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HomeMy WebLinkAbout20180196 Ver 1_Mitigation Technical Report_20180208WILDLANDS ENGINEERING September 21, 2017 Ms. Kathy Dale NC DEQ -Division of Mitigation Services 217 West Jones Street, Suite 3409-J Raleigh, NC 27603 RE: Wildlands Engineering, Inc. Proposal—Catfish Pond Mitigation Site Neuse River Basin Cataloging Unit 03020201; Durham County, NC In response to RFP 16-007279 — Full Delivery Project Dear Ms. Dale As the authorized representative of Wildlands Engineering, Inc. (Wildlands), I am pleased to present to the NC Division of Mitigation Services (DMS) the following proposal to provide stream mitigation units in the Neuse River Basin (Cataloging Unit 03020201) in response to RFP 16-007279. This proposal is a firm offer from Wildlands and shall remain open for acceptance by the NC Department of Environmental Quality (DEQ) until March 20, 2018, which is 180 days from the closing date of the above -referenced RFP. As a fully licensed engineering firm, Wildlands will serve as the contracting entity and lead designer with Turner Land Surveying, PLLC providing professional surveying services. The key individuals on the Wildlands Team have worked together on numerous projects over multiple years and will operate smoothly as a cohesive unit. Wildlands is committed to creating an excellent ecological restoration project at the Catfish Pond Mitigation Site and is proposing two options on the Site: Option 1 provides 3,621 Stream Mitigation Units (SMUs) or Option 2 provides 3,115 SMUs. Catfish Creek (a tributary to Mountain Creek), two unnamed tributaries to Catfish Creek (UT1 and UT2), and an unnamed tributary to Mountain Creek (Mountain Tributary), have been degraded by cattle access, bank trampling, buffer grazing, and channelization. This project will improve water quality and ecology through stream and habitat restoration and enhancement, resulting in a decrease in nutrient and sediment loads from the project site and improved aquatic and terrestrial habitat onsite. Wildlands' Catfish Pond Mitigation Site submittal includes two signed, original Technical Proposals, five photocopies of the Technical Proposal, two USB flash drives of the Technical Proposal, one USB flash drive of the Project Site boundaries in ArcGIS format, two signed, original Cost Proposals, and two photocopies of the Cost Proposal. All paper contained within this proposal is 100% recycled, 30% post- consumer content. With our diverse, yet unified team we offer the expertise, understanding, and commitment to ensure this project's success. Sincerely, Shawn Wilkerson, President Wildlands Engineering, Inc. (P) 704.332.7754 • (F) 704.332.3306 • 1430 South Mint St, Suite 104 • Charlotte, NC 28203 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ``Nothing Compares. NORTH CAROLINA STATE OF NORTH CAROLINA Request for Proposal # 16-007279 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: 56-0651376 Federal ID Number or Social Security Number Wildlands Engineering, Inc. Vendor Name Ver: 9/30/16 Page 2 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. STATE OF NORTH CAROLINA 1C. Department of Environmental Quality Division of Mitigation Services Refer dl I Inquiries regarding this RFP Request for Proposal # 16.007279 to: Kathy Dale Proposals will be publicly opened: September 21, 2017 @ 2:00 pm Contract Type: Open Market Commodity No, and Description: 962-73 Restoration / Reclamation Services of Land and other Properties Entail: kathv.daleftncdenr.aov TOLL FREE TEL. NO: Using Agency: Division of Mitigation Services Phone: 919-707-8451 Requisition No.: N/A EXECUTION In compliance with this Request for Proposals, 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. VENDOR: Wildlands Engineering, Inc. STREET ADDRESS: P.O. BOX: ZIP: 1430 S. Mint Street Suite 104 n/a 28203 CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: Charlotte, NC 28203 (704) 332-7754 n/a PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): n/a PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OFVENDOR: FAX NUMBER: Shawn D. Wilkerson, President (704) 332-3306 VEN 'S AUTHORIZED SIGNATURE: DATE: EMAIL: 09/21/2017 swilkerson wildlandsen .com Offe lid 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 accepted and Contract awarded this _day of 20_, as indicated on the attached certification, by (Authorized Representative of DEQ). Ver: 9/30/16 Page 3 of 44 Mitigation Services EN V�HUNMEPI I�LOVALIiV ROY COOPER ('11 11".11 MICHAEL S. REGAN S ... rm) , July 25, 2017 THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-007279 RFP TITLE: Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin ADDENDUM NO. 1 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING September 21, 2017 @ 2:00 P.M. DATE/TIME: 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 QUESTIONS & ANSWERS Question #1: The HU 03020201-080020 is shown as a TLW from which mitigation credits are being requested on the map included in the RFP but not listed on the accompanying table. Please confirm if the map or the table is correct. Answer: HUC # 03020201080020 was previously omitted from the table but is included in the map. An amended table is provided in Attachment A of this Addendum. QUESTION #2: As the pre -proposal meeting representative for Restorations Systems, I had one question regarding RFP #16-007279. As I have come to understand in the past, if a site is found outside of a Targeted Local Watershed, but would provide 10,000+ feet of mitigation, the site would still be considered, or scored in an alternate manner. So my question is, is a similar allowance or consideration a part of this RFP as well or is that not the case this round of proposals? Answer: In previous Full Delivery RFPs, DMS has received IRT approval to accept projects located outside of targeted areas. This allowance was only in select basins, and was described in the applicable RFP. DMS did not receive prior approval for such an allowance in this RFP, therefore sites that are submitted must be in TLW as indicated in RFP. QUESTION #3 Section 3.0, question 3 of the Technical Evaluation Scoresheet seems to be cut off in multiple locations. The question is cut off and all four the answer options. Please clarify. Answer: A corrected scoresheet is provided below. RFP 16-007279 Page 1 of 5 QUESTION #4 Section 4.0, question 2 of the Technical Evaluation Scoresheet: the first answer option seems to be cut off. Please clarify. Answer: A corrected scoresheet is provided below. QUESTION #5 Section 2.0 of the Technical Evaluation Scoresheet: Are the Stream SMU focus points the total points from questions 1-4 of Section 2? Answer: Yes. CLARIFICATION 1) The following URL is an interactive map specific for this RFP https•//ncdenr maps arcgis com/apps/webappviewer/index html?id=950079d8flc24306b3fa98el19ead1da 2) Attachment I - Technical Evaluation Scoresheet, page 43 of 44. Section 3, Question 3 previously illegible. See Attachment B for Sections 3 & 4 of scoresheet 3) The RFP states that contractor "must use latest templates, found on DMS website" (Section 2.6). The spreadsheet from the hyperlink has later versions (4/26/15 and 5/5/17) of the conservation easement doe. However, the RFP states to use the 9/4/14 template. Vendors shall use the appropriate conservation easement template as defined in the RFP. Do not use the 9/4/14 template. PLEASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL 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. ® Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. RFP 16-007279 Page 2 of 5 SECTION 3 Execute Addendum: BIDDER: Wldlands Engineering, Inc. ADDRESS (CITY & STATE): 1430&. Mint Street, Suite 104, Charlotte, NC 28203 AUTHORIZED SIGNATURE: 4&� 'b• DATE: 09/21/2017 Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. DELIVERED BY US POSTAL SERVICE (Mail at least 7 business days prior to Bid Closing Date) DELIVERED BY ANY OTHER MEANS (UPS / FEDEX / ETC.) (Suggestion: Request Signature Receipt) SEALED BID SEALED BID RFP 16-007279 RFP 16-007279 NC DEPT ENVIRONMENTAL QUALITY NC DEPT ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-J RALEIGH NC 27699-1652 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, SIGNIGNED AND RETURNED IF REQUIRED. RFP 16-007279 Page 3 of 5 ATTACHMENT A Neuse 03020201 Full Delivery RFP Targeted Watersheds for Cataloging Unit 03020201 HUC# LWP RWP HUC# LWP RWP 03020201010030 No No 03020201100040 No Yes 03020201010050 No No 03020201100050 No Yes 03020201020010 No No 03020201110010 Yes Yes 03020201020020 No No 03020201110020 Yes Yes 03020201020040 No No 03020201110030* No Yes 03020201030030 No No 03020201110040 No Yes 03020201030020 No No 03020201110050 No Yes 03020201030040 No No 03020201110060* No Yes 03020201030050 No No 03020201110070 No Yes 03020201040020 No No 03020201120010 No Yes 03020201050010 Yes No 03020201120020 No Yes 03020201050020 Yes No 03020201120030 No Yes 03020201050030 Yes No 03020201130030 No No 03020201060010 Yes No 03020201140010 No No 03020201060020 No No 03020201150010 No No 03020201065030 No No 03020201150020 No No 03020201065040 No No 03020201150040 No No 03020201070060 No No 03020201150050 No No 03020201070070 No No 03020201160010 No No 03020201070080 No No 03020201180010 No No 03020201070110 No No 03020201180020 Yes Yes 03020201080020 No No 03020201180030* No Yes 03020201090010 No No 03020201180040* No Yes 03020201100010 Yes Yes 03020201180050 Yes Yes 03020201100020 Yes Yes 03020201200030 No No 03020201100030 Yes Yes *Targeted Resource Areas (Habitat) RFP 16-007279 Page 4 of 5 ATTACHMENT B Section 3.0 - Implementation and Risk Module [35 Points Possible) REQUIRED 1 Does the proposed stream project provide Less than 25% of the RFP request (mitigation quantities?)1 point Between 25 - 50% of the RFP request? 2 points Between 51- 90% of the RFP request? 5 points Greater than 90% of the RFP request? 10 points 2 Does the proposed wetland project provide Less than 15% of the RFP request (mitigationquantities?) i point Between 15 - 25% of the RFP request? 2 points Between 26 - 50% of the RFP request? 5 points Greater than 50% of the RFP request? 10 points 3 Physical constraints or barriers (i.e. utilities, culverts, property lines, easements, managed areas, etc.) that affect project design and effectiveness. [Percentages calculated based upon adding total linear footage of crossings, roadways, utilities, or reduced buffer; divided by total linear footage.] X10 %of the total project footage is segmented by crossings, roadways, or utility rights of way. 1 point 5-10 %of the total project footage is segmented by crossings, roadways, or utility rights of way. 5 points < 5% of the total project footage is segmented by crossings, roadways, or utility rights of way. 10 points Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints removes or relocates the constraints or barriers such that the design is not significantly affected by the constraint(s). 15 points Section 4.0 - Provider Experience [15 Points Possible] REQUIRED 1 Similar mitigation projects completed by the Offeror (through at least 3 years of monitoring). Completed less than 5 mitigation projects. 2 points Completed more than 5 mitigation projects. 5 points 2 Experience of Project Team (people actually completing work) Project team contains at least two individuals with mitigation experience speck to project evaluation, acquisition, design, construction, and monitoring. 2 points All of the above and at least two projects brought to successful regulatory closure with the Interagency Review Team (IRT). 10 points REQUIRED SECTIONS TOTAL RFP 16-007279 Page 5 of 5 Mitigation Services ENVIRONMENTAL QUALITY ROY COOPER Go,ernor MICHAEL S. REGAN Seerernrr August 9, 2017 THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-007279 RFP TITLE: Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin ADDENDUM NO. 2 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING September 21, 2017 @ 2:00 P.M. DAT EITI M E: 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- ADDITIONAL NEEDS: DMS wishes to increase the need for stream credits by 7,000 credits; The new total request for stream credits is 32,000. 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. ® Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. SECTION 3 Execute Addendum: Wildlands Enoineerino. Inc. ADDRESS (CITY & STATE): 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 AUTHORIZED SIGNATURE: 1, b. DATE: 09/21/2017 RFP 16-007279 Page 1 of 2 PLEASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. DELIVERED BY US POSTAL SERVICE (Mail at least 7 business days prior to Bid Closing Date) DELIVERED BY ANY OTHER MEANS (UPS / FEDEX I ETC.) ((Suggestion: Request Signature Receipt SEALED BID SEALED BID RFP 16-007279 RFP 16-007279 NC DEPT ENVIRONMENTAL QUALITY NC DEPT ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-J RALEIGH NC 27699-1652 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, SIGNIGNED AND RETURNED IF REQUIRED. RFP 16-007279 Page 2 of 2 6 Mitigation Services ENVIRONMENTAL QUALITY ROY COOPER t............ MICHAEL S. REGAN Sr.rron i August 31, 2017 INNFz1_1QX74.I0llIV, Iirdl1.3r:3:1:7A11I 7a� Iti+IY�:�'Ii : .. _ • : e • • _ RFP NO. 16-007279 RFP TITLE: Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin ADDENDUM NO. 3 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING September 21, 2017 @ 2:00 P.M. DATE/TIME: 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 Additional Needs: DMS wishes to increase the Riparian Wetland Credits by an additional 9 credits, this will make the new total request 35. Please plan your bid responses accordingly. 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. ® Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. iX i r9rk . Execute Addendum: BIDDER: Wildlands Engineering, Inc. ADDRESS (CITY & ST AUTHORIZED SIGNATU S. Mint Suite 104, Charlotte, NC 28203 [IRGUAiFNI2111I RFP 16-007279 Page 1 of 2 Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the f offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. DELIVERED BY US POSTAL SERVICE (Mail at least 7 business days prior to Bid Closing Date) DELIVERED BY ANY OTHER MEANS (UPS / FEDEX / ETC.) (Suggestion: Request Signature Receipt) SEALED BID SEALED BID RFP 16-007279 RFP 16-007279 NC DEPT ENVIRONMENTAL QUALITY NC DEPT ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-J RALEIGH NC 27699-1652 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, SIGNIGNED AND RETURNED IF REQUIRED. RFP 16-007279 Page 2 of 2 PART D - Executive Summary Wildlands Engineering, Inc. (Wildlands) is proposing two options to provide Stream Mitigation Units (SMUs) for the Neuse River Basin Cataloging Unit 03020201 at the Catfish Pond Mitigation Site (Site) in Durham County, NC. Option 1 provides 3,621 SMUs and an approximate 18.7 -acre conservation easement. Option 2 provides 3,115 SMUs and an approximate 15.8 -acre easement. Wildlands has recorded an option to acquire a conservation easement on the Site. The project will involve the enhancement and restoration of Catfish Creek, two unnamed tributaries to Catfish Creek (UT1 & UT2), and an unnamed tributary to Mountain Creek (Mountain Tributary). As detailed in Part G of this proposal, the Site is actively grazed and cattle have unrestricted access to all Site streams. Cattle trampling impacts are widespread, with bed and bank definition destroyed in streams with strong perennial flow. Areas of stream incision and bank erosion are also present throughout the Site. An inline farm pond on Catfish Creek is a favorite wallow spot for cattle and serves as a point source for water pollution in addition to functioning as a barrier to aquatic species migration. This project will improve water quality and ecology through exclusion of livestock and farm equipment, riparian buffer establishment, removal of an impoundment, and stream and habitat restoration, resulting in a decrease in nutrient and sediment loads from the project site and improved aquatic and terrestrial habitat onsite. Additionally, this Site connects forested lands upstream and downstream, providing a continuous wooded corridor for wildlife. The specific evaluation criteria outlined in the Division of Mitigation's (DMS's) Request for Proposals will be met as summarized in Part G of this proposal. In summary, the restoration plan for the Site will include the following: • Elimination of the water quality impacts from cattle access to streams and floodplains; • Removal of a current farm pond and restoration of channel -floodplain connectivity; • Enhancement of habitat functions through channel restoration and enhancement, and riparian buffer re-establishment; • Reduction of sediment and nutrient loadings by filtering overland runoff; • Protection for stream channels from further channel manipulation and vegetation management for agricultural purposes; • Conservation of up to approximately 18.7 acres of restored land in perpetuity; and • Generation of up to 3,621 stream mitigation units. Catfish Pond Mitigation Site - PART D Wildlands Engineering, Inc. Page D.1 PART E - Corporate Background and Experience 1.0 Corporate Background The Wildlands Team is a multidisciplinary group of professionals that brings together the expertise necessary to create outstanding ecological restoration projects in a timely and cost-effective manner. Wildlands, the primary offeror, is headquartered in Charlotte, NC. Wildlands has offices in Charlotte, NC; Raleigh, NC; Asheville, NC; Charleston, SC; and Fairfax, VA. Our 38 employees dedicated to environmental restoration have positioned Wildlands as a leader in ecosystem restoration in the southeastern United States. Wildlands has teamed with Turner Land Surveying (Turner) for survey and easement services for the Catfish Pond Mitigation Site. Turner is a full service professional land surveying firm located in Swannanoa, NC. Turner has worked on a variety of projects with Wildlands staff and their experience includes geomorphic assessment surveys, conservation easement platting & monumentation, establishing site control (conventional & GPS), creation of 3D -models for restoration projects built using GPS machine control equipment, and as -built surveys. Early coordination and frequent communication ensures that everyone understands their role in the project and can complete tasks in a timely and efficient manner. Wildlands will use one of the following five contractors specializing in stream work: • Backwater Environmental, based in Pittsboro, NC • Carolina Environmental Contracting, Inc., based in Mount Airy, NC • Land Mechanic Designs, Inc., based in Willow Spring, NC • North State Environmental, Inc., based in Winston Salem, NC • River Works, Inc., based in Cary, NC 2.0 Ability to Complete all Phases of the Proposal Wildlands' success is owed to the skills and abilities of its diverse and talented staff. Wildlands' staff expertise includes planning, ecology, biology, economics, civil engineering, real estate, AutoCAD, Geographic Information System (GIS), land management, environmental consulting, and habitat construction. Our collection of professionals allows for a seamless approach to planning, permitting, design, construction, and management of restoration projects. We fully understand the permitting process at the federal, state, and local level. Wildlands has five NC Certified Floodplain Managers (CFMs) on staff to address local, state, and FEMA floodplain permitting requirements. We have extensive experience with categorical exclusions, 401/404 permitting, and sediment and erosion control plans. 3.0 Similar Projects Wildlands has completed numerous projects involving stream restoration, wetland restoration, and mitigation banking. Several of these projects are summarized below. Devil's Racetrack Mitigation Site, Johnston County, NC- Wildlands is currently performing ecological restoration work at a site in Johnston County, east of the Town of Four Oaks. The full -delivery project will provide 18,527 SMUs and 67.0 Riparian WMUs on several unnamed tributaries to the Neuse River for DMS. The project includes categorical exclusion documentation, existing conditions assessment, landowner coordination, conservation easement acquisition, stream and wetland restoration design, permitting, construction, and seven years of post - Catfish Pond Mitigation Site - PART E Wildlands Engineering, Inc. Page E.1 construction monitoring. Construction of the project was completed in early 2014 and the project is currently in the fourth year of post - construction monitoring. Martin Dairy Stream Mitigation Site, Orange County, NC- Wildlands is currently working on this project that will provide over 2,000 SMUs to the Neuse River basin through the design of a stream and wetland complex. The project includes stream restoration design, riparian buffer re-establishment, and improvement of aquatic organism passage through two culverts at the upstream project limits. The existing culverts currently act as barriers to local fish and mussel species. The project has high visibility from residential houses and a main road, and will include a riparian corridor designed for aesthetics, as well as ecological function. A variety of flowering tree species will be interspersed throughout the project, along with flowering herbaceous ground cover. Construction on this project was completed in the summer of 2017. Little Troublesome Creek Mitigation Site, Rockingham County, NC - Wildlands is currently performing ecological restoration work at a site in Reidsville, NC. The full -delivery project will provide 4,900 SMUs and 12.7 WMUs on Little Troublesome Creek, Irvin Creek, and one of its unnamed tributaries in the Cape Fear river basin for DMS. The project includes categorical exclusion documentation, existing conditions assessment, landowner coordination, conservation easement acquisition, stream and wetland restoration design, permitting, construction, and five years of post -construction monitoring. Wildlands also performed detailed hydraulic modeling of the proposed restoration design for CLOMR and LOMR submittals to satisfy FEMA requirements This project is currently in the close-out phase. Norkett Branch Stream Mitigation Site, Union County, NC- Wildlands is developing a full -delivery project in rural Union County on Norkett Branch and four tributaries. The project is expected to provide 10,098 SMUs for DMS in the Yadkin river basin. The project includes existing site assessment, conservation easement acquisition, permitting, stream restoration design, construction, and seven years of post -construction monitoring of geomorphic stability and vegetation. Detailed hydraulic modeling was completed for CLOMR and LOMR approvals. Two stormwater Best Management Practices (BMPs) were constructed to treat headwater agricultural runoff and will provide SMU credits. This project is currently in the fourth year of post -construction monitoring. WW Catfish Pond Mitigation Site - PART E Wildlands Engineering, Inc. Page E.2 Agony Acres Stream and Buffer Mitigation Site, Guilford County, NC- Wildlands is currently performing ecological restoration work for DMS at a full -delivery site in Guilford County, north of the Town of Gibsonville. The project is expected to provide 6,488 SMUs and 3.0 BMUs on four unnamed tributaries to Reedy Fork in the Cape Fear river basin. The project includes categorical exclusion documentation, existing conditions assessment, landowner coordination, conservation easement acquisition, stream restoration design, permitting, construction, and post -construction monitoring. Construction was completed in summer 2014 and the third year of post -construction monitoring is underway. Scaly Bark Creek Mitigation Site, Stanly County, NC— Wildlands performed ecological restoration work at a site near Albemarle, NC. The full -delivery project delivered 6,415 SMUs on Scaly Bark Creek and six unnamed tributaries in the Yadkin River basin for DMS. The project included categorical exclusion documentation, existing conditions assessment, landowner coordination, conservation easement acquisition, restoration design, permitting, construction, and five years of post -construction monitoring. Wildlands successfully completed CLOMR and LOMR packages for this project. This project was successfully closed out in 2016. Owl's Den Mitigation Site, Lincoln County, NC - Wildlands is developing a full -delivery project in Lincoln County on two unnamed tributaries to Howards Creek. The project is expected to provide 2,400 SMUs in the Catawba river basin and 8.0 WMUs via wetland re-establishment, rehabilitation, and enhancement. The project includes categorical exclusion documentation, existing conditions assessment, landowner coordination, conservation easement acquisition, stream and wetland restoration design, permitting, construction, and seven years of post - construction monitoring. Detailed hydrologic modeling was completed to study wetland -groundwater connections. This project is in the second year of post -construction monitoring. Lyle Creek Mitigation Site, Catawba County, NC- Wildlands is currently performing ecological restoration work at a site northwest of Lake Norman in Catawba County, NC. The project is expected to provide 5,571 SMUs and 7.0 WMUs on unnamed tributaries to Lyle Creek in the Catawba river basin. The project includes categorical exclusion documentation, existing conditions assessment, landowner coordination, conservation easement acquisition, stream and wetland restoration design, permitting, construction, and post -construction monitoring. Construction was completed in 2012 and fifth year monitoring of the project was completed in 2016. Catfish Pond Mitigation Site - PART E Wildlands Engineering, Inc. Page E.3 4.0 Lead Consultant and Team Members Wildlands is a licensed engineering firm in NC and will act as prime consultant for this contract. Staff from our Charlotte, NC and Raleigh, NC offices will complete this project. Wildlands has teamed with Turner to offer the best possible team to DMS. As indicated above in Section 1.0, Wildlands will select a specialty stream contractor from our provided list of qualified firms. LEAD CONSULTANT Wildlands Engineering, Inc. - Headquarters Charlotte, NC Office Location _ 1430 South Mint Street, Suite 104 Charlotte, NC 28203 WILDLANDS (P) 704.332.7754 (F) 704.332.3306 E N G I NEER I N G Firm Contact: Shawn Wilkerson, President; swilkerson@wildlandseng.com North Carolina S -Corporation Federal Identification Number: 56-0651376 Raleigh, NC Office Location Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 TEAM MEMBERS Turner Land Surveying (woman -owned business) P.O. Box 148 RNER Swannanoa, NC 28778 onP(P) 919-827-0745 MOU LAM s EYI Firm Contact Lissa Turner, PLS, CFS, President; lissa@turnerlandsurveying.com Services to be provided: Professional Surveying Services 5.0 Project Manager Experience Ms. Angela Allen currently serves as a water resources engineer for Wildlands' Raleigh, NC, office. She has 13 years of professional experience in water resources and civil engineering, including stream restoration design, hydrologic and hydraulic modeling and analysis, water quality modeling, biogeochemical cycling, surveying, stormwater control measure (SCM) design, mitigation plans, and feasibility studies. She has been involved in the design of more than 50,000 LF of stream restoration and enhancement work for municipalities, DOTs, the military, universities, and mitigation bankers. Additional information on Ms. Allen's experience is provided in Part F. 6.0 Project Approach The Wildlands Team takes a holistic, integrated approach to site restoration. The following text outlines some key aspects of our multi -disciplinary project approach. Site-specific project plans are further described in Part G of this proposal. Catfish Pond Mitigation Site - PART E Wildlands Engineering, Inc. Page EA 6.1 Site Selection The Wildlands Team carefully selects project sites where ecological restoration can be maximized. Our sites are reviewed by our environmental scientists and engineers during the selection process to ensure that ecological uplift can be achieved within regulatory parameters related to floodplain management, protected species, and existing wetland resources. We consult with the existing landowners to explain the restoration process and the conservation easement conditions. We review the site with our contractor to identify potential construction challenges and opportunities. 