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HomeMy WebLinkAbout20201798 Ver 1_Mitigation Technical Report_20201213 IIIof la,a'y 1 4 a I i ,0_,.y+u ,•'�+ .. - • ..- r : . 1. YAr .1 • •-a {� `��:# i y}pr"Ip,�~�'Tw. .S r. , _ .i.. r ' 'r'.•MC+'.�, ._. - r....."' 1-ii"........, • • . '.:7-. .";;'•41:r.• -.s•W 4.,,itc. •••-- V. ' x "\--• P.. . • •• . ;.' -S ii} • i - T,NI •t ... i '++L. / -.10,..._.mor— — 2:.- •-...._,,_ . ..• .....,- • 14114. y 4 'may` p. • , _y _ + `i .' lc 4 .err- -Ad . : , •i . - iii.INinLI-..4...t. ,, • -......, 114. ./. Aii. 1111111 hrL4 4.= l- Pres VT w` rya "' , ''r:.}..;, . Ati M- ,�% .} North Carolina Division of Mitigation Services • 'r. •'L. .' • •.r1' • • .. Six Runs Mitigation Site };,,"• ' '-` Cape Fear River Basin 03030006 = RFP#16-20190303 I March 26, 2020 Brad Breslow Regulatory Manager BBreslow@res.us 1919-209-1062 0 Executive Summary 0 Executive Summary Resource Environmental Solutions, LLC (RES), through its wholly-owned subsidiary Environmental Banc & Exchange, LLC (EBX), presents the following proposal to provide stream and riparian wetland mitigation credits in the Cape Fear River Basin, (Cataloging Unit 03030006) in response to RFP#16-20190303 (the RFP). The Six Runs Mitigation Project(Project) in Sampson County represents an opportunity to restore Brad's Branch,a stream and riparian wetland system draining directly to Six Runs Creek. RES has entered into agreements with the current landowners to acquire a conservation easement totaling approximately 29.75 acres on two adjacent parcels comprising the Project. Decades of heavy cattle grazing and historic stream relocation have left Brad's Branch and its six tributaries in an exceptionally impaired condition. Brad's Branch has widespread bank erosion and channel incision to the east toward its headwaters,and ubiquitous sediment deposition as the slope flattens to the west near the Six Runs Creek floodplain. Riparian wetlands present on-site are heavily impacted by cattle through soil disturbance and compaction,nutrient contributions,and hoof shear. RES designers will use a combination of Priority 1 and Priority 2 restoration and enhancement techniques to stabilize and restore the eroding streams and restore hydrology to the historic riparian wetlands. The working cattle farm will be outfitted with a customized cattle watering system and exclusion fencing to prevent future degradation from farm operations. As described in the following technical proposal,the Project will result in significant hydrology, habitat, and water quality improvements including: • Reduced nutrient and sediment loads • Improved flood flow attenuation • Increased dissolved oxygen concentrations,and • Reduced or improved artificial barriers. The Project will provide uplift for ecological functions,including: • Improved aquatic and terrestrial habitat diversity • Reduced water temperature • Restored native riparian plant communities,and • Invasive species treatment. The Project presents the opportunity to generate up to 7,219.067 stream credits and 8.085 wetland credits and is proposed as three options in the Proposed Mitigation section below. Watershed The Project is in the Cape Fear River Basin within 14-digit Hydrologic Unit(HU) 03030006110010,which has been identified in three overlapping Targeted Resource Areas (TRAs) for improvements to hydrology,water quality,and habitat. The Project also supports the NC Division of Mitigation Services' (DMS') 2009 Cape Fear River Basin Restoration Priorities (RBRP) Goal#2 to improve water quality in the South and Black Rivers.The Project presents the opportunity to restore, enhance, and protect 8,293 linear feet of stream and associated riparian buffer, along with 12.03 acres of riparian wetlands. RES has already completed one project with DMS in the Cape Fear 06 watershed, and six total projects in the Cape Fear River Basin, and therefore will continue the watershed improvement efforts already underway in the basin. RFP#16-20190303 Section D.Executive Summary I 1 0 Stream and Wetland Restoration Approach A key design consideration for the Project is ensuring the restored and enhanced channels achieve maximum functional uplift while allowing the existing agricultural land uses to continue.Cattle will be fenced out of the project easement; additionally, two