Carolina,South Carolina, - Natural Systems Restoration Design&Engineering Certified Professional in Erosion and Sediment Control, - Sediment&Erosion Control Design NCDOT Level III Designer of Erosion and Sediment Control Plans, - Dam Removal Engineering NCSU Stormwater BMP Inspector,NCDEMLR Stormwater BMP Plan Reviewer John Rudolph—K2 Design Roles:Surveyor - Natural systems restoration design No.of Relevant Projects:20+ - Environmental assessment and natural resource Professional Licenses,Certifications,and Training: investigations Professional Land Surveyor North Carolina L-4194, Virginia - Monitoring 0403003029, South Carolina ELS.30298, Certified Professional in Land Acquisition - Erosion and Sediment Control(national license)-CPESC 2226 Project Closeout Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) Table 2:Key Team Member Resumes Name and Proposed Role Key Mitigation Project Experience(Past 3 yrs.) Lloyd A.Glover—Land Mechanic Designs Roles:Senior Project Manager/Site Foreman No.of Relevant Projects:70+ - Professional Licenses,Certifications,and Training: Natural systems restoration design - Level I&II NCDOT Erosion and Sedimentation Control/Storm Construction and management Water Certification - Environmental assessment and natural resource Stream Restoration Construction Training NCSU 2005 investigations Stormwater BMP Inspection and Maintenance Cert. MSHA Certified Tiger Falls Stream and Wetland Mitigation Site Part E.Corporate Background&Experience Technical Proposal(RFP#16-20190306) PART F: PROJECT ORGANIZATION RS will lead the team as Proposal Offeror/Sponsor, providing project management support and coordination between the RS Team members, the DMS, and regulatory entities (County, State, and Federal) for the life of the proposed project. Work on this project will be performed primarily by staff from the following office locations: ,_... . , . „ RESTORATION Jr SYSTEMS LLC Axiom Environmental.Inc. Restoration Systems Axiom Environmental, Inc. 1101 Haynes Street Suite 211 218 Snow Avenue Raleigh, NC 27604 Raleigh, North Carolina 27603 THE RESTORATION SYSTEMS TEAM The Restoration Systems'project team for implementation of the Tiger Falls Stream Mitigation Site is comprised of the following personnel and subcontractors: ■ JD Hamby, Restoration Systems, will serve as project manager, overseeing all aspects of implementation, monitoring, and closeout with the North Carolina Interagency Review Team. Raymond will be the primary contact for the DMS on this project. ■ Worth Creech,Restoration Systems,will be serving as construction manager and co-project manager.Worth is a licensed general contractor and will provide implementation, landowner coordination, and oversight for all activities undertaken by Restoration Systems throughout the life of the project. ■ Grant Lewis (Axiom), will contribute to project design as a subcontractor through RS. Axiom will also provide monitoring services throughout the project life. NC DMS/NC IRT George Howard(RS) JD Hamby(RS) RS'CEO,Project's Authorized Project Manager Representative Grant Lewis(Axiom) Project Design/ Worth Creech(RS) Monitoring Construction Coordinator and Oversight Tiger Falls Stream&Wetland Mitigation Site Part F.Project Organization Technical Proposal(RFP#16-20190301) TECHNICAL APPROACH AND RESTORATION PLAN TIGER FALLS STREAM AND WETLAND MITIGATION SITE CLEVELAND COUNTY, NORTH CAROLINA RFP#16-20190301-FULL DELIVERY PROJECTS TO PROVIDE STREAM AND RIPARIAN WETLAND MITIGATION CREDITS WITHIN CATALOGING UNIT 03050105 OF THE BROAD RIVER BASIN TABLE OF CONTENTS PART G: TECHNICAL APPROACH 1 1.1 Project Goals and Objectives 1 1.2 Project Description 6 1.2.1 Soils 6 1.2.2 Stream Characterization 7 1.2.3 Sediment Model 8 1.2.4 Nutrient Model 8 1.2.5 Site Design and Implementation Constraints 9 1.3 Project Development 10 1.3.1 Stream Restoration 10 1.3.2 Stream Enhancement(Level I) 11 1.3.3 Stream Enhancement (Level II) 11 1.3.4 Stream Preservation 11 1.3.5 Individual Reach Descriptions 11 1.3.6 Wetland Restoration (Reestablishment) 12 1.3.7 Riparian Restoration 13 1.3.8 Fence/Easement Marking 13 1.3.9 Nuisance Species Management 13 1.4 Proposed Mitigation 14 1.5 Current Ownership and Long-term Protection 14 1.6 Project Phasing 15 1.7 Success Criteria 15 1.8 Quality Control 18 1.9 References 20 LIST OF TABLES Table 1. RBRP Goals 1 Table 2A. NC SAM Summary 3 Table 2B. NC WAM Summary 4 Table 2C. Targeted Functions, Goals, Objectives, and Uplift Evaluation 5 Table 3. Project Background Information 6 Table 4. Site Soils 7 Table 5. Essential Morphology Parameters 8 Table 6. BEHI and NBS Modeling Summary 8 Table 7. Threatened and Endangered Species 9 Table 8. Individual Reach Descriptions and Functional Uplift 12 Table 9A. Option 1 Mitigation Activities and Credit Potential Summary 14 Table 9B. Option 2 Mitigation Activities and Credit Potential Summary 14 Table 10. Current Ownership 14 Table 11. Proposed Project Schedule 15 Table 12. Monitoring Schedule 15 Table 13. Success Criteria 16 Table 14. Compatibility of Performance Criteria to Project Goals and Objectives 17 Tiger Falls Stream&Wetland Mitigation Site Table of Contents Technical Proposal(RFP#16-20190301) APPENDICES Appendix A.Figures Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3. Topography and Drainage Area Figure 4. Existing Conditions and Soils Figure 5. Proposed Conditions Appendix B. Stream&Wetland Data NCSAM Forms NCWAM Forms Cross-Sections BEHI &NBS Soil Boring Logs Appendix C. NHP Report Appendix D. Memorandum of Option Agreement Appendix E. Landowner Authorization Form Appendix F. Technical Proposal Score Sheet Tiger Falls Stream&Wetland Mitigation Site Table of Contents Technical Proposal(RFP#16-20190301) PART G: TECHNICAL APPROACH 1.1 Project Goals and Objectives The Site is located within Targeted Local Watershed (TLW) 03050105100010 and a Water Quality, Habitat, and Hydrology Targeted Resource Area (TRA) due to modifications/stressors in the watershed. The Broad River Basin Restoration Priorities (RBRP) report (NCEEP 2009) documents goals for the Broad River Basin. These goals are summarized in Table 1 along with how they will be addressed by project mitigation activities. Table 1. RBRP Goals RBRP Goal Site Objectives Addressing RBRP Goals 1. Restoring 5625 SMUs and 2.68 WMUs 2. Removing Reduce sources of sediment and nutrients by restoring a. 104 tons of sediment/yr riparian buffer vegetation, stabilizing banks, excluding b. 765.6 lbs Nitrogen/yr livestock, and restoring natural geomorphology, c. 63.5 lbs Phosphorus/yr especially headwater streams. d. 7.95x1011 colonies of fecal coliform/day 3. Planting"20 acres of riparian buffer 4. Removing—20 acres of livestock from production. Restore and protect habitat for priority fish, mussel, Restoring or enhancing habitat for numerous species snail, and crayfish species in the basin. on the 2015 Wildlife Action Plan. Cooperate with land trusts and resource agencies to help leverage federal and state grant funding for NA watershed restoration and conservation efforts. Protect high quality habitats, especially those Implementing a conservation easement to preserve prioritized by the Natural Heritage Program as over 2,000 linear feet of high quality aquatic habitat Significant Natural Heritage Areas. and associated forested buffer of the Site's receiving waters(Buffalo Creek). Improve management of stormwater runoff, Implementing BMPs including fencing livestock, controlling both stormwater volume and pollutants, restoring wetlands, installation of marsh treatment and promote low impact development techniques to facilities, and planting native forest vegetation. These lessen impacts of new development. measures are expected to reduce downstream flooding and protect habitat and water quality impairment. Targeted Resource Area Stressor Site Objectives Addressing TRA Stressor • Remove livestock from accessing Site streams and wetlands • Plant woody riparian buffer to provide organic matter and shade Water Quality modifications • Protect riparian buffers with a perpetual conservation easement • Restore jurisdictional wetlands adjacent to Site streams • Stabilize stream banks • Stabilize stream banks and reduce sedimentation of Site streams • Install habitat/grade control structures in the Habitat modifications channel to maintain pool and riffiles • Plant native forest vegetation to allow for biomass to enter Site streams Tiger Falls Mitigation Site page 1 Technical Proposal(RFP#16-20190301) Table 1. RBRP Goals(continued) Targeted Resource Area Stressor Site Objectives Addressing TRA Stressor • Construct new channel at historic floodplain elevation to restore overbank flows • Restore riparian wetlands by reconnecting streams to floodplain • Plant woody riparian buffer • Deep rip floodplain soils to reduce compaction and Hydrological modifications increase soil surface roughness • Protect riparian buffers with a perpetual conservation easement • Construct stable channels with appropriate channel substrate • Stabilize stream banks Site specific mitigation goals and objectives have been developed through the use of North Carolina Stream Assessment Method (NC SAM) and North Carolina Wetland Assessment Method (NC WAM) analyses of existing stream systems at the Site(NC SFAT 2015 and NC WFAT 2010). Site functional assessment data forms are available upon request; model output is included in Appendix B and is summarized in Tables 2A and 2B. Metrics targeted to meet the Site's goals and objectives are depicted in bold. Tiger Falls Mitigation Site page 2 Technical Proposal(RFP#16-20190301) Table 2A. NC SAM Summary NC SAM Function Class Rating Summary UT 1 UT 3 UT 4 Up UT 4 Down UT 5 (1)HYDROLOGY LOW LOW LOW LOW LOW (2) Baseflow MEDIUM MEDIUM MEDIUM MEDIUM HIGH (2)Flood Flow LOW LOW LOW LOW LOW (3)Streamside Area Attenuation MEDIUM MEDIUM MEDIUM MEDIUM LOW (4) Floodplain Access MEDIUM MEDIUM MEDIUM MEDIUM MEDIUM (4)Wooded Riparian Buffer MEDIUM MEDIUM MEDIUM MEDIUM LOW (4) Microtopography NA NA NA NA MEDIUM (3)Stream Stability LOW LOW LOW LOW MEDIUM (4)Channel Stability MEDIUM MEDIUM MEDIUM MEDIUM MEDIUM (4)Sediment Transport LOW LOW LOW LOW HIGH (4)Stream Geomorphology LOW LOW LOW LOW MEDIUM (1)WATER QUALITY LOW 1 LOW LOW • LOW MEDIUM (2) Baseflow MEDIUM MEDIUM MEDIUM MEDIUM HIGH (2)Stream-side Area Vegetation LOW LOW LOW LOW LOW (3)Upland Pollutant Filtration LOW LOW LOW LOW LOW (3)Thermoregulation MEDIUM MEDIUM MEDIUM MEDIUM MEDIUM (2)Indicators of Stressors YES YES YES YES YES (2)Aquatic Life Tolerance LOW LOW LOW LOW HIGH (1) HABITAT MEDIUM MEDIUM MEDIUM MEDIUM MEDIUM (2)In-stream Habitat LOW LOW LOW LOW HIGH (3) Baseflow MEDIUM MEDIUM MEDIUM MEDIUM HIGH (3)Substrate LOW LOW LOW LOW HIGH (3)Stream Stability MEDIUM MEDIUM MEDIUM MEDIUM MEDIUM (3)In-Stream Habitat LOW LOW LOW LOW HIGH (2)Stream-side Habitat HIGH HIGH HIGH HIGH LOW (3)Stream-side Habitat HIGH HIGH HIGH HIGH LOW (3)Thermoregulation MEDIUM MEDIUM MEDIUM MEDIUM MEDIUM OVERALL LOW LOW LOW LOW MEDIUM Based on NC SAM output,two of the three primary stream functional metrics(Hydrology and Water Quality),as well as 15 sub-metrics are under-performing as exhibited by a LOW metric rating(see Figure 4,Appendix A for NC SAM data reaches). LOW performing metrics are to be targeted for functional uplift through mitigation activities, goals and objectives,as well as, monitoring and success criteria. Tiger Falls Mitigation Site page 3 Technical Proposal(RFP#16-20190301) Table 2B. NC WAM Summary NC WAM Sub-function Rating Summary WAM 1 GD1 Disturbed WAM 2 GD 1 Undisturbed Wetland Type Bottomland Hardwood Bottomland Hardwood Forest Forest (1)HYDROLOGY `LOW MEDIUM (2)Surface Storage&Retention LOW MEDIUM (2)Sub-surface Storage and Retention MEDIUM MEDIUM (1)WATER QUALITY LOW4111. MEDIUM (2) Pathogen change MEDIUM MEDIUM (2)Particulate Change LOW MEDIUM (2)Soluble change MEDIUM MEDIUM (2) Physical Change LOW LOW (1)HABITAT LOW MEDIUM (2)Physical Structure LOW LOW (2) Landscape Patch Structure HIGH HIGH (2)Vegetative Composition MEDIUM HIGH OVERALL V LOW MEDIUM Based on NC WAM output, all three of the primary wetland functional metrics (Hydrology, Water Quality, and Habitat), as well as 4 sub-metrics are under-performing as exhibited by a LOW metric rating. LOW performing metrics are to be targeted for functional uplift through mitigation activities, goals and objectives, as well as, monitoring and success criteria. Stream and wetland