6.2 Property Owner Coordination Property owner coordination begins during the site selection stage and continues throughout the project. We meet with families to understand the existing and future land use plans for the site. We work to fully explain the restoration process and review site plans at the conceptual design stage and final design stage with the property owners to make sure that their concerns are addressed. Our project manager is the point of contact throughout the project so that the property owners always know who can answer any questions that may arise. 6.3 Contractor Coordination Wildlands draws on our contractor's construction expertise early in the project planning phase. We consult with our contractor so that the project can be designed and constructed in an efficient and cost- effective manner. We work to identify on-site materials that are native to the existing ecosystem and that should be incorporated into the restoration project to best mimic natural systems for the site locale. For example, cobble material embedded in excavated material on mountain stream sites can be sorted and used for riffle construction. We also know that coordination and flexibility during construction is the key to a successful restoration site. 6.4 Site Assessment Numerous methods of assessment are used to quantify and qualify- .:.' the site and upstream watershed's stability, nutrient loads, ; sediment transport, hydrologic and hydraulic properties, plant and.. s.. animal habitat, ecology, soil conditions, and functional uplift •J potential. Our assessment is carried out by surveyors trained in natural channel assessment and by field scientists and engineers trained in stream and wetland assessment and design who know t. what characteristics to look for that will aid in design. Wildlands looks for predictors of future stability problems, such as upstream development and concentrated overland flow paths. 6.5 Permitting A project's schedule can be completely disrupted if the permitting for the project is not performed correctly. The Wildlands Team understands the critical steps necessary for acquiring these permits in a timely and efficient manner. Methods used to ensure a rapid permitting process include on-site meetings with the various permitting agency representatives prior to design, as well as staying up-to- date on the regulations associated with ecosystem restoration. These steps allow for the submittal of a thorough and accurate permitting application for our projects. Catfish Pond Mitigation Site - PART E Wildlands Engineering, Inc. Page E.5 6.6 Site Design Once the existing conditions are documented and evaluated, the preferred alternative selected, and base -mapping developed, a design discharge range is selected based on the project goals. Natural channel design parameters will be developed based on reference reach data, hydraulic modeling, and sediment transport assessment. Wildlands has five CFMs on staff who can evaluate design options to optimize floodplain function and minimize off-site adverse flood elevation impacts. During the preliminary design the plan view channel location is set, cross-sections for riffles and pools are designed, and in -stream habitat and grade control structures are located. General grading limits, details, and easement locations are included at this stage. Property owner input and contractor coordination help to assure that the proposed design meets the multi -faceted design goals. 6.7 Construction The Wildlands Team is familiar with the policies, procedures, and practices necessary to construct natural channel design and wetland restoration projects. Wildlands has provided construction administration and observation services for over 46 miles of stream work and 163 acres of wetland work. 6.8 Monitoring Monitoring is an important component to any stream restoration or enhancement work. The Wildlands Team has experience in both developing monitoring plans for mitigation projects and in implementing those plans. Our monitoring plan experience includes as -built surveys and determining whether the project has met its success criteria after the required time period. Catfish Pond Mitigation Site - PART E Wildlands Engineering, Inc. Page E.6 PART F - Project Organization 1.0 Organizational Chart The following illustrates the organization of personnel that will be assigned to this project. ■ wILDLANDS Charlotte, NC Office ■ waDLANDs Raleigh, NC Office Engineering services will be ■ TURNER LAND SURVEYING Swannancia, NC Office licensed d rin—teby ogees of licensed corporate entities 2.0 DBE/HUB participation Our surveyor and three of our potential contractors are woman -owned businesses: Turner Land Surveying; Carolina Environmental Contracting, Inc., Land Mechanic Designs, Inc.; and North State Environmental, Inc. 3.0 Qualifications and Experience Brief resumes presenting the qualifications, experience, and assigned project responsibilities of our project manager and each project team member are presented on the following pages. Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.1 Angela Allen, PE Angela Allen is a water resources engineer in Wildlands Engineering's Raleigh office. She has over 13 years of experience in water resources and engineering projects and a MS in Biological and Agricultural Engineering. Her technical background includes stream restoration design, hydrologic and hydraulic modeling and analysis, water quality modeling, biogeochemical cycling, surveying, stormwater best management practices (BMP) design, mitigation plans and feasibility studies. Ms. Allen has designed more than 50,000 LF of stream restoration and enhancement for municipalities, DOTS, the military, universities, and mitigation bankers. She has designed a variety of stormwater BMPs including bioretention cells, stormwater wetlands and detention ponds. Ms. Allen has also performed numerous water quality, hydrologic, and biological monitoring studies using modeling packages such as HEC -RAS, PonclPack, OTIS, Fish -Xing, GIS, Culvert Master and HY-8. JOB CLASSIFICATION: RESPONSIBILITIES FOR THIS PROJECT: PROFESSIONAL REGISTRATIONS: TOTAL YEARS EXPERIENCE: EDUCATION: Water Resources Engineer Project Manager Professional Engineer 13 years MS, Biological and Agricultural Engineering, North Carolina State University, 2006 BS, Biological Systems Engineering, Virginia Tech, 2004 ADDITIONAL TRAINING: Rosgen Level I, 2006 NC DOT Erosion and Sediment Control Level II Certification, 2010 Hydraulic Modeling for Stream Restoration and Sediment Transport, 2011 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Martin Dairy Stream Mitigation Site 2,000 SMUs Project Manager Orange County, NC Holman Mill Stream Mitigation Site 3,656 SMUs Assistant Project Manager Alamance County, NC Hoosier Dam Removal Mitigation Bank 18,500 SMUs Project Manager Chatham County, NC Hopewell Stream Mitigation Site Randolph County, NC 7,463 SMUs Project Engineer Falling Creek Mitigation Bank 20,000 SMUs; Assistant Project Manager Wayne County, NC 47 WMUs Foust Creek Mitigation Site 4,708 SMUs; Project Engineer; Alamance County, NC 3.3 WMUs Construction Oversight Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.2 John Hutton Mr. Hutton is Vice President and Senior Project Manager for Wildlands and has 17 years of experience in the assessment and restoration of streams and wetlands. He serves as the senior technical advisor for wetlands restoration within the firm. Mr. Hutton has managed numerous large-scale restoration projects for a variety of public and private clients throughout the Southeast including over 30 miles of restored stream and over 365 acres of restored wetlands. He has been responsible for all aspects of stream and wetland restoration projects including site searches, feasibility studies, mitigation planning, mitigation design, construction management, and post construction monitoring. Mr. Hutton has also served as project manager on a number of watershed and water quality projects throughout the Southeast. JOB CLASSIFICATION: Vice President/Senior Project Manager RESPONSIBILITIES FOR THIS PROJECT: Principal -in -Charge PROFESSIONAL REGISTRATIONS: none TOTAL YEARS OF EXPERIENCE: 17 years EDUCATION: MS, 2000, Biological Sciences, Old Dominion University BSA, 1996, Botany, University of Georgia ADDITIONAL TRAINING: RiverMorph Application Training, 2005 Rosgen Levels I through IV, 2001- 2004 Wetland Identification and Delineation Course, 2000 Wetland Construction and Restoration, 2001 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Agony Acres Stream and Buffer Mitigation Site 6,488 SM Us; Guilford County, NC 3.0 BMUs Project Manager Buckwater Mitigation Site 12,489 SMUs Principal -in -Charge Orange County, NC Maney Farm Mitigation Site 4,922 SMUs Principal -in -Charge Chatham County, NC Devil's Racetrack Mitigation Site 18,527 SMUs; Johnston County, NC 67.0 WMUs Project Manager Hoosier Dam Mitigation Bank 18,500 SMUs Project Manager Chatham County, NC Underwood Mitigation Site 6,192 SMUs; Chatham County, NC 12.0 WMUs Principal in Charge Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.3 Aaron Earley, PE, CFM Mr. Earley has 17 years of experience in ecological restoration, stormwater management design and modeling, floodplain delineation, and hydrologic/hydraulic analysis. At Wildlands, he is responsible for managing stream restoration and stormwater quality Best Management Practice (BMP) projects, performing hydrologic and hydraulic modeling to support natural channel design, and final preparation of construction documents. Mr. Earley has experience with municipal and state environmental restoration projects, school and university improvement projects, and private development projects. He has completed numerous Federal Emergency Management Association (FEMA) flood studies of stream restoration projects throughout NC. JOB CLASSIFICATION: Senior Water Resources Engineer RESPONSIBILITIES FOR THIS PROJECT: QA/QC Manager PROFESSIONAL REGISTRATIONS: Professional Engineer; Certified Floodplain Manager TOTAL YEARS OF EXPERIENCE: 17 years EDUCATION: MS, Civil Engineering, North Carolina State University, 1999 BS, Textile Engineering, North Carolina State University, 1996 ADDITIONAL TRAINING: Hydraulic Modeling for Stream Restoration and Sediment Transport, NC State University Dept of Biological & Agricultural Engineering, 2011 Low Impact Development Certification, NC Cooperative Extension, 2010 River Morphology & Applications, Wildland Hydrology, 2008 Fluvial Geomorphology for Engineers, Wildland Hydrology, 2007 Project Manager Boot Camp, PSMJ Resources, 2004, 2014 HEC -RAS for Stream Restoration, Pennsylvania State University, 2002 PROJECT EXPERIENCE AT WILDLANDS Deep Meadow Mitigation Site Union County, NC Candy Creek Stream Mitigation Site Guilford County, NC Reedy Creek Stream Restoration Project Charlotte, NC Glassy Creek Stream Restoration Project Charlotte, NC Crooked Creek #2 Restoration Project Union County, NC Briar Creek/Edwards Branch Stream Restoration Charlotte, NC PROJECT DETAILS 2,746 SMUs; 8.1 WMUs 15,456 SM Us 28,000 SM Us 3,505 LF PROJECT ROLE Project Manager Project Manager Assistant Project Manager; Lead Designer Project Manager 5,672 LF; 12.4 acres of Project Manager; wetland Lead Engineer 3,560 LF Project Manager k4.1 Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page FA Andrea Eckardt Ms. Eckardt has 18 years of experience in watershed management, environmental planning, permitting, and geographic information systems (GIS). She currently serves as a senior environmental planner for Wildlands. She specializes in environmental permitting, watershed management, project development and implementation, citizen/agency facilitation, grant writing, conservation easement coordination, and GIS mapping. Ms. Eckardt has experience with municipal and state improvement projects, school and university improvement projects, non-profit improvement projects, and private development projects. Ms. Eckardt has facilitated State Property Office coordination of easements for 484 acres of conservation easements in NC. JOB CLASSIFICATION: Senior Environmental Planner RESPONSIBILITIES FOR THIS PROJECT: Categorical Exclusions; Conservation Easement Acquisition 9 BMPs Lead; GIS Coordinator PROFESSIONAL REGISTRATIONS: none TOTAL YEARS OF EXPERIENCE: 18 years EDUCATION: MS, Environmental Science, Applied Ecology, Indiana Little Troublesome Creek Mitigation Site University, 1996 Project Manager BS, Biology, Wake Forest University, 1994 ADDITIONAL TRAINING: Consultant Regulatory Workshop, 2007 Financial Benefits of Conservation Easements: Conservation and design phase) Programs and Tax Incentives for NC Landowners, 2006 5,672 SMUs; Project Manager Boot Camp, 2005, 2014 Union County, NC Natural Resource Leadership Institute, 2001 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Various Full -Delivery Projects 15 full -delivery Categorical Exclusion; Multiple Counties in NC projects Conservation Easement Acquisition Big Harris Mitigation Site 25,836 SM Us; Mitigation Plan Lead Cleveland County, NC 9 BMPs Box Creek Wilderness Area Stream Mitigation Bank 158,400 LF (30 miles) Project Manager Rutherford County, NC Little Troublesome Creek Mitigation Site 4,900 SM Us; Project Manager Rockingham County, NC 12.7 WMUs (existing condition and design phase) Crooked Creek #2 Restoration Project 5,672 SMUs; Project Manager Union County, NC 11.5 WMUs (conceptual phase) Burnetts Chapel Mitigation Site Guilford County, NC 9.2 BMUs Project Manager Lone Oak Mitigation Bank 38,000 LF Permitting; Banking Albemarle County, VA Instrument k4.1 Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.5 Ian Eckardt, Pws Mr. Eckardt has 13 years of experience in stream geomorphic assessments, stream classification, wetland delineation, protected species surveys, sediment sampling and analysis, water quality monitoring, groundwater monitoring, surveying, and vegetation assessment. He currently serves as an environmental scientist for Wildlands Engineering and is responsible for regulatory permitting, agency correspondence, wetland delineations, geomorphic surveys and assessments, protected species surveys, and post -construction monitoring. JOB CLASSIFICATION: Environmental Scientist RESPONSIBILITIES FOR THIS PROJECT: Existing Conditions Survey; Permitting PROFESSIONAL REGISTRATIONS: Professional Wetland Scientist TOTAL YEARS OF EXPERIENCE: 13 years EDUCATION: MS, Earth Science, University of North Carolina at Charlotte, 6,415 SMUs 2007 5,571 SMUs; BA, Geology, NC State University, 2001 ADDITIONAL TRAINING: NC SAM Certificate Training, 2017 Catawba County, NC Basic Processes in Hydric Soils, 2013 4.0 WMUs Advanced Problems in Hydric Soil Evaluation, 2013 Rosgen Level I, 2013 Surface Water Identification Training and Certification, 2013 NC WAM Certificate Training, 2010 Management of Invasive and Exotic Vegetation in Riparian Areas, 2009 North Carolina Rare Plant Identification Workshops, 2007 & 2011 Delineation of Piedmont and Coastal Plain Jurisdictional Wetlands, 2007 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Deep Meadow Mitigation Site 2,746 SMUs; Union County, NC 8.1 WMUs Existing Conditions Assessment Big Harris Mitigation Site 25,836 SMUs; Existing Conditions Assessment Cleveland County, NC 8.0 WMUs 9 BMPs 6,415 SMUs Henry Fork Mitigation Site 5,571 SMUs; 4,500 SMUs; 7.0 WMUs Existing Conditions Assessment; Permitting Catawba County, NC 4.0 WMUs Agony Acres Mitigation Site Guilford County, NC Norkett Branch Mitigation Site Union County, NC Owl's Den Mitigation Site Lincoln County, NC Scaly Bark Creek Mitigation Site Stanly County, NC Lyle Creek Mitigation Site Catawba County, NC �41W Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. 6,488 SM Us; Existing Conditions Assessment; Categorical 3.0 BMUs Exclusion; Permitting; Monitoring 10,098 SMUs Existing Conditions Assessment; Categorical Exclusion; Permitting; Monitoring 2,400 SMUs; Existing Conditions Assessment; Categorical 8.0 WMUs Exclusion; Permitting; Monitoring 6,415 SMUs Monitoring 5,571 SMUs; 7.0 WMUs Monitoring Page F.6 Jason Lorch, LISP Mr. Lorch has 15 years of professional experience in GIS analysis, Microstation/Geopak, CADD, and stream and wetland mitigation design and analysis, and monitoring. His experience includes stream determination, stream restoration design, stream monitoring, wetland monitoring, global positioning systems (GPS) surveying, and calculating permit impacts. Mr. Lorch has worked on several stream and wetland projects where he was responsible for creating plan sets, natural channel design, calculating construction quantities, construction oversight, monitoring, permitting, checking the accuracy of survey data, and surveying. JOB CLASSIFICATION: CADD/GIS Analyst RESPONSIBILITIES FOR THIS PROJECT: Existing Conditions Survey; Monitoring PROFESSIONAL REGISTRATIONS: GIS Professional TOTAL YEARS OF EXPERIENCE: 15 years EDUCATION: BA, 2001, Geography- Environmental, University of Wisconsin 7,463 SMUs Milwaukee ADDITIONAL TRAINING: NC Surface Water ID and Training Course, 2013 Assessment and Identification of Riparian Vegetation, 2012 6,488 SMUs; Processes in Hydric Soils, 2005 Guilford County, NC USACE/ NCDWQ Consultant Regulatory Workshop, 2006 Design Assistance Advanced Stream Restoration Design, 2007 Stream Restoration Design Principles, 2006 NCSU Rosgen Stream Classification, 2006 Existing Conditions Survey Advanced Problems in Hydric Soil Evaluation, 2005 Piedmont Endangered Species Identification, 2004 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Maney Farms Stream Mitigation Site 4,748 SMUs CADD Analyst Chatham County, NC Hopewell Stream Mitigation Site 7,463 SMUs CADD Analyst Randolph County, NC Agony Acres Stream and Buffer Mitigation Site 6,488 SMUs; Guilford County, NC 3.0 BMUs Design Assistance Norkett Branch Stream Mitigation Site 10,098 SMUs Existing Conditions Survey Union County, NC Devil's Racetrack Mitigation Site 18,527 SMUs; Existing Conditions Survey; Johnston County, NC 67.0 WMUs CADD; Construction Documents Little Troublesome Creek Mitigation Site 4,900 SMUs; Existing Conditions Survey; Rockingham County, NC 12.7 WMUs CADD; Construction Documents Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.7 Carolyn Lanza Ms. Lanza recently joined the Wildlands team. She has experience with water quality monitoring, macroinvertebrate sampling, and developing invasive species management plans. In her role at Wildlands, she will assist with geomorphic stream assessment, post -construction monitoring, GIS analysis and mapping, invasive species management and stream and wetland delineations. JOB CLASSIFICATION: Environmental Scientist RESPONSIBILITIES FOR THIS PROJECT: Existing Conditions Survey; Monitoring PROFESSIONAL REGISTRATIONS: none TOTAL YEARS OF EXPERIENCE: 1 year EDUCATION: PROJECT EXPERIENCE AT WILDLANDS Agony Acres Mitigation Site Guilford County, NC Hopewell Mitigation Site Randolph County, NC BS, Environmental and Natural Resources: Conservation Biology, Clemson University, 2016 Little Troublesome Creek Mitigation Site Rockingham County, NC Candy Creek Mitigation Site Guilford County, NC Devil's Racetrack Mitigation Site Johnston County, NC Underwood Mitigation Site Chatham County, NC k-6-1 Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. PROJECT DETAILS 6,488 SM Us; 3.0 BMUs 7,463 SMUs 4,900 SMUs; 12.7 WMUs 15,456 SMUs 18,527 SMUs; 67.0 WMUs 6,192 SMUs; 12.0 WMUs PROJECT ROLE Monitoring Monitoring Invasive Species Treatment Creative Invasive Management Plan Monitoring Monitoring Page F.8 Robert Bugg, ALC Mr. Bugg is a seasoned real estate broker and land acquisition professional with a 14 -year history as a Realtor® focusing primarily on land acquisition and entitlement for development and mitigation. In his career he has purchased, sold, or brokered over $50M in real estate. He is one of only 36 brokers in the state of North Carolina to hold the esteemed Accredited Land Consultant (ALC) designation which required over 90 hours of class time and over $10M in land sales. Mr. Bugg has been responsible for identification, land owner negotiation, and closure of conservation easements and land use agreements on over 840 acres representing 112,000 feet of stream mitigation, 50 acres of buffer mitigation, and 100 acres of wetlands mitigation. In addition to helping identify and close easements for Wildlands, Mr. Bugg is also responsible for our mitigation credit sales to local developers from our existing mitigation banks. JOB CLASSIFICATION: Director of Land Acquisition RESPONSIBILITIES FOR THIS PROJECT: Conservation Easement Acquisitions PROFESSIONAL REGISTRATIONS: NC & SC Realtor° Broker, Accredited Land Consultant, Unlimited NC General Contractor's License TOTAL YEARS OF EXPERIENCE: 14 years EDUCATION: BA, Psychology, The University of the South, 1990 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Agony Acres Mitigation Site 6,488 SM Us; Conservation Easement Guilford County, NC 3.0 BMUs Acquisition; Realtor Norkett Branch Mitigation Site Conservation Easement Union County, NC 10,098 SM Us Acquisition; Realtor Owl's Den Mitigation Site 2,400 SM Us; Conservation Easement Lincoln County, NC 8.0 WMUs Acquisition; Realtor Devil's Racetrack Mitigation Site 18,527 SMUs; Conservation Easement Johnston County, NC 67 WMUs Acquisition; Realtor Burnetts Chapel Mitigation Site: Phase I Conservation Easement Guilford County, NC 9.2 BMUs Acquisition Reedy Creek Stream Restoration Project Conservation Easement Charlotte, NC 25,974 SM Us Acquisition Cannon Creek Mitigation Site Conservation Easement Berkeley County, SC 16,000 SM Us Acquisition Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.9 Greg Turner, PE Mr. Turner serves as an environmental designer in the Wildlands Engineering Raleigh office. He has more than six years of experience working on a variety of projects including stormwater SCM design, hydrologic and hydraulic modeling, stream and wetland restoration design and monitoring, erosion and sediment control, and wetland delineations. Mr. Turner also assists with the planning, design, and monitoring of ecological engineering projects. JOB CLASSIFICATION: Environmental Designer RESPONSIBILITIES FOR THIS PROJECT: Design PROFESSIONAL REGISTRATIONS: Engineering Intern TOTAL YEARS OF EXPERIENCE: 6 years EDUCATION: BS, Biological Engineering with a Minor in Environmental Science, North Carolina State University, May 2011 ADDITIONAL TRAINING: Project Manager Boot Camp, 2014 HEC -RAS for Stream Restoration Workshop, 2013 Wetland Delineation Workshop, 2013 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Buckwater Stream Mitigation Site Orange County, NC 12,489 SMUs Design Assistance Vile Creek Stream Mitigation Site Alleghany County, NC 5,000 SM US Design Assistance Maney Farms Stream Mitigation Site 4,748 SM Us Design Assistance Chatham County, NC Holman Mill Stream Mitigation Site Alamance County, NC 3,656 SM Us Design Assistance Norkett Branch Stream Mitigation Site Hydraulic Modeling; LOMR Union County, NC 10,098 SM Us Package Devil's Racetrack Mitigation Site 18,527 SM Us; Johnston County, NC 67.0 WMUs Post -construction Monitoring �41W Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.10 Coy McKenzie Mr. McKenzie has 12 years of experience with natural resource field investigations, stream geomorphic assessments, design, permitting, and monitoring. He currently serves as an Environmental Scientist for Wildlands' Raleigh office, and is responsible for existing conditions assessment, GIS mapping, construction plan production, and post -construction monitoring. JOB CLASSIFICATION: Environmental Scientist RESPONSIBILITIES FOR THIS PROJECT: Design; Monitoring PROFESSIONAL REGISTRATIONS: none TOTAL YEARS OF EXPERIENCE: 12 years EDUCATION: BS, Natural Resources — Ecosystem Assessment, NC State University, 2000 ADDITIONAL TRAINING: River Course I - Stream Classification and Assessment, 2002 Aquatic Insect Collection Protocols for Stream Mitigation and Restoration, 2001 Wetland Identification and Delineation Workshop, 2001 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE Buckwater Stream Mitigation Site 12,489 SMUs Design Assistance Orange County, NC Candy Creek Stream Mitigation Site 15,456 SMUs Existing Conditions Survey Guilford County, NC Holman Mill Stream Mitigation Site Alamance County, NC 3,656 SMUs Existing Conditions Survey Agony Acres Stream and Buffer Mitigation Site 6,488 SMUs; Guilford County, NC 3.0 BMUs Little Troublesome Creek Mitigation Site 4,900 SMUs; Rockingham County, NC 12.7 WMUs Burnetts Chapel Buffer Mitigation Site Guilford County, NC Underwood Mitigation Site Chatham County, NC 9.2 BMUs 6,192 SMUs; 12.0 WMUs Existing Conditions Survey; CADD Assistance Monitoring Monitoring Monitoring �41W Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.11 Daniel Taylor Mr. Taylor has 15 years of experience in mitigation property acquisition, natural channel design, watershed assessment, field data collection, and construction management services. He has performed existing condition surveys, prepared designs and permitting materials, and provided construction oversight on over 28 miles of natural channel design projects throughout the Southeast. JOB CLASSIFICATION: RESPONSIBILITIES FOR THIS PROJECT: PROFESSIONAL REGISTRATIONS: TOTAL YEARS OF EXPERIENCE: EDUCATION: Construction Supervisor Permitting; Construction Administration none 15 years BS, Biological and Agricultural Engineering, North Carolina State University, 1999 ADDITIONAL TRAINING: NCSU River Course 435: Management of Invasive and Exotic Vegetation in Riparian Areas, 2013 Erosion & Sediment Control Planning and Design Workshop, 2007 Rogen Level I —Applied Fluvial Geomorphology, 2004 PROJECT EXPERIENCE AT WILDLANDS PROJECT DETAILS PROJECT ROLE I Candy Creek Mitigation Site I I Guilford County, NC 15,456 SM Us Construction Administration Agony Acres Mitigation Site 6,488 SMUs; Construction Administration Guilford County, NC 3.0 BMUs Devil's Racetrack Mitigation Site 18,527 SM Us; Johnston County, NC 67.0 WMUs Construction Administration Bear Creek (Phillips Site) Stream Restoration Chatham County, NC 4,075 LF Construction Administration Easement Acquisition Underwood Mitigation Site 6,192 SM Us; Coordination; Construction Chatham County, NC 12.0 WMUs Administration Little Troublesome Creek Mitigation Site 4,900 SM Us; Construction Administration Rockingham County, NC 12.7 WMUs Easement Acquisition Byrds Creek Mitigation Site 5,387 SM Us Coordination; Construction Person County, NC i Administration k-6-1 Catfish Pond Mitigation Site - PART F Wildlands Engineering, Inc. Page F.12 Part G -Technical Approach The Catfish Pond Mitigation Site (Site) is located in Durham County approximately 12 miles north of the City of Durham and approximately 3 miles east of the Orange County/Durham County border (Figure 1). The project involves the restoration and enhancement of project streams and the removal of a current farm pond. The project is located within the DMS targeted watershed for the Neuse River Basin Hydrologic Unit Code (HUC) 03020201020040 and NC Division of Water Resources (DWR) Subbasin 03- 04-01. The proposed Site is found within the 2015 addition to the Targeted Local Watershed (TLW) in the Upper Neuse River Basin. The 2015 Neuse 03020201 Priorities Update Table notes watershed issues including disturbed buffer and agricultural lands for this 14 -digit HUC (03020201020040). The 2010 Neuse River Basin Restoration Priorities (RBRP) outlines general goals of nutrient and sediment reduction in agricultural areas and continued improvement of riparian buffer areas for nutrient offset. The Site contains tributaries to Mountain Creek which directly flows into the Little River in Durham County. In a Triangle J Council of Governments Study (TJCOG 2000), Mountain Creek and the Little River Reservoir were among the five highest priority riparian corridor protection areas in the Upper Neuse Basin. The Little River Reservoir is also one of the two main water sources in Durham for public water supply demands. Of the four 8 - digit hydrologic units in the Neuse Basin, the Upper Neuse watershed is the most populated and demand from surface water is set to double in the next 30 years as discussed by the DWR in the 2010 Neuse River Water Resources Plan. In the 2009 Neuse River Basinwide Water Quality Plan (WQP), the DWR identified periodic low levels of dissolved oxygen in the Little River reservoir that may be related to increased nutrient loading that elevate potential for algal blooms. Additionally, fecal coliform bacteria at sampled locations along the Little River Reservoir were elevated above 400 colony forming units (CFU) per 100mL of water tested in 16 percent of the samples. Based on the WQP, desired levels of CFU/mL are zero for drinking water and less than 200 for human contact such as swimming. The Neuse River basin is also discussed in the 2015 North Carolina Wildlife Resource Commission's (NCWRC) Wildlife Action Plan (WAP). The report notes that in 2007, American Rivers listed the Neuse River as one of the most endangered rivers in the United States due to eutrophication. Non -point source pollution including nutrient loading and erosion from stream channelization for agriculture attributed to degraded aquatic habitats in the basin. The report depicts HUC 03020201020040 as a Tier 2 basin for conservation priority. Restoration of the Site will directly and indirectly address stressors identified in the RBRP, the DWR Basinwide Plan and the NCWRC WAP by removing cattle access to onsite streams and other tributaries to Mountain Creek, creating stable stream banks and restoring meandering pattern, restoring a forested riparian buffer that is currently lacking, and reducing fecal coliform contributions to receiving waters. The Site will be fenced to exclude cattle access and up to approximately 18.3 acres of land will be placed under permanent conservation easement to protect the Site in perpetuity. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.1 Sources: NC Division of Mitigation Services. 2015 Neuse 03020201 Neuse Priorities. Triangle J Council of Governments. 2000. Riparian Buffer Preservation and Streambank Restoration in the Upper Neuse River Basin. NC Division of Water Resources. 2010. Neuse River Basin Water Resources Plan. NC Division of Water Quality. 2009. Neuse River Basinwide Water Quality Plan. North Carolina Wildlife Resources Commission. 2001. North Carolina Wildlife Action Plan. Raleigh, NC. 1.0 Project Goals and Objectives The major goals of the proposed stream mitigation project are to provide ecological and water quality enhancements to the Neuse River Basin while creating a functional riparian corridor at the site level. Specific enhancements to water quality and ecological processes are outlined in Table G.1. Table G.1 Ecological and Water Quality Goals of the Mitigation Project Goal Objective CU -Wide and RBRP Objectives Supported Improve the Construct stream channels that will maintain a stable Reduce and control sediment stability of pattern and profile considering the hydrologic and inputs; Contribute to protection of stream channels. sediment inputs to the system, the landscape setting, or improvement to a Water Supply and the watershed conditions. Waterbody. Install habitat features such as constructed riffles, cover logs, and brush toes into restored/enhanced Contribute to protection of or Improve instream habitat. streams. Add woody materials to channel beds. improvement to a Water Supply Construct pools of varying depth. Remove existing on- Waterbody. line pond. Reduce and control sediment Exclude livestock Install fencing around conservation easements inputs; Reduce and manage from stream adjacent to cattle pastures. nutrient inputs; Contribute to channels. protection of or improvement to a Water Supply Waterbody. Restore and Reduce and control sediment enhance native Plant native tree and understory species in riparian inputs; Reduce and manage floodplain zone. nutrient inputs; Contribute to protection of or improvement to a vegetation. Water Supply Waterbody. Permanently Contribute to protection of or protect the Establish conservation easements on the site. improvement to a Water Supply project site from Waterbody. harmful uses. 2.0 Project Description The following section describes the existing conditions at the Site in terms of geomorphic condition, watershed, soils, geology, cultural resources, species of concern, regulated floodplain zones, and site constraints. 2.1 Existing Site Conditions The Site is located approximately 12 miles north of the City of Durham in Durham County and can be accessed by a gravel farm road via N Roxboro Road (NC 501). The project reaches drain to Mountain Creek. Approximately 1 mile southwest of the project site, there are two Significant Natural Heritage Areas, the Little River Uplands and the Little River Aquatic Habitat. Currently, the Site is characterized by Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.2 a mix of flat floodplains used for livestock grazing and moderately sloped floodplains with some forested canopy and grazed understory vegetation. Based on a review of historical aerials (presented in the appendix), Catfish Pond was installed sometime between 1940 and 1955. Additionally, between 1955 and 1972, deforestation for agriculture occurred in the floodplains of the project reaches and in the surrounding watershed. As shown on Figure 2, the Site contains Catfish Creek and the associated existing impoundment (Catfish Pond), two unnamed tributaries to Catfish Creek (UT1 & UT2), and a tributary which drains directly to Mountain Creek referred to as Mountain Tributary. Catfish Creek generally flows east through the property to its confluence with Mountain Creek. UT1 enters the project from an adjacent parcel south of the project area and flows north to its confluence with Catfish Creek. UT2 flows southeast from the project boundary for a short distance until it joins Catfish Creek. Mountain Tributary begins within the project area and flows southeast before turning and flowing northeast into Mountain Creek. The confluence of Mountain Tributary with Mountain Creek is located approximately 2,600 LF upstream of the confluence of Catfish Creek with Mountain Creek. Mountain Creek stands to benefit from the enhancement or restoration of both Catfish Creek and Mountain Tributary. Catfish Creek Reach 1A, UT2, and Mountain Tributary were identified as intermittent streams on September 14, 2017, using the DWR Stream Identification Forms. All other onsite streams including Catfish Creek Reaches 1B - 6 and UT1 were identified as perennial. Copies of these forms are included in the appendix. Wildlands analyzed existing stream conditions by collecting cross-section surveys and sediment samples at multiple locations along the project reaches. Cross-section and sediment sample locations are shown in Figure 2 and associated data are provided in the Appendix. The streams are depicted on Figure 2. Details about the existing streams and associated reaches are provided in Section 2.2 below. 2.2 Existing Conditions - Streams Catfish Creek The headwater of Catfish Creek is on the west side of the project parcel and the stream flows east toward Mountain Creek for a total of approximatly 3,473 linear feet (LF). Catfish Creek was subdivided into six reaches for analysis. Reach break locations for Catfish Creek are shown in Figure 2. Overall the project reaches of Catfish Creek are Rosgen B/C type streams depending on valley position and current condition. Streamside vegetation along Catfish Creek Reach 1 consists primarily of established hardwoods suchs as silky willow (Salix sericea), green ash (Fraxinus pennsylvanica), sweetgum (Liquidambar styraciflua), paw paw (Asiminia triloba), and hazel alder (Alnus serrulata). There are instances of invasive vegetation throughout the Site including Chinese privet (Ligustrum sinense) and Japanese honeysuckle (Lonicera japonica). Herbacous vegetation is limited from grazing and cattle access. Ground cover is dominated by Japanese stiltgrass (Microstegium vimineum)and grasses such as fescue (Festuca spp.). Catfish Creek Reach 1 (which includes intermittent Reach 1A and perennial Reach 113) begins at a small groundwater seep on the west end of the Site and flows east for approximately 460 LF until its confluence with UT2. The upstream most Catfish Creek Reach 2 begins at the confluence of UT2 and continues downstream for approximately 630 LF. Catfish Creek Reaches 1 and 2 are very similar in their current condition. Both reaches are moderately sloped and flow through somewhat confined valleys with a decent canopy of vegetation and limited understory. Cattle access and riparian buffer grazing are the major limiting factors in the overall health and stability of Catfish Creek Reaches 1 and 2. Isolated areas of over widening and instability exist along these project reaches, which can be directly correlated to cattle access. Invasive vegetation include areas of Chinese privet. Bedform within these reaches is Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.3 more stable and diverse compared to other project reaches. The remote location within the watershed discourages cattle from traveling within the stream banks. Catfish Creek Reach 3 begins 460 LF downstream of the confluence of UT2 and Catfish Creek and flows east for 230 LF until an existing farm crossing. Catfish Creek Reach 3 has been extensively altered in the past. The channel has been re -aligned, straightened, and pushed up against the right valley wall. Additionally, cattle access within this reach has resulted in extensive impacts to the stream substrate, bedform, and stability. Based on observations on-site, the cattle have begun using the channel as a wallow area and cattle trail. A remnant channel can be seen in the left floodplain which may have been the previous location of Reach 3 prior to alteration. The combination of relocating the channel, straightening the pattern, and livestock access has caused the channel to incise and become disconnected from the floodplain with a bank height ratio greater than 1.5. Understory vegetation along the reach is limited and heavily grazed. Some hardwood species have established over time to help stabilize the system but overall vegetation within the floodplain is sparse and dominated by pasture grasses. Catfish Creek Reach 4 flows out of a culvert for an existing farm crossing and continues east for approximately 600 LF until just upstream of Catfish Pond. Catfish Creek Reach 4 has bedrock influenced bedform and very little incision. Instability along the reach is from cattle access, wallowing, and grazing. The stream flows through a somewhat confined, moderately sloped valley with hardwood streamside vegetation and an understory dominated by invasive vegetation. Catfish Creek Reach 5 begins just upstream of Catfish Pond and continues for 345 LF until the confluence with UT1. Currently, almost all of Reach 5 is contained within Catfish Pond, a farm pond installed sometime between 1940 and 1955. Cattle have unlimited access and were seen wallowing within the farm pond on multiple occasions during Wildlands' site visits. The embankment downstream of the pond has been used as a disposal area containing trash such as construction waste. Vegetation around the pond is limited to pasture grasses and some tree -of -heaven (Ailanthus altissima). Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page GA Catfish Creek Reach 6 begins at the confluence with UTI and continues for approximately 1,208 LF until the confluence of Mountain Creek and Catfish Creek. Catfish Creek Reach 6 has a bedform dominated by bedrock features (35% of reach) which have limited vertical instability. However, livestock access throughout the site has caused areas of lateral instability and widening. At multiple locations along the reach there is evidence of cattle wallows and trampled banks. Cattle impacts have caused instablity including mass wasting and scour in isolated areas along the reach. UT1 to Catfish Creek UT1 flows onto the site from a wooded parcel south of project and flows northeast. The entire stream is accessed by livestock and, based on historical aerials, the channel and floodplain were heavily altered sometime between 1955 and 1972. In the 1972 historic aerial photo, a large area of deforestation along the stream corridor is evident. It also appears that the surrounding floodplain was manipulated from a forested system to agricultural fields for production. UT1 was divided into three separate reaches for analysis. Overall, UT1 reaches were most similar to Rosgen C-type streams. UT1 Reach 1 begins at the southern project boundary and flows northeast for approximately 1,127 LF until the intersection of an ephemeral tributary. Along UT1 Reach 1 there is a narrow buffer with some woody and herbaceous vegetation. Throughout the reach there are cattle entry and exit points which have resulted in unstable banks leading to scour, mass wasting, and incision. In addition, cattle impacts have caused the degradation of channel bed form diversity and instream habitat. UTI Reach 2 begins at the confluence of UT1 and the unnamed ephemeral tributary and flows northeast for approximately 492 LF until an existing farm crossing. A fence line associated with the parcel boundary bisects UT1 Reach 2 approximately halfway up the project reach. Downstream of the fence line, there is no woody or herbaceous vegetation within the floodplain and vegetation is dominated by pasture grasses. Limited riparian buffer on LIT1 Reach 2 Upstream of the parcel boundary, the woody vegetation is - limited with some areas of hazel alder (Alnus serrulata) and green ash (Fraxinus pennsylvanica). The stream banks have been cattle trampled, resulting in an overwide dimension. Upstream of the parcel boundary, it is difficult to identify the main stem of the channel because cattle trampling has resulted in a multithread system. The channel exhibits very'`* little to no bedform throughout the reach and fecal materialmW is present along the entire reach. UT1 Reach 3 begins at an existing farm crossing ands""`'''"" continues for 518 LF until the confluence of UT1 and Catfish Creek. At the upstream end of UT1 Reach 3 there is an existing farm crossing with a stacked rock retaining wall which divides the valley between UT1 Reach 2 and UT1 Reach 3. UT1 Reach 3 is vertically stable due to widespread bedrock in the Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.5 channel. Just downstream of the farm crossing there is a small area of incision. Similar to other project reaches the major limiting ecological factor for UT1 Reach 3 is livestock access. Grazing areas in the floodplain have limited understory vegetation and cattle fecal material supply nutrients to the system. UT2 to Catfish Creek and Mountain Tributary UT2 to Catfish Creek and Mountain Tributary are both intermittent headwater tributaries within the project area. UT2 begins at the farthest western edge of the project and flows southeast towards Catfish Creek for approximately 462 LF. Mountain Tributary begins in the northwest corner of the project area and flows southeast before turning and flowing northeast into Mountain Creek. These headwater tributaries are in a similar existing condition with an established riparian woody canopy and a grazed understory. Overall, ecological degradation of these streams is directly attributed to cattle impacts. 2.3 Watershed Characterization The Site is located within the Targeted Local Watershed 03020201020040 and DWR Subbasin 03-04-01, in Durham County. All onsite tributaries drain to Mountain Creek which is classified as Water Supply II (WS -II), High Quality Waters (HOW) and Nutrient Sensitive Waters (NSW) by DWR. WS -II waters are used as sources of water supply for drinking, culinary, or food processing purposes. These waters are also protected for Class C uses including secondary recreation, wildlife, fish consumption, and aquatic life including propagation, survival and maintenance of biological integrity. NSW waters need additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. The Site topography, as indicated on the Rougemont, NC USGS 7.5 minute topographic quadrangle, shows mostly slight to moderately sloped areas throughout the Site with some steep contours along upstream reaches (Figure 3). Drainage areas for the project reaches were delineated using 2 -foot contour intervals derived from the North Carolina Floodplain Mapping Program's 2007 Light Detection and Ranging (LiDAR) data (Figure 4). Land uses draining to the project reaches are primarily managed herbaceous cover/pasture, forest, and shrub. The watershed areas and current land use are summarized in Table G.2, below. Based on Table 2-2a in Technical Release 55 (TR -55) supplied by the Natural Resource Conservation Service (NRCS, 1986) the impervious area within the project catchment at the downstream end was calculated to be 0.75 Acres or approximately 0.4% of the project catchment. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.6 Table G.2 Drainage Areas and Associated Land Use 2.4 Soils The proposed project is mapped by the Durham County Soil Survey. Project area soils are described below in Table G.3. Figure 5 provides a soil map of the Site. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.7 NC DWR Reach Stream Intermittent/ Watershed Watershed Land Use Name Identification Perennial Status Area (acres) Area (sq. mi.) Form Scores Catfish 22 Intermittent 61% forested; 33% managed Creek R1A 17 0.03 herbaceous cover/pasture; 6% Catfish 33 Perennial Shrub Creek R1B 85% forested; 13% managed Catfish N/A Perennial 54 0.08 herbaceous cover/pasture; 2% Creek R2 shrub 81% forested; 17% managed Catfish 45.25 Perennial 57 0.09 herbaceous cover/pasture; 2% Creek R3 shrub 80% forested; 18% managed Catfish N/A Perennial 63 0.10 herbaceous cover/pasture; 2% Creek R4 shrub 71% forested; 27% managed Catfish N/A Perennial 71 0.11 herbaceous cover/pasture; 2% Creek R5 shrub 55% managed herbaceous Catfish cover/pasture; 43% forested; Creek N/A Perennial 200 0.31 1% shrub; <1% Woody R6 Wetland; <1% Light Residential Area 58% managed herbaceous UT1 R1 31.5/39.5 Perennial 77 0.12 cover/pasture; 40% forested; 2% shrub 68% managed herbaceous cover/pasture; 31% forested; UT1 R2 N/A Perennial 106 0.16 1% shrub; <1% Light Residential Area 67% managed herbaceous cover/pasture; 31% forested; UT1 R3 N/A Perennial 109 0.17 1% shrub; <1% Light Residential Area 99% forested; <1% managed UT2 23.5 Intermittent 32 0.05 herbaceous cover/pasture Mountain 92% forested; 8% managed Tributary 26 Intermittent 30 0.04 herbaceous cover/pasture 2.4 Soils The proposed project is mapped by the Durham County Soil Survey. Project area soils are described below in Table G.3. Figure 5 provides a soil map of the Site. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.7 Table G.3 Project Soil Types and Descriptions Soil Name Description This soil is found on narrow flood plains with a slope of 0 to 2 percent. This soil is typically poorly drained and frequently floods. The surface layer of the Wehadkee silt loam series is loam with a thickness of about 8 inches. The subsoil of sandy clay loam has a depth of 43 inches. This soil is fairly well suited to corn and pasture. This well -drained soil is found on uplands with a slope of 15 to 25 percent. The surface layer has a gravelly silt loam of about 7 inches. The subsoil of silty Tatum gravelly silt loam clay loam has a depth of 42 inches and below with a layer of weathered bedrock. This soil is well suited to pine and hardwood forest and to pasture. Slope and the erosion resulting from runoff are the major concerns in management. This well -drained soil is found on narrow side slopes on uplands with a slope of 6 to 10 percent. It has a surface layer of reddish -brown or brown silt loam Georgeville silt loam to about 7 inches. Its subsoil is red, firm silty clay or silty clay loam to about 10 inches. Slope and the erosion resulting from runoff are the major concerns for management. These soils are about 60 percent Chewacla soil and 35 percent Wehadkee soil. These are somewhat poorly drained soils on flood plains with slopes of 0 to 2 Chewacla and Wehadkee soils percent that flood frequently. They occur as long, level areas parallel to the major streams and rivers. These soils have a surface layer of loam to about 4 inches and a subsurface layer of silty clay loam to about 26 inches. These soils are well suited to hardwood forest and pasture. Source: Soil Survey of Durham County, North Carolina, USDA-NRCS, http://www.nres.usda.gov 2.5 Geology The Site is located in the Carolina Slate Belt of the Piedmont physiographic province. The Piedmont is characterized by gently rolling, well-rounded hills with long low ridges, with elevations ranging from 300 to 1500 feet above sea level. The Carolina Slate Belt consists of metamorphosed igneous and sedimentary rock including gneiss and schist that has been intruded by younger granitic rocks (NCGS, 2013). The underlying geology of the proposed Site is mapped as late Proterozoic to Cambrian (1 billion to 500 million years in age) intermediate meta -volcanic rock (CZiv) and felsic meta -volcanic rock (CZfv) (NCGS, 1985). The intermediate meta -volcanic rock is described as metamorphosed andesitic tuffs and flows that are medium to dark grayish green in color with minor felsic and mafic meta-volcanics. The felsic meta -volcanic rock is described as metamorphosed daeitic to rhyolitic flows and tuffs that is light gray to greenish gray in color that interbedded with intermediate meta -volcanic rock. Instances of exposed bedrock along project channels are mapped on Figure 2. Source: North Carolina Geological Survey (NCGS), 2013. Mineral Resources. http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.htmINorth Carolina Geological Survey (NCGS), 1985. Geologic map of North Carolina 1:500,000 scale. 2.6 Cultural Resources and Significant Natural Heritage Areas The Site is adjacent to the Isaac Terry Sr. House and Farm that has been determined eligible for listing on the National Register with the State Historic Preservation Office, but is not currently listed (Figure 1). The archaeological site files at the North Carolina Office of State Archaeology (OSA) have not been reviewed at this time. All appropriate cultural resource agencies will be contacted for their review and comment prior to any land disturbing activity. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.8 There are five habitats that are considered Significant Natural Heritage Areas within three miles of the project location. These habitats include the Flat River Slopes above Lake Michie Natural Area, the Little River Uplands, the Little River Gorge Natural Area, the Quail Roost Oak Uplands Natural Area, and the Lake Michie Corridor Natural Area (Figure 1). 2.7 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP) databases were searched for federally listed threatened and endangered plant and animal species in Durham County, NC. Three federal listed species, the bald eagle (Hailaeetus leucocephalus), the smooth coneflower (Echinacea laevigata), and the Michaux's sumac (Rhus michauxii) are currently listed in this specific county (Table G.4). A pedestrian survey conducted on September 14, 2017, indicated that the site could provide necessary habitat for the federally protected species but none were located at the time. Wildlands will conduct a review of the Site for protected species upon award of contract. Table G.4 Federally Listed Threatened and Endangered Species in Durham County, NC Species Federal Status Habitat Vertebrate Bald eagle Near large open water bodies: lakes, BGPA (Halioeetus leucocepholus) marshes, seacoasts, and rivers Vascular Plant Smooth coneflower E Glades, woodlands, cedar barrens and open areas over mafic rocks. (Echinacea Iaevigata) Michaux's sumac E Woodland edges, woodland, sandhills and sandy forest. (Rhus michauxii) E=Endangered, BGPA= Bald and Golden Eagle Protection Act 2.8 Floodplain Compliance Mountain Creek, the receiving waters for Catfish Creek, is mapped in a Zone AE Special Flood Hazard Area (SFHA) on Durham County Flood Insurance Rate Map Panel 0827. Base flood elevations have been defined but a floodway has not been delineated. The project streams do not have designated SFHAs but the downstream 350 LF of Catfish Creek Reach 1 lies within the SFHA of Mountain Creek. Catfish Creek Reach 1 will be part of enhancement work on the site and no grading or floodplain alteration is anticipated. As a result, no 02 �:: ` hydraulic modeling is expected to be required tw'!— "- * ` for the proposed project. Wildlands will design floodplain grading within the FEMA floodplain to result in no impact to the Mountain Creek base flood elevations. Wildlands will work with the local floodplain administrator to obtain the appropriate Floodplain Development Permit for working in the Mountain Creek floodplain. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.9 2.9 Site Constraints and Access The Site includes three internal easement crossings for farm use. Crossings are detailed below. All crossings are assigned a number and summarized in Table G.5, below, and are depicted by number on Figure 6. Table G.5 Easement Breaks and Crossings Label Width (ft) Location Crossing Type Crossing 1 30 UT1 R1 Culvert Crossing 2 60 UT1 R2/R3 Culvert Crossing 3 60 Catfish Creek R3/R4 Culvert All streams proposed for mitigation credit provide the required 50 foot minimum riparian buffer for Piedmont streams. The easement area will be marked per requirements outlined in RFP 16-007279. The entire easement area can be accessed for construction, monitoring, and long term stewardship from Roxboro Road (Figure 6). Wildlands has executed an option agreement to purchase conservation easements on the property that will be conveyed to the State to provide long term protection of the mitigation site. The conservation easement agreements will ensure the right of entry abilities of Wildlands, its contractors, and the future easement holder in any future land transactions. No airports are known to exist within five miles of the Site. 3.0 Project Development The Wildlands Team proposes to restore a high quality of ecological function to the streams and riparian corridors on the Site. The project design will be developed to avoid significant adverse impacts to existing streams, wetland resources, or mature wooded vegetation. Different management objectives are proposed for different portions of the project area. These activities are discussed below and summarized in Table G.6. Figure 6 illustrates the conceptual design for the Site. 3.1 Stream Mitigation Approach Currently, the entire site is accessed directly by livestock which has resulted in significant ecological impacts to project streams. Bedrock control has prevented down cutting in many of the project reaches, but livestock wallows and trampling have resulted in local areas of instability and a reduction of bedform diversity and instream habitat. Both Catfish Creek and Mountain Tributary drain to and influence the water quality in the receiving Mountain Creek. Catfish Creek Reaches 1 and 2, UT2, and the Mountain Tributary exhibit many of the same issues. Some areas of localized scour and instability exist on these reaches but impacts are primarily related to livestock activities. Wildlands proposes Enhancement II measures for these headwater tributaries. An invasive vegetation treatment plan will be developed to reduce privet in the buffer. Cattle exclusion, spot stabilization of scour and wallow areas, and the restoration of the native riparian community will promote the reduction of nutrient and sediment inputs to the downstream reaches, including Mountain Creek. Catfish Creek Reach 3 has been extensively altered and appears to have been re -aligned during prior agricultural management activities. The reach begins above an existing farm crossing and a stable relic channel can be seen in the current left floodplain. The current channel is incised (BHR>1.5), limiting stream and floodplain interaction. Cattle have been wallowing and traveling within the stream banks resulting in complete degradation of stream bedform including the absence of riffles and pools. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.10 Wildlands proposes Priority 1 restoration for Catfish Creek Reach 3. The stream will be re-routed to the relic channel which exhibits appropriate dimension and floodplain connectivity. In -stream structures including constructed riffles will be used to re-establish bedform diversity and aquatic habitat within the relic the channel. On-site native gravel will be used to the extent available for construction of riffles. Livestock exclusion and the establishment of a native riparian buffer will reduce nutrient inputs. Catfish Creek Reach 4 begins downstream of an existing farm crossing and continues until just upstream of the existing farm pond. The floodplain vegetation is mature forest with grazed understory. Bedrock grade control has limited vertical incision, but lateral instability has developed due to cattle access. Wildlands proposes Enhancement II measures for Catfish Creek Reach 4 including cattle exclusion, spot bank stabilization, and the restoration of the native riparian community including understory species. Some in -stream structures may be installed to promote diversity of bedform features and provide aquatic habitat. Catfish Creek Reach 5 begins just upstream of an existing farm pond, flows into the impoundment, and exits the pond downstream of an existing embankment. Currently, livestock have full access to the pond. For Catfish Creek Reach 5, Wildlands proposes Restoration measures including removing the impoundment, filling and reshaping the existing valley, and replacing the pond with a natural meandering channel using Priority 1 restoration. Additionally, the restoration will remove the existing embankment and construction debris that is currently on-site. Removing the pond and replacing it with a stream with proper dimension, pattern, and profile will provides stream habitat and improve water quality in the reach. The exclusion of livestock and establishment of a native riparian buffer will reduce nutrient inputs from the surrounding agricultural fields. Catfish Creek Reach 6 exhibits effects from cattle trampling and wallowing in multiple spots along the reach. The floodplain vegetation consists of mature forest, but understory species and grasses have been heavily grazed. Bedrock features have kept the reach vertically stable but cattle access has resulted in some areas of scour and incision. For Catfish Creek Reach 6, Wildlands proposes Enhancement II measures for cattle exclusion, spot stabilization of scour areas, and the restoration of the native riparian community. UT1 Reach 1 flows onto the site from an adjacent parcel and continues to the confluence with an unnamed ephemeral tributary in the left floodplain. UT1 Reach 1 flows through a wide valley with isolated areas of erosion and scour, attributed mostly to cattle impacts. Wildlands proposes Enhancement II for UT1 Reach 1. Work will include livestock exclusion, spot bank grading to stabilize areas of erosion, and a bank grading to reconnect incised sections of the stream to the floodplain, installation of in -stream structures to improve bedform and aquatic habitat, and the re-establishment of native riparian floodplain vegetation. Additionally, there is overland flow from a small drainage that Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.11 enters into UT1 Reach 1 approximately halfway down the project reach from the left floodplain. Currently this area is damaged from livestock access. Wildlands will repair this area, leaving and encouraging the area of overland flow, creating a natural level spreader to encourage nutrient reduction. UT1 Reach 2 begins at the confluence of the ephemeral tributary and continues to an existing farm crossing. UT1 Reach 2 exhibits the effects of livestock access. Cattle trampling has resulted in a multiple thread channel with very little bedform. Wildlands proposes Priority 1 Restoration on UT1 Reach 2 which will include redefining a single thread channel with proper dimension, pattern, and profile. In addition, a riffle -pool sequence synonymous with reference streams in the area will be re-established. In -stream structures will be used to provide stability and improve aquatic and terrestrial habitat. A potential jurisdictional wetland currently exists in the right floodplain of UT1 Reach 2. Wildlands will route UTI Reach 2 adjacent to the floodplain wetland to reconnect the hydrology and encourage nutrient reduction through increased floodplain residence time. Furthermore, a small stormwater quality BMP such as a pocket wetland will be installed where the unnamed ephemeral tributary enters the project area to further reduce sediment and nutrient runoff from adjacent agricultural areas. UT1 Reach 3 begins at the downstream end of an existing stream crossing and continues until the confluence with Catfish Creek Reach 1. Similar to Catfish Creek Reach 1, UT1 Reach 3 is vertically stable based on the extensive bedrock material. Wildlands proposes Enhancement II measures for UT1 Reach 3. Major issues associated with this reach are a direct result of livestock access. Cattle exclusion and riparian buffer re-establishment will be the primary work performed on UT1 Reach 3. Wildlands will treat areas of spot erosion, but no structure or bedform work will be necessary based on the influence of bedrock on this reach. All restored and/or enhanced reaches on the project will be designed to create stable, functional stream channels. Restoration reach design will be based on reference reach and sediment transport analyses. Dimension, pattern, and profile will be designed to allow for frequent overbank flooding, provide stable bank slopes, and enable biological lift. This approach will provide hydrologic connectivity between creeks and floodplains and will also create vertical and lateral stability. Removing invasive vegetation and establishing stable bank slopes will allow for a native and diverse riparian zone to grow which will improve nutrient removal. A diverse bedform will provide habitat for an increased number of species of insects, fish, and amphibians. This diverse bedform will be established using instream structures appropriate for the geomorphic setting such as log weirs, log vanes, and constructed riffles. Hardwood trees may be able to be harvested from upland areas around the property for log and wood structures. Wildlands will begin the project by identifying the best design approach to meet the stated project objectives and implement the appropriate degree of intervention. A combination of analog, empirical, and analytical design approaches will potentially be used. Reference streams will be identified and will serve as one of the primary sources of information on which restoration designs are based. Modeling and other detailed analyses will be used as appropriate to develop or verify designs. Wildlands has developed a general approach to be used as the basis for stream restoration design. The design approach, which is tailored to each site, continues to develop as additional projects are implemented. Some of the key elements of the methods are described below. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.12 Generally, stream designs will be based on a design discharge range which, in most cases, will be an approximation of the bankfull discharge but will be selected to meet the objectives of the design. The discharge will be determined through detailed hydrologic analyses using the best available information such as local or regional stream gage records, empirical regional stream flow estimates, hydrologic modeling results, and reference stream flows. Other discharges (such as baseflow or flows to support instream habitat features) will also be considered during the design process based on the specific project objectives. The design will be refined or validated with sediment transport analysis. Areas within the conservation easement subject to livestock intrusion will be fenced as appropriate for site conditions, typically with either woven wire or four -strand barbed wire fencing, to eliminate livestock access and re-establish a native riparian buffer. Conservation easement areas not subject to livestock intrusion will be marked per DMS guidelines. Native riparian buffers a minimum of 50 feet from the proposed top of bank will be planted along all restored and enhanced streams on the Site, providing a continuous wildlife corridor from upstream forested headwaters to the downstream forested buffer of Mountain Creek. 3.2 Vegetation Plan The Site will be planted following construction of the project. The planting plan will be based on an appropriate nearby reference community and will be developed to restore appropriate strata (canopy, understory, shrub, and herbaceous layers). The canopy will be restored through planting of bare root trees. The understory and shrub layers will be restored through a combination of planting bare root, low growth species and installing live stake shrub species. The herbaceous layer will be restored by seeding the disturbed area with a native seed mix with an emphasis placed on creating good soil contact to encourage germination. 4.0 Proposed Mitigation Two options are proposed for this site. Option 1 includes 3,621 SMUs, consisting of 1,113 SMUs from restoration and 2,508 SMUs from enhancement II with an approximate 18.3 -acre easement (Table G.6a, Figure 6A). The mitigation credit calculation was derived using the US Army Corps of Engineers' Stream Mitigation Guidance and was based on Wildlands' conceptual design for maximum ecological uplift. Given the existing conditions of the stream channels, the disturbance factors, and the constraints, management objectives for each reach have been established. The management objective, the mitigation type, and proposed amount of stream mitigation is presented below. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.13 Table G.6a Mitigation Units proposed for the Catfish Pond Mitigation Site- OPTION 1 Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.14 Type of Length Mitigation Units Reach Management Objectives Ratio Mitigation (feet) (SMUs) Catfish Creek Fence out livestock, treat invasive vegetation, Enhancement Reach 1 and establish a native riparian buffer. II 460 2.5:1 184 Catfish Creek Fence out livestock, treat invasive vegetation, Enhancement Reach 2 and establish a native riparian buffer. II 630 2.5:1 252 Re -align previously straightened channel to remnant channel; restoring dimension, pattern, Catfish Creek profile, and floodplain connectivity with Priority 1 Reach 3 restoration. Improve bedform and instream Restoration 240 1:1 240 habitat by fencing out livestock and installing instream structures. Fence out livestock and repair associated Catfish Creek wallows. Stabilize spot erosion caused by cattle Enhancement Reach 4 trampling with bank grading and in -stream II 600 2.5:1 240 structure. Establish native riparian vegetation. Remove current farm pond and embankment. Restore appropriate dimension, pattern, and Catfish Creek profile using Priority 1 restoration. Create Reach 5 instream habitat by providing bedform diversity Restoration 360 1:1 360 in the form of riffles, pools, and in -stream structure. Fence out livestock and establish native riparian buffer. Fence out livestock and repair areas of spot Catfish Creek erosion due to cattle trampling with bank grading Enhancement Reach 6 and in -stream structures where appropriate. II 1,208 2.5:1 483 Treat invasive vegetation and establish native riparian buffer. Fence out livestock and repair damage from UT1 Reach 1 cattle trampling with minor grading and in- Enhancement 1,127 2.5:1 451 stream structure where necessary. Treat invasive II vegetation and establish native riparian buffer. Restore dimension, pattern, and profile through UT1 Reach 2 Priority 1 restoration. Provide BMP for nutrient Restoration 513 1:1 513 reduction. Fence out livestock, and restore an appropriate riparian buffer. UT1 Reach 3 Fence out livestock, treat invasive vegetation, Enhancement 518 2.5:1 207 and establish a native riparian buffer. II Fence out livestock, treat invasive vegetation, Enhancement UT2 and establish a native riparian buffer. II 462 2.5:1 185 Mountain Fence out livestock, treat invasive vegetation, Enhancement Tributary and establish a native riparian buffer. II 1,265 2.5:1 506 Total 7,383 - - - 3,621 SMUs Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.14 Option 2 omits work on Mountain Tributary and includes 3,115 SMUs, consisting of 1,113 SMUs from restoration and 2,002 SMUs from enhancement II with an approximate 15.4 -acre easement (Table G.6b, Figure 6B). Table G.6b Mitigation Units proposed for the Catfish Pond Mitigation Site- OPTION 2 5.0 Current Ownership The Site is located on two parcels owned by one landowner, Sybil S. Penny. An option agreement for the project area shown on Figure 6 has been signed by the property owner and a Memorandum of Option is recorded for both parcels at the Durham County Register of Deeds. The option agreement allows Wildlands to purchase a conservation easement on the property. The Memorandum of Option is valid for a minimum of 6 months from the closing date of RFP 16-007279. Wildlands will convey the conservation easement to the State to provide long term protection of the Site. The conservation Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.15 Type of Length Mitigation Units Reach Management Objectives Ratio Mitigation (feet) (SMUs) Catfish Creek Fence out livestock, treat invasive vegetation, Enhancement Reach 1 and establish a native riparian buffer. II 460 2.5:1 184 Catfish Creek Fence out livestock, treat invasive vegetation, Enhancement Reach 2 and establish a native riparian buffer. II 630 2.5:1 252 Re -align previously straightened channel to remnant channel; restoring dimension, pattern, Catfish Creek profile, and floodplain connectivity with Priority 1 Reach 3 restoration. Improve bedform and instream Restoration 240 1:1 240 habitat by fencing out livestock and installing instream structures. Fence out livestock and repair associated Catfish Creek wallows. Stabilize spot erosion caused by cattle Enhancement Reach 4 trampling with bank grading and in -stream II 600 2.5:1 240 structure. Establish native riparian vegetation. Remove current farm pond and embankment. Restore appropriate dimension, pattern, and Catfish Creek profile using Priority 1 restoration. Create Reach 5 instream habitat by providing bedform diversity Restoration 360 1:1 360 in the form of riffles, pools, and in -stream structure. Fence out livestock and establish native riparian buffer. Fence out livestock and repair areas of spot Catfish Creek erosion due to cattle trampling with bank grading Enhancement Reach 6 and in -stream structures where appropriate. II 1,208 2.5:1 483 Treat invasive vegetation and establish native riparian buffer. Fence out livestock and repair damage from UT1 Reach 1 cattle trampling with minor grading and in- Enhancement 1,127 2.5:1 451 stream structure where necessary. Treat invasive II vegetation and establish native riparian buffer. Restore dimension, pattern, and profile through Priority 1 restoration. Provide BMP for nutrient UT1 Reach 2 reduction. Fence out livestock, and restore an Restoration 513 1:1 513 appropriate riparian buffer. UTI Reach 3 Fence out livestock, treat invasive vegetation, Enhancement 518 2.5:1 207 and establish a native riparian buffer. II Fence out livestock, treat invasive vegetation, Enhancement UT2 and establish a native riparian buffer. II 462 2.5:1 185 Total 6,118 --- 3,115 SMUs 5.0 Current Ownership The Site is located on two parcels owned by one landowner, Sybil S. Penny. An option agreement for the project area shown on Figure 6 has been signed by the property owner and a Memorandum of Option is recorded for both parcels at the Durham County Register of Deeds. The option agreement allows Wildlands to purchase a conservation easement on the property. The Memorandum of Option is valid for a minimum of 6 months from the closing date of RFP 16-007279. Wildlands will convey the conservation easement to the State to provide long term protection of the Site. The conservation Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.15 easement agreement will ensure the right of entry abilities of Wildlands, its contractors, and the future easement holder in any future land transactions. Copies of the Memorandum of Option are included in the appendix. The landowner, parcel identification number, and deed book and page numbers for the Memorandum of Option are summarized in Table G.7. Table G.7 Property Owners for the Catfish Pond Mitigation Site Property Owner Parcel ID Number Memorandum of Option Deed Book (DB) and Page Number (PG) Sybil S. Penny 0827-02-67-0407 DB 8235: PG: 776-780 0827-02-58-9864 6.0 Scope of Work and Project Phasing Table G.8 describes the tasks and deliverables required by the Scope of Work outlined in RFP 16-007277. Table G.9 provides the proposed schedule for accomplishing each Scope of Work task. The Wildlands Team has experience handling tightly scheduled projects with a number of stakeholders. We understand the importance of clear communication and adherence to deadlines. We will establish additional internal deadlines to keep the project milestones on track. Each task will be staffed with the appropriate technical and management staff to ensure quality and timely completion. Table G.8 Summary Scope of Work for the Alexander Farm Mitigation Site Task # Task Name Task Summary DMS Deliverable • Secure DMS Full Delivery Landowner Authorization Form. • On-site meeting with the IRT and DMS • DMS Full Delivery Landowner Categorical to discuss concepts of the mitigation Authorization Form. 1 Exclusion plan and identify concerns. Documentation • Conduct an environmental screening to • 2 hard copies, 1 electronic copy identify threatened/endangered Categorical Exclusion document. species, environmental, or cultural issues on the Site. • 5 preliminary review items outlined in Conservation •Create conservation easement the RFP, submitted electronically. documents and plats. 2 Easement •Close and record the conservation • 7 final deliverables outlined in the RFP, Recordation submitted electronically and 1 hard easement. copy accompanied by a compact disc. • 3 hard copies and 1 electronic "Draft" Mitigation Plan. Mitigation Plan •Develop asite-specific mitigation plan, • 5 hard copies and 1 electronic "Final (Final Draft) and appropriate for the Site. Draft" Mitigation Plan. 3 Financial •Revise per DMS and IRT review • Performance Bond (may be retired Assurance comments. after completion of Task 6) • 2 Completed PCN forms, 6 hard copies and 1 electronic copies of the "Final" Mitigation Plan. • Secure all necessary permits and/or • 1 hard copy of approved permits prior 4 Permitting and certifications for Site construction. to beginning earthwork. Earthwork • Written notification of earthwork •Construct the Site. completion. Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.16 Task # Task Name Task Summary DMS Deliverable Completion Mitigation Site (from date of NTP) February 1, 2018) Planting and • Complete planting of Site. • Written notification of planting and 5 Installation of • Install monitoring devices. monitoring device installation 1 year, 6 months Monitoring • Install easement markers and signage. completion. Devices 2 years, 1 months March 1, 2020 Task 5. Mitigation Site Planting & Installation of Monitoring Baseline •Conduct baseline monitoring. • 3 hard copies of "Draft" Baseline Monitoring Report • Perform as -built survey. Monitoring Document and As -Built 6 (Including As -Built • Prepare baseline monitoring drawings. Task 7. Submit Monitoring Report #1 to DMS* Drawings) document. . 3 hard copies and 1 electronic copy of 3 years, 10 months Approved by DM .Prepare as -built survey drawings. "Final" Baseline Monitoring DocumentS November 30, 2022 Task 10. Submit Monitoring Report #4 to DMS* 5 years, 10 months and As -Built drawings. 7 Monitoring Year 1 • Monitor the Site. • 5 hard copies and 1 electronic copy of • prepare the monitoring report. the annual monitoring report. 8 Monitoring Year 2 • Monitor the Site. • 5 hard copies and 1 electronic copy of • prepare the monitoring report. the annual monitoring report. 9 Monitoring Year 3 • Monitor the Site. • 5 hard copies and 1 electronic copy of • prepare the monitoring report. the annual monitoring report. 10 Monitoring Year 4 • Monitor the Site. • 5 hard copies and 1 electronic copy of • prepare the monitoring report. the annual monitoring report. 11 Monitoring Year 5 • Monitor the Site. • 5 hard copies and 1 electronic copy of • prepare the monitoring report. the annual monitoring report. 12 Monitoring Year 6 • Monitor the Site. • 5 hard copies and 1 electronic copy of • prepare the monitoring report. the annual monitoring report. • Monitor the Site. • 5 hard copies and 1 electronic copy of Monitoring Year 7 • prepare the monitoring report. the annual monitoring report. 13 and Close -Out . Prepare closeout report. • 5 hard copies and 1 electronic copy of Process . Attend closeout meetings. the closeout report. Table G.9 Project Schedule for the Catfish Pond Mitigation Site Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.17 Proposed Time to Proposed Completion Project Milestone Completion Date (assuming NTP on (from date of NTP) February 1, 2018) Task 1. CE Document 3 months May 1, 2018 Task 2. Submit Recorded Conservation Easement on the Site 1 year, 6 months August 1, 2019 Task 3. Mitigation Plan Approved by DMS and Financial 1 year, 6 months August 1, 2019 Assurance Task 4. Mitigation Site Earthwork Completed 2 years, 1 months March 1, 2020 Task 5. Mitigation Site Planting & Installation of Monitoring 2 years, 3 months May 1, 2020 Devices Task 6. Baseline Monitoring Report (Including As -Built 2 years, 5 months July 1, 2020 Drawings) Approved by DMS Task 7. Submit Monitoring Report #1 to DMS* 2 years, 10 months November 30, 2020 Task 8. Submit Monitoring Report #2 to DMS* 3 years, 10 months November 30, 2021 Task 9. Submit Monitoring Report #3 to DMS* 4 years, 10 months November 30, 2022 Task 10. Submit Monitoring Report #4 to DMS* 5 years, 10 months November 30, 2023 Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.17 *Meets success criteria (schedule progression has been developed assuming that the site meets success criteria each monitoring year) 7.0 Performance Standards and Monitoring Plan The performance criteria for the Site will follow approved performance criteria presented in the DMS Stream and Wetland Mitigation Plan Template and Guidance (June 2017), and the October 2016 IRT Mitigation Monitoring Guidance. Annual monitoring and semi-annual site visits will be conducted to assess the condition of the completed project. The stream restoration sections of the project will be assigned specific performance criteria components for hydrology, vegetation, and geomorphology. The stream Enhancement II reaches will be assigned specific performance criteria components for vegetation only. Performance criteria will be evaluated throughout the (up to) seven years of post - construction monitoring. If all performance criteria have been successfully met and at least four bankfull events have occurred during separate years, Wildlands may propose to terminate stream and/or vegetation monitoring after five years with written approval from the Army Corps of Engineers and North Carolina Interagency Review Team. An outline of the performance criteria components follows. 7.1 Stream Morphological Parameters and Channel Stability Dimension Riffle cross sections on the restoration reaches should be stable and should show little change in bankfull area, bank height ratio, and width -to -depth ratio. Riffle cross sections should fall within the parameters defined for channels of the appropriate stream type. If any changes do occur, these changes will be evaluated to assess whether the stream channel is showing signs of instability. Changes in the channel that indicate a movement toward stability or enhanced habitat include a decrease in the width - to -depth ratio in meandering channels or an increase in pool depth. Remedial action would not be taken if channel changes indicate a movement toward stability. In order to assess channel dimension performance, permanent cross sections will be installed per the IRT Mitigation Monitoring Guidelines (October 2016). Each cross section will be permanently marked with pins to establish its location. Cross section surveys will include points measured at all breaks in slope, including top of bank, bankfull, edge of water, and thalweg. Cross section and bank pin surveys (if applicable) will be conducted in monitoring years one, two, three, five, and seven. Profile and Pattern Longitudinal profile surveys will be conducted during the as -built survey, but will not be conducted during the seven-year monitoring period unless other indicators during the annual monitoring indicate a trend toward vertical and lateral instability. If a longitudinal profile is deemed necessary, monitoring will Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.18 Proposed Time to Proposed Completion Project Milestone Completion Date (assuming NTP on (from date of NTP) February 1, 2018) Task 11. Submit Monitoring Report #5 to DMS* 6 years, 10 months November 30, 2024 Task 12. Submit Monitoring Report #6 to DMS* 7 years, 10 months November 30, 2025 Task 13. Submit Monitoring Report #7 to DMS* and 8 years, 10 months November 30, 2026 complete Close -Out Process *Meets success criteria (schedule progression has been developed assuming that the site meets success criteria each monitoring year) 7.0 Performance Standards and Monitoring Plan The performance criteria for the Site will follow approved performance criteria presented in the DMS Stream and Wetland Mitigation Plan Template and Guidance (June 2017), and the October 2016 IRT Mitigation Monitoring Guidance. Annual monitoring and semi-annual site visits will be conducted to assess the condition of the completed project. The stream restoration sections of the project will be assigned specific performance criteria components for hydrology, vegetation, and geomorphology. The stream Enhancement II reaches will be assigned specific performance criteria components for vegetation only. Performance criteria will be evaluated throughout the (up to) seven years of post - construction monitoring. If all performance criteria have been successfully met and at least four bankfull events have occurred during separate years, Wildlands may propose to terminate stream and/or vegetation monitoring after five years with written approval from the Army Corps of Engineers and North Carolina Interagency Review Team. An outline of the performance criteria components follows. 