crossings are proposed. Restoration and enhancement practices will be designed and implemented to accommodate current and future flow conditions in this watershed. Stream restoration practices may range from bank grading and planting to re-establishing stable planform and hydraulic geometry. For reaches requiring full restoration, natural design concepts will be applied and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. Structures utilized on the Project's channels will include rock sills, log vanes, and brush toes. Stream enhancement practices will generally consist of minor bank stabilization and riparian buffer plantings. Stream enhancement reaches will focus on habitat and hydrologic improvements with minimal interventions. Wetland Restoration and Enhancement practices are focused on restoring hydrology and re-establishing natural plant communities. For the Restoration Re-establishment and Rehabilitation areas, this will be conducted by replacing the stream channels in their original valleys and reconnecting them to their native floodplains where hydric soils are located, encouraging overbank flows,and grading floodplain areas to match historical contours and promote detention and infiltration. Enhancement techniques will include removing a built-up path adjacent to the southern boundary and using material to fill an excavated area in the vicinity of Brad's Branch D. All wetland Restoration and Enhancement areas will also be planted with native vegetation representative of the desired local community type. The Project's riparian planting design will achieve the following goals: filter existing or potential runoff, provide channel and soil stability, restore natural communities, and improve terrestrial wildlife habitat. The first step to developing the vegetation plan will be a comprehensive vegetation and tree survey as a component of the overall data collection. This will identify and map invasive species treatment areas, specimen trees for protection, likely seed sources and successional communities,and potential trees to use for construction materials. RES will perform all invasive exotic vegetation treatment.Treatments may include herbicide applications and/or mechanical control. Proposed Mitigation Stream credits will be derived from Restoration,Enhancement I,and Enhancement II.Wetland credits will be derived from Restoration via Re-establishment and Rehabilitation, and from Enhancement. The non-standard buffer width methodology is not proposed for this site, in accordance with Section XI(A) "Required Minimum Buffer Widths," published in the October 2016 Wilmington District Stream and Wetland Compensatory Mitigation Update, "exceptions to the minimum width are allowable without credit reduction when no more than 5%of the total Project stream length,measured cumulatively,is located in these areas." Options A and B represent two different ways for DMS to acquire project credits from the same stream and wetland restoration approach. Option C presents an alternative stream restoration approach as the Project enters the Six Runs Creek floodplain. Option A meets the need of the RFP at 6,500 warm stream mitigation units (SMUs) and the wetland need of 4.00 riparian Wetland Mitigation Units (WMUs),in case DMS would prefer to acquire only the requested credits from the RFP. Since the Project actually produces additional SMUs and WMUs, Option B gives the ability for DMS to acquire additional credits: 6,639.067 SMUs and 8.265 WMUs. Option C further exceeds the SMU need at 7,219.067 SMUs, and provides a slightly-modified wetland credit total of 8.085 WMUs. The Project Options are summarized in Table 1. RFP#16-20190303 Section D.Executive Summary 12 Table 1. Six Runs Proposed Mitigation Options A, B, and C Stream Mitigation Option A Mitigation Type 'roposed Lengt _M._ Restoration 5,823 1:1 5,823 Enhancement I 706 1.5:1 470.67 Enhancement II 719 2.5:1 287.6 Enhancement II 289 5:1 57.8 No-Credit 176 0:1 0 otals 7,713 6,500* etland Mitigation Option A Mitigation Type roposed Area Ratio WMUs Wetland Re-establishment 4.52 1:1 4.52 Wetland Rehabilitation 0.84 1.5:1 0.56 Wetland Enhancement 6.17 2:1 3.085 Wetland Enhancement 0.5 5:1 0.1 Totals 12.03 4.00* *credits offered based on RFP requested amount Stream Mitigation -Option B EMIIM Mitie Fimi