metrics targeted for functional uplift,tied to defined Site-specific project goals and objectives are presented in the following table. Tiger Falls Mitigation Site page 4 Technical Proposal(RFP#16-20190301) Table 2C. Targeted Functions,Goals,Objectives,and Uplift Evaluation Targeted Functions Goals Objectives DMS Functional Uplift Evaluations Identified Functional Stressor(Uplift Potential) (1) HYDROLOGY(This Site is in a Hydrology TRA) (2) Flood Flow • Construct new channel at historic floodplain elevation to restore overbank flows (3)Streamside Area Attenuation • Minimize downstream flooding to the maximum extent • Plant woody riparian buffer possible. • Deep rip floodplain soils to reduce compaction and increase soil surface • Peak Flows (restore overbank flooding, surface water and (4)Wooded Riparian Buffer roughness subsurface water storage, increase frictional resistance to Wetland Surface Storage and Retention • Protect riparian buffers with a perpetual conservation easement floodwaters) • Artificial Barriers(upgrade a perched culvert to allow for aquatic (3)Stream Stability • Construct channels with proper pattern, dimension,and longitudinal profile life passage) • Remove livestock from the property • Ditching/Draining (Removing ditched and/or incised streams (4)Sediment Transport • Increase stream stability within the Site so that channels • Construct stable channels with appropriate substrate within the floodplain) are neither aggrading nor degrading. • Upgrade piped channel crossings (4)Stream Geomorphology • Plant woody riparian buffer • Stabilize stream banks (1)WATER QUALITY(A portion of this Site is in a Water Quality TRA) (2)Streamside Area Vegetation • Remove agricultural livestock and reduce agricultural land/inputs • Non-functioning Riparian Buffer/Wetland Vegetation (restoring • Install marsh treatment areas (3) Upland Pollutant Filtration or enhancing^20 acres of riparian buffer) • Plant woody riparian buffer • Sediment (removing 104 tons per year of sediment from bank (2) Indicators of Stressors • •Remove direct nutrient and pollutant inputs from the • Restore/enhance jurisdictional wetlands adjacent to Site streams erosion) Wetland Particulate Change Site and reduce contributions to downstream waters. • Provide surface roughness and reduce compaction through deep • Nutrients (removing 765.6 lbs N/year and 63.5 lbs P/year) ripping/plowing. • Fecal Coliform (removing 7.95x10 it colonies of fecal (2)Aquatic Life Tolerance • Restore overbank flooding by constructing channels at historic floodplain coliform/day) Wetland Physical Change elevation. (1) HABITAT(This Site is in a Habitat TRA) (2) In stream Habitat • Construct stable channels with appropriate substrate (3)Substrate • Plant woody riparian buffer to provide organic matter and shade • Habitat Fragmentation (upgrade a perched culvert to allow for • Construct new channel at historic floodplain elevation to restore overbank aquatic life passage and reconnecting Site streams to upstream flows headwaters and downstream receivingwaters) (3) In-Stream Habitat • Improve instream and stream-side habitat. • Limited Bedform Diversity (restoring regular, sustained • Protect riparian buffers with a perpetual conservation easement sequence of riffles and pools that do not fill with sediment) (2)Stream side Habitat • Restore/enhance jurisdictional wetlands adjacent to Site streams • Absence of Large Woody Debris (restoring woody debris on (3)Stream-side Habitat • Stabilize stream banks channel banks or in bed) • Install in-stream structures Wetland Physical Structure Tiger Falls Mitigation Site page 5 Technical Proposal(RFP#16-20190301) 1.2 Project Description The Site is located approximately 0.5 mile northwest of Rockdale, 1 mile northeast of Belwood, and immediately east of Highway 18(Figure 1,Appendix A). General project information is included in Table 3. Table 3. Project Background Information Project Information Site Tiger Falls Stream &Wetland Mitigation Site County Cleveland Easement Area 28.6 acres Site Coordinates(latitude& longitude) 35.4920,-81.5119 Site Elevations 929-984 feet Site Streams Buffalo Creek and UTs to Buffalo Creek Physiography&Watershed Information Physiographic Province Piedmont Level IV Ecoregion Southern Outer Piedmont/Northern Inner Piedmont (on the border of both) River Basin Broad USGS 14-digit HUC 03050105100010 NCDWR Sub-basin 03-08-05 Targeted Local Watershed Yes LWP, RWP,TRA* No, No,Yes Water Quality Information Stream Index Number 9-53-(1) Best Use Classification WS-III 303d List No Drainage Area&Land Use Information Existing Site Land Use Livestock pasture,forest Site Drainage Area 7.32 square miles(4,684.8 acres) Site Drainage Area Land Use Livestock pasture,forest,sparse residential Site Drainage Area Percentage Impervious Surface <2% *LWP=Local Watershed Plan, RWP=Regional Watershed Plan,TRA=Targeted Resource Area 1.2.1 Soils Based on Web Soil Survey mapping (USDA 2019), the Site contains the soil series outlined in Table 4. Existing wetlands and drained hydric soils were mapped by a licensed soil scientist(NC LSS#1233)on June 12, 2019 as soils of the Wehadkee series(Figure 4,Appendix A);a soil boring log is included in Appendix B. Tiger Falls Mitigation Site page 6 Technical Proposal(RFP#16-20190301) Table 4. Site Soils Map Unit Map Unit Name Hydric Description Symbol (Classification) Status Non-hydric, This series consists of somewhat poorly drained soils found on ChA Chewacla loam may contain Piedmont and Coastal Plain river valleys. The parent material (Fluvaquentic Dystrudepts) hydric is alluvium. Depth to the seasonal high-water table is 6 to 18 inclusions inches. This series consists of very deep, well-drained soils found in Pacolet sandy clay loam interfluves and side slopes. The parent material is residuum PaC2 Non-hydric weathered from felsic high grade metamorphic or igneous (Typic Kanhapludults) rock. Depth to the seasonal high-water table is more than 6 feet. This series consists of moderately to very deep, well-drained PsC2 and Pacolet—Saw complex soils found in interfluves and side slopes. The parent material PtD (Typic Kanhapludults) Non-hydric is residuum weathered from felsic high grade metamorphic or igneous rock. Depth to the seasonal high-water table is more than 6 feet. This series consists of moderately deep to shallow, well- Saw—Wake complex drained to excessively drained soils found in interfluves and SaC (Typic Kanhapludults)and Non-hydric side slopes. The parent material is residuum weathered from (Lithic Udorthents) felsic igneous rock. Depth to the seasonal high-water table is more than 6 feet. This series consists of very deep, well-drained soils found in Toccoa loam planar to slightly convex slopes. The parent material is ToA Non-hydric alluvium derived from felsic high grade metamorphic or (Typic Udifluvents) igneous rock. Depth to the seasonal high-water table is 2.5 to 5 feet. Wehadkee loam This series consists of very deep,poorly to very poorly drained WeA (Fluvaquentic Endoaquepts) Hydric soils found floodplains. The parent material is alluvium. Depth to the seasonal high-water table is 0.5 to 1.0 foot. 1.2.2 Stream Characterization Table 5 summarizes morphology parameters existing at the Site as well as preliminary estimates of stable stream attributes based upon regional curves for the Piedmont region of North Carolina (Harmen et al. 1999). Reference reaches presented within the table are likely to be used during detailed planning. Tiger Falls Mitigation Site page 7 Technical Proposal(RFP#16-20190301) Table 5. Essential Morphology Parameters Existing Proposed* Parameter XS-1 XS-2 XS-1 XS-2 (UT-1) (UT-4) (UT-1) (UT-4) Valley Width (ft) 100 100 100 100 Contributing Drainage Area (sq. mi.) 0.18 0.39 0.18 0.39 Discharge(dfs) 25.8 45.1 25.8 45.1 Channel/Reach Classification G-type F-type C/E-type C/E-type Bankfull Cross-sectional Area (ft2) 6.7 11.3 6.7 11.3 Existing Cross-sectional Area (ft2) 79.2 47 6.7 11.3 Bankfull Width (ft) 8.9 12.6 7.0 9.5 Bankfull Depth (ft) 0.8 0.9 1.0 1.2 Maximum Depth (ft) 1.1 1.5 1.3 1.6 Low Bank Height(ft) 5.8 3.6 1.3 1.6 Flood Prone Area (ft) 14.5 19 100 100 Width/Depth Ratio 11.8 14 7.3 7.9 Bank Height Ratio 5.3 2.4 1.0 1.0 Entrenchment Ratio 1.6 1.5 14.3 10.5 Sinuosity 1.15 1.15 1.15 1.15 Substrate 1 Gravel Cobble/gravel Cobble/gravel Cobble/gravel *Preliminary estimates of stable stream attributes are based primarily upon regional curves for the Piedmont region of North Carolina(Harmen et al.1999). 1.2.3 Sediment Model Sediment load modeling was performed using methodologies outlined in A Practical Method of Computing Streambank Erosion Rate (Rosgen 2009) along with Estimating Sediment Loads using the Bank Assessment of Non- point Sources Consequences of Sediment (Rosgen 2011). These models provide a quantitative prediction of streambank erosions by calculating Bank Erosion Hazard Index (BEHI) and Near-Bank Stress (NBS) along each Site reach. The resulting BEHI and NBS values are then compared to streambank erodibility graphs prepared for North Carolina by the NC Stream Restoration Institute and NC Sea Grant. Streambank characteristics involve measurements of bank height, angles, materials, presence of layers, rooting depth, rooting density, and percent of the bank protected by rocks, logs, roots, or vegetation. Site reaches have been measured for each BEHI and NBS characteristic and predicted lateral erosion rate, height, and length to calculate a cubic volume of sediment contributed by the reach each year. Data forms for the analysis are available upon request and the data output is presented in Appendix B. Results of the model are presented in Table 6. Table 6. BEHI and NBS Modeling Summary Stream Reach Proposed Mitigation Treatment Predicted Sediment Contribution(tons/year) i UT 1 Restoration, Enhancement(Level I),and Preservation 51.6 UT 2 Enhancement(Levels I and II) 5.7 UT 3 Restoration 8.3 UT 4 Enhancement(Levels I and II) and Preservation 15.9 UT 5 Restoration and Enhancement(Levels I and II) 22.6 Total Sediment Contribution(tons/year) 104.1 1.2.4 Nutrient Model Tiger Falls Mitigation Site page 8 Technical Proposal(RFP#16-20190301) Nutrient modeling was conducted using a method developed by North Carolina Division of Mitigation Services (NCDMS) (NCDMS 2016) to determine nutrient and fecal coliform reductions from exclusion of livestock from the buffer. The equation for nutrient reduction for this model includes the following: TN reduction (Ibs/yr)=51.04(Ibs/ac/yr)x Area (ac) TP reduction (Ibs/yr)=4.23 (Ibs/ac/yr)x Area (ac) Where: TN—total nitrogen; TP—total phosphorus; and Area—total area of restored riparian buffers inside of livestock exclusion fences. Equations for fecal coliform reduction for this model include the following. Fecal coliform reduction (col)=2.2 x 1011(col/AU/day)x AU x 0.085 Where: Col-quantities of Fecal Coliform bacteria AU-animal unit(1000 lbs of livestock) Assuming approximately 15 acres of the Site will have livestock removed and stocking rates include approximately 25 cows residing on the farm,the NC DMS analysis calculates approximately 765.6 lbs/yr of nitrogen, 63.5 lbs/yr of phosphorus,and 7.95 x 1011 col of fecal coliform/day will be reduced due to exclusion of livestock from the easement area. 1.2.5 Site Design and Implementation Constraints No known Site constraints, that may hinder proposed mitigation activities, were identified during field surveys. Potential constraints reviewed include the following. Threatened&Endangered Species Listed federally protected species are listed are summarized in Table 7 along with potential habitat and a preliminary biological conclusion for each (USFWS 2018). Table 7. Threatened and Endangered Species Common Name Federal Habitat at Biological (Scientific Name) Status Site Conclusion Summary Northern long-eared bat (See Northern long eared Threatened Yes No Effect (Myotis septentrionalis) information below) Dwarf-flowered heartleaf Threatened Yes Unresolved Habitat exists in or near the (Hexastylis naniflora) project boundaries. Northern Long-Eared Bat A review of the United States Fish and Wildlife Service (USFWS)Asheville Ecological Services Field Office web page (https://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html)on June 21,2019 indicates that the Site watershed has no confirmed hibernation or maternity sites for this species. Further coordination with the USFWS will