7.1 Stream Morphological Parameters and Channel Stability Dimension Riffle cross sections on the restoration reaches should be stable and should show little change in bankfull area, bank height ratio, and width -to -depth ratio. Riffle cross sections should fall within the parameters defined for channels of the appropriate stream type. If any changes do occur, these changes will be evaluated to assess whether the stream channel is showing signs of instability. Changes in the channel that indicate a movement toward stability or enhanced habitat include a decrease in the width - to -depth ratio in meandering channels or an increase in pool depth. Remedial action would not be taken if channel changes indicate a movement toward stability. In order to assess channel dimension performance, permanent cross sections will be installed per the IRT Mitigation Monitoring Guidelines (October 2016). Each cross section will be permanently marked with pins to establish its location. Cross section surveys will include points measured at all breaks in slope, including top of bank, bankfull, edge of water, and thalweg. Cross section and bank pin surveys (if applicable) will be conducted in monitoring years one, two, three, five, and seven. Profile and Pattern Longitudinal profile surveys will be conducted during the as -built survey, but will not be conducted during the seven-year monitoring period unless other indicators during the annual monitoring indicate a trend toward vertical and lateral instability. If a longitudinal profile is deemed necessary, monitoring will Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.18 follow standards as described in the USFS Stream Channel Reference Guidance (Harrelson et. Al 1994) for the necessary reaches. Substrate Substrate materials in the restoration reaches should indicate a progression towards or the maintenance of coarser materials in the riffle features and smaller particles in the pool features. However, natural variations in pool and riffle substrate is expected as a result of sediment transport processes in steeper sloped channels. A reach -wide pebble count will be performed in each restoration reach each year for classification purposes. A wetted pebble count will be performed during the baseline survey at surveyed riffles to characterize the pavement. 7.2 Hydrology Stream Four bankfull flow events, occurring in separate years, must be documented on the restoration reaches within the seven-year monitoring period. Stream monitoring will continue until success criteria in the form of four bankfull events in separate years have been documented. Bankfull events will be documented using photographs and either a crest gage or a pressure transducer, as appropriate for Site conditions. The selected measurement device will be installed within a surveyed riffle cross section. The device will be checked at each site visit to determine if a bankfull event has occurred. Photographs will also be used to document the occurrence of debris lines and sediment deposition. A pressure transducer will be installed in the thalweg of the channel to document 30 consecutive days of baseflow within intermittent streams. The pressure transducer data will be plotted and included in the annual monitoring reports. 7.3 Vegetation The final vegetative success criteria will be the survival of 210 planted stems per acre in the riparian corridor at the end of the required monitoring period (year seven). The interim measure of vegetative success for the site will be the survival of at least 320 native species stems per acre at the end of the third monitoring year and at least 260 stems per acre at the end of the fifth year of monitoring. If this performance standard is met by year five and stem density is trending towards success (i.e., vigor), and invasive species are not threatening ecological success, monitoring of vegetation on the Site may be terminated with written approval by the USACE in consultation with the IRT. The extent of invasive species coverage will also be monitored and controlled as necessary throughout the required monitoring period. Vegetation monitoring quadrants will be installed across the Site to measure the survival of the planted trees. The number of monitoring quadrants required and frequency of monitoring will be based on the October 2016 IRT Mitigation Monitoring Guidance. Vegetation monitoring will occur in the summer and will follow the CVS-EEP Protocol for Recording Vegetation (2008) or another DMS approved protocol. 7.4 Other Parameters Photo Reference Stations Photographs should illustrate the Site's vegetation and morphological stability on an annual basis. Cross section photos should demonstrate no excessive erosion or degradation of the banks. Longitudinal photos should indicate the absence of persistent bars within the channel or vertical incision. Grade control structures should remain stable. Deposition of sediment on the bank side of vane arms is preferable. Maintenance of scour pools on the channel side of vane arms is expected. Photographs will be taken once a year to visually document stability for seven years following construction. Permanent markers will be established and located with GPS equipment so that the same Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.19 locations and view directions on the Site are photographed each year. Photos will be used to monitor restoration and enhancement areas as well as vegetation plots. Longitudinal reference photos will be established along the channel by taking a photo looking upstream and downstream. Cross sectional photos will be taken of each permanent cross section looking upstream and downstream. Reference photos will also be taken for each of the vegetation plots. Representative digital photos of each permanent photo point, cross section, and vegetation plot will be taken on the same day the stream and vegetation assessments are conducted. The photographer will make every effort to consistently maintain the same area in each photo over time. Visual Assessments Visual assessments should support the specific performance standards for each metric as described above. Visual assessments will be performed along stream reaches on a semi-annual basis during the seven- year monitoring period. Problem areas will be noted such as channel instability (e.g. lateral and/or vertical instability, instream structure failure/instability and/or piping, headcuts), vegetation health (e.g. low stem density, vegetation mortality, invasive species, or encroachment), beaver activity, or livestock access. Areas of concern will be mapped and photographed and will be accompanied by a written description in the annual report. Problem areas will be re-evaluated during each subsequent visual assessment. Should remedial actions be required, a plan of action will be provided in the annual monitoring report. Benthic Macroinvertebrates If required by DWR as part of the project's permitting process, benthic macroinvertebrate sampling will be performed on the restored site. Any required sampling will be performed using DWR Standard Operating Procedures for Benthic Macroinvertebrates (October 2012). 7.5 Reporting Performance Criteria Using the DMS Baseline Monitoring Report Template (June 2017), a baseline monitoring document and as -built record drawings of the project will be developed for the constructed Site. Complete monitoring reports will be prepared in the fall of monitoring year one, two, three, five, and seven and submitted to DMS. In monitoring years four, and six, a summary of the site conditions along with photos, current condition plan view (CCPV) map, and applicable hydrology data will be prepared and submitted to DMS. Annual monitoring reports will be based on the DMS Annual Monitoring Report Template (June 2017). The monitoring period will extend seven years beyond completion of construction or until performance criteria have been met. 7.6 Maintenance and Contingency Plans The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial actions in the event that the site or a specific component of the site fails to achieve the success criteria outlined above. The project -specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria specified previously, and will include a work schedule and updated monitoring criteria (if applicable). Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.20 8.0 Quality Control The Wildlands Team takes pride in the quality of services that we deliver to our clients. We strive to exceed our clients' aA,Dr expectations. To maintain the highest level of quality, Wildlands has an established Quality Assurance/Quality Control (QA/QC) protocol that every member of our staff Exbtmg c°naln°"s oa,r R%parede ;are � y follows. At the beginning of a project, the necessary level of QA/QC is Report -EEP C.—p-1 Plan Prep e e Date R� determined based on the size and complexity of the project. At oes,gnoe"„°pme"t��°eP a minimum, the project manager and an assigned QA/QC Prepared By Dak R!° ed By Dab manager will function to control the quality of the project. The Pei ad"°'°°°'"° o� ""dm"°""`'`°mp"b' Rn'i—By Dab project manager provides day-to-day QA/QC and may assign P­­Plansfor MXl°all°a Pla"R°petl Prepa retl Ey task leaders to provide task -specific quality control (QC) Rn'ieve0 By 'Jab —,m°,&Etas°nOm,mlFemltAppll°e functions. The QA/QC manager is a knowledgeable senior staff R=1 ?are member who is not assigned to function in a lead capacity on .eaP'ad� other areas of the project. This provides the QA/QC manager Pla" °mple Frepereo EV objective views of the quality of work. Fl ­ons '—p—)l Our QC program includes established procedures for processes Frep retl By ReV1 ° specnicaiens compiot°I performed from project inception through implementation and monitoring of the project. For example, Wildlands has FrePa'reaD, D'. developed standardized checklists and pre -defined procedures ,Ina,s,pgo„ for activities such as field surveys of stream cross-sections and profiles, pebble counts, benthic surveys, bank stability assessments, natural channel design, permitting, contract document preparation, post -construction baseline survey, and post construction monitoring. The checklists are largely based on the most current DMS guidelines to ensure that all required information is included in the correct format. Task leaders assigned for each activity train project team members in the application of these procedures. The task leaders assist the project manager by providing day-to-day QC functions, such as establishing clear decisions and directions to team members in the field, checking the completeness and accuracy of checklists, constant supervision, and documentation of all decisions, assumptions, and recommendations. The role of the project manager in QC is to monitor and maintain project schedule and budget, address any concerns the client may have, constantly assess company resources, and review all of the checklists. During the conceptual and preliminary design stages, the project manager and the task leader will perform a review of the design data, plans, technical specifications, and construction estimate for accuracy, correct approach, and general overall quality of the product before submission to the client. Sediment sampling, groundwater gage monitoring, and pressure transducer surface flow monitoring are frequently used during the design phase to validate the design criteria and analytical models. The project manager will perform a similar review at final design as will the QA/QC manager. During the construction phase, the project manager and the construction task manager will regularly meet to provide updates and discuss any issues. The goal of the QC process is to provide the highest quality product to our client by completing tasks correctly the first time. By completing procedural processes once, Wildlands helps ensure that we deliver the best products at a minimum cost to our clients. QA is performed to confirm that the QC program is effectively practiced, and to provide feedback on further developments needed in the QC program. The QA/QC manager leads the QA program; however, the project manager, task leaders, and project team staff also play large roles. It is each person's Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.21 responsibility to notify the QA/QC manager whenever discrepancies and inefficiencies are found in the set of procedural activities that make up the QC process. The objective of QA is the continual improvement of the total delivery process to enhance quality, productivity, and customer satisfaction. We are continually improving the QC process so that our latest products and services are better than the previous ones. 8.1 Deliverables The project schedule is established during the scoping phases of a project and it is the project manager's responsibility to maintain the schedule. A work plan is developed at the outset of a project and shared internally with team members so that milestone deadlines and work requirements are clearly outlined. Review time is built into this internal schedule to ensure that adequate review takes place. The QA form, which is maintained by the QA/QC manager, is established at the beginning of the project and is maintained throughout the life of the project. Reviews of technical data, design parameters, reports, plan sheets, hydraulic models, and supporting calculations are tracked on the form. Included on this form are requirements that a professional staff member, who is not involved in the project on a day-to-day basis, review the design calculations, hydraulic models, reports, plans, and all other types of project deliverables. Conformance with DMS report templates and a final grammar/spelling/formatting review are also integrated into the QA review process. 8.2 Construction Wildlands team members are familiar with the policies, procedures, and practices necessary to construct natural channel design and stream mitigation projects. Wildlands has provided construction administration and observation services of over 46 miles of stream work and 163 acres of wetland work. We believe that project implementation is the ultimate key to a successful project and, to achieve this, it is extremely important to have our most experienced staff members involved on all construction projects. Our team knows how to oversee construction so that the project is completed on time and in compliance with all federal, state, and local permits. Several members of the proposed project team have assisted with construction services for the DMS restoration sites, many of which have performed successfully for three years or more: Table G.10 Wildlands Team Member Construction Oversight Experience c ++ 7 (U0 MM W a Q d r o Project Details Falling Creek Mitigation Site 18,896 SMUs; 59.6 WMUs x x x Vile Creek Mitigation Site 5,146 SMUs; 5.8 WMUs x Little Troublesome Mitigation Site 4,900 SMUs, 12.7 WMUs x x Agony Acres Mitigation Site 6,488 SMUs; 3.0 BMUs x x Devil's Racetrack Mitigation Site 18,527 SMUs; 67.0 WMUs x x Candy Creek Mitigation Site 15,456 SMUs x x Crooked Creek #2 Restoration Project 5,672 LF; 12.4 acres of wetland x Martin Dairy Mitigation Site 2,000 SMUs x x x Foust Mitigation Site 4,708 SM Us; 3.3 WMUs x x Mud Lick Creek Mitigation Site 2,938 SM Us x Catfish Pond Mitigation Site - PART G Wildlands Engineering, Inc. Page G.22 RFP Number: RFP 16-007279 Vendor: Wildlands Engineering, Inc. Nothing Compares-,-,. NORTH CAROLINA STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Request for Proposal #: 16-007279 Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 Of The Neuse River Basin As Described In The Scope Of Work Date of Issue: June 21, 2017 Proposal Opening Date: September 21, 2017 At 2:OOPM ET Direct all inquiries concerning this RFP to: Kathy Dale DMS Purchasing Agent Email: kathy.dale@ncdenr.gov Phone: (919) 707-8451 Ver: 9/30/16 Page 1 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ``Nothing Compares. NORTH CAROLINA STATE OF NORTH CAROLINA Request for Proposal # 16-007279 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: 56-0651376 Federal ID Number or Social Security Number Wildlands Engineering, Inc. Vendor Name Ver: 9/30/16 Page 2 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. STATE OF NORTH CAROLINA 1C. Department of Environmental Quality Division of Mitigation Services Refer dl I Inquiries regarding this RFP Request for Proposal # 16.007279 to: Kathy Dale Proposals will be publicly opened: September 21, 2017 @ 2:00 pm Contract Type: Open Market Commodity No, and Description: 962-73 Restoration / Reclamation Services of Land and other Properties Entail: kathv.daleftncdenr.aov TOLL FREE TEL. NO: Using Agency: Division of Mitigation Services Phone: 919-707-8451 Requisition No.: N/A EXECUTION In compliance with this Request for Proposals, 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. VENDOR: Wildlands Engineering, Inc. STREET ADDRESS: P.O. BOX: ZIP: 1430 S. Mint Street Suite 104 n/a 28203 CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: Charlotte, NC 28203 (704) 332-7754 n/a PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): n/a PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OFVENDOR: FAX NUMBER: Shawn D. Wilkerson, President (704) 332-3306 VEN 'S AUTHORIZED SIGNATURE: DATE: EMAIL: 09/21/2017 swilkerson wildlandsen .com Offe lid 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 accepted and Contract awarded this _day of 20_, as indicated on the attached certification, by (Authorized Representative of DEQ). Ver: 9/30/16 Page 3 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ADMINISTRATIVE TERMS..................................................................................................... 18 Table of Contents REQUEST FOR PROPOSAL DOCUMENT............................................................................. 1.0 PURPOSE AND BACKGROUND............................................................................................... 5 2.0 VENDOR INFORMATION..........................................................................................................5 PRICING................................................................................................................................. 2.1 MANDATORY PRE -PROPOSAL CONFERENCE.....................................................................5 ACCEPTANCE OF WORK........................................................................................................18 2.2 PROPOSAL QUESTIONS.........................................................................................................6 DOWNWARD PAYMENT ADJUSTMENTS............................................................................. 2.3 PROPOSAL SUBMITTAL..........................................................................................................6 INVOICES............................................................................................................................... 2.4 PROPOSAL CONTENTS.......................................................................................................... 8 2.5 IMPORTANT INFORMATION AND RESTRICTIONS.............................................................. 10 2.6 REQUIRED TEMPLATES FOR THIS RFP.............................................................................. 10 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS............................................................ 10 3.0 SCOPE OF WORK.................................................................................................................. 14 3.1 OBJECTIVES.......................................................................................................................... 14 3.2 TASKS.................................................................................................................................... 15 3.3 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES ........................................... 18 4.0 ADMINISTRATIVE TERMS..................................................................................................... 18 4.1 REQUEST FOR PROPOSAL DOCUMENT............................................................................. 18 4.2 CONTRACT TERM................................................................................................................. 18 4.3 PRICING................................................................................................................................. 18 4.4 ACCEPTANCE OF WORK........................................................................................................18 4.5 DOWNWARD PAYMENT ADJUSTMENTS............................................................................. 19 4.6 INVOICES............................................................................................................................... 19 4.7 PAYMENT TERMS................................................................................................................. 19 4.8 PERFORMANCE OUTSIDE THE UNITED STATES............................................................... 19 4.9 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 19 4.10 INTERPRETATION OF TERMS AND PHRASES.................................................................... 20 5.0 PROPOSAL EVALUATION PROCESS AND METHOD OF AWARD ...................................... 20 5.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION.......... 20 5.2 PROPOSAL OPENING PROCESS.............................................................................20 5.3 EVALUATION PROCESS....................................................................................................... 21 5.4 EVALUATION CRITERIA........................................................................................................ 21 5.5 METHOD OF AWARD............................................................................................................. 22 6.0 REQUIREMENTS................................................................................................................... 22 6.1 FINANCIAL STABILITY...........................................................................................22 6.2 FINANCIAL ASSURANCE....................................................................................................... 22 6.3 REFERENCES.......................................................................................................23 6.4 ACCESS TO PERSONS AND RECORDS.............................................................................. 23 6.5 BACKGROUND CHECKS.......................................................................................................23 6.6 SUBSTITUTION OF PERSONNEL.......................................................................................... 23 Ver: 9/30/16 Page 4 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 6.7 VENDOR REPRESENTATIONS..............................................................................................23 7.0 CONTRACT ADMINISTRATION.............................................................................................24 7.1 PROJECT MANAGER AND CUSTOMER SERVICE...............................................................24 7.2 REPORTS.............................................................................................................24 7.3 DISPUTE RESOLUTION.........................................................................................................24 7.4 CONTRACT CHANGES..........................................................................................24 7.5 CONTRACT ADMINISTRATOR..............................................................................................24 ATTACHMENT A: INSTRUCTIONS TO VENDORS..........................................................................25 ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS ........... 28 ATTACHMENT C: PRICING..............................................................................................................32 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR............................................33 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION....................................................34 ATTACHMENT F: ADDITIONAL VENDOR INFORMATION......................................................35 ATTACHMENT G: CERTIFICATION OF ELIGIBILITY- IRAN DIVESTMENTACT ..........................36 ATTACHMENT H: TARGET LOCAL WATERSHED MAPS........................................................37 ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET................................................39 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. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 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. 2.0 VENDOR INFORMATION 2.1 MANDATORY PRE -PROPOSAL CONFERENCE A MANDATORY PRE -PROPOSAL CONFERENCE will be held to clarify all information contained within this Request for Proposals (RFP) and to provide information relative to specific requirements. Vendor and/or his representative must attend the scheduled Mandatory Pre -proposal Conference. 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. Ver: 9/30/16 Page 5 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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 to be a 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. Pre -proposal Conference Location 1 Date 1 Time Details: Location: North Carolina Department of Environmental Quality 217 West Jones Street, Suite 1210 Raleigh, NC 27603 Date: July 14, 2017 Start Time: 2:00 PM 2.2 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 all such questions by 5:00 PM on Friday, July 21, 2017. Written questions shall be e-mailed to kathv.dale anncdenr.aov by the date and time specified above. Vendors should enter "RFP #16-007279: Questions" as the subject for the email. Contact with anyone working for or with the State regarding this RFP other than the person 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. 2.3 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein. IF DELIVERED BY "US POSTAL SERVICE" Address as below: RFP # 16-007279 NC DEQ -DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE 1652 MAIL SERVICE CENTER RALEIGH NC 27699-1652 IF DELIVERED BY ANY OTHER MEANS (UPS/FEDEX/ETC.) Address as below: RFP # 16-007279 NC DEQ -DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE 217 WEST JONES STREET, SUITE 3409-J RALEIGH NC 27603 IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have therho op sal physically in this Office by the specified time and date of openina. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made Ver: 9/30/16 Page 6 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. Note that the U.S. Postal Service generally does not deliver mail to specified street address but to the State's Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency's purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this RFP shall NOT be accepted. Vendors must follow the steps below when submitting their bid: a) Submit two (2) signed, original executed Technical Proposal responses and five (5) photocopies (All 7 Must Be Placed in separate 3 Ring Binders or Notebooks and Include Section Tabs). Original responses must be labeled. b) Submit two (2) redacted electronic (Proprietary and Confidential Information Excluded) copies of the executed Technical Proposal on USB flash drives 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 Technical Proposal must list any proprietary information identified as confidential and proprietary in accordance with Attachment A, Paragraph 11 of the Instructions to Vendors. The Division of Mitigation Services, in responding to public records requests, will release the information on this disc. It is the sole responsibility of the Vendor to ensure that this drive complies with the requirements of A, Paragraph 11 of the Instructions to Vendors. c) Submit one (1) read-only USB flash drive containing the ArcGIS format of the boundaries of the proposed project. The flash drive should be clearly marked as "ArcGIS". The boundary can be the proposed easement(s), or general project area. NCDMS expects that the submitted file will match closely the project area(s) shown in the project proposal location map. The file must be in ArcGIS format and must be projected in the State Plane Coordinate System (NAD 83) using a base unit of meters or fee. It is preferred that the *.prj file holding the coordinate system information be included in the file. The table for the ArcGIS file must contain the following: • Site—Name- (List as named in proposal report) • Company- (Vendor) • Project—Type- (Stream, Wetland, Buffer or Combination) • Coordinate—System- (SP Meters or SP Feet) Ownership of the flash drives and the contents become the property of NCDEQ-DMS d) 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 subjectto rejection unless submitted with the information above included on the outside of the sealed proposal package. 