atio MUs —nu Restoration 5,823 1:1 5,823 Enhancement I 706 1.5:1 470.67 Enhancement II 719 2.5:1 287.6 Enhancement II 289 5:1 57.8 No-Credit 176 0:1 0 otals 7,713 6,639.07 Wetland Mitigation - Option B Mitigation Type Proposed Area Ratio WMUs etland Re-establishment 4.52 1:1 4.52 etland Rehabilitation 0.84 1.5:1 0.56 etland Enhancement 6.17 2:1 3.085 etland Enhancement 0.5 5:1 0.1 otals 12.03 8.265 RFP#16-20190303 Section D.Executive Summary 13 tream Mitigation -Option C itigation Type Proposed Length Ratio MUs Restoration 6,403 1:1 6,403 Enhancement I 706 1.5:1 470.67 Enhancement II 719 2.5:1 287.6 Enhancement II 289 5:1 57.8 No-Credit 176 0:1 0 Totals 8,293 1 7,219.067 etland Mitigation - Option C —111F-11.11191.1M111— Mitige •posed Ar: Wetland Re-establishment 4.52 1:1 4.52 Wetland Rehabilitation 0.84 1.5:1 0.56 Wetland Enhancement 5.81 2:1 2.905 Wetland Enhancement 0.5 5:1 0.1 Totals 11.67 8.085 The RES Team is composed of highly qualified staff, with in-house expertise in all aspects of the Project, including design engineers and construction crews. Our team has extensive mitigation banking and DMS project experience and uses strict criteria for site selection and design. This focus on quality and experience, coupled with our solid financial capability,makes the RES Team well-qualified and prepared to execute the proposed Project. RFP#16-20190303 Section D.Executive Summary 14 0 Technical Approach Technical Approach Project Goals and Objectives The proposed Project will provide numerous ecological and hydrologic benefits within the Cape Fear River Basin Cataloguing Unit (CU) 03030006, 14-digit Hydrologic Unit (HU) 03030006110010 (Figure 1). The Project will restore,enhance,and protect streams and wetlands within the Cape Fear River Basin.Project benefits are not limited to the immediate area but will have more far-reaching effects for the Cape Fear River Basin.Expected improvements to water quality, hydrology, and habitat are outlined as Project Benefits in Table 2. Note that the following treatments and outcomes are not necessarily applicable to each stream reach in the Project. Each reach has been evaluated and selected based on their specific impairments and constraints.Therefore,treatment methods and their associated outcomes have been identified per reach to achieve maximum attainable functional uplift. Table 2. Benefits of Proposed Stream and Wetland Mitigation at the Six Runs Site Stream Mitigation Level Goal Treatment Outcome • Establish 50-foot riparian buffer Transport of water from • Construct appropriately sized • Improved peak flow timing and watershed to the channels with natural channel magnitude to project area ° design techniques • Restored stream flow through channel • Restore stream position to natural existing impoundments valley • Improved baseflow • Establish 50-foot riparian buffer • Improved floodplain Transport water in a non- • Construct appropriately sized connectivity -a erosive manner channels with natural channel • Improved channel grade = design techniques control • Install in-stream structures • Improved channel root density • Establish 50-foot riparian buffer • Stabilize banks with live stakes, • Reduced channel erosion Create a diverse bedform and erosion control matting, and in- • Improved bedform diversity(pool achieve dynamic equilibrium stream structures spacing, percent riffles, etc.) • Permanently exclude livestock • Regulated sediment loads • Construct diverse bedform Achieve appropriate levels • Reduced stream temperature for water temperature, • Install in-stream structures • Improved baseflow dissolved oxygen and other • Establish 50-foot riparian buffer • Increased dissolved oxygen important nutrients including • Permanently exclude livestock • Improved hyporheic Nitrogen and Phosphorus biogeochemical exchange • Decreased nutrient loads Support the life histories of • Establish 50-foot riparian buffer • Provide more suitable habitat that • Install in-stream structures and can support biodiversity and life o aquatic and terrestrial histories of aquatic and terrestrial m animals woody debris animals • Construct diverse bedform • Improved baseflow RFP#16-20190303 Section G.Technical Approach 119 Wetland Mitigation Goal Treatment Outcome • Achieve appropriate hydroperiod • Relocate stream channel for associated