occur throughout the project in support of this species; however,at this time no additional surveys are expected for the Northern Long Eared Bat. Tiger Falls Mitigation Site page 9 Technical Proposal(RFP#16-20190301) Dwarf-flowered heardleaf Dwarf-flowered heartleaf grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads,and along the slopes of nearby hillsides and ravines. Habitat for this species exists on within the project area and will be surveyed for during the optimal survey window of March through May. Cultural Resources Field visits were conducted at the Site in June and July 2019 and no structures or other features that may be eligible for inclusion on the National Register of Historic Places were identified within proposed easement boundaries; however,coordination with State Historic Preservation Office will occur prior to construction activities to determine if any significant cultural resources are present. North Carolina Natural Heritage Elements A query of the North Carolina Natural Heritage Program (NCNHP) database indicates there are no records for rare species,important natural communities, natural areas,or conservation/managed areas within the proposed project boundary. Within a one-mile radius of the Site, NCNHP lists one federally-protected species (Appendix C). FEMA Inspection of the FEMA Flood Insurance Rate Maps 3710264400K,Panel 2644,effective February 20,2008,indicates that Buffalo Creek and its floodplain are located within a Zone AE flood area. Therefore, a "Conditional Letter of Map Revision" (CLOMR) may be required for this Site. Utilities A powerline crosses UT 4 in a perpendicular manner in the upper preservation reaches and should not pose a hindrance to Site development. Air Transport Facilities No air transport facilities are located within 5 miles of the Site. The nearest airport is Northbrook international Ultraport located 5.36 miles to the southeast of the Site boundaries. 1.3 Project Development 1.3.1 Stream Restoration Stream restoration efforts are designed to restore a stable stream that approximates hydrodynamics, stream geometry, and local microtopography relative to reference conditions. Restoration at the Site will be Priority I restoration;therefore, bankfull elevations will be raised to meet the adjacent valley floodplain elevation. Stream restoration is expected to entail 1)channel excavation, 2)channel stabilization, 3)channel diversion,and 4) channel backfill. In-stream Structures In-stream structures will be used for grade control,habitat,and to elevate local water surface profiles in the channel, flattening the water energy slope or gradient and directing stream energy into the center of the channel and away from banks. The structures will consist of log cross-vanes or log j-hook vanes; however, at the discretion of the Engineer, rock cross-vanes or rock j-hook vanes may be substituted if dictated by field conditions. In addition,the structures will be placed in relatively straight reaches to provide secondary(perpendicular)flow cells during bankfull events. Piped Channel Crossing Landowner constraints will necessitate the installation of three piped channel crossings within breaks in the easement to allow access to portions of the property isolated by stream restoration activities Figure 5(Appendix A). The crossings will be constructed with suitable sized pipes to allow for stormwater flows, with adjacent floodplain pipes to allow for overflow discharge onto the floodplain. Materials will include hydraulically stable rip-rap or suitable rock. The crossings will be large enough to handle anticipated vehicular traffic. Approach grades to the crossings will be at an approximate 10:1 slope and constructed of hard, scour-resistant crushed rock or other permeable material,which is free of fines. Tiger Falls Mitigation Site page 10 Technical Proposal(RFP#16-20190301) 1.3.2 Stream Enhancement(Level I) Stream enhancement (level I) will entail restoration of stream dimension, installation of habitat and grade control structures, easement markers, and planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream. 1.3.3 Stream Enhancement(Level II) Stream enhancement(level II)will entail installation of easement markers and planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream. 1.3.4 Stream Preservation Stream preservation will occur on Buffalo Creek,the downstream reach of UT1,and a small upstream reach of UT 4. These reaches are characterized by channels with mature riparian vegetation,good channel bed substrate,and little bank erosion. The reaches are not frequently accessed by livestock and are included in the project for site continuity and to protect these reaches from future impacts. 1.3.5 Individual Reach Descriptions Mitigation activities for each individual stream reach and anticipated functional uplift are summarized in Table 8. Tiger Falls Mitigation Site page 11 Technical Proposal(RFP#16-20190301) Table 8. Individual Reach Descriptions and Functional Uplift Individual Mitigation Activities Functional Uplift Provided for Identified Reach Stressors UT-1 • Tie into upstream property boundary and begin to elevate the • Non-functioning riparian buffer/wetland stream bed with grade control/habitat structures and contour vegetation channel banks to the appropriate dimension. • Sediment • Upgrade perched culvert and tie channel to higher elevation. • Nutrients • Restore channel in place using a combination of Priority(P)1 and P2 • Fecal Coliform techniques until the channel is at the appropriate elevation to use • Peak Flows P1 stream restoration. • Artificial Barriers • Remove livestock from the property. • Ditching/Draining • Plant a vegetative buffer within the entire floodplain. • Habitat Fragmentation • Tie into downstream,preservation reaches prior to converging with • Limited Bedform Diversity Buffalo Creek. • Absence of Large Woody Debris UT-2 • Fence livestock and plant the upper reaches prior to initiation of • Sediment channel work. • Nutrients • Begin to elevate the stream bed with grade control/habitat • Fecal Coliform structure and contour the channel banks to the appropriate • Peak Flows dimension. • Ditching/Draining • Tie into UT 1 at the appropriate elevation. • Limited Bedform Diversity • Remove livestock from the property. • Absence of Large Woody Debris • Plant a vegetative buffer within the entire floodplain. UT-3 • Move the channel across the floodplain using Priority 1 stream • Non-functioning riparian buffer/wetland restoration on new location. vegetation • Tie the channel to UT 1 in a natural location. • Nutrients • Remove livestock from the property. • Fecal Coliform • Plant a vegetative buffer within the entire floodplain. • Limited Bedform Diversity • Absence of Large Woody Debris UT-4 • Enhance (Level II) wooded portions of the stream by fencing • Non-functioning riparian buffer/wetland livestock, treating invasive species, conducting minor bank vegetation stabilization,and planting with forest vegetation. • Sediment • Preserving portions of stream that connect enhancement reaches. • Nutrients • Enhance(Level I)portions of the stream by installing habitat/grade • Fecal Coliform control structures, excavate channel to proper dimension, install • Peak Flows cobble material,and restore wetlands adjacent to the channel. • Ditching/Draining • Restore the lower reaches of stream through Priority 1 excavation • Habitat Fragmentation of a channel on new location and tie the channel into Buffalo Creek. • Limited Bedform Diversity These reaches were dredged and straightened in the past to drain . Absence of Large Woody Debris wetlands. UT-5 • Enhance (Level II) wooded portions of the stream by fencing • Sediment livestock, treating invasive species, conducting minor bank • Nutrients stabilization,and planting with forest vegetation. • Fecal Coliform • Enhance(Level I)portions of the stream by installing habitat/grade • Peak Flows control structures and excavate channel to proper dimension. • Ditching/Draining • Restore the lower reaches of stream through Priority 1 excavation • Limited Bedform Diversity of a channel on new location and tie the channel into UT 4. • Absence of Large Woody Debris Buffalo Cr • Preserve the entire length of the channel. • Habitat Fragmentation 1.3.6 Wetland Restoration(Reestablishment) Alternatives for wetland reestablishment are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by stream dredging, drain tile installation, vegetative clearing, agriculture plowing, and other land disturbances associated with land use management. Wetland reestablishment options should focus on the restoration of vegetative communities, restoration of stream Tiger Falls Mitigation Site page 12 Technical Proposal(RFP#16-20190301) corridors and historic groundwater tables, and the reestablishment of soil structure and microtopographic variations. In addition,the construction of(or provisions for)surface water storage depressions (ephemeral pools) will also add an important component to groundwater restoration activities. These activities will result in the reestablishment/rehabilitation/enhancement of approximately 3.4 acres of jurisdictional riparian riverine wetlands. 1.3.7 Riparian Restoration Restoration of floodplain forest allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds,amphibians, and other wildlife. Revegetating floodplains will provide overall system stability,shade,and wildlife habitat. In addition,viable riparian communities will improve system biogeochemical function by filtering pollutants from overland and shallow subsurface flows and providing organic materials to adjacent stream channels. Variations in vegetative planting will occur based on topography and hydrologic condition of soils. Vegetative species composition will be based on Reference Forest Ecosystems(RFEs),site-specific features,and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include: 1) Piedmont/Low Mountain Alluvial Forest,2) Dry-Mesic Oak-Hickory Forest,and 3)Streamside Assemblage. Bare-root seedlings within the Piedmont/Low Mountain Alluvial Forest and Dry-Mesic Oak-Hickory Forest will be planted at a density of approximately 680 stems per acre on 8-foot centers,and in the stream-side assemblage at a density of approximately 2720 stems per acre on 4-foot centers. Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Potential species planted within the Site may include the following. Piedmont/Low Mountain Alluvial Forest Dry-Mesic Oak-Hickory Forest 1. Sycamore(Platanus occidentalis) 1. White oak(Quercus alba) 2. American elm (Ulmus americana) 2. Northern red oak(Quercus rubra) 3. Hackberry(Celtis laevigata) 3. Pignut hickory(Carya glabra) 4. Green ash (Fraxinus pennsylvanica) 4. Mockernut hickory(Carya alba/tomentosa) 5. Shagbark hickory(Carya ovata) 5. Black gum (Nyssa sylvatica var.sylvatica) 6. Willow oak(Quercus phellos) 6. Flowering dogwood (Corpus florida) 7. Shumard oak(Quercus shumardii) 7. Eastern red cedar(Juniperus virginiana) 8. River birch (Betula nigra) 8. Persimmon (Diospyros virginiana) 9. Silky dogwood (Corn us amomum) 9. Ironwood (Carpinus caroliniana) 10. Pawpaw(Asimina triloba) Stream-Side Assemblage 1. Black willow(Salix nigra) 2. Tag alder(Alnus serrulata) 3. Buttonbush (Cephalanthus occidentalis) 1.3.8 Fence/Easement Marking The entire easement area will be fenced and/or appropriately marked to identify the easement boundaries per United States Army Corps of Engineers (USACE)and Interagency Review Team (IRT) requirements. Livestock are to be completely removed from the Site. 1.3.9 Nuisance Species Management Beaver, privet, and other potential nuisance species will be monitored over the course of the 7-year monitoring period. Appropriate actions to ameliorate any negative impacts regarding vegetation development and/or water management will occur on an as-needed basis. Tiger Falls Mitigation Site page 13 Technical Proposal(RFP#16-20190301) 1.4 Proposed Mitigation Mitigation outlined in this proposal is designed to provide the following, as calculated in accordance with the requirements stipulated in RFP#16-20190301. The project includes two options for submittal. Option 1 includes all the stream, plus wetland reestablishment, rehabilitation, and enhancement. Table 9A. Option 1 Mitigation Activities and Credit Potential Summary Stream Mitigation Type Type Linear Feet Mitigation SMUs Ratio Restoration Priority I 3392 1:1 3392 