3) Submit two (2) signed, original executed cost proposal responses and two (2) photocopies (All 4 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. Ver: 9/30/16 Page 7 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 2.4 PROPOSAL CONTENTS Vendors shall complete all the attachments in 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 and separated by tabs: 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 must be specifically described in this section. 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) and the firm's multidisciplinary approach to the project. 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 including sub -vendors and DBE/HUB participation. 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) and/or Local Watershed Plan (LWP) applicable to the project area, and the objectives that will be used to accomplish those goals. RBRPs and LWPs can be found at: http://deg.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 near 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) preferably with topographic background that includes mapping of channel stability features (i.e. Incision, bank instability, the occurrence of bedrock) and any relevant features which have implications for describing impairments (e.g. ditching) and/or support the proposed level of intervention. The map should also include a table which provides a reach description. • Project Development — Describe in detail how the proposed changes will be made. Identify individual project reaches and the specific method in which the mitigation will be completed. 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 for each reach. Submittals for restoration of both intermittent and perennial streams must provide sufficient documentation and discussion of the net gain in function resulting from the proposed level of restoration as compared to other levels of restoration. Modification of pattern, dimension and profile should not be assumed to be the appropriate level of restoration for all degraded streams. The project development description must include: ■ Where restoration is appropriate, Priority I restoration is strongly encouraged. It is understood that Priority II restoration will sometimes be necessary for tie-ins and transitions, but if it is proposed as the overall Ver: 9/30/16 Page 8 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. design approach for a given reach then at a minimum it must meet the criteria described in the technical score sheet for this RFP. ■ 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 will therefore be awarded more points on the Technical Proposal Evaluation Form. 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 types and credits. The table should include a total for each type of mitigation (i.e. restoration, enhancement, preservation, etc.) being offered. If multiple options are proposed, a table for each option should be provided. 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. Based on the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations — Section 332.7 Management, 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 six (6) months from the closing date of this RFP or other suitable documentation of real property 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 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 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 shall not exceed a total of 50 pages printed front to back (100 -nage limit) and shall be submitted within a three ring binderwith 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: INSTRUCTIONS TO VENDORS i) ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS j) ATTACHMENT C: PRICING (Completed, Signed and Separately Sealed) k) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR (Completed and Signed) 1) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION (Completed and Signed) m) ATTACHMENT F: ADDITIONAL VENDOR INFORMATION (Completed) n) ATTACHMENT G: IRAN DIVESTMENT ACT CERTIFICATION (Completed) Ver: 9/30/16 Page 9 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 0) ATTACHMENT H: TARGETED LOCAL WATERSHEDS & WATERSHED MAP P) ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET (Completed) 2.5 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 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 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 for this RFP. As stated in Section 3.3, Task 2 of this RFP, long term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina as defined in the Federal Code of Regulations (Federal register/Vol. 73, No. 70/Thursday, April 10, 2008/Rules and Regulations — Section 332.7 Management). 2.6 REQUIRED TEMPLATES FOR THIS RFP (Must use latest templates, found on DMS website) http://deg.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-tem plates 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Adjusted Credit Cost — The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credits, 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. BAFO- Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency. 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 Ver: 9/30/16 Page 10 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. Categorical Exclusion Action Form and Document — An abbreviated environmental document, prefaced by an Action Form, that briefly describes the mitigation site, the plan for its implementation, and documents that it will have minimal or no impact on the environment. 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: htta://dea.nc.aov/about/divisions/coastal-manaaement 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 a landowner can 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. Contract Lead- Representative of the Division of Mitigation Services who corresponds with potential Vendors to identify and contract with that Vendor providing the greatest benefit to the State and who will administer this contract for the State. 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. DOA/P&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 or another pre -approved method. 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 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 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://deg.nc.gov/about/divisions/water-resources 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 http://deg.nc.gov/about/divisions/mitigation-services/dms-planning/watershed- planning-documents Long Term Protection — Defined in the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations — Section 332.7 Management, the Long Term Protection of a mitigation site Ver: 9/30/16 Page 11 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. may be provided through real estate instruments such as conservation easements held by entities such asfederal, 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 (USAGE) — 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. 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 1 st 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 closing date/time. On -Time Delivery- The delivery of all items to the receiving point designated by the delivery time required. 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://deg.nc.gov/about/divisions/water-resources 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. Prior Converted Cropland — Areas defined by the Natural Resources Conservation Service (Section 512.15 of the National Food Security Act Manual, August 1988) as wetlands which were both manipulated (drained or otherwise physically altered to remove excess water from the land) and cropped before 23 December 1985, to the extent that they no longer exhibit important wetland values. 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. (Technical Score) 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 — A determination by the USACE district engineer in consultation with the IRT, 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). Ver: 9/30/16 Page 12 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. RFP — Request for Proposals; the document issued by the Department to solicit Proposals from interested Vendors. 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 clearly 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. 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) — A unique or substantial important asset, opportunity, or function located within a defined area. TRAs can include targeted assets or targeted opportunities. These are identified by analyzing spatial data representing assets, problems, and opportunities that manifest as patches of significance at a smaller scale than the 12- or 14 -digit hydrologic units. These are analogous to TLWs; however, 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 individualsjoin 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 - 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. Wetland Preservation - 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 orfunctions. Wetland Restoration - 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. Ver: 9/30/16 Page 13 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. Wetland Re-establishment — 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 — The manipulation of the physical, chemical and biological characteristics of a site with the goal of returning most, if not all 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. 3.0 SCOPE OF WORK 3.1 OBJECTIVES The Department desires to acquire 25,000 Stream, 26.00 Riparian Wetland and 15.00 Non -Riparian Wetland Mitigation credits within the service area (see Attachment H) for Cataloging Unit 03020201 of the Neuse River Basin. River Basin Cataloging Unit Stream Credits Riparian Wetland Credits Non -Riparian Wetland Credits NEUSE 03020201 25,000 26.00 15.00 SPECIAL CONDITIONS: Temperature regime: N/A No more than 10% of the total linear feet of stream offered for mitigation can be stream preservation. Wetlands: Riparian Wetlands must be made up of at least 70% restoration. Non -Riparian Wetlands must be made up of 100% restoration. DMS is not seeking Riparian Buffer credits at this time. On the Cost Proposal form (Attachment C), there is a line for an optional riparian buffer credit cost. If DMS has a riparian buffer credit need during the contracted project lifetime, an amendment can be made to the contract payable to the contracted vendor for the amount per credit delivered (and accepted by DWR) as indicated by the optional cost. Vendors must provide an optional cost for Riparian Buffer credits if they wish DMS to purchase these credits from the vendor. Mitigation Information and Restrictions 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 USACOE 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. Ver: 9/30/16 Page 14 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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). 3.2 TASKS TASK 1 DMS requires two (2) hard copies and one electronic copy of the deliverables for Task 1: a) Conduct an on-site meeting with the IRT and DMS to discuss basic concepts of the proposed mitigation plan and identify concerns or issues related to that plan. Concerns or issues identified must be addressed prior to conveyance of the conservation easement or development of the formal mitigation plan. b) Conduct an environmental screening to identify/survey potential protected species, archaeological sites, historical architecture structures, contamination, etc. of the site. c) In addition, in accordance to USACE requirements, the Vendor will provide a signed and dated DMS Full Delivery Landowner Authorization Form for each parcel AFTER contract has been awarded and prior to the post contract on-site meeting with the IRT. TASK 2 Property The Contractor shall electronically send the following five (5) items to the DMS Project Manager and State Property Office (SPO) Manager Blane Rice (Blane.Rice(a)doa.nc.gov) for review: Draft Conservation Easement in Microsoft word document form • Use the 9/4/2014 conservation easement template. • The contractor 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 must mimic the boundary provided within the technical proposal within reason. Any variations must be communicated to the DMS Project Manager. • The Contractor must provide a copy of the conservation easement to the landowner, and be aware of tax implications such as NC General Statute 105-277.4 which addresses county agricultural deferred taxes that may be incurred at closing. Preliminary Survey Plat in Adobe PDF form • All surveys shall meet the Standards of Practice for Land Surveying in North Carolina as described in Title 21, Chapter 56, of the North Carolina Administrative Code. As such, surveys and digital files shall be tied to the North Carolina State Plane Coordinate System NAD83 (NSRS2007). • The survey title block shall read, "Conservation Easement Survey for the State of North Carolina, Division of Mitigation Services." The title block shall also contain the project name, SPO number, DMS Project number, name of the owner, location, date surveyed, scale of the drawing, name, address, registration number and seal of the surveyor. • A table of coordinates (northing and easting) for all property corners, numbered consecutively, must be included on the plat. If multiple parcels comprise a single project, assign a unique number for each property corner within the project. • A text metes and bounds must be provided for recordation with the Conservation easement. • The Contractor shall show the following that exist within 100 feet of the easement boundary: roads or trails, property corners, nearby easements, dwellings, roadways, streams and creeks, manholes, poles, and right-of-ways. • The landowner(s) or his/her legal representative must sign the recorded plat. • Access to the easement area must be shown, with location and width depicted by a dotted line and note on the recorded plat. 3. Digital Easement File in AutoCAD (.dwg) and ArcMap (.shp) format • The CAD and GIS files must contain a closed polygon layer of the conservation easement shape in addition to the line work. Ver: 9/30/16 Page 15 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 4. Copy of the 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. 5. 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 Contractor shall record the final approved easement and plat and obtain all necessary approvals from the County Review Officer. Step Three: Task 2 Payment The Contractor will complete the seven (7) listed deliverables along with invoice for Task 2 payment. Document deliverables shall be submitted electronically to the DMS project manager and SPO Manager Blane Rice (Blane.Rice(a-)doa.nc.gov). Additionally, SPO requires one (1) hard copy of all the original documents and a compact disk mailed to Blane Rice, NC Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. Once received, SPO will issue authorization for payment. 1. Recorded Conservation Easement in Adobe PDF form 2. Recorded Survey Plat in Adobe PDF form 3. Updated digital easement file in AutoCAD (.dwg) and ArcMap (.shp) format 4. Final attorneys report on title based on 30 -year search with deeds and documentation. Additionally, the following must be satisfied during Task 2: 5. Original title insurance policy shall be forwarded to SPO as soon as it is available to Blane Rice. 6. Provide the name, address, phone number, and e-mail address (if available) of each grantor via electronic communication to SPO and DMS. 7. Install survey monumentation and conduct boundary marking with the following specifications: The Contractor shall set 5/8" rebar 30" in length with 3-1/4" aluminum caps on all easement corners. Caps shall meet DMS specifications (Berntsen RBD5325, imprinted with NC State Logo # B9087 or equivalent). After installation, caps shall be stamped with the corresponding number from the table of coordinates on the survey. • The Contractor shall place a 6 -foot tall durable witness post at each corner in the conservation easement boundary. Posts shall be made of material that will last a minimum of 20 years. • The Contractor shall attach a conservation easement sign to each witness post and place additional signs at no more than 200 -foot intervals on long boundary lines. When applicable, the Contractor can mark existing trees (>3dbh) with conservation easement signs and/or blaze property lines at approximate eye level in lieu of line posts. Where applicable, established fence posts can be used for placement of signage. ALLOWANCES: 1. The contractor may elect to install monumentation and boundary marking during Task 5 preparation. No payment for Task 5 will be approved prior to installation. 2. The original title insurance policy(ies) must be received prior to payment for the Task 5 deliverable. 3. The contractor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement forfinancial assurance (See Section 6.2 FINANCIAL ASSURANCE) prior to completion of Task 2. Please be advised, however, that subsequent failure of the contractor to convey an acceptable conservation easement to the State of North Carolina, or to provide for the Long -Term Protection of the site through other methods acceptable to DMS, will require the contractor to fully reimburse the State for any payment(s) made to the contractor for completion of Task 3. RECOMMENDATIONS: The following recommendations are based on previous mitigation project experience. These practices are proven to benefit overall project cost, save time, protect mitigation credit, and lend favor during regulatory close-out consideration. 1. Simplified project boundaries with lines greater than 200 feet and with fewer corners minimizes Ver: 9/30/16 Page 16 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. encroachments, protects mitigation assets, lowers fencing costs, and makes it easier for adjacent landowners to understand boundaries. 2. Culverts are often preferred over ford crossings to encourage aquatic passage and minimize stream impact. 3. Fence type established should be based on landowner and livestock needs. In general, well-built fences will provide less opportunity for encroachment, better maintenance, and long term protection of property. 4. Carefully locating fences for long-term maintenance lessens impact to the conservation easement. 5. Using the survey plat as baseline documentation for existing roads, paths, trails, or other items of note provides a reference for long-term stewardship and landowners. 6.Woven wire and multi -strand barbed wire fencing installed in accordance to NRCS standards are proven fencing methods during project closeouts. Past projects with electrified high tensile have experienced many difficulties during monitoring and closeout. The contractor should discuss fencing options with landowners; however, continue to be cognizant of mitigation credit protection and long term stewardship. TASK 3 Develop a site-specific mitigation plan, as appropriate for each site and submit it to the DMS for review, comment, and approval. DMS requires three (3) hard copies and one (1) pdf file on a USB flash drive of the "Draft' mitigation plan. After "Draft" approval, DMS requires five (5) hard copies and one (1) pdf file on a USB flash drive (which can be sent electronically if preferred) of the "Final Draft' mitigation plan which will be posted on the DMS Portal for review by the IRT. Following IRT approval, DMS requires two (2) completed Pre -Construction Notice (PCN) forms with DMS named as the "permittee" and the Vendor as "agent', six (6) hard copies and one (1) USB flash drive with the .pdf files of the "Final' mitigation plan and the PCN. FINANCIAL ASSURANCE is also due as part of this deliverable. TASK Secure all other necessary permits and/or certifications (i.e. Erosion and Sedimentation Control permit, etc.). Submit one (1) copy of all 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 and submit payment request (invoice). 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 and submit payment request. TASK 6 DMS requires three (3) hard copies of the "Draft' baseline monitoring document and "Draft' as - built drawings. After "Draft' approval, DMS requires three (3) hard copies and one (1) pdf file on a USB flash drive (which can be sent electronically if preferred) of the "Final' baseline monitoring document and the as-builts. 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 TASKS 7-13 (7 years monitoring). DMS requires five (5) hard copies and one (1) .pdf formatted copy on a USB flash drive (which can be sent electronically if preferred) of the yearly monitoring reports. 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 consistent with regulatory guidance. Each annual monitoring report must be submitted to the DMS by December 1St of the year during which the monitoring was conducted. The 7th 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 contracted firm must attend closeout meetings and present final project to the IRT both in a closeout meeting at a site to be named later and on the project site, following all DMS closeout procedures and templates. Ver: 9/30/16 Page 17 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 3.3 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES '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 maybe made if a suitable contingency plan is submitted to and accepted by the DMS. '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. 4.0 ADMINISTRATIVE TERMS 4.1 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. 4.2 CONTRACT TERM The Contract shall have a maximum term of up to 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. 4.3 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 C: PRICING FORM and include in Proposal. 4.4 ACCEPTANCE OF WORK Acceptance of work 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 to 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 all rights hereunder, including, fordeliverables, such rights provided bythe Uniform Commercial Code as adopted in North Carolina. Ver: 9/30/16 Page 18 of 44 Project Milestones and Payment Schedule Task Project Milestone Payment" (% of Contract Value*) 1 Categorical Exclusion Document 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- Out process (meets success criteria*)' 10 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 maybe made if a suitable contingency plan is submitted to and accepted by the DMS. '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. 4.0 ADMINISTRATIVE TERMS 4.1 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. 4.2 CONTRACT TERM The Contract shall have a maximum term of up to 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. 4.3 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 C: PRICING FORM and include in Proposal. 4.4 ACCEPTANCE OF WORK Acceptance of work 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 to 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 all rights hereunder, including, fordeliverables, such rights provided bythe Uniform Commercial Code as adopted in North Carolina. Ver: 9/30/16 Page 18 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 4.5 DOWNWARD PAYMENT ADJUSTMENTS Payment by the Department will be based on the number of credits the vendor delivers at the credit price first established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal. 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/release of mitigation credits by the IRT. 4.6 INVOICES a) Invoices are to be submitted for the Contract Administrator's review after NCDMS 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 4.7 PAYMENT TERMS a) The Vendor will be compensated at the rates quoted in the Vendor's Cost Proposal. b) The Vendor will be paid net thirty (30) calendar days after the Vendor's invoice is approved by the State. 4.8 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: Total cost to the State Level of quality provided by the Vendor Process and performance capability across multiple jurisdictions Protection of the State's information and intellectual property Availability of pertinent skills Ability to understand the State's business requirements and internal operational culture Particular risk factors such as the security of the State's information technology Relations with citizens and employees Contract enforcement jurisdictional issues 4.9 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. Ver: 9/30/16 Page 19 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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 in the instructions in Section 2.2 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the points raised, 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 of specific components 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. 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. 4.10 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 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. 5.0 PROPOSAL OPENING. EVALUATION PROCESS AND METHOD OF AWARD 5.1 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 -vendors 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 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 - vendor 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. 5.2 PROPOSAL OPENING PROCESS Proposals will be received from each Vendor in two separate, sealed packages - the Technical Proposal and the Cost Proposal. Each original of 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. Ver: 9/30/16 Page 20 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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 and opened at a later date. 5.3 EVALUATION PROCESS The State will conduct a Two -Step evaluation of the Proposals received. The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State reserves the right to waive any minor informality or technicality in proposals received. 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 discussion with any or all Vendors for 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. 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. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals to submit best and final offers (BAFOs), prepared in collaboration with the State after 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. 5.4 EVALUATION CRITERIA All qualified proposals will be evaluated and award made based on the following criteria considered, 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 per completeness, content, experience with similar projects, ability of the offer or 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 PRC. 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 located in Attachment I of this RFP. Ver: 9/30/16 Page 21 of 44 RFP Number: 16-007279 Price Vendor: Wildlands Engineering, Inc. 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. This is a best value determination by NCDMS after evaluating all factors in the technical proposal and then evaluating the cost proposal. The adjusted unit cost will be calculated and determined using the following formula: Unit Cost _ Proposal Rating (Technical Score) All sites will be ranked by the lowest adjusted credit cost. 5.5 METHOD OF AWARD The NCDMS Procurement Manager and the Director, will analyze the ranked sites, determine the proposal selections and submit recommendations to the Department and the Department of Administration, Purchase & Contract section, as required, for approval, considering 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 to single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items 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. 6.0 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 2.2. 6.1 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. DMS reserves the right to ask for additional financial data if clarification is needed. 6.2 FINANCIAL ASSURANCE The vendor must provide financial assurance in one of the following forms: 1) 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 Ver: 9/30/16 Page 22 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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. 