soil type within natural valley Restore hydrology to riparian • Promote sediment filtration, Y gY p Grade on contour wetlands and hydric soils • Restore stream channel nutrient cycling, and organic connection to the matter accumulation through floodplain restored wetland biogeochemical processes • Plant native hardwood trees appropriate for • Restore wetland vegetative the natural wetland Reforest wetlands • communities of riparian wetlands community type Provide suitable habitat for • Permanently exclude livestock wetland dependent fauna with fencing With extensive mitigation banking and mitigation project experience,strict site selection and project design criteria, a strong team of highly qualified members,and solid financial capability,the RES team is well-qualified and prepared to execute the proposed Project. The Project presents the opportunity to provide up to 7,219.067 SMUs and 8.085 WMUs and is proposed as three options as discussed in the Proposed Mitigation section on pages 41 and 42. Option A provides a total of 6,500 SMUs and 4.0 WMUs to meet the stream and wetland need of the Request for Proposal #16-20190303. Option B presents 6,639.067 SMUs and 8.265 WMUs; Option C presents 7,219.067 SMUs and 8.085 WMUs. These credits will be derived from stream restoration and enhancement, wetland restoration via re- establishment and rehabilitation, and wetland enhancement. Watershed Approach The Project will provide significant functional uplift to the watershed and will assist DMS with achieving its mitigation goals in the Cape Fear River Basin. The DMS' 2009 Cape Fear River Basin Restoration Priorities (RBRP) goals,specifically those outlined for the Cape Fear 03030006 (Cape Fear 06) are as follows: 1. The completion of a Local Watershed Plan in the Great Coharie Creek headwaters 2. Focusing on water quality improvement in the South and Black Rivers 3. Continued protection of the Outstanding Resource Waters The Project will provide improvements to water quality, hydrologic function, and terrestrial and aquatic habitat connectivity, and a decrease in non-point pollution from agricultural and livestock practices.As stated in the 2009 Cape Fear RBRP,this Project supports Goal #2 for the Cape Fear 03030006 watershed by supporting water quality improvement to the Black River.This project also supports Goal #3 of the RBRP because the Project is upstream of sections of Six Runs Creek and Black River that are classified as Outstanding Resource Waters: work completed will contribute to an uplift in water quality in these stream systems. Water quality improvements anticipated from this project are listed above in Table 2 and include reducing non-point source nutrient and sediment pollution,lowering water temperature,increasing habitat, and increasing dissolved oxygen levels,among others. Based on the newly provided data from DMS on Targeted Resource Areas (TRA) for the Cape Fear 06, the Project stream catchments are within the specified TRAs to provide functional uplift to hydrology,water quality,and habitat improvement.The main channel (Brad's Branch) catchments are within the hydrology model bin one,habitat model bin two,and water quality bin two. RFP#16-20190303 Section G.Technical Approach 120 0 On-site, there are several areas that will provide functional uplift to hydrology, water quality, and habitat. The mitigation activities will address stressors onsite such as livestock access,lack of a vegetated buffer,impoundments, and long-standing hydrologic manipulation from agricultural practices (e.g.ditches, y. .• r stream ditching and relocation).The Project contains one main feature,colloquially called Brad's Branch, and six headwater tributaries,two of which (MT2, DE2) have .. ''; ' ' ' origins within the Project area.On-site streams have been manipulated and ditched for agricultural practices,as well as heavily degraded by unrestricted cattle access. Fencing cattle out of the riparian areas,restoring and enhancing riparian vegetation, and restoring hydrology to Project wetlands will improve water quality within the Project streams and downstream of the Project.The improvement of one farm pond - - _ .; outlet structure on the Project will enhance natural baseflow to its respective stream ;~ - y - and further improve hydrology through the Project