Enhancement Level I 1584 1.5:1 1056 Enhancement Level II 2261 2.5:1 904 Preservation -- 2726 10:1 273 Totals 9963 linear feet 5625 SMUs Wetland Mitigation Type Type Acreage Mitigation Riparian Riverine WMU Ratio Reestablishment Riparian Riverine 1.9 1:1 1.9 Rehabilitation Riparian Riverine 0.2 1.5:1 0.13 Enhancement Riparian Riverine 1.3 2:1 0.65 Totals 3.4 acres 2.68 WMUs Option 2 includes all the stream, plus wetland reestablishment and rehabilitation. Table 9B. Option 2 Mitigation Activities and Credit Potential Summary Stream Mitigation Type Type Linear Feet Mitigation SMUs Ratio Restoration Priority I 3392 1:1 3392 Enhancement Level I 1584 1.5:1 1056 Enhancement Level II 2261 2.5:1 904 Preservation -- 2726 10:1 273 Totals 9963 linear feet 5625 SMUs Wetland Mitigation Type Type Acreage Mitigation Riparian Riverine WMU Ratio Reestablishment Riparian Riverine 1.9 1:1 1.9 Rehabilitation Riparian Riverine 0.2 1.5:1 0.13 Enhancement Riparian Riverine 1.3 -- Totals 3.4 acres 2.03 WMUs 1.5 Current Ownership and Long-term Protection Current property ownership and parcel information is as follows: Table 10. Current Ownership Current Property Owner Parcel ID Number Deborah Harwell 2654245071 Restoration Systems has an Agreement for the Purchase and Sale of a Conservation Easement with the property owner that is recorded at the County Register of Deeds(Appendix D). Full copies are these agreements are available upon request. Upon approval of the contract, Restoration Systems will place a conservation easement over the subject parcel; such easement will be conveyed to the State of North Carolina. Restoration Systems will remain responsible for project implementation, achievement of success criteria, and management actions. A long-term management plan that in general will include protecting the Site from encroachment,trespass, clearing, and other violations that interfere with conservation purposes will be developed for the Site and incorporated into the mitigation plan. Other activities may be incorporated based on site-specific considerations. Tiger Falls Mitigation Site page 14 Technical Proposal(RFP#16-20190301) 1.6 Project Phasing A tentative project phasing schedule is presented below and commences upon contract execution. Table 11. Proposed Project Schedule Task Project Milestones Months from Contract Execution Task 1 Regulatory Site Visit& Environmental Screening 1.25 Task 2 Submit Recorded Conservation Easement on the Site 5 Task 3 Mitigation Plan (Final Draft)and Financial Assurance 12 Task 4 Mitigation Site Earthwork Complete 18 Task 5 Mitigation Site Planting and Installation of Monitoring Devices 22* Task 6 Baseline Monitoring Report(including As-built Drawings) 22* Task 7 Submit Monitoring Report#1 to NCDMS Dec. after implementation Task 8 Submit Monitoring Report#2 to NCDMS Dec. -2yrs after implementation Task 9 Submit Monitoring Report#3 to NCDMS Dec.-3yrs after implementation Task 10 Submit Monitoring Report#4 to NCDMS Dec.-4yrs after implementation Task 11 Submit Monitoring Report#5 to NCDMS Dec.-5yrs after implementation Task 12 Submit Monitoring Report#6 to NCDMS Dec.-6yrs after implementation Task 13 Submit Monitoring Report#7 to NCDMS and Complete Project Dec.-7yrs after implementation Close-out Process and Spring after submittal of Report#7 _ *Time frame is dependent upon seasonal conditions at completion of Site implementation. 1.7 Success Criteria The following tables summarize the monitoring schedule and success criteria for this project, which follow the October 24, 2016 NC Interagency Review Team Wilmington District Stream and Wetland Compensatory Mitigation Update. Table 12. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Streams Wetlands Vegetation Visual Assessment Report Submittal Tiger Falls Mitigation Site page 15 Technical Proposal(RFP#16-20190301) Table 13. Success Criteria Streams • All streams must maintain an Ordinary High-Water Mark(OHWM), per RGL 05-05. • Continuous surface flow in each tributary should occur each year for at least 30 consecutive days. • Bank height ratio(BHR)cannot exceed 1.2 at any measured cross-section over the monitoring period. • Entrenchment ratio(ER) must be no less than 2.2 at any measured riffle cross-section over the monitoring period. • BHR and ER at any measure riffle cross-section should not change by more than 10%from baseline condition during the monitoring period. • The stream project shall remain stable and all other performance standards shall be met through four separate bankfull events, occurring in separate years, during the monitoring years 1-7. Wetland Hydrology • Saturation or inundation within the upper 12 inches of the soil surface for,at a minimum, 12 percent of the growing season, during average climatic conditions Vegetation • Within planted portions of the Site,a minimum of 320 stems per acre must be present at year 3; a minimum of 260 stems per acre must be present at year 5; and a minimum of 210 stems per acre must be present at year 7. • In the Piedmont counties,trees must average 7 feet in height at year 5,and 10 feet in height at year 7 in each plot. • Planted and volunteer stems are counted, provided they are included in the approved planting list for the Site; natural recruits not on the planting list may be considered by the IRT on a case-by-case basis. • Any single species can only account for up to 50%of the required number of stems within any vegetation plot. Tiger Falls Mitigation Site page 16 Technical Proposal(RFP#16-20190301) Table 14. Compatibility of Performance Criteria to Project Goals and Objectives Goals Objectives Success Criteria ' (1)HYDROLOGY • Construct new channel at historic floodplain elevation to restore • BHR not to exceed 1.2 over the monitoring period overbank flows • Document four overbank events in separate monitoring years • Minimize downstream flooding to • Plant woody riparian buffer • Attain Wetland Hydrology Success Criteria the maximum extent possible. • Deep rip floodplain soils to reduce compaction and increase soil • Attain Vegetation Success Criteria surface roughness • Conservation Easement recorded • Protect riparian buffers with a perpetual conservation easement • Construct channels with proper pattern, dimension, and • Cross-section measurements indicate a stable channel with longitudinal profile appropriate substrate • Increase stream stability within the • Remove livestock from the property • Visual documentation of stable channels and structures Site so that channels are neither • Construct stable channels with appropriate substrate • BHR not to exceed 1.2 over the monitoring period aggrading nor degrading. • Upgrade piped channel crossings • ER no less than 2.2 over the monitoring period • Plant woody riparian buffer • <10%change in BHR and ER over the monitoring period • Stabilize stream banks • Attain Vegetation Success Criteria (1)WATER QUALITY • Remove agricultural livestock and reduce agricultural land/inputs • Install marsh treatment areas • Remove direct nutrient and • Plant woody riparian buffer • BHR not to exceed 1.2 over the monitoring period pollutant inputs from the Site and • Restore/enhance jurisdictional wetlands adjacent to Site streams • Document four overbank events in separate monitoring years reduce contributions to • Provide surface roughness and reduce compaction through deep • Attain Wetland Hydrology Success Criteria downstream waters. ripping/plowing. • Attain Vegetation Success Criteria • Restore overbank flooding by constructing channels at historic floodplain elevation. (1)HABITAT • Cross-section measurement indicate a stable channel with • Construct stable channels with appropriate substrate appropriate substrate • Plant woody riparian buffer to provide organic matter and shade • Visual documentation of stable channels and in stream • Construct new channel at historic floodplain elevation to restore • Improve instream and stream-side overbank flows structures. • BHR not to exceed 1.2 over the monitoring period habitat. • Protect riparian buffers with a perpetual conservation easement • Document four overbank events in separate monitoring years • Restore/enhance jurisdictional wetlands adjacent to Site streams • Attain Wetland Hydrology Success Criteria • Stabilize stream banks • Attain Vegetation Success Criteria • Install in stream structures • Conservation Easement recorded Tiger Falls Mitigation Site page 17 Technical Proposal(RFP#16-20190301) 1.8 Quality Control Our core business at RS is full-delivery ecosystem restoration (usually within the context of compensatory mitigation);as such,our projects are repeatedly scrutinized,and more importantly,our compensation is tied directly to project quality. Thus, quality assurance and quality control (QA/QC) are of the utmost importance to our compensation and reputation. The RS QA/QC program is made up of a broad range of measures, both general and specific, to ensure that all deliverables submitted to the contracting organization meet projected schedules, follow appropriate formats, and comply with applicable laws, regulations,and permits. General Measures: - Staff Qualifications—RS employs personnel who are trained and/or experienced in varied specific aspects of environmental restoration. Examples include regulatory affairs, permitting, design, geomorphology, chemistry, biology,soils,Geographic Informational Systems(GIS), invasive species management. - Field Training—Staff members attend periodic workshops for training in pertinent topics to improve and/or maintain necessary skills related to stream/wetland design and construction. Restoration Systems periodically holds internal workshops and field study days lead by experienced staff members to ensure that the team of Project Managers is up-to-date on current practices and technology. Staff members have also attended stream and wetland restoration workshops, including those held by North Carolina State University's Stream Restoration Institute(SRI),focusing on proper procedures related to stream restoration practices. - Internal Experience-Office staff members periodically attend workshops lead by professional organizations in order to remain current on best practices. All projects are backed by a support team. Senior level professionals are consulted at all times to successfully guide the process from start to finish. Specific Measures: - Project Implementation -The core of RS's project implementation QA/QC program utilizes points of task changeover within the restoration process. Procedural verification steps at each of these changeover points provide opportunities for control and correction, minimizing waste while ensuring a project meets its objectives. - Quality Control-Ecosystem restoration projects o Site evaluation ■ identify and document site constraints that will affect restoration objectives,design,and construction o Design evaluation ■ verify design meets objectives and is practicable given construction constraints and site- specific conditions o Construction plan evaluation ■ ensure construction plan is consistent with permit conditions and efficiently implements design (i.e., limits number of phases) o Construction environmental and permit compliance ■ routine inspection of construction activities to ensure environmental compliance and that all work is performed according to specifications and limitations of acquired permits o Design and construction reconciliation ■ reconcile construction drawings with implementation routinely, especially before transitioning between construction phases o Construction drawing and as-built reconciliation ■ verify the accuracy of as-built drawings and reconcile with construction drawings, noting deviations and their explanations o Site close out ■ confirm planting was performed with appropriate species composition and density Tiger Falls Mitigation Site page 18 Technical Proposal(RFP#16-20190301) ■ check that all excess construction materials have been removed and all features/structures are in a completed condition - Assignment of specific tasks and responsibilities—Specific tasks that occur throughout the life of a project are assigned to specific individuals who are trained and/or experienced to perform that task. All arrangements are overseen by senior management. Project implementation QA/QC program is a collaborative effort between the Project Manager (PM) and Construction Manager(CM). Either the project manager