2) Letters of Credit- LDCs 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 as those described above for the performance bonds. Evergreen or irrevocable LDCs shall be required to provide a 120- day notice of cancellation, termination or non -renewal. 3) 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" must be named as the "Regulatory Body". NCDEQ shall have the sole right to place a claim against the policy. NCDEQ shall have the sole right and obligation as the responsible "regulatory body"to approve any claim settlement, The insurance amounts and duration must follow the same as described above in performance bonds. 6.3 REFERENCES The State reserves the right to request and verify references. Upon request references, must be submitted within 3 business days. Failure to provide references will cause your proposal to be rejected. 6.4 ACCESS TO PERSONS AND RECORDS Pursuant to Item # 11 of the North Carolina General Terms and Condition, the State Auditor and the using agency's internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statue 147-64.7 and Session Law 2010-194. Section 21 (i.e., the State Auditors and internal auditors may audit the records of the Vendor during the term of the contract to verify accounts and data affecting fees or performance). Vendor shall retain all records for a period of six (6) years following completion of the contract or until any audits begun during this period are completed and findings released. 6.5 BACKGROUND CHECKS Any personnel or agent of the Vendor performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the State. These background checks may be performed for the following: (a) 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; (b) Any regulatory investigations pending 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 of which Vendor has knowledge or a statement that there are none. 6.6 SUBSTITUTION OF PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Administrator. 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. 6.7 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 Ver: 9/30/16 Page 23 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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 vendor under this Contract and shall be responsible for the performance and payment of all sub- vendor(s) that may be approved by the State. Names of any third -party vendors or sub -vendors 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 to incorporate any work by third party sub-vendor(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 its own necessary equipment, 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. 7.0 CONTRACT ADMINISTRATION 7.1 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 F: Additional Vendor Information and return with bid. 7.2 REPORTS Reports shall be submitted well organized and easy to read. The Vendor shall submit the reports in a timely manner and on a regular schedule as specified by this RFP. 7.3 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 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. 7.4 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. 7.5 CONTRACT ADMINISTRATOR Kristie Corson is designated as the contract administrator for the Department for the purposes of this RFP. Attachments to this RFP begin on the next page. Ver: 9/30/16 Page 24 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT A: 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 delivery at the designated office by the designated time. 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. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 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 sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, 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 in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT A: INSTRUCTIONS TO VENDORS; and (5) Vendor's Proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration. 8. 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 responses meet the 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. 9. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), 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. 10. 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. The "Principal Place of Business" is defined as that principal place from which the trade or business of the Vendor is directed or managed. Ver: 9/30/16 Page 25 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 11. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain confidential trade secrets 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 or 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. 12. PROTEST PROCEDURES: When a Vendor wishes to protest a Contract resulting from this solicitation that is 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 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. 13. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. 14. 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 and/or award of the Contract that is the subject of this RFP. Vendors not in compliance with this provision may be disqualified, at the option of the State, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 15. TABULATIONS: Proposal 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 proposal number, and then search. Tabulations will normally be available at this website not later than one working day after the proposal 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. 16. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP) allows Vendors to electronically register 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://www.ips.state.nc.us/. 17. WITHDRAWAL OF PROPOSAL: a Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on 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. 18. 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 this RFP and in formal Addenda issued through IPS. Ver: 9/30/16 Page 26 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 19. 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 prior to award. 20. 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. 21. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself. 22. 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 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. This Space is Intentionally Left Blank Ver: 9/30/16 Page 27 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS PERFORMANCE AND DEFAULT: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this 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 C (as amended, if applicable) is equal to the ratio of the Units actually generated to the total Units identified in Attachment C. Notwithstanding any other provision in this agreement, Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of this contract, and the State may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from such breach can be determined. The State reserves the right to require at any time a performance bond or other acceptable alternative guarantees from a successful Vendor without expense to the State. In case of default by the Vendor, the State may procure the 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 this 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 this contract for cause, and may act 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 material, quality, workmanship or performance of the goods or services offered prior to their delivery, it shall be the responsibility of the Vendor to notify, in writing, the Contract Lead at once, 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 this 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) 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. All agencies participating in this 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. SITUS: The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 6. GOVERNING LAWS: This Contract is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules. 7. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, Ver: 9/30/16 Page 28 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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. 8. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying 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 by reason of race, color, religion, sex, national origin or disability. 9. INTELLECTUAL PROPERTY 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 unpatented invention, articles, device or appliance delivered in connection with this contract. 10. ADVERTISING: Vendor agrees not to use the existence of this 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. 11. 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 this Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 12. 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 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 this Contract. 13. 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. 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. b. Commercial General LiabilitV - 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 Ver: 9/30/16 Page 29 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. vehicles, used in connection with the Contract. The minimum combined single limit 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 this 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 this 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. 14. 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 this 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 this 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 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 goods or services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract. 15. INDEPENDENT CONTRACTOR: Vendor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Vendor represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such employees shall not be employees of, or have any individual contractual relationship with the State. 16. KEY PERSONNEL: Vendor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the State's assigned Contract Lead. The individuals designated as key personnel for purposes of this contract are those specified in the RFP and persons identified in Vendor's proposal. 17. SUBCONTRACTING: Work proposed to be performed under this contract by the Vendor or its employees shall not be subcontracted without prior written approval of the State's assigned Contract Administrator. Unless otherwise indicated, acceptance of a Vendor's proposal shall include approval to use the subcontractor(s) that have been specified therein in accordance with paragraph 20 of Attachment A: Instructions to Vendor. 18. TERMINATION FOR CONVENIENCE: The State may terminate this contract at any time by providing _ days' notice in writing from the State to the Vendor. In that event, all finished or unfinished deliverable items 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 services satisfactorily completed by the Vendor, less any payment or compensation previously made. 19. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under this contract shall be kept as confidential, used only for the purpose(s) required to perform this contract and not divulged or made available to any individual or organization without the prior written approval of the State. 20. CARE OF PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any property furnished it by the State for use in connection with the performance of this contract or purchased by or for the State for this contract, and Vendor will reimburse the State for loss or damage of such property while in Vendor's custody. 21. PROPERTY RIGHTS: All deliverable items and materials produced for or as a result of this contract shall become the property of the State, and Vendor hereby assigns all ownership rights in such deliverables, including all intellectual property rights, to the State; provided, however, that as to any preexisting works imbedded in such deliverables, Vendor hereby grants the State a fully -paid, perpetual license to copy, distribute and adapt the preexisting works. Ver: 9/30/16 Page 30 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 22. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina 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 the work to a location outside the United States, or to contract with a subcontractor for the performance of any work, 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 performing services under a State contract to a location outside of the United States. 23. 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 this contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 24. 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 thereto, 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. 25. AMENDMENTS: This contract may be amended only by a written amendment duly executed by the State and the Vendor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office. 26. WAIVER: The failure to enforce or the waiver by the State of any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance. 27. 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. 28. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in this contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity that otherwise would be available to the State under applicable law. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Ver: 9/30/16 Page 31 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. 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 ® NO 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: n/a 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.: n/a 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: Design: Charlotte, NC and Raleigh, NC; Survey: Swannanoa, NC NAME: Shawn D. Wilkerson DATE: 09/21/2017 This Space is Intentionally Left Blank Ver: 9/30/16 Page 33 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: Wildlands Engineering Inc. The undersigned hereby certifies that: [check all applicable boxes] ❑ 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: ® 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. ® The 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: Box 1 is not checked, because, although Wildlands is in sound financial condition, our CPA has recommended that a full audit is not necessary for a firm of our size. Our CPA performs an annual CPA review of our financials for our bonding company, produces quarterly statements for our bonding company, and is actively involved in reconciliations and our other regular accounting duties on a monthly basis. 09/21/2017 Date Shawn D. Wilkerson President Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver: 9/30/16 Page 34 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT F: ADDITIONAL VENDOR INFORMATION VENDOR'S INFORMATION Vendors Primary Contact (or Project Manager) Name: Angela Allen, PE Agency: Wildlands Engineering,Inc. Title: Water Resources Engineer Address: 312 West Millbrook Road, Suite 225 City: Raleigh State/ Zip: NC/ 27609 Telephone: 919 851-9986 Fax: (704) 332-3306 Email: Iaallen wildlandsen .com Vendors Execution Address (Where the contract should be mailed forsignaturel Name: Shawn D. Wilkerson Agency: Wildlands Engineering, Inc. Title: President Address: 1430 S. Mint Street, Suite 104 City: Charlotte State/ Zip: NC/ 28203 Telephone: 1 (704) 332-7754 Fax: (704)332-3306 Email: Iswilkerson@wildlandseng.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: Shawn D. Wilkerson Agency: Wildlands Engineering, Inc. Title: President Address: 1430 S. Mint Street, Suite 104 City: Charlotte State/ Zip: NCI 28203 Telephone: (704) 332-7754 Fax: (704) 332-3306 Email: swilkerson@wildlandseng.com Ver: 9/30/16 Page 35 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT G: CERTIFICATION OF ELIGIBILITY -IRAN DIVESTMENT ACT CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act As provided in G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 at seq.* requires that each Vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the Vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the Vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification. Vendor: W I Ilands En ineerin , Inc. By. / I IM/� -- 09/2112017 Signature Date Shawn D. Wilkerson Printed Name President Title The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address httos://www. nctreasurer.com/inside-the-dei)artm enVOpenGovernm enUPages/Iran-Divestment-Act- Resources.asox, which will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814-3852. * Note: Enacted by Session Law 2015-118 as G.S. 143C-55 at seq., but renumbered for codification at the direction of the Revisor of Statutes Ver: 9/30/16 Page 36 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT H: TARGETED LOCAL WATERSHED MAPS Neuse 03020201 Full Delivery RFP Targeted Watersheds for Cataloging Unit 03020201 HUC # LWP RWP HUC# LWP RWP 03020201010030 No No 03020201100040 No Yes 03020201010050 No No 03020201100050 No Yes 03020201020010 No No 03020201110010 Yes Yes 03020201020020 No No 03020201110020 Yes Yes 03020201020040 No No 03020201110030* No Yes 03020201030030 No No 03020201110040 No Yes 03020201030020 No No 03020201110050 No Yes 03020201030040 No No 03020201110060* No Yes 03020201030050 No No 03020201110070 No Yes 03020201040020 No No 03020201120010 No Yes 03020201050010 Yes No 03020201120020 No Yes 03020201050020 Yes No 03020201120030 No Yes 03020201050030 Yes No 03020201130030 No No 03020201060010 Yes No 03020201140010 No No 03020201060020 No No 03020201150010 No No 03020201065030 No No 03020201150020 No No 03020201065040 No No 03020201150040 No No 03020201070060 No No 03020201150050 No No 03020201070070 No No 03020201160010 No No 03020201070080 No No 03020201180010 No No 03020201070110 No No 03020201180020 Yes Yes 03020201090010 No No 03020201180030* No Yes 03020201100010 Yes Yes 03020201180040* No Yes 03020201100020 Yes Yes 03020201180050 Yes Yes 03020201100030 Yes Yes 03020201200030 No No *Targeted Resource Areas (Habitat) Ver: 9/30/16 Page 37 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT H: TARGETED LOCAL WATERSHED MAPS Targeted Watersheds for Neuse 03020201 PA'S r- .f N.VC]tLN VAN'l7: I� Lake Rogers +.It.1 I I. 3� �f lriltiva,,5:ry � LWP 020010 1005- 020020 040020, f - i 02004 030030 060020 k[.IN rr+ 03002Q .- 300 030040 FR o Wake/Johnston Ellerbe w o , ' ` Collaborative LWP �t Creek LWP 065030 070070 180010 h Little Lick - Creek LWP I ; :,,, . 08ot��- ` 7011 _ r Lick Creek 00mo. 1 F LWP Upper Swift 120010 100 180040 - `- Creek LWP 0 120020 10060 �o 120030 i r 130030 140010 � Legend 150010 150020 200030 . Regional Watershed Plan CatalogingUnit150050 14 -Digit Hydrologic Unit 150040 Target Local Watersheds f Targeted Resource Area (Habitat) Local Watershed Plans 1 _ Municipal Boundary 0 5 10 20 Miles Ver: 9/30/16 Page 38 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET Important Notes/Guidance 1. Projects MUST be located within DMS Targeted Local Watersheds within Neuse 03020201. Projects located within Local Watershed Planning (LWP) or Regional Watershed Plan (RWP) HUCs may receive additional points,as noted in Section 1.0 of this Technical Proposal Rating Form (or "scoresheet"). 2. Questions in sections 1 through 4 are required and MUST be addressed in the proposal. BONUS questions in Section 5 (after the required section) may receive additional points, but will NOT disqualify a Provider's proposal if unanswered or not applicable. Bonus questions can add up to 7 points to the total score. Technical Proposal Evaluation Criteria Neuse 03020201 Rating Form Offeror: Wildlands Engineering, Inc. Site Name: Catfish Pond Mitigation Site River Basin / Catalog Unit: Neuse River Basin / 03020201 RFP Number: 16-007279 Date of Site Evaluation: TBD Type/Amt of Mitigation Offered: Option 1: 3,621 SMUs, Option 2: 3,115 SMUs Proposal Review Committee: TBD Alternate Attendees: TBD Overall Merit (Proposal Screening) 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, and provide the drainage areas (acres) and provide accurate, process -based descriptions of all project stream Yes 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 showing soil boring locations and mapped soil N/A series)? 3 -For proposals that include wetland mitigation, does the proposed success hydroperiod exceed the 5% minimum and is it appropriate for the project site and soil series? If the proposed hydroperiod differs from the 2016 IRT guidance, justification N/A must be provided 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 maximum functional gains.] Yes 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 II restoration, are all the following elements included in the proposal OR is Priority 2 stream restoration limited to "tie-ins" (designed tributary confluences)? - Floodplain bench grading will extend a minimum 1.5 bankfull widths beyond the stream belt -width (no meanderingfloodplains — see Diagram below). -The floodplain will be over -excavated to accommodate replacement of topsoil. Yes -The design and construction oversight will ensure the management of topsoil to include the harvest and segregated stockpiling of A and B soil horizons for placement on excavated floodplain features. -The slopes between the outer edge of floodplain grading and the terrace will be a minimum of 5:1. Note: An answer of No in this section means the Technical Proposal is rejected. Continue or Reject? Continue Ver: 9/30/16 Page 39 of 44 h .rr- 14UF11L)VF. IV-VV/L/y VCf1UU1. WIIUIdIIUJ C11}j111t:ta111r_ 1111.. Section 1.0 - Watershed Module [40 Points Possible] REQUIRED Projects Located outside of LWP or RWP 1 For proposed projects located outside of a Local Watershed Plan (LWP) or Regional Watershed Plan (RWP) area -- but within another targeted HUC (TLW, TRA) -- to what extent does the project support the CU -wide watershed improvement goals? The following are CU -wide and TLW goals: 1 -reduce & control sediment inputs; 2 - reduce & manage nutrient inputs; 3 - augment designated Significant Natural Heritage Areas ; 4 - Contribute to protection of or improvements to a Water Supply Waterbody. [Provider must describe specific elements/features of the current site conditions and proposed project design that will contribute substantially to meeting these goals.] ct addresses fewer than 2 Roals 1 point Project addresses 3 of 4 goals 5 points 1 5 1 Project addresses 4 of 4 goals 10 points Projects Locatea within a LWP Area 2 For projects located within a LWP, does the proposed project address watershed planning priorities identified in Findings and Recommendations Summary? These prioritieis include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --provides & improves instream habitat; 4 --provides & improves terrestrial habitat; 5-- improves stream and bank stability; 6 --improves hydrologic function; 7 --improves rare species habitat. To receive points, Provider must describe in detail how the proposed Project addresses fewer than 2 priorities 1 point Project addresses 2 to 3 of 7 of priorities. 5 points ct addresses 4 to 5 of 7 priorities. 15 points Project addresses 6 to 7 of 7 priorities 20 points n the For projects located within the RWP, does the proposed project address watershed planning priorities identified in the Preliminary Findings Report? These priorities include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --improves stream and bank stability; 4 --improves hydrologic function; 5 --improves riparian buffer condition. To receive points, Provider must describe in detail how the proposed project will contribute significantly to addressing identified stressors. ct addresses fewer than 2 priorities 1 point Project addresses 2 of 5 of priorities. 5 points lProject addresses 3 to 4 of 5 priorities. 15 points Project addresses 5 of 5 priorities. 20 points Ver: 9/30/16 Page 40 of 44 Diagrem for Priority 11 Question Above. Priority 11 flecdplain bench 16O eradme b -d- 100 1 Y 50 ,P.O. 1D �r.�`4.6. �_-` �I449, 3.1 .D O / �i - } 100 20 fool chann¢Iwldth -150 30 foot benchwidlh(1.5 times <hannelwid[hl beyondthe betlwidth. .200 O 100 200 300 400 900 Section 1.0 - Watershed Module [40 Points Possible] REQUIRED Projects Located outside of LWP or RWP 1 For proposed projects located outside of a Local Watershed Plan (LWP) or Regional Watershed Plan (RWP) area -- but within another targeted HUC (TLW, TRA) -- to what extent does the project support the CU -wide watershed improvement goals? The following are CU -wide and TLW goals: 1 -reduce & control sediment inputs; 2 - reduce & manage nutrient inputs; 3 - augment designated Significant Natural Heritage Areas ; 4 - Contribute to protection of or improvements to a Water Supply Waterbody. [Provider must describe specific elements/features of the current site conditions and proposed project design that will contribute substantially to meeting these goals.] ct addresses fewer than 2 Roals 1 point Project addresses 3 of 4 goals 5 points 1 5 1 Project addresses 4 of 4 goals 10 points Projects Locatea within a LWP Area 2 For projects located within a LWP, does the proposed project address watershed planning priorities identified in Findings and Recommendations Summary? These prioritieis include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --provides & improves instream habitat; 4 --provides & improves terrestrial habitat; 5-- improves stream and bank stability; 6 --improves hydrologic function; 7 --improves rare species habitat. To receive points, Provider must describe in detail how the proposed Project addresses fewer than 2 priorities 1 point Project addresses 2 to 3 of 7 of priorities. 5 points ct addresses 4 to 5 of 7 priorities. 15 points Project addresses 6 to 7 of 7 priorities 20 points n the For projects located within the RWP, does the proposed project address watershed planning priorities identified in the Preliminary Findings Report? These priorities include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --improves stream and bank stability; 4 --improves hydrologic function; 5 --improves riparian buffer condition. To receive points, Provider must describe in detail how the proposed project will contribute significantly to addressing identified stressors. ct addresses fewer than 2 priorities 1 point Project addresses 2 of 5 of priorities. 5 points lProject addresses 3 to 4 of 5 priorities. 15 points Project addresses 5 of 5 priorities. 20 points Ver: 9/30/16 Page 40 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. Section 2.0 - Uplift Potential Module [120 Points Possible] REQUIRED Stream (SMUs) Focus 1 What is the proportion of significant, obvious incision (BHR > "'1.5)? Less than 50% of the proposed footage exhibits significant, obvious incision. 1 point 1 50-75% of the proposed footage exhibits significant, obvious incision. 5 points >75% of the proposed footage exhibits significant, obvious incision. 15 points 2 What is the proportion of the existing condition proposed for treatment indicative of active bank erosion? Active bank erosion includes surficial scour (distinguished from bare banks), hyraulic and mechanical bank failures. Less than 20% active erosion. 1 point 1 20-50% active erosion. 5 points >50% active erosion. 15 points 3 What is the dominant buffer vegetation condition? Small woody Vegetation >30 feet in width (shrub, early successional trees). 1 point Small woody vegetation <30 feet in width or an herbaceous dominated condition; or mature trees are scattered and sparse within the proposed boundary (the proposed reach treatments could take place with minimal impacts to mature trees). 5 points 5 No buffer vegetation, maintained cover, or grazed pasture; or impervious cover proposed for removal. 15 points 4 What is the percent of proposed easement length actively subject to water quality stressors that will be addressed by the project? [stressors within or immediately adjacent to easement may include pasture with direct livestock access, livestock exclusion but with poorly managed crossings, hydrologic bypass of buffers (e.g. the drains, discharge outfalls, hydrologic connections to livestock wallows or CAFO ponds), stormwater outfalls, adjacent row crops, maintained vegetation, or impervious surfaces within 30 feet of proposed easement boundary] Proportion of affected length less than 50%. 