or the construction manager(or both)will be on-site during construction hours to ensure environmental compliance and the appropriate implementation of the project's design. - Deliverable Preparation—a series of measures are taken in the preparation of deliverables to ensure each product meets the expectations of the customer in a timely manner. o Checklists and Templates—RS staff has developed internal guidelines,checklists and templates for the preparation of all deliverables to ensure compliance with appropriate requirements and schedules. Checklists are created to ensure that all required paperwork is included when assembling submittal packages and for easy delegation of workflow. o Peer Review of Documents — All submitted deliverables are reviewed by several qualified individuals. Once a document has been generated internally or received from an assigned consultant, it is entered into a three-round process of internal review. It is first reviewed by staff members with experience in editing, and then the document is passed on to staff members with specific expertise in a given area to further ensure accuracy. Finally, where applicable, maps and diagrams are reviewed by an experienced GIS Manager for accuracy. Once all comments have been made,the document is edited and distributed for a final round of review by staff members and the assigned Project Manager before packaging. o Project Managers' Meetings—All managers meet weekly to update company management on the status of each project, including the projected future timeline of tasks. o Project Coordination and Tracking — Restoration Systems' Project Manager and Construction Manager utilize appropriate computer software to produce a Gantt chart for each project. These charts graphically display the schedule for each project and are used to identify potential delays, overload points, and other issues related to schedules. Each chart is reviewed weekly at the Project Managers' meeting. Tiger Falls Mitigation Site page 19 Technical Proposal(RFP#16-20190301) 1.9 References Griffith,G.E.,J.M.Omernik,J.A.Comstock,M.P.Schafale,W.H. McNab, D.R. Lenat,T.F. MacPherson,J.B.Glover,and V.B.Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S.Geological Survey, Reston,Virginia. Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O'Hara, A. Jessup, R. Everhart. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C.State University, Raleigh, North Carolina. Lee, M.T., R.K. Peet,S.D. Roberts, and T.R.Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation. Version 4.2. North Carolina Department of Environment and Natural Resources,Ecosystem Enhancement Program. Raleigh, North Carolina. Leopold, L.B. 1994. A View of the River. Harvard University Press. Cambridge, MA. 298 pp. North Carolina Division of Mitigation Services(NCDMS). 2016. Quantifying Benefits to Water Quality from Livestock Exclusion and Riparian Buffer Establishment for Stream Restoration. June 15, 2016. North Carolina Department of Environmental Quality, Raleigh, North Carolina. North Carolina Department of Environmental Quality(NCDEQ). 2018a. Final 2016 Category 5 Assessments-303(d) List(online).Available: https://fi les.nc.gov/ncdeq/W ater%20Qua l ity/Pla n n i ng/TM DL/303d/2016/2016_N C_Category_5_303d_l ist.pdf (June 18, 2019). North Carolina Department of Environmental Quality (NCDEQ). 2018b. Draft 2018 North Carolina 303(d) List (online).Available: https://files.nc.gov/ncdeq/Water%20Qua lity/Planning/TM DL/303d/2018/2018-DRAFT-NC-303-d--ListwCover.pdf (June 18, 2019). North Carolina Division of Water Resources (NCDWR). 2013. River Basin Classification Schedule: Broad (online). Available: https://files.nc.gov/ncdeq/Water%20Quality/Planning/CSU/Surface%20Water/River%20Basin%20Water%20Qualit y%20Classifications%20as%20of%20Dec%209%202013/Broad Hydroorder.pdf(June 18,2019). North Carolina Ecosystem Enhancement Program (NCEEP). 2009. Broad River Basin Restoration Priorities (online). Available: https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed Planning/Broad River Basin/Broad RBRP 2009 fin al.pdf(June 18, 2019). North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method (NC SAM) User Manual.Version 2.1. North Carolina Wetland Functional Assessment Team (NC WFAT) 2010. N.C. Wetland Assessment Method (NC WAM) User Manual.Version 4.1. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology(Publisher). Pagosa Springs,Colorado Rosgen, D. 2009. A Practical Method of Computing Streambank Erosion Rate (online). Available: http://www.u-s- c.org/html/documents/Erosionrates.pdf. Rosgen, D. 2011. Estimating Sediment Loads using the Bank Assessment of Non-point source Consequences of Sediment (BANCS). Watershed Assessment of River Stability and Sediment Supply (WARSSS). Hagerstown, Maryland. Tiger Falls Mitigation Site page 20 Technical Proposal(RFP#16-20190301) Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, North Carolina Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Army Corps of Engineers (USACE). 2016. Wilmington District Stream and Wetland Compensatory Mitigation Update. United States Department of Agriculture (USDA). 2017. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx [December 19,2018]. United States Fish and Wildlife Service(USFWS). 2018. Endangered Species,Threatened Species,Federal Species of Concern, and Candidate Species, Cleveland County, North Carolina (online, updatd June 27, 2018). Available: https://www.fws.gov/raleigh/species/cntylist/cleveland.html [June 18, 2019]. Tiger Falls Mitigation Site page 21 Technical Proposal(RFP#16-20190301) APPENDIX A FIGURES Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3. Topography and Drainage Area Figure 4. Existing Conditions and Soils Figure 5. Proposed Conditions Tiger Falls Mitigation Site Appendices Technical Proposal(RFP#16-20190301) IN _i. ..;., ,..._--- '4- L.....-7,--,oct '---....,:i._-:„... ........._ , -"-. , . -P 0 _x--•:1 ---3, Ct.._ • - _ _ . ,.•----• \ ,, I liVi :• i • -„,.--- -.. :t - -- 0 -I CO-..°.-.7.':/".-- , • _.,),11116,111! Ve -- .--\... :;-..--,c:-;77::::N . : ' (1 ' 41 ' .'•••• 1. ‘)(11 ' ' : • i111111i/14kWA.V4.iiI1ftl Leffi1a1a ' +1:.:7.?;.'' .a . } ! IkxiO Env ronmenlsl.Inc, :7.1T74aVaVlLe1- 1�t10 _ °�• StPeLers`Csrrr ✓°a° :: : 1o...,. N,_......"_,.. _ -�7 Prepared for: _._ / ... . ...: .,, -1:::: : ' . .. ,.__. _- vis, ...... 4, ; � f- _ _ ' Ill`` �(� ( 1 r G. ' `' - - _. ''-. ,. f'. ,,,,p l/ 1 0 ,. . --_ , 1 r� +� J RESTORATION 1 ` ., ti. ` { 4. . ' 4 r SYSTt,MS I I_I,C Copyright:©2013 National Geographic s I'• • cr•••-,? ., . .-• r ,` 1 0� � Society, i-cubed _ _ / : . _ - •�. • .` _ I - ! --. Project: t r - `11 -� . Car." f— _76-g7- ( i -- �`'`" `ti'*'!„...,..- . - ,,,f _,,- ,,, ,-- --- - . TIGER FALLS ri Iv "' ' _ i:::: - MITIGATION SITE % a �:� ',,' ��O -�• qil. 4� �t weed �..4c ti:� � tit r '�' ra 4 �. 4.1-C'S..L...::: a r IidB �'• I ; wri -_ ',Y; . ... �.: [',C t' 'OM Cleveland County, NC i �=• t • Title: .....„ 1 ,. ,... y r,1 • ` { ,ei it � T . . ti-., I ' • 1- }1111"1 � �, a IA t7 0 SITE :r ', •r t- - --_ _ - - 5� .�_. 4 • ` LOCATION . ,., . ,i, _747;1- 7 • pr100*7, • • i ': I ,,,7,.. „ . ,/,. I , . . . ' . N.oekdaie :_L-1 ---- . '''... - .N' .'�,, � i , ,,„-i" P•7 '1r : 1 .. L 4 , . 04 _ . ,. • —t, .4, i• ' a , , . ._�►'ale Road-- , ./. G _ 4 - • ,.._ i .. fir, f I .Q.,414.: , r - mew ::-_-. ,.��- , a Drawn b -, . .xri. - � 477: •7 . ,,.• ..... .. M _ _.,...„,_ :°°:.- Date: . . ,. c��. r Legend , .,.., 0, .. lr:i :: - ,.,. :.' •i 01 4 -. . ..,... , 7,411 . _ Tiger Falls Easement=28.6 ac JUL 2019 opyarrai *' :� e Scale: KRJ t f, `� tt ff. � - NCDOT Roads t 1:20,000 •10- , �'' � i '�,"•. � � � ��� . � � Project No.: 1\ ' 4Aikiiii ,f '• 14,,, ' --• `A � • USGS 7.5 Minute Topographic Map (Lawndale, 19-001.05 mit.% F iii ��,Lr�. 1, y - 'o, N Cherryville, Banoak, and Casar, NC Quads) -iiirea,,,. -7,' .I, r _f.3, t • X, Directions to the Site from Raleigh: 1 FIGURE i ' ._, 2� - Head west on I-40 for 165 miles } -� T. �` rS r -;.I ) --_ a...: d * - Take Exit 123A to merge onto US-321 South ;„ `'. 1''it i o.r.,,:t- I • �• t' L. - After 0.9 miles,take exit 42 to merge onto NC-127 South A '. Iv 'e� - After 5.7 miles,turn right onto NC-10 West 1 ' 4-\-,��` 4 Cherry�ville, — S!ibsiatipn - After 10 miles, stay left to merge onto NC-18 South/West ' \--- --- -- - ,'� . ! -- H �, - The site is on the left after 4.4 miles. i= ;_ Gopynght©201Nat onal Ge'Iograp" hi .-y, "° -_ — - Site Latitude Longitude 35.4920 --81.5119(WGS84) ' illill � `- • � � Society;i=cu.ed'��• •, i• , , _off % l,, t_i _ __ - x_ it.arani�Fa+,, �� ; Farmer Cry �l 0. FAL 1.---.1::.--A l G6hea '4 L:- .'� 4. _ :- .. + ]a,er ::!411! 9111111• g. •A Y , �.. Omani z„ PIP f .:. i.,7 40/410 �� ` MO � • AAorgan[on _ �.�• - � .''Yy t .. ¢ f�"�'.?,y "' a Y ValQe se.. �} .tip n s Springs FlICI{QRV RC' .� i �1 aster R. t-�! - r^ 1 ® a Y/ ,..'��ivaM .: , I 5 ' . a ____..... 6.. r11ea"erv,[le �� f / Hebp •+- �._� ._- _ y illiillr Ilk �I �� �L _ Ira co Axon Efrviron+6efli81.InC• err S rk_ r ■ f e • r,on. „ ?. f• V ��y r { � ,4 d .-1 ,r ► 1 :ske• ` 1 He Prepared for: F. -� + Rr.ge[�eat -• • 04t -' ,_ ...... ' / • ll-e•r f ,r 4P' (( - Y ~ ' f 'Black Mountai. buzzard 11"-. � - \=- - vGleod 4,.:.1..1.-,(1i-f_,-'. RcuB[ /}„arm�, .+,.• a sidle —/Ean r. -f� J Z7 �` _ j '��•' - J~V;Z - Icco6Fc•.- ✓,T '. Location of Tiger Falls Mitigation ti . .;`' • :.�' _ ', � Site within USGS Hydrologic _ � � 'T;4 I' '-. r- Unit and Targeted Local SYSTEMSRESTORATION ®�,�, ; � ' . l _ Watershed 03050105100010 . L'.�' �.. _ ._ r .4 y F.i"lew r Val. ,� Project: m er' .w�- " sk ne �. t agar E�`0 \it 11) 1 ' Gen on .Ilmg Mills ....<\.._ . .leper. --'t-�, Bearw911a1•r Shumart �m - } ® TIGER FALLS kfountain e a' Ye ?; . °^ MITIGATION SITE • 1EVILLE? h_ J/1 's'Y Fir[c hei _�,_..Y 4 Chwnney RockIV 0 fa� ` ..ram. r ! !- Lame. [ 1 ® u `+- MI 40 }l` NC��-�, • •1�rlk� :-Itv: Naples Polk a azi � - -1 �y Jam- , \. 1 h1so o�r,n tie Cleveland County, NC Illkr} ,� ` „val. ( Title: f- _-wse shoe ,'\ r r . _. E•:.ah Hendersonville ~ Fore St 41. la-- - s `` Y "� HYDROLOGIC f. rell �llii so,rg -_ _ ', •'.�Eas rat Ranh t r o _-� � - A --.Illo eabaro� UNIT MAP AV:. A.J--- n- •Ca � GCE litto 4 — ..k, -rn fi .• .Cdum6us LL .... r zi[[oniaNe riew �9 Ivya - a.ling 9pnnq s VoLlned in g6 v•.er ,. 6prribk 4 r- • Hill i ' .� ...Chiral ngs Mountain y Crowpers - j ��� :::: ' n IIIIIIIhr---Erlyrl��411‘11 ;Cedar Mounlaln --. - tic.rT 5shh Pat ki&c' ,< ~-+ - . G^ JUL 2019 • • �� �. L� • .w _ Scale: �'! �.�. , �R... Finparvilh 1:370,000 R r 'CA' �.pao llo {- _a ;e,yProject No.: Legend ,,, t... , 19-001.05 �.Grarnleng - I. I— 1 Tiger Falls Easement = 28.6 ac ) 1 r�• _r {ffi USGS Hydrologic Unit 03050105 Q� \l�nan t �, `, • FIGURE 14 Digit Hydrologic Unit Boundaries 4#/ofipt.„._.,tir- # i''ue dr �' ti"' : �r•,r a Targeted Local Watersheds „ r r "' �`MD ;� -'"� ' "' 2 _� 'r, 4 •l r C� A fI. t 0 2.5 5 10 15 20 25 _ ' e- � ►d►1- i' �. ''crnmr ;-' Y° Fg �1 . 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L' -.--•:-.R_ ., i_...._, . , ._ i ,.. ,,..---,: '' .-- Project: M r ) I , ".1• ' 'f-'- -. --,...--' :... ,--.. y: ti-,.- . tC .., PeopFes ' . '',72..) . 4 ''.-- /7.1011- (-2.„-:.--•:,\.,.. -['?.2 \'-• ,....,___ '. 7, P ...'5, % .1 .. - . ,,. Ch i ..4, E71-. __ i'.' : . .. , / . ,__.\ ',11 • ---)ik .-, -.'' ' -.. . ....-=-. '7 _kr ( .. ...„ '. ) . '' .. .... , TIGER FALLS .. , .., ,„. . ......7,..•• - - t-"--- ,jit, .1 • e.%,. - " :iiiiitif . ir • ;•',., • k•-• .. ,,,, , g,-,.:-_._ mi„, . _ .. i ,:_7,...-,---.. .F., . \ ( MITIGATION SITE t.., ....,,. ..„ . ? ,• .-i.-r-• r...-, ..-.,1 chi,,,r.-0 -1„. -, ,. „... .-••.-J * 4 --•; 1.• , ... -- ' r • , •"' ,fn•;._i - L'' .0L-1,• I).. 1"•• *it . , . • - ..1 ..1 •t ,P- ''I e- '.- .' i ; ''-' ' Z ''k' ...-,-' (- - . . t-- - 1- . - ." • 4- ) ., ...%• ..-r:-/.,1.1 \ , .. N'i.',...01: '. -- ,,,/,-;<' ' -- . 1 .-e-t ' . .---,.-2-4 , t- 4 (- ' 4 '' ft Nsi I, .- .• • - . 4-_'.i. lir‘.. .... •' -.: ,- .f,:-,,, , , - .) . . . i , , '') -. ,• . 4? '. ' .'.- - 1 • • F--- 1 0.'!. •=1 12.•' - ,.- - '---- - - • 1 i` ..-___ i•1 - , • , f- • . , t Cleveland County, NC ' ,.',- • .,. p--, • .,.-..-,,,,• ,, .r. .,. .." •g4, .., ='..• .. ' ,1 4 - , .,,, ..-;, .- , . . , _ ._, . litLo , f - ' ' • .. ,. -•''''. • ...V% '- 'V -,.. 44.2..-;•• • ' : '''' '''' - . ' . A ,,,.. _ •. 40yr . , ,.... ., , ,.... . _r_ _,,i L. --1, - -----4 ir 1•':.1. ...•. -•! ; • . -.•`ttr,.; . '. :."-,---..- •Of{ .-.-......• ;:;. . - at -• ' _tl''. ,I 7-- . •-i.... • -••••<1.... . •- „,,, .,;....:.:e .i.-- /..: 1 k 2 . : ' s•-•'-' . • ,\44 : '' : . --,.e ilm-r. \' '• ' . ' • ,, , ...., i-'- ' _ - .i•. ,_...• • ,t . Title: ,-.i. .0 • ,-:- , .,-. .. .. . ... . , • ,. _. - ..,_ 'Ill _ ( . , -..,..1;•. ...-.:1.----,,. • - \(\. Nr- -, a ,t,. .4 •••-$ 1r , N.: pC .4,,, ,, • A) - ' '44' ' ; - k ,--...r›:\... W.). ') ' ' 't -- jk.')....)L-i . TOPOGRAPHY . ,...,. ..,., . • - • - -t; i , .,- \ - .. I,-.11.N • I •, ._.- _ ., -._. • WO.. _,.._•'..- ''.' -:.-' - ''' .. . 1.2 k (.., . .1.--./:::.•' •ty ••••••• `rt.-'. N I '1 ' ' -\ AND . ' \ .• --- ••- -- ..,:..- ,..)-- . %,.-_.-. -, ._.-.. .4 .,_ ..., • ., • ..„-. leor. , ..., . . u . ,.. ., ii -- '\ .. .. • Legend =Tiger Falls Easement=28.6 ac ' i 1.i .. -X-- • A --.--- : \ , .' r - • .. .. . .. , ,.. , , . _ ... :._ _ , • . _i DRAINAGE AREA -- _ ••••;:-, I. •-•' . -. : . '10 \• • =I Buffalo Creek Drainage Area=7.32 sq mi(4,685 ac) i \,,..• ., , .;......,;-„ _A ,,s..,..4- • '.. 4:. .-.,z)lj • • , .-'.. r..' 7 .. ---'--'. =.Jr- .- - 1(10' - - Itii.." ,,.•--//,------- • F I \-1- UT-1 Drainage Area=0.30 sq mi(191.0 ac) / - ?" ' - . .• ,--- : '- • - ', a - - ' ,., •... --.. _.0 ,.-'• t. . ... , \ .fr ./ % I . . -,---...:.fr ;- 1 . i . ••••••• ..........- , ilk . ' • - , )1 • • 451r.'1/4 • - UT-2 Drainage Area=0.06 sq mi(37.2 ac) •ir",.. ' ,.. _ -41,:,.-_,. .., ‘ .4!\ t.1,•••I'l _ji,..ei,,...0,, ,,,, UT-3 Drainage Area=0.05 sq mi(32.1 ac) / - • .12, .,2--.r,.• - ?.• --- '.-."-----'4, .:-al Drawn by: ..,,, ,,„. ., • '••1...-'.-f .,....? -- • •re..13--9.:,it . '1 ' /c.5--,c,...- --:- 'ICi.:4''-i.•)' ''''''' L'7-'..- ... •N ..- ; , -1,•...•-•- - ..,,,- , . ;Fla ,. //, UT-5 Drainage Area=0.29 sq mi(187.6 ac) - • i _ '-•-\- ..,--...d.r. ..._ .- 1 7 A \ :--- . . •-' -'')I 6k_...-•_,---• .., ,. r ."- --..%.S -. ' Date: - - -- -.•• - I..,.., -•-0- .. --- ...,--- .P.._•roar,- - ,--4. , .`"•-•--44 . --•••„. 11'' . JUL 2019 • . _ .. . ,••• filitl, ,..4 liDt ... • / ', •:- ; ''-' .• ...c,----.:e- -1-1'. ' Scale: ii, ••,-----. flu ,...:. - r .‘, . • . li. . .7.e .. ..„,..••;bp.. 6: ,, .... I 71. '-'S..---,_. -. • . ---'4 .0 . _ '- , • 1 ..--- • i IIV I i'L - " i. • Willir--' ' "I. ' ,#4;04...itial - •-•*'') • .• • •1 • . •..._-_.• t-Sir . , _ ,......, -._, • -'.-.---- '''''' I.. 1 r--; .------ ._. _,. 1,.. . - i --\.i - \ •0. .. , _4, . -.7\ . . .. •1.-, . . , • . _ _ , . , 11 -, .., 1r 01 `r- FIGURE : _ : ••• .. „.........., .77., ,\ ',......, ‘.... .. , . .. . L ....,.,-....., L'• ' - -..-- . \0-4 - . • -- ' --V.:. • --,..... - -., •N ?..\_.s.. , .„.. N.- ••• 1-- ,,..1 . • ..R... .. . ••••-, . *4 ... .. ..,,, -a • '---) ,. , ' .. -4... - .‘. - st,....'., ,, . _-:.„_______ ..N...../ I 7,'...,•:, i” - -••.' ', .. . --......./ - - . , 4.4 __..... . . - ..,... - 1 . • p . ..,! • • . 1 --'1-V4 . / ' - ' ' 1%‘!k .: Ir`rk;••-'.-PRI' , ...„,_ • ..2 -4. . •1p. - - - , L. - i •C'••••• / • 1.... - I .F• •,. •' II•kt_Tfl/' 3 ,. L-- ' --. N , - 1 !.. . \I '''.- - ,..'-•- • .:- , • .A. -.: ' .•" .;1' .. FR -2,7 .• - . - ---• /. -r, . 4 i '," \. - 0 2,500 5,000 10 000 15,000 - - ., • . . ,..'.; -- A •- 1.• •. . vr / •• Jges ..'•-,=,_ - -4Feet GEXPIn . - . - ,.- - . W , I i_ Copfright:©2013 Na.t io-nai l._Geographic 8ociety, i-cubed . t -,. ' - 7 Soil Map Unit Soil Series Hydric Status N Legend ` . ChA Chewacla loam Class B • 0 Easement= 28.6 ac PaC2 Pacolet sand cla loam Nonh dric Existing Streams = 10,480 ft PsC2 and PtD Pacolet-Saw com.lex Nonh dric ' Existing Wetlands = 1.6 ac SaC Saw-Wake comilex Nonh dric : Drained Hydric Soils = 0.8 ac •' Q ToA Toccoa loam Nonh dric WeA Wehadkee loam Class A ill 11111- Cross Sections "a NCWAM Form Locations { Axiom Envronmenial,Pnc, Nir * NCSAM Form Locations G3 \ 10117 Prepared for: * NCDWR Form Locations NCSAM Form #4 Soil Profile Locations Score: LOW �rj Gl Powerline __ EIS +lam..: • c�1 r Y' NRCS Soil Boundaries 1 _ IV ? .', . 1 , I r 9980 Cross Section 2 N. RESTORATION J 97.5 ~ - _ -,. .. Rag SYSTEMS I LLC i _ 7, _ 97.0 DA=0.39 s g m i - -v. ' .. C 96.5 Abkf=11.3 sq ft _ Aexisting=a7sg ft NCSAM Form #5 Project: . 96.0 Wbkf=12.6 ft - 95.5 Dbkf=0.9ft t Er Score: MEDIUM Abkf Dmax=1.5 ft ` *--, 95.0 Wbkf/Dbkf=14 \- ' T11i ' � i 94.5 FENT=19.5t 410 '' . `l ilk 94.0 L HR 324t TIGER FALLS r } i`4 93.0 Ftype MITIGATION SITE `' e' _r 0 5 10 15 20 25 30 1 n L^Ii 1 Is y . _ • XS-2 Cleveland County, NC NCWAM Form #1 ;'`k 1111111F NCDWR Form #1 11t . , , Score: LOW Title: `- ' Score: 33 Pact f5 NCSAM Form #3 C. - ft, Score: LOW F --: ,. A r ,,�' EXISTING -A ' G� B " • w " � / to , ` NCWAM Form #2 ' ' - CONDITIONS 1 \� 111 Score: MEDIUM - 4 - AND SOILS • I ‘� *", PtD GO /�� NCSAM Form #1 l v��1 Score: LOW I ' / ^ • G Drawn by: u KRJ XS-1 ~ �.' NCSAM Form #2 • Date: Score: LOW ..1 JUL 2019 -` * � a •'''� Scale: 10o.0 - N. ap` :'' 1:3700 99.0 Cross Section 1 •. _ �' z Project No.: 19-001.05 DA=0.18 sgmi '� u. • 97.0 Abkf=6.7 sq ft I - " 6 �• •f'Y" Aexisting=79.2 sq ft 96.0 _ Wbkf=8.9 ft - Dbkf=0.8 ft Dmax=1.1 ft POD 95.0 Wbkf/Dbkf=11.8 CCeek FIGURE Abkf FPA=14.5 ft J Pefffi 94.0 ENT=1.6 �•` a`O / PtD 93.0 -11116000 LBH=5.8 ft M BHR=5.3 - G-type ) 4 92.0 _ 0 5 10 15 20 25 30 0 250 500 1,000 1,500 (---- I Feet G N. IPucec2_, PtD +•.�.aa.vr�� �� a •� \ _ _- �� =1.�1 �.�_% �.' �.. f . ... Legend „� 1\,• ,_-�� I 0 Easement = 28.6 ac �� -‹.-- _-� :; . �..._ .1) ( f �� • Stream Restoration = 3392 ft • �, - �. ‘ .-Li9 Stream Enhancement (Level I) - 1584 ft � -,f____-._ � f�i I =7.... ':....,,,H:„...:). '.Stream Enhancement Level II 2261 ft �_ a a Stream Preservation - 2726 ft i I �� 11�0+11I1 I ' .. ��' �r/i/ �, F,,. Wetland Reestablishment = 1.9 ac i ` _ —_ ,1, 1t , , , ( 1 7.i,, ' 1' . +xam Envronmenlai,Inc, Wetland Rehabilitation =0.2 ac -Fence livestock " -, _ i''1�1 i, �' 1 l� p Treat invasive species \ ` �� 31$ , L- . ,t .rl'l,., . Prepared for: Wetland Enhancement = 1.3 ac 1 . ; --_ ."-- , / l Powerline Plant �, • r 2-foot Contours -- f . r RS . -•-- f 4 I w�/` Fence livestock `- ^Y� �--- -�' ♦ ��� -Conduct minor bank stabilization = _ 4 /-.Al .` . Treat invasive species ! II { 1 -.. RESTORATION _ `, J I I r , �'l�'`l\ j, �� _ Plant 1 ] SYSTEMS:LLC . --._ -- /' _ _ ..---".----- -, Preserve channel to connect reaches l `.-': t• �/ .� _ Project: -------------_-7-7-. ._..- --_____./ , cr (-- _---- - ------._ \\.\ -Treat invasive species �.. ,'M 11 , 1 V . ....:... ---� � �. , f Step up with structures - I I�=,... • Contour channel banksZ • ERFALLS -P1 stream restoration on new location ����:� .: , Fence livestock MITIGATION SITE Stepupwith structures -Fence livestock -Fence livestock i ��� 1 Plant , ii \.�`\ r 1�� ` -Contour channel banks Plant Conduct minor bank stabilization - - •tl -Fence livestock Treat invasive species + • , t,_ r` --- 1�, Plant �1 ` �T"? r '- ▪ �_Plant �� ,1l� I + ��. � �� 'r j -- _ l r + • i Cleveland County, NC -� -, ' } 1le P 1/P2 stream restoration in backfilled y --= __ r< \° - --or relict channel including structures bench, Title: -_fir= Jr f� Step up with structures F' 4 and channel construction. _ -_�, _ ilk. ' -Reh drate drained h dric soils - . �� �� Upgrade perched culvert " 'i �� , y y N -Fence livestock ,. _� • -Contour channel banks . ` �. :______ f 1 -Treat invasive species -� I'� _ Plant Plant PROPOSED ;� • � ��::e - �fiii =. \ '' CONDITIONS ,:___:::: ...///zi... 1, -------:-` \ s\;•:!,11, ------:•------7>N4 ) I , ..-\ '. M1%,. �,. - y' , 71:-/P. 1 :I-ream' restoration in relict stream channel \ � 1 �' • +� t .1 -Rehydrate drained hydric soils �� f:{III 1 � '1.: � �N Fence livestock = • .;. '....1%-•'. '1".•! ll i " '+h Drawn by: �� 11 �.� KRJ ', �: 7:„.:,......'-:-: ��.�_- -__�-� `�.� = Treat mvaslve species 11 � ��.��, �....: iI ` �:-.1,::\T":1------- Plant TTI11 �,�\: �firry -�- � �` •: ��� {[fr�JJl�� � � ��. Date: —rir ":_a). r � - --`:.�-. - '�� � � { if � lir' � � � � JUL 2019 \(..._ _.±—..., =_,l .1 � F, `. _, . y• ;�� I . f ' �!!.� y� 4�j / ., ' Scale: /I \--7' \', • ,,�` `�` \c„... . .�~ -- ^--� ��:. �� }� Project No.: 9// Ste u with structures ____"-. ,1 , \.__ ... . , ' _. Oa M ! "+ "' :: p p / �-� ♦�� � �'s`=t_2.t,.--___ _ ,/4 .. 19-001.05 -Contour channel banks ' ' ' . - _ ; a7*=: �l^� � Fence livestock I� ;,n I �' -- �� -. ./ ` ',, Plant . Fence livestock pl/P2 stream restoration in backfilled F'' i`� ���`" "fir'• • t! ii 1 ,'ek /' . -Plant �� k � I :_ FIGURE relict channel including structures,bench,, � �.. r� C,C'6 % - " 1 , I. , f� �` and channel construction. �, {caw % /� � �� l i1� k; i / ! Fence livestock ' _ - — ; Preserve channel to connect reaches • -Treat invasive species 1 • — I 1 S . i' 1 ' r _ 5 >/ , I - I . • �' Plant ! �' Treat invasive species -- N -- ' 7 / , ((* ..,-/-, ., -,,i i ? --, --- -. / , ,- -/- '..,------,---- ----------- ----:_------ ,--,/,-- - .„- / ( \ .._ --\\ \\_, , • 0 250 500 1,000 1,500 _ _ ` (,:i � ���` Feet ir . ,- ��- . \•�� ) 1 , , :`f ^_�- _ . ,I; NCGIA f APPENDIX B STREAM&WETLAND DATA NCSAM Forms NCWAM Forms NCDWR Form Cross Sections BEHI &NBS Soil Boring Logs Tiger Falls Mitigation Site Appendices Technical Proposal(RFP#16-20190301) Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Tiger Falls SAM 1 -UT3 Date of Assessment 7/2/2019 Stream Category Pb1 Assessor Name/Organization AXE/Jernigan Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations(Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type(perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2)Baseflow MEDIUM (2) Flood Flow LOW (3)Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4)Wooded Riparian Buffer MEDIUM (4)Microtopography NA (3)Stream Stability LOW (4)Channel Stability MEDIUM (4)Sediment Transport LOW (4)Stream Geomorphology LOW (2)Stream/Intertidal Zone Interaction NA (2)Longitudinal Tidal Flow NA (2)Tidal Marsh Stream Stability NA (3)Tidal Marsh Channel Stability NA (3)Tidal Marsh Stream Geomorphology NA (1)Water Quality LOW (2)Baseflow MEDIUM (2)Streamside Area Vegetation LOW (3)Upland Pollutant Filtration LOW (3)Thermoregulation MEDIUM (2) Indicators of Stressors YES (2)Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In-stream Habitat LOW (3)Baseflow MEDIUM (3)Substrate LOW (3)Stream Stability MEDIUM (3) In-stream Habitat LOW (2)Stream-side Habitat HIGH (3)Stream-side Habitat HIGH (3)Thermoregulation MEDIUM (2)Tidal Marsh In-stream Habitat NA (3)Flow Restriction NA (3)Tidal Marsh Stream Stability NA (4)Tidal Marsh Channel Stability NA (4)Tidal Marsh Stream Geomorphology NA (3)Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall LOW Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Tiger Falls SAM 2- UT1 Date of Assessment 7/2/2019 Stream Category Pb1 Assessor Name/Organization AXE/Jernigan Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations(Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type(perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2)Baseflow MEDIUM (2) Flood Flow LOW (3)Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4)Wooded Riparian Buffer MEDIUM (4)Microtopography NA (3)Stream Stability LOW (4)Channel Stability MEDIUM (4)Sediment Transport LOW (4)Stream Geomorphology LOW (2)Stream/Intertidal Zone Interaction NA (2)Longitudinal Tidal Flow NA (2)Tidal Marsh Stream Stability NA (3)Tidal Marsh Channel Stability NA (3)Tidal Marsh Stream Geomorphology NA (1)Water Quality LOW (2)Baseflow MEDIUM (2)Streamside Area Vegetation LOW (3)Upland Pollutant Filtration LOW (3)Thermoregulation MEDIUM (2) Indicators of Stressors YES (2)Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In-stream Habitat LOW (3)Baseflow MEDIUM (3)Substrate LOW (3)Stream Stability MEDIUM (3) In-stream Habitat LOW (2)Stream-side Habitat HIGH (3)Stream-side Habitat HIGH (3)Thermoregulation MEDIUM (2)Tidal Marsh In-stream Habitat NA (3)Flow Restriction NA (3)Tidal Marsh Stream Stability NA (4)Tidal Marsh Channel Stability NA (4)Tidal Marsh Stream Geomorphology NA (3)Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall LOW Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Tiger Falls SAM 3 UT4 Date of Assessment 7/2/2019 Upstream Stream Category Pb1 Assessor Name/Organization AXE/Jernigan Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations(Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type(perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2)Baseflow MEDIUM (2) Flood Flow LOW (3)Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4)Wooded Riparian Buffer MEDIUM (4)Microtopography NA (3)Stream Stability LOW (4)Channel