1 point Proportion of affected length 50-75%. 5 points Proportion of affected length >75%. 15 points 15 The following multiplier is included to prevent a bias against stream projects that include appropriate levels of enhancement. TOTAL STREAM SMU FOCUS POINTS 22 Ratio of Total LF to SMUs: Option 1: 2.04 Option 2: 1.96 SECTION 2 (Streams) TOTAL = Stream SMU focus total x Ratio of Total LF to SMUs(not to exceed 60 points) Option 1: 44.9 Option 2: 43.1 Ver: 9/30/16 Page 41 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. Wetland (WMUs) Focus 1 What level of (negative) impact on water quality does the current land use within and immediately adjacent to the proposed easement have on the project (i.e., impervious surfaces, nutrient inputs, sediment inputs, or other land disturbing activities)? Low (little to no evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 1 point Moderate (evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system, i.e. ). 5 points High to Very High [direct and excessive evidence of nutrient, fecal coliform and/or sediment input. 15 points 2 For proposed wetland restoration/rehabilitation projects: existing condition of predominant wetland vegetation community. [Predominant means covering >50% of the area proposed for restoration and/or enhancement.] Wetland vegetation is present but is not reference quality. 1 point Wetland vegetation is present but is managed to prevent appropriate wetland community. 5 points Wetland vegetation is absent. 15 points 3 Confidence in existing wetland hydrologic condition and uplift potential. Hydrologic modifications to wetlands are described, but their location and extent are not clearly depicted. 1 point Hydrologic modifications to wetlands are described, and the effects and extents are clearly defined. 10 points Hydrologic modifications to wetlands are described, and the effects and extent are clearly defined and are supported with field data and/or modeled results. 15 points 4 Confidence in wetland hydroperiod for performance criteria. Success hydroperiods are based on a thorough modeling effort of the site such that a pre/post water budget is estimated and is appropriate for the setting and landscape position. 5 points Success hydroperiods are based on a thorough modeling effort of the site such that a pre/post water budget is estimated and is appropriate for the setting and landscape position, AND modeled results are supported with local reference gauge data. 15 points Ver: 9/30/16 Page 42 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering, Inc. Section 3.0- Implementation and Risk Module [35 Points Possible] REQUIRED 1 Does the proposed stream project provide Less than 25% of the RFP request (mitigation quantities?) 1 point 1 Between 25 - 50% of the RFP re uest? 2 points Between 51- 90% of the RFP request? 5 points Greater than 90% of the RFP request? 10 points 2 Does the proposed wetland project provide Less than 15% of the RFP request (mitigation quantities?) 1 point Between 15 - 25% of the RFP request? 2 points Between 26 - 50% of the RFP request? 5 points Greater than 50% of the RFP request? 10 points 3 Physical constraints or barriers (i.e. utilities, culverts, property lines, easements, managed areas, etc.) that affect project design and effectiveness. [Percentages calculated based upon adding total linear footage of crossings, roadways, utilities, >10 % of the total project footage is segmented by 5-10 % of the total project footage is segmented by < 5% of the total project footage is segmented by 10 Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints Section 4.0 - Provider Experience [15 Points Possible] REQUIRED 1 Similar mitigation projects completed by the Offeror (through at least 3 years of monitoring). Completed less than 5 mitigation projects. 2 points Completed more than 5 mitigation projects. 5 points 5 2 Experience of Project Team (people actually completing work) Project team contains at least two individuals with mitigation experience specific to project evaluation, All of the above and at least two projects brought to successful regulatory closure with the Interagency Review Team (IRT). 10 points 8* REQUIRED SECTIONS TOTAL Option 1: 73.9; Option 2: 72.1 *Wildlands successfully closed out 1 project at Scaly Bark Mitigation Site and monitored 2 additional sites through MY5, which are expected to close out in 2017. Ver: 9/30/16 Page 43 of 44 RFP Number: 16-007279 Vendor: Wildlands Engineering. Inc. Section 5.0 - Bonus Module (7 points possible) 1 the proposed project located within a priority subwatershed within the LWP or RWP �ls area?. 1 point 2 Does the proposal implement all or part of a project identified within the LWP or RWP Project Atlas? 1 point 3 For projects Located within or outside LWP (but still in a designated TLW): Does the project's conceptual design include one or more structural BMPs (other than livestock exclusion fencing and alternate watering) within or immediately upstream of the project easement such that nutrient and/or sediment inputs or hydraulic stresses from outside the project easement are 1 more effectively addressed? [In rural subwatersheds, this would be agricultural BMPs; in urban/suburban watersheds, this would be stormwater BMPs.] The BMP locations and types should be clearly identified on a map figure in the proposal. 1 point. 4 Project each (es) are on or confluent to (directly discharge to) an impaired stream or waterbody. Impaired waters include those that are 303d listed (Category 5) or Category 4 waters, per the most recent Integrated Report (provided online by NC DWR). 1 point 5 Proposed project is on or drains to WS -classified reach(es) within a Water Supply 1 watershed, as designated by NC DWR. 1 point 7 Ability to connect adjacent (having a common boundary with) natural habitats and extend wildlife corridors. 1 point 1 8 Proposed project boundaries are directly contiguous to (have a common boundary with) another protected property. Proposed project easement shares at least one boundary with a conservation easement that is not used for mitigation. 1 point Proposed project easement shares at least one boundary with another mitigation property (DMS project or approved Mitigation Bank site) with a permanent easement. 2 points 9 For stream or buffer mitigation projects on first order streams (headwater drainages), do project easements extend upstream toward drainage divides on all tributaries/reaches such that flow (whether perennial, intermittent or ephemeral) in >90% of all upstream channels is captured within the project easement(s)? [To receive points, Provider must include appropriate maps and calculations to demonstrate that this criterion is met.] 1 point. TOTAL BONUS POINTS 3 Total Required Section Points (Maximum Possible = 210 Points) _ Option 1: 73.9 Option 2: 72.1 + Bonus Points (Maximum Possible = 7 Points) = 3 Option 1: 76.9 Total Points = Option 2: 75.1 Proposal Rating ( Score x 0.01) = Option 1: 0.769 Option 2: 0.751 Comments: Ver: 9/30/16 Page 44 of 44 . . . . . . . . . . . ... . . . . .tR �•� .�. .03020201010040 . . ,.. oo ..... . . .... f Q3Q1. . . . . . . . . . ' . '030. . . 40010' . Rou`gemont Village - . . . . . . . . • . 'Hill ' - - '; - Histor'c District '020201010030 ' . i. . • ChestIL nut ,C lti. i Farmand Ranch • . Qak/Shortlaaf - , •57 �• j ry� • � • ' • • Lands Protection •Pine,Fores.1f r . . . . . . . . n1'•'i -(/*1�,r .�. . . . . . . 1 { Program Easement • ��• J . • !• 1 •Durham County � 1 - • . . . . . . . . • r. . :� . . . . . . Hill'Fdrei�t/Dlil Creek' 4 ll f Conservation Easement . . . . . . .�. . . . . . . . . . '1' . . . . . . . .+. /. . . . . . . •Flaidxiodd Forest RHd �. . . . . . . . . ' i . a--s-ate• .Hill Demonstration Forest a' • �ti Hi ForedwosVSlocum Camp. .� Jl od Po RHA rest • Hill Forest Dial ,. • •'• rige Co4'nty Easemld \ •Hill ;oris' �- • Wg Houses Creek Hardwood Flat River Slopes •�• •1 • �• Forest •�1� above, Lake Michie �. . . . . . • 9upil Rqo; �� ,Hill Forest%Flat Vver.DN P. - . . X . . . . . . .0,3020201020010 .Q..il.Roo:tJkUpllancls• . . . . . . . . . . . . . `• . ... ....0.G ...:�+"'M: r: : : : : : : : : •Mangle l�.an * .'. . , Cpnse,vanry .� . . Ea "I . �r� . .I . • ' A. I'sagc TeFry; *.v . . . . . . ' 0302020,10,10050 . - 1 . . . . . . . . . . . . . . . . FI fuse &Farm . ' 67iiMY f Historic Uistric '� '�'�' • • - •Oran e•County�O)1021Z Spacer . Little River 501 . . . . . . . - I !.- • • • Aquatic HPbitaS - 1 • r kake�Mi�c ,hie Corridor' • % ORANGE CO- • - •' Little River•Uplands' • - - - - - -r• - - - '�� Conservation Reserve - - , �. t&Enhancement Program .`: •L•rt Llttle River• ...... 7t&engle L;na O;i(12020104002C O302020102Aquatic Habitat• ' . . . ?n�ervapcy Pre£ ' e. �• . + .sot • 1 y' Durham County ,hjangle Land _ FDURHliMCO-• _ Open Space `• • • • . •Conservancy, - )/- - - - - - - - •03020201020040. '� • A• : • �Y- • .. .I. .w '< 1. . �.}.". . . l �' ' 030202011)20030 . . . . . . . f J . ,. ,. .....: s .l ...LST} ........ ' ... ' .....pp..... j .. 9 '1 — .. . ' .. �. . .�. . J:��' . J. . r��.1 . . . . . . . .Little River • :. Stagville.Center. .r . . . . . Pu[ham.c.ty. .Triangle Land' •� .Open Space . Conservancy , 1 . . . . . .�•. . . . . . . Easement `. ....... .. ..f +. ... . ' . . . . . . . . ' . e•s.. �• . . . . . • • . . . . . • . . . . . 03020201030030: — . . - �• . . . . . . . . • • �. . . . . ` • . . . . ti and- wap• .... ..... �; .... •Cabin Branch Creek! tt mlEEe+l3.m 5 Mile Site Radius - NC Natural Heritage Program Managed Areas fProject Location Municipal Boundaries .t %� • ;� ' ' ' ' Water Supply Watershed Targeted Local Watershed ::::� :::::: : �••_••�� County Boundaries 303d Listed Streams Hydrologic Unit Code (14 -Digit) Water Features llerbe Fee' k?f F I NC Historic Preservation Areas ® Airports 03020201050010. .�' Significant Natural Heritage Areas 50� Figure 1 Vicinity Map WILDLANDS0 1 2 Miles Catfish Pond Mitigation Site ENGINEERING II I I II I I Neuse River Basin 03020201 Durham County, NC too • .• .. 41"—x, , . i i.i.i.i.i.i.i.i.�.�.i.i.i.i.i.i.i.i.i.i.�� .,•�., - Figure 2 Site Map and Channel Stability tzW I L D L A N D S 0 500 Feet Catfish Pond Mitigation Site E N G I N E E R I N G 1 1 1 1 I N Neuse River Basin 03020201 Durham County, NC Percent Direct' Percent Percent Percent Cattle Cattle ..' Project Location Reach Name Incised Scour Bedrock Trampling Access L, Proposed Conservation Easement Catfish Creek R1A & 11113 26% 0% 0% 0% 100% -: Catfish Creek R2 0% 0% 16% 0% 100% Existing Stream Crossings Catfish Creek R3 62% 63% 0% 46% 100% 0 Direct Livestock Access Catfish Creek R4 0% 0% 20% o% 100% Catfish Creek R5 0% 0% 0% o% 100% — Livestock Trampling Catfish Creek R6 16% 11% 44% 8% 100% Bedrock UT1 R1 36% 20% 0% 13% 100% UTI R2 0% 0% 0% 40% 100% Incision UTI R3 4% 0% 60% 0% 100% Scour UT2 0% 0% 0% 0% 100% Mountain Tributary 0% 12% 1 0% 1 0% 100% Cross-sections Total 24% 18% 1 16% 1 8% 100% Existing Streams — Reach Breaks •` ... .............,...�...�.�.�.�...�.�...�.�.�., Sediment Samples Project Streams -•• Intermittent — Perennial too • .• .. 41"—x, , . i i.i.i.i.i.i.i.i.�.�.i.i.i.i.i.i.i.i.i.i.�� .,•�., - Figure 2 Site Map and Channel Stability tzW I L D L A N D S 0 500 Feet Catfish Pond Mitigation Site E N G I N E E R I N G 1 1 1 1 I N Neuse River Basin 03020201 Durham County, NC �I.Ir Project Location _ Proposed Conservation Easement �j y 4 Ir........... ti i f ! i 1F i �3 - flrl Y � 501 • ��VrJ Rougemont, USGS 7.5 minute topographic quadrangle Figure 3 Topographic Map 111k:tov I �,- W I L D L A N D S 0 1,000 Feet Catfish Pond Mitigation Site '-, R 1 1 1 I Neuse River Basin 03020201 Durham County, NC Figure 4 Watershed Map %,,,WILDLANDS 0 600 Feet Catfish Pond Mitigation Site ENGINEERING i I I I Neuse River Basin 03020201 Durham County, NC 't J 1 ME- N N q6I..pProject Location L.—.p Proposed Conservation Easement Existing Streams Project Streams "%1,. i Wn • NoD GeB CI • GeC" • i = • G • NaD eD Catfish i i • GeC i GeB a • GeC rI ; i •�� W Ge • GeC i HrC Wn ' •: . NaD GeD GeD • 11.1.1.1.1.1.1.1./..1.1.. DaC .I r1.1.1�i.. uwd 4�-�� • � . 1 . 1 . 1 . I . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 . 1 �� 1 . 1 . 1 D� I& Soils i HrC- Herndon silt loam, 6-10% slopes � Ch- Chewacla and Wehadkee soils LgB- Lignum silt loam, 2-6% slopes �• _ Da B- Davidson clay loam, 2-6% slopes _ NaD- Nason silt loam, 10-15% slopes _ DaC- Davidson clay loam, 6-10% slopes NoD- Nason stony silt loam, 10-15% slopes GeB- Georgeville silt loam, 2-6% slopes Ta E- Tatum gravelly silt loam, 15-25% slopes GeC- Georgeville silt loam, 6-10% slopes _ W- Water ZZ GeD- Georgeville silt loam, 10-15% slopes _ Wn- Wehadkee silt loam Figure 5 Soils Map %,.WILDLANDS 0 500 Feet Catfish Pond Mitigation Site E N G I N E E R I N G I I I I I Neuse River Basin 03020201 Durham County, NC LF I.IL I.I r Project Location — 1 Proposed Conservation Easement ® BMP Proposed Crossings Existing Streams Reach Breaks "s Stream Enhancement II Stream Restoration - 1 O : a " - I ... I . 1 . 1 . I - 1 . 1 . I . 1 . I ..1. 1 �� - I ... 1•. I .J�. i mmmm MON", 5 A I.I.I.I.I. . I.1 .1 . . . -I-I.I _ Ir ' ,''{. �'�7���,_!�'.I.I.I.I.I.I.I.I.I.I.I.I .I.I. I.I.I.I.I.I.I .I �` :'.• .. 'I��r�j .• �� III _ . ..f_� 17 Figure 6A Concept Map (Option 1) W I L D L A N D S 0 500 Feet Catfish Pond Mitigation Site E N G' N E E R' NO I i I i I Neuse River Basin 03020201 Durham County, NC �I�IL ■ Project Location L 1 Proposed Conservation Easement ® BMP Proposed Crossings — Existing Streams Reach Breaks z.. .R. — Stream Enhancement II 4 r� y x. Catfish Pond, Embankment, and Existing Crossing Reoch 1A Reach 2 /to be Removed Re °ch f Reach 10 4 Reach S n_ C4tfSh Cr _ - - _-.__._ ll-. WILDLANDS E N G I N E E R I N G 0 500 Feet I I I A U k': r71 i Ail Figure 6B Concept Map (Option 2) Catfish Pond Mitigation Site Neuse River Basin 03020201 Durham County, NC INQUIRY M 4382018.1 4 N i YEAR: 1955 1 CEDR' = 500' I Itv, � N-1 IN, Al V& ?7. "4 INQUIRY M 4382018.1 4 N i YEAR: 1955 1 CEDR' = 500' I Itv, � N-1 IN, Al R .0 v it f vim= 1 F'N, y I ^ I � y i , rad � ti t a� 1: 1 '' . �y �1 ; � T+� '. , . •,� ,y ,k j`i ". alt.. %a� .I L � * -,..yi; j`� �,^ ' , ''�•,� �' ri', y ti .� � Al 'r h �i�"{-• �1'�}��` '` !lam \'�. I� '�j . '.fid � ,� � � ? � � • !v ?� : .. �,�, � 4 , � ^.?� r 1 r 1 .�`� _ • : , , �� << Oar r � a�'� 1 . .44 �r � �, a h "�' � ,� � is � � •-r,• �. •��,��"LL,i. -�•' pper�.. '�•[4'!S'tL ;� k'. '� r �' R2 art`�.ajt�;�,,�t.i��-�j!�1l•3ic,K ; ���.'�T''���1 y � ,�� ;. 14 n49' ,� ,.�•,e,� +�4'�� sr `� , ,)r,l � }tip. �`') -�. T 1 • • a� t '. s � I r � f�4�.;`�: ��� •r �e ', � � } •;� (l�,ti° j � r�� y '�S. ��` 4 ~.l a iii' -j � � �, /ry�f :�. �• i�'� , ` �, ♦R;� , jr�, � , e ' y �I Imo. y .F •�•.�, r I <• MUM* 1 r• N ry I <• MUM* 1 r• S" r ,��y' -�- _�•,� ter, ♦4D, All • � •�` u - : r'a � R'�='ter �rti't ! . - v � _.. - � 4 26'•# ♦10, � IL 's fib_ • ,,�y��j�!� A„•,t� �@. t•�. -fr mss_ �, ` ��- .'� s�� � ��i t� _":� ^ ��•r►, �� ti '+ E .a�?5t 19 � • ��+-.I... Y�1 �.r.� , - {"���� � t J � K r t.� ...1 ^2r'di��`�i ^�• DIY __?.•`�` Tµ - .�► Yr r_��y, Ate'• 'V• y' INQUIRY M 4382018.1 YEAR: 2009 = 500' INQUIRY M 4382018.1 1 N i YEAR: 2010 1 (rE D = 500' N�, • - � ' �' '�� �5 {h, Y...Att , � C t�y, �,q,' v •�i F 76Rr :q 1 � t fir, _ � •'� �i'' ��.�'i 2 i w; /fP r IY �, -� � t xL �rr F tip' � �� � ,�, �� �`•� �} �.,�.; � r •� .� } �t� -. �.��� � ty. i H � e ,i ' • p Ile � rq M IX i S �. .,.aa ,� r � 1 X. .� 'ti• ', S• ,. rr �. � .tib•"." s�;�`;.. '•� .:! tp ,ice •' ��,' ` r. }S l T �,1 :� r•n:7t `G n ' i Jt ..�i'� �.. � .��, a 5]�, �rT''�>; z • r �I4�� � ems,+4C/C'r`�i=• t+44,4.. Sot, - 0 t; '.+ s �. CA �•-.�..--...�, ...�/+ .....1 Cl ',}'K 7:r .,,,r •rn..•.eo�r�11� •1+�. .� R- %•, I' y'. •� .i; . �• rf ,::� ' `�'� f� w,S� �i �' g': 1t•1at., +u dw � r� � : • tf }� 1 F4�,'S c 14 ; INQUIRY #: 4382018.1 "1 ' If YEAR: 2012 (rE DR�. = 500'41 'i t�?4L%, If NC DCVO Stream Identification Form Version 4.11 Date: 9 - H -1 * Project/Site: C,44s� Pen! S'.da Latitude: 36, 16 363.1 *N Evaluator: M.F.4I4a44- County: DAm Longitude: -*6,916}4o" Total Points: n Stream is at least intermittent Stream DeteinLrt_ation (circle one) Other 0 -*60,J` Cr[el< Ra a� if>_ 19 or erennial if >_ 30` Ephemeralnter�mt�tten�Perennial e.g. quad Name: A. Geomorphology (Subtotal = Il ) Absent Weak Moderate Strong 1'Continuity of channel bed and bank 0 1 2 15. Sediment on plants or debris 2. Sinuosity of channel along thalweg 0 16. Organic debris lines or piles 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 CD 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict Floodplain 0 1 2 3 6. Depositional bars or benches CD 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel c No !-_O) Yes = 3 annt-I ' artificial ditches are not rated; see discussions in manual B. Hydroloqy (Subtotal = 5 12. Presence of Baseflow 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 .5 1 1.5 16. Organic debris lines or piles 00. 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 1 C. Biology (Subtotal = 6 ) - 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: .,, c c.-� r i e Ji4f r;4. .t c lam .11 'alp -F4. r 'n `nio annt-I 11 No 4Plants i clnrnµl ry. 1w.�, Sketch: lR NC DWQ Stream ldentifieation Form Version 4.11 Date: _ it.1 _ (�, Project/Site: C'. +-CA. Q.w1 5;4, Latitude: 36. 10:R:ON Evaluator: 'j"E c� 4rd-(- County: ��ri.p-n. Longitude: - 8,416aQ1°w Total Points: Stream is at least intermittent 33 Stream Determination (cir le one) E hemeral Other p N>_ 79 orperennial if 30' P Intermittent Perenma e. quad Name: f g" A. Geomorphology (Subtotal = y, S ) Absent Weak Moderate Strong 13 Continuity of channel bed and bank 0 1 2 (37- 32. 2.Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple- col sequence R1, r` lcf 0 1U" 2 3 4. Panicle size of stream substra e 0 1 2 3 5. Active/relict Floodplain 0 1 1 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 Sketch: I -Pr°y I m13J, ° ' artificial ditches are not rated; see discussions in manual B. Hvdroloqv (Subtotal= 10,$ ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 .5 1 1.5 16. Organic debris lines or piles 0 .5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 1.5 C. Biology (Subtotal = S 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0 0.5 111 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 14 Other = 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: (r filr h Sketch: I -Pr°y I m13J, ° NC DWQ Stream Identification Form Version 4.11 Date: Ct-lq _ 1-. Project[Site: G.44,1. RW 5--ic Latitude: 36. )63g35*f4 Evaluator: J..- Ec.14.6,.1j} County: Q (�N..... r,r Longitude:-48AH:3D Total Points: Stream is at least intermittent L.15 2 5 Stream Determination (circle one) Other CAA.P4 CraJc N_> 19 or erennial i(>_ 30' Ephemeral Intermittent Perennt e.g. Quad Name: (� � 3 A. Geomorphology (Subtotal= Z1.$ ) Absent Weak ModerateStrong 3 la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2) 3 3. In -channel structure: ex. rife -pool, step -pool, ripple -pool sequence 0 1 2 3© 4. Particle size of stream substrate 0 1 2 1.5 5. Active/relict Floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 1 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel No = 0 Yes = 3 . artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1. 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 1.5 17. Soil -based evidence of high water table? 0 No = 0 Y s = 3 1.5 C. Biology Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 0.5 CID 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 075> OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: 1xr6r�L '� a,�. l ��:u J+ iP (�..w,l •. SAa.;ly :5' 4-. olrj sJcm.A1,r e2 c,. 1 Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 9/14/ r� Project/Site. Cri^(rit P411 Latitude: 36.15gaolq Evaluator: County: �Ll�ea,wt Longitude: __.g,gl'-lylo53 Total Points: Stream is at/east intermittent 3�, S Stream Determination (ci a Other (J-2`) +o U4-f4�, Cr. f2 19 orperennial if>_ 30* Ephemeral IntermittentPerennia e.g. Quad Name: - U df 6'.\ tip ie A. Geomorphology (Subtotal= a ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 1 3. In -channel structure: ex. riffle -pool, step -pool, ripple- ool sequence nas�hi. ) �.. , y 0 1 2 3 4. Particle size of stream substrat r. r 0 Yes = 3 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 0.5 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel Z_= 0 Yes = 3 I Co IeOP+rr-.. a artificial ditches are not rated; see discussions in manual B. Hvdroloqv (Subtotal = q. S ) 12. Presence of Baseflow 0 1 2 1 13. Iron oxidizing bacteria 0 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 .5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 1 C. Biology Subtotal = 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians0.5 1.5 25. Algae 0 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: .a c. t� ro d r � i(.. J,i.�' ,n r�.��{eI � low A'Fj I . Co +n .�..Jn s i ' .•t7 II (r�0.Gr�j Ob SLN C.i I �r'r�JP�I/ Sketch: aoro- rYS"1 Ihf.,Pr I Co IeOP+rr-.. ) M,JIC k"t NC DWO Stream Identification Form Version 4.11 Date: q_ly-N Project/Site: P,,,! S;}c Latitude: 36.I5gD.6319°N Evaluator: 1 G`-clCo..rd�- County: i�,r G ,,,,,, Longitude: __48.91441053° Total Points: Stream is at least intermittent 3q.5 Stream Determination (circle one) Other UT 1 4'> C,4-AiIA Cr If>_ 1g or erennial if>_ 30` Ephemeral Intermitten erenma e.g.QuadName:Qow� A. Geomor holo (Subtotal= I.5 ) Absent Weak Moderate Strong to Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 15. Sediment on plants or debris 2 3 3. In -channel structure: ex. rife -pool, step -pool, ripple -pool sequence 0 1 2 1.5 4. Particle size of stream substrate 0 1 2 3- 5. Active/relict Floodplain 0 1 2 1.5 6. Depositional bars or benches 0 2 1.5 7. Recent alluvial deposits 0 0.5 2 3 8. Headcuts 0) 1 2 3 9. Grade control 0 0.5 1.5 10. Natural valley 0 0.5 - 1 1.5 11. Second or greater order channel No = 0 Yes = 3 Sketch: 3 cr,,IF,a� . artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = `�•S ) 12. Presence of Baseflow 0 1 2 3 •13. Iron oxidizing bacteria 19. Rooted upland plants in streambed 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No =0 Yes = 3 1 C. Biology (Subtotal= 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 W 3 21. Aquatic Mollusks 1 2 3 22. FishCO)0.5 1 1.5 23. Crayfish - 0 0.5 1.5 24. Amphibians 00.5 1.5 25. Algae 0 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: a.411sn� Alen r� Ongirloc� S to �r 1 Sketch: 3 cr,,IF,a� AL� NC DNVQ Stream Identification Form Version 4.11 Date: 9- 19 _ 1,; Project/Site: C.4F:s�,. Pa.3 J5,'l t Latitude:3(,j6gg56 6N Evaluator: Z, 9'kp 44- County: Durk &� Longitude: Total Points: r Stream is at least intermittent 0 3Z C Stream Deter ination (circle one) Other (fa '(fiat S>_ 19 or perennial d>_ 30` Ephemeral Intermitten Perennial e.g. quad Name: A. Geomorphology ( Subtotal = 11 ) Absent Weak Moderate Strong 13Continuity of channel bed and bank 0 1 2 1.5 2. Sinuosity of channel along thalweg 0 M 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 d 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel No= 0 Yes = 3 3 artificial ditches are not rated; see discussions in manual B. Hvdrologv (Subtotal = 4. 5 ) 12. Presence of Baseflow 0 © 2 3 13. Iron oxidizing bacteria 0 1 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 2 0.5 1 1.5 16. Organic debris lines or piles _ 0 .5 1 1.5 17. Soil -based evidence of high water table? No = 0 es = C. Bioloqy (Subtotal = _ $ ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 M 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish( 0.5 1 1.5 24. Amphibians I S ia3ct 0 .5 1 1.5 25. Algae 0 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: Sketch: NC DWQ Stream Identification Form Version 4.11 Date: Q-iq-l+ Project/Site:C.A_F•.ghPsjSi+e Latitude: 36,j656Sao� Evaluator: l_Eck.aAr 11- County: 0UrkI", Longitude: 49,9141 80•w Total Points: Stream is at/east intermittent Stream Determination circle one ) 4- I r . y Other dcun 4'� �` "r r if>_19or erennialif>_30' Ephemera Intermitten Perennial e.g. Quad Name: A. Geomorphology (Subtotal = R ) Absent Weak Moderate Strong 13 Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 0.5 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict Floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 .5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 Sketch: ' artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal =_q__) 12. Presence of Baseflow 0 1 1 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 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 1.5 17. Soil -based evidence of high water table? Uy No = 0 es = 1.5 C. Biology Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish Uy 0.5 1 1.5 24. Amphibians .{.j a) 0 0.5 1 1.5 25. Algae 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Cher = `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Attention: Lee Knight Caffery FOR REGISTRATION Sharon A. Davis REGISTER OF DEEDS Durham County, NC 2017 Jul 2612:56 PM BK:8235 PG:776-780 MEMORANDUM FEE: $26.00 INSTRUMENT # 2017026047 III 11111111OFINIII III III 2017026047 SPACE ABOVE THIS LINE FOR RECORDER'S USE MEMORANDUM OF OPTION This Memorandum of Option (this "Memorandum") is between Sybil S. Penny ("Optionor"), and WILDLANDS ENGINEERING, INC., a North Carolina corporation ("Optionee"). This memorandum will become effective when all parties have signed it. The date of this Memorandum will be the date this Memorandum is signed by the last party to sign it. Optionor does hereby give and grant to Optionee the right and option to purchase a conservation easement on a portion of three parcels of real property approximately 68.14, 130.98 and 55.50 acres located off US Highway 501, located at 9021 N. Roxboro Road and located at 8800 Johnson Mill Road in the City of Bahama, County of Durham, State of North Carolina, recorded in Durham county's Register of Deeds at Book 11935, Page 178, Book 438, Page 590, Book 438, Page 589 (the "Property"). The Property is also identified as PINS 0827-02-67-0407, 0827-02-58-9864 and 0828-04-50- 5560. The Property is shown on Attachment A. This option expires on September 21, 2019. The provisions set forth in a written Agreement for Option to Purchase Conservation Easement between the parties with an effective date of August 5, 2015 and a First Amendment to Option Agreement with an Effective Date ofJa.�_, 2017 are hereby incorporated in this memorandum. Each party is signing this memorandum on the date stated below that party's signature. OPTIONEE: WILDLANDS ENGINEERING, INC., a North Carolina corpoI�J�- �A��By: Y��d ""L/ awn D. Wilkerson, President Date: �J- � 14 U17 [a]iiM 01[61.41 Sybil S. Penny by Gary Penny, power of attorney for Sybil S. Penny /J By: "2 - /) � 14 - Gary Penny P er of Att4>wey for ybil S. Penny dda Sy 6%t s. ! Date: Tu (v / v fi �2v / -1 00C kfC�vl ✓� County, North Carolina I certify that Shawn D. Wilkerson personally appeared before me this day, acknowledging to me that he is President of Wildlands Engineering, Inc., a North Carolina corporation and that he, as President, being authorized to do so, executed the foregoing on behalf of Wildlands Engineering, Inc. 7-/7-/ (Official Seal) W Official Signature of y Notary's printed or typed name My commission expires: 8 -.;?3 -2 1 GM County, North Carolina I certify that Gary Penny personally appeared before me this day, acknowledging to me that he holds the power of attorney for Sybil S. Penny, and that he, holding power of attorney, being authorized to do so, executed the foregoing on behalf of Sybil S. Penny. Date: 7—/!)'/ (Official Seal) W Official Signature o Notary Notary's printed or typed name My commission expires: 8 E--?) This map is not certified and has not been reviewed by a local government agency for compliance with any applicable land development regulations. WwILDLANDs FNGIN EEkiNG r PENNY SYBIL S 0828.04-50-5560 PENNY SYBIL S 0827-02-58-9864 PENNY SYBIL S 0827-02-67-0407 0 350 700 Feet I I I 'THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCt WITH RECORDING REQUIREMENTS FOR PLATS." Attachment A Penny, Sybil Neuse 03020201 Durham County, NC KEB