Stability MEDIUM (4)Sediment Transport LOW (4)Stream Geomorphology LOW (2)Stream/Intertidal Zone Interaction NA (2)Longitudinal Tidal Flow NA (2)Tidal Marsh Stream Stability NA (3)Tidal Marsh Channel Stability NA (3)Tidal Marsh Stream Geomorphology NA (1)Water Quality LOW (2)Baseflow MEDIUM (2)Streamside Area Vegetation LOW (3)Upland Pollutant Filtration LOW (3)Thermoregulation MEDIUM (2) Indicators of Stressors YES (2)Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In-stream Habitat LOW (3)Baseflow MEDIUM (3)Substrate LOW (3)Stream Stability MEDIUM (3) In-stream Habitat LOW (2)Stream-side Habitat HIGH (3)Stream-side Habitat HIGH (3)Thermoregulation MEDIUM (2)Tidal Marsh In-stream Habitat NA (3)Flow Restriction NA (3)Tidal Marsh Stream Stability NA (4)Tidal Marsh Channel Stability NA (4)Tidal Marsh Stream Geomorphology NA (3)Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall LOW Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Tiger Falls SAM 4 UT4 Date of Assessment 7/2/2019 Downstream Stream Category Pb1 Assessor Name/Organization AXE/Jernigan Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations(Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type(perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2)Baseflow MEDIUM (2) Flood Flow LOW (3)Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4)Wooded Riparian Buffer MEDIUM (4)Microtopography NA (3)Stream Stability LOW (4)Channel Stability MEDIUM (4)Sediment Transport LOW (4)Stream Geomorphology LOW (2)Stream/Intertidal Zone Interaction NA (2)Longitudinal Tidal Flow NA (2)Tidal Marsh Stream Stability NA (3)Tidal Marsh Channel Stability NA (3)Tidal Marsh Stream Geomorphology NA (1)Water Quality LOW (2)Baseflow MEDIUM (2)Streamside Area Vegetation LOW (3)Upland Pollutant Filtration LOW (3)Thermoregulation MEDIUM (2) Indicators of Stressors YES (2)Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In-stream Habitat LOW (3)Baseflow MEDIUM (3)Substrate LOW (3)Stream Stability MEDIUM (3) In-stream Habitat LOW (2)Stream-side Habitat HIGH (3)Stream-side Habitat HIGH (3)Thermoregulation MEDIUM (2)Tidal Marsh In-stream Habitat NA (3)Flow Restriction NA (3)Tidal Marsh Stream Stability NA (4)Tidal Marsh Channel Stability NA (4)Tidal Marsh Stream Geomorphology NA (3)Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall LOW Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Tiger Falls SAM 5- UT5 Date of Assessment 7/2/2019 Stream Category Pa2 Assessor Name/Organization AXE/Jernigan Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations(Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type(perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2)Baseflow HIGH (2) Flood Flow LOW (3)Streamside Area Attenuation LOW (4) Floodplain Access MEDIUM (4)Wooded Riparian Buffer LOW (4)Microtopography MEDIUM (3)Stream Stability MEDIUM (4)Channel Stability MEDIUM (4)Sediment Transport HIGH (4)Stream Geomorphology MEDIUM (2)Stream/Intertidal Zone Interaction NA (2)Longitudinal Tidal Flow NA (2)Tidal Marsh Stream Stability NA (3)Tidal Marsh Channel Stability NA (3)Tidal Marsh Stream Geomorphology NA (1)Water Quality MEDIUM (2)Baseflow HIGH (2)Streamside Area Vegetation LOW (3)Upland Pollutant Filtration LOW (3)Thermoregulation MEDIUM (2) Indicators of Stressors YES (2)Aquatic Life Tolerance HIGH (2) Intertidal Zone Filtration NA (1) Habitat MEDIUM (2) In-stream Habitat HIGH (3)Baseflow HIGH (3)Substrate HIGH (3)Stream Stability MEDIUM (3) In-stream Habitat HIGH (2)Stream-side Habitat LOW (3)Stream-side Habitat LOW (3)Thermoregulation MEDIUM (2)Tidal Marsh In-stream Habitat NA (3)Flow Restriction NA (3)Tidal Marsh Stream Stability NA (4)Tidal Marsh Channel Stability NA (4)Tidal Marsh Stream Geomorphology NA (3)Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall MEDIUM NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name GD-01 Disturbed Date of Assessment 7/2/2019 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Radecki/Axiom Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) Sub-function Rating Summary Function Sub-function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub-surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Soluble Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition HIGH Vegetation Composition Condition MEDIUM Function Rating Summary Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name GD-01 Disturbed Date of Assessment 7/2/2019 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Radecki/Axiom Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) Sub-function Rating Summary Function Sub-function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub-surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Soluble Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition HIGH Vegetation Composition Condition HIGH Function Rating Summary Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Habitat Condition MEDIUM Overall Wetland Rating MEDIUM • NC Division of Water Quality-Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: fj1 (1Project/Site: c 1.i c�t(5 . t Latitude: 3 s-. 9 c _ LJ f Evaluator: -3-Uini,,,n, County: C,cV4,1a,d Longitude: w 8 ( . ,S-) 1.‘--. Total Points: Stream Determination(circle one) Other t,a vida1 Stream is at least intermittent 33 Ephemeral Intermittent Perennial e.g. Quad Name: if?19 or perennial if a 30* A. Geomorphology (Subtotal = 13•s) i-Absent Weak Moderate Strong la'Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg _ 0 1 F r 3 3. In-channel structure: ex. riffle-pool, step-pool, 0 [ ) 2 3 ripple-pool sequence _ 4. Particle size of stream substrate 0 (1-1) 2 3 5.Active/relict floodplain 0 1 'J 3 6. Depositional bars or benches I 0 2 3 7. Recent alluvial deposits 0 • ) 2 3 8. Headcuts 0 1 4) 3 9.Grade control Q. 0.5 1 1.5� 10. Natural valley 0 0.5 15 11. Second or greater order channel No--10_,) Yes=3 a artificial ditches are not rated;see discussions in manual B. Hydrology (Subtotals I I.s ) i 12. Presence of BaseflowA 0 1 2 ,__33 13. Iron oxidizing bacteria _ . 0 1 • 2D 3 14. Leaf litter t 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 � 1.5 i 17. Soil-based evidence of high water table? No=0 Yes=3 C. Biology (Subtotal = ) 18. Fibrous roots in streambed _ 3 2 1 _ 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos(note diversity and abundance) 2) 1 2 3 21.Aquatic Mollusks C CO 1 2 3 22. Fish 0) 0. 1 1.5 23. Crayfish 0 0.5 1 _ 1.5 24.Amphibians 0� 0.5 1 1.5 25.Algae 0T 0.5 1 1.5 26.Wetland plants in streambed FACW=0.75; OBL= 1.5 Other=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: r.I1,1, .�•. c?r,. if, Some.". 01 �p"A LA,-4%Ccu ev I ,(Lek f. Gbn ;6H.1-r, 4-a F•r rt.n in i K{ -f(ov.J 1 Sketch: 41 ross Section ass Section I Tiger Falls XS 1-UT 1 Riffle-- Tiger Falls XS 2-UT 4 Riffle-- 100 98.5 • 99 984A • ..--.4r/**V7''''''''Ar - -- 967.5 98 97 97 96.5 96 96 ° 95.5 w 95 w 95 94 94 94.5 93 93.5 92 93 I:....;. 0 5 10 15 20 25 30 0 5 10 15 20 25 30 35 Width from River Left to Right(ft) Width from River Left to Right(ft) section:Tiger Falls XS 1-UT 1 section:Tiger Falls XS 2-UT 4 Riffle Riffle description:Tiger Fall XS 1-UT 1 description:Tiger Falls XS 2-UT 4 height of instrument(ft): 100.00 height of instrument(ft): 100.00 omit I distance FS FS FS W fpa channel Manning's I omit distance FS FS FS W fpa channel Manning's notes pt. ft (ft) elevation bankfull top of bank ft) slope % "n" notes pt. (ft) ft elevatio• bankfull top of bank ft slope % 11111- 0 ' 99.48 _ 0 �- 2.39 97.61 4.8 2.71 19.0 Q 98.9 94 98.66 Q 03.4 96.6 95.2 97.29 0 .18 98.82 _ 0 M 4.28 95.72 0 .84 98.16 _ dimensions 0 r 5.12 94.88 dimensions _ 0 ,.76 95.24 _ 6.7 x-section area 0.8 d mean 0 4.86 95.14 11.3 x-section area d mean 0 •.82 94.18 _ 8.9 width 9.7 wet P 0 5.31 94.69 12.6 width 13.6 wet P _ 0 r •.04 93.96 _ 1.1 d max 0.7 hyd radi 0 5.56 94.44 1.5 d max 0.8 hyd radi _ 0 • •.08 92.92 _ 5.8 bank ht 11.8 w/d ratio 0 6.21 93.79 3.6 bank ht 14.0 w/d ratio _ 0 •.14 92.86 _ 14.5 W flood prone area 1.6 ent ratio 0 6.33 93.67 19.0 W flood prone area 1.5 ent ratio 0 • •.08 92.92 _ 0 6.3 93.7 0 •.61 93.39 _ hydraulics _ 0 drau 6.24 93.76 hylics _ 0 •.38 93.62 _ 0.0 velocity(ft/sec) _ 0 6.29 93.71 0.0 velocity(ft/sec) _ 0 r 5.7 94.3 _ 0.0 discharge rate,Q(cfs) 0 6.14 93.86 0.0 discharge rate,Q(cfs) 0 • •.38 94.62 _ 0.00 shear stress((Ibs/ftsq) 0 5.05 94.95 0.00 shear stress((Ibs/ftsq) 0 ,.12 95.88 _ 0.00 shear velocity(ft/sec) 0 2.71 97.29 0.00 shear velocity(ft/sec) 0 r.34 96.66 _ 0.000 unit stream power(lbs/ft/sec) 0 2.37 97.63 0.000 unit stream power(lbs/ft/sec) 0 •.42 97.58 _ 0.00 Froude number 0 2.26 97.74 0.00 Froude number 0 .34 98.66 _ 0.0 friction factor u/u' 0 1.96 98.04 0.0 friction factor u/u' 0 r.96 99.04 OE threshold grain size(mm) 0 &0 threshold grain size(mm) 0 1.92 99.08 - 0 _ 0 ..59 99.41 check from channel material 0 _ check from channel material 0 __ 0 measured D84(mm) 0 0 measured D84(mm) 0 _ 0.0 relative roughness I 0.0 I fric.factor 0 0.0 relative roughness I 0.0 I fric.factor 0 0.000 Manning's n from channel material 0 0.000 Manning's n from channel material U . o Site Tiger Falls Mitigation Site Stream UT1 Bank Length 3850 Observers KRJ Date 2-Jul-19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 180 right Mod Low 0.02 180 5 18.0 2 350 right Low Low 0 170 5 0.0 3 490 right Mod Low 0.02 140 5 14.0 4 750 right High Mod 0.15 260 6 234.0 _5 850 right Mod Low 0.02 100 5 10.0 6 1110 right High Low 0.1 260 4 104.0 7 1280 right Mod Low 0.02 170 3 10.2 8 1435 right High Low 0.1 155 4 62.0 9 1560 right Mod Low 0.02 125 4 10.0 10 1745 right High Low 0.1 185 4 74.0 11 1925 right Low Low 0 180 3 0.0 12 13 180 left Mod Low 0.02 180 5 18.0 14 350 left Low Low 0 170 5 0.0 15 490 left Mod Low 0.02 140 5 14.0 16 750 left High Mod 0.15 260 6 234.0 _ 17 850 left Mod Low 0.02 100 5 10.0 18 1110 left High Low 0.1 260 4 104.0 19 1280 left Mod Low 0.02 170 3 10.2 20 1435 left High Low 0.1 155 4 62.0 21 1560 left Mod Low 0.02 125 4 10.0 22 1745 left High Low 0.1 185 4 74.0 23 1925 left Low Low 0 180 3 0.0 24 Sum erosion sub-totals for each BEHI/NBS Total Erosion(ft3/yr) 1072.4 Divide total erosion(ft3) by 27 Total Erosion(yd/yr) 39.7 Multiply Total erosion(yard3) by 1.3 Total Erosion(tons/yr) 51.6 Erosion per unit length Total Erosion (Tons/yr/ft) 0.013 Site Tiger Falls Mitigation Site Stream UT 2 Bank Length 1130 Observers KRJ Date 2-Jul-19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 205 right Mod Low 0.02 205 6 24.6 2 365 right Low Low 0 160 5 0.0 3 470 right Mod Low 0.02 105 5 10.5 4 565 right Mod Mod 0.05 95 5 23.8 5 6 205 left Mod Low 0.02 205 6 24.6 7 365 left Low Low 0 160 5 0.0 8 470 left Mod Low 0.02 105 5 10.5 9 565 left Mod Mod 0.05 95 5 23.8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub-totals for each BEHI/NBS Total Erosion(ft3/yr) 117.7 Divide total erosion(ft3) by 27 Total Erosion(yd/yr) 4.4 Multiply Total erosion(yard3) by 1.3 Total Erosion(tons/yr) 5.7 Erosion per unit length Total Erosion (Tons/yr/ft) 0.005 Site Tiger Falls Mitigation Site Stream UT 3 Bank Length 1040 Observers KRJ Date 2-Jul-19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 275 right Low Low 0 275 1 0.0 2 420 right Mod Low 0.02 145 2 5.8 3 520 right High High 0.2 100 4 80.0 4 5 275 left Low Low 0 275 1 0.0 6 420 left Mod Low 0.02 145 2 5.8 7 520 left High High 0.2 100 4 80.0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub-totals for each BEHI/NBS Total Erosion (ft3/yr) 171.6 Divide total erosion (ft3) by 27 Total Erosion (yd/yr) 6.4 Multiply Total erosion (yard3) by 1.3 Total Erosion (tons/yr) 8.3 Erosion per unit length Total Erosion (Tons/yr/ft) 0.008 Site Tiger Falls Mitigation Site Stream UT 4 Bank Length 3900 Observers KRJ Date 2-Jul-19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 220 left Low Low 0 220 4 0.0 2 275 left High High 0.2 55 7 77.0 3 1555 left Low Low 0 1280 4 0.0 4 1795 left Mod Low 0.02 240 4 19.2 —5 1825 left High Mod 0.15 30 5 22.5 6 1950 left Mod Low 0.02 125 4 10 7 8 365 right Low Low 0 365 4 0.0 9 405 right High High 0.2 40 7 56.0 10 1000 right Low Low 0 595 4 0.0 11 1060 right High High 0.2 60 7 84.0 12 1255 right Low Low 0 195 4 0.0 13 1305 right High Low 0.1 50 6 30.0 14 1555 right Low Low 0 250 4 0.0 15 1950 right Mod Low 0.02 395 4 31.6 16 17 18 19 20 21 22 23 24 Sum erosion sub-totals for each BEHI/NBS Total Erosion(ft3/yr) 330.3 Divide total erosion(ft3) by 27 Total Erosion(yd/yr) 12.2 Multiply Total erosion(yard3) by 1.3 Total Erosion(tons/yr) 15.9 Erosion per unit length Total Erosion (Tons/yr/ft) 0.004 Site Tiger Falls Mitigation Site Stream UT 5 Bank Length 2550 Observers KRJ Date 2-Jul-19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 555 left Low Low 0 555 3 0.0 2 700 left Mod Low 0.02 145 4 11.6 3 830 left Low Low 0 130 1 0.0 _4 1015 left Mod Low 0.02 185 4 14.8 5 1275 left High High 0.2 260 4 208.0 _6 7 555 right Low Low 0 555 3 0.0 8 700 right Mod Low 0.02 145 4 11.6 9 830 right Low Low 0 130 1 0.0 10 1015 right Mod Low 0.02 185 4 14.8 11 1275 right High High 0.2 260 4 208.0 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub-totals for each BEHI/NBS Total Erosion(ft3/yr) 468.8 Divide total erosion(ft3) by 27 Total Erosion(yd/yr) 17.4 Multiply Total erosion(yard3) by 1.3 Total Erosion(tons/yr) 22.6 Erosion per unit length Total Erosion (Tons/yr/ft) 0.009 BEHI/NBS Summary Erosion Rate Stream Reach _ (tons/year) UT 1 51.6 UT 2 5.7 UT 3 8.3 UT 4 15.9 UT 5 22.6 Total 104.0 AXIOM ENVIRONMENTAL, INC v_ 218 Snow Avenue Raleigh, North Carolina 27603 919-215-1693 SOIL BORING LOG Axiom Environmental, Inc. Date: 7/2/2019 Notes: Location is shown on Project/Site: Tiger Falls Mitigation Site Figure 4. County,State: Cleveland County, NC Sampling Point/ Coordinates: Soil Profile A(35.493240,-81.507645) Investigator: W.Grant Lewis Soil Series: Wehadkee Matrix Mottling Depth(inches) Color % Color % Texture 0-6 10 YR 4/1 45 10 YR 5/6 10 fine sandy loam 10 YR 5/1 45 6-12 10 YR 6/6 70 10 YR 6/8 10 sand 10 YR 5/4 20 12-18 10 YR 6/3 40 10 YR 4/4 20 sand 10 YR 6/1 40 18+ 10 YR 6/4 50 sand 10 YR 5/3 50 North Carolina Licensed Soil Scientist Number: 1233 1 ',' Signature: w - �""' Name/Print: W.Grant Lewis AXIOM ENVIRONMENTAL, INC 218 Snow Avenue Alir Raleigh, North Carolina 27603 919-215-1693 SOIL BORING LOG Axiom Environmental, Inc. Date: 7/2/2019 Notes: Location is shown on Project/Site: Tiger Falls Mitigation Site Figure 4. County,State: Cleveland County, NC Sampling Point/ Coordinates: Soil Profile B(35.493515,-81.507120) Investigator: W. Grant Lewis Soil Series: Wehadkee Matrix Mottling Depth(inches) Color % Color % Texture 0-5 10 YR 3/2 95 10 YR 5/6 5 loam 5-14 10 YR 6/1 90 10 YR 5/6 10 clay 14+ 10 YR 6/3 90 10 YR 6/1 5 clay 10 YR 5/6 5 North Carolina Licensed Soil Scientist Number: 1233 } Signature: w Name/Print: W.Grant Lewis APPENDIX C NHP REPORT Tiger Falls Mitigation Site Appendices Technical Proposal(RFP#16-20190301) ▪ ray Roy Cooper. Governor ■� i NC DEPARTMENT OF Susi Hamilton.Secretary ■■*.•a NATURAL AND CULTURAL RESOURCES ■ s•■ Walter Clark. Director.Land and Water Stewardship NCNHDE-9695 July 17, 2019 Phillip Perkinson Axiom Environmental Inc. 218 Snow Avenue Raleigh, NC 27612 RE: Tiger Falls; 19-001.05 Dear Phillip Perkinson: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES j 1:1 W.JONES STREET,RALEIGI I.NC 27603 1CS1 MAIL SERVICE CENTER,RALEIGH.NC 27699 OFC 919707.9M • FAx 919.7o7.912i Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Tiger Falls Project No. 19-001.05 July 17, 2019 NCNHDE-9695 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name qMPI Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 12037 Rhus michauxii Michaux's Sumac 1917-Pre H 5-Very Endangered Endangered G2G3 S2 Low No Natural Areas are Documented Within a One-mile Radius of the Project Area No Managed Areas are Documented Within a One-mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on July 17,2019: source: NCNHP, Q2 Apr 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-9695: Tiger Falls 4 .., / E •S Own • • • `gam i ;r r • \ - • 411111:0011*,...,- 1411110j ... \ S ‘Eieiwood - 6 <ry 1 Ewa a Rockdale wl.oae a o o- i'0,. W E, S July 17,2019 1:25,699 0 ❑ Project Boundary I 0.2 o.a 0.8 mi I % ' I ' I ❑ Buffered Project Boundary 0 0.35 0.7 1.4 km Sources:Eso,HERE,Garmin.Inlarmap,Increment P Corp,GERCO,USGS, FAO,NPS,NRCAN,GeoGase,IGN,Kadasler NL,Ordnance Survey,Ewi Japan, MET!.Esri China(Hong Fong),()Open5lreewlep cantrtutors,end the GIS User Community Page 3 of 3 APPENDIX D MEMORANDUM OF OPTION AGREEMENT Tiger Falls Mitigation Site Appendices Technical Proposal(RFP#16-20190301) BK 1809 PG 2970 - 2973 (4) DOC# 200037590 This Document eRecorded: 03/25/2020 04:24:21 PM Fee: $26.00 Tax: $0.00 Cleveland County, North Carolina Betsy S. Harnage, Register of Deeds Prepared by John D. I-Iainby NORTH CAROLINA MEMORANDUM OF CONTRACT TO PURCHASE XXXIMASEDMIKW REAL PROPERTY CLEVELAND COUNTY cp4— RESTORATION SYSTEMS,LLC,as"Buyer",and DEBORAH BOGGS HARWELL collectively known as "Seller", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have entered into an Agreement for 1' Apr#, F to De ec _pur c- ° d rti th.„,t --tx_q. ller containing 29.5 ± acres located in Belwood awt.,/ /a'J Townships, Cleveland County, North Carolina, as shown on Exhibit A-1 attached hereto and eaSeMeirr incorporated herein by reference. (a) The provisions set forth in a written Agreement for Purchase and Sale of Real Property dated the Z 5 day of Jprc t 2020, between the parties, are hereby incorporated in this Memorandum by reference. The referenced Agreement has an examination period until September 25th, 2021 from the execution of said Agreement. WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the Z''( day of I4c -cLn 2020. BUYER: RESTORATION SYSTEMS, LLC By: + (SEAL) Name: 'Irr Title: .I Page 1 of 4 Submitted electronically by "Manning Fulton & Skinner, P.A." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Cleveland County Register of Deeds. BK 1809 PG 2971 DOC# 200037590 STATE OF NORTH CAROLINA COUNTY OF Wa I certify that the following person personally appeared before me this day, acknowledging to me that he signed the Iforegoing document: Go,-9 C_ g Wa/�U (Name of Pet`sdn(s)Appearing before Notary) WITNESS my hand and official seal, this Zk day of Marc1 W 2020, otiliiiiiii ®..4.00v CA4,,,y°,i -11,„,:. 7(f,f 1 , .........--,,,, 7 ® z� \-p• 1- Army's Official Signature (Official Scjl) m ,BLS o c,. _ mb�A ,Mby '� , 17.15}�Q, +w* Notary's Printed or Typed Name �",. COut,"C ,,���" My commission expires: 11-15-2( Page 2 of 4 BK 1809 PG 2972 DOC# 200037590 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the Z5 day of MArck 2020. SELLER: DEBORAH BOGGS HARWELL B SEAL) STATE OF NORTH CAROLINA COUNTY OF C ieve l„n I certify that the following persons personally appeared before me this day, each acknowledging to me that he or shesigned the foregoing document: De1:)pra1 {'{"G/Wel// WITNESS my hand and official seal, this 25 day of I'' 4— , 2020. ,�,t1111li'��� A s rAily ,�w Wary's Qf trial Signature ` - Notary's Printed or Typed Name ,��i.�k rr t 5r2® 'C 1�® My commission expires: (1-!5 -2. Page 3 of 4 BK 1809 PG 2973 DOC# 200037590 EXHIBIT"A-1" Map Depicting Conservation Easement(s) Attached to and made a part of that certain Agreement for Purchase and Sale of Conservation Easements dated , 2020, by and between RESTORATION SYSTEMS, LLC ("Buyer")and DEBORAH BOGGS HARWELL("Seller"). Page 4 of 4 APPENDIX E LANDOWNER AUTHORIZATION FORM Tiger Falls Mitigation Site Appendices Technical Proposal(RFP#16-20190301) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1528 Page: 2275 County: Cleveland Parcel ID Number: 2654245071 Street Address: 6000 Fal]ston Rd.Lawndale.NC 28090 Property Owner(please print:— Deborah Harwell The undersigned, registered property owner(s)of the above property,do hereby authorize JD Hamby of Restoration Systems Grant Lewis of Axiom Environmental to take all actions necessary for the evaluation of the property as a potential stream and wetland mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s)Address: (if different from above) DEBORAH BOGGS HARWELL P.O. Box-' l 7 7f 7 7?O.56x .o 9! Myrtle Beach 29572 7ads f pN, /U-c. 2 SO 9 2L Property Owner Telephone Number: 843-458-3300 We hereby certify the above information to be true and accurate to the best of our knowledge. 64-1./Mfae.. (Property Owner Authorized SE�,itature) (0 te7 1 APPENDIX F TECHNICAL PROPOSAL SCORE SHEET Tiger Falls Mitigation Site Appendices Technical Proposal(RFP#16-20190301) Instructions: 1. Immediately save this with your new, desired filename. 2. Fill out all areas highlighted in yellow. 3. Place the letter "x" in appropriate box for multiple choice questions. Technical Proposal Evaluation Criteria 8-digit CU Rating Form Offeror: Restoration Systems, LLC Site Name: Tiger Falls Stream and Wetland Mitigation Site River Basin / Catalog Broad/03050105 Unit: RFP Number: 16-20190301 Date of Site Evaluation: Type/Amt of Option 1 = 5625 SMUs and 2.68 WMUs Mitigation Option 2 - 5625 SMUs and 2.03 WMUs Offered: Proposal Review Committee: Alternate Attendees: Section 1. Minimum Requirements Yes/No or N/A 1-For stream mitigation projects,does the Technical Proposal adequately document the historical presence of stream(s)on the project site, provide the drainage areas(acres)and provide accurate, process-based Yes descriptionsof all project stream reaches and tributaries? 2-For proposals that include wetland mitigation, does the technical proposal adequately document the presence of hydric soil indicators(including soil boring logs prepared by a Licensed Soil Scientist and a map Yes showing soil boring locations and mapped soil series)? 3-For proposals that include wetland mitigation, does the proposed success hydroperiod follow the IRT Guidance for the project site and soil series?If the proposed hydroperiod differs from the IRT guidance, Yes justification must beprovided in the RFP. 4-Does the proposal adequately document the physical,chemical and/or biological impairments that currently exist on the project site? Yes 5-Does DMS agree with the overall mitigation approach (proposed levels of intervention) presented? [The Technical Proposal must demonstrate that the proposed mitigation activities are appropriate for existing site conditions and watershed characteristics(e.g.,adjacent land use/land cover), and are optimized to yield Yes maximum functional gains.] 6-Does DMS agree with the proposed credit structure(s)described in the proposal? Yes 7-Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams? Yes 8-Does the proposal adequately describe how the project will advance DMS watershed planning goals? Yes 9-For any proposed Priority 2 restoration, is P2 justified and/or limited to "tie-ins"? Yes An answer of No in this section means the Technical Proposal is rejected. Continue or Reject? Continue Section 2. Functional Uplift Evaluation Functional Functional Stressor Functional Uplift Potential Planning Identified Stressor Category Complete this section for identified Place an X below if stressor is Check boxes below to functional stressors ONLY. Place an X identified through watershed identify stressors addressed under the option that best describes the planning-only count the MOST by proposal. uplift potential for the majority of the LOCAL plan. project area. Low Mod High Very High TRA RWP LWP Non-functioning X riparian buffer/ X X 4—• wetland vegetation co X Sediment X X X Nutrients X X N 4-1 co X Fecal Coliform X X Other X Peak Flows X X O X Artificial Barriers X X O —0 x Ditching/Draining X X 2 Other X Habitat Fragmentation X X Limited Bedform X 4-1 X Diversity X (6 X Absence of Large X I Woody Debris X Other Total Count Total 2 6 2 0 Count 10 0 0 co c 0 Multiplier c6 - x1 x3 x6 x10 x 2 x4 x6 (16 D C: V) Count x Function Count •0 b.O Multiplier Planning U c p 1 18 12 10 Multiplier 20 0 0 C: c Sum of Function A Sum of B CL 41 Planning 20 Adjusted Risk Factor ❑✓ Only Applicable if this Box is Checked Preservation Total Restoration and Enhancement Total Restoration and Enhancement Feet Risk Adjusted Score and Enhancement Restoration Feet Enhancement feet a c Feet Restoration Feet+��) (Sum of Function X Factor ) Feet 9963 3392 6571 1.49 C 61.1 D Risk Adjusted ScoreD+ PlanningB = Total Function and Planning 81.1 Section 3. General (place an X in the appropriate box) 1pt 3 pts 6 pts 10 pts What percent of the request does the proposed <40% 40-60% 61-99% 100% wetland project provide? (if applicable) X What percent of the request does the proposed < 30% 30-50% 51-75% >75% stream project provide? (if applicable) X >5% 2-5% <2% None Physical constraints or barriers X >12 8-12 0-8 Easement Continuity X >10 8-10 4-8 <4 Project Density X Total General 1 9 6 0 16 Section 4. Final Score and Proposal Rating Total Function and 81.1 E Planning Total General 16 F Final Score (E + F) 97.1 Proposal Rating(Final 0.971 Score x 0.01)