catchment areas. Overall, the ; : Project will convert over 11 acres of pasture to riparian buffer through the planting •. ti : :}y; 4 • of native hardwood trees and will enhance and protect at least 19 acres of existing LL :: • riparian buffer. According to the DMS guidelines "Quantifying Benefits to Water Quality from Livestock Exclusion and Riparian Buffer Establishment for Stream Restoration" from June 15, 2016, these activities would have the potential to reduce nitrogen and phosphorus on-site and downstream. By restoring and enhancing these headwater streams,the Project will have an even greater impact on the improved hydrology and habitat of this stream catchment area.Restoration of the main channel will provide a significant uplift by reconnecting the stream with the adjacent floodplain and wetland ecosystems, thereby reducing downstream peak flows and enhancing riverine habitats. Restoration of the riparian buffer, restoration and enhancement of wetlands, and the restoration of the natural sinuosity and bedform diversity of the streams will provide functional uplift to hydrology and habitat and will reduce sediment and pollutant loadings within the Project catchment areas. Finally, restoring and enhancing natural channel characteristics, installing habitat structures, and restoring and enhancing the riparian buffers will create and improve habitat within the Project streams and riparian corridor.The overall benefits to hydrology,water quality,and habitat can be found in Table 2 and more specific examples can be found in the reach descriptions in the stream and wetland technical worksheets below. Options A and B will restore, enhance, and protect 7,713 linear feet and 12.03 acres forested wetland and are designed to offer DMS two crediting scenarios: Option A will provide 6,500 SMUs and 4.00 WMUs,and Option B will provide the maximum for this proposed design at 6,639.067 SMUs and 8.265 WMUs. Option C proposes to restore, enhance, and protect a site maximum of 8,293 linear feet and 11.67 acres of forested wetland, which will produce 7,219.067 SMUs and 8.085 WMUs. Project Description The Project is located in Sampson County, approximately six and a half miles west of Faison, NC (Figure 1) off of Faison Highway (Figure 2) in the Cape Fear River Basin within Cataloging Unit 03030006, 03030006110010, and NC Division of Water Resources (DWR) Sub-Basin 03-06-19. The Project area includes Brad's Branch and its tributaries, which drain directly into Six Runs Creek. The current State water quality classifications for Six Runs Creek is Class C and Sw. Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Swamp Waters (Sw) represent a supplemental classification intended to recognize those waters which have low velocities and other natural characteristics that are different from adjacent streams. On the right bank of Six Runs Creek opposite the Project and additionally in the vicinity of the Project area to the southwest are several U.S. Fish and Wildlife Service (USFWS) conservation easements. The Project has a total drainage area of 544 acres (Figure 3) and is mainly managed agricultural land with sparse forested areas along the eastern and southern portion of the Project boundaries. Aerial imagery indicates that the Project area has historically been mostly forested until about 1974 when clearing began to convert the site for agricultural use for cattle(Figure 4).Stressors currently affecting the Project include heavily manipulated/relocated and ditched streams, livestock production, limited active row crop production, agricultural impoundments surrounding the Project, a lack of riparian buffers, and an excess of trash/debris throughout the Project area. The Cape Fear 06 watershed contains the Black River,South River,and Great Coharie Creek,which have been cited with having low levels of dissolved oxygen, likely due to a significant number of animal operations and natural swamp RFP#16-20190303 Section G.Technical Approach 121 0 conditions within the watershed. The smaller sub-watersheds of the Project tributaries are almost exclusively comprised of pastureland and some row crop production.The Project drains to the Black River. Field evaluations determined all reaches proposed for credit-generating mitigation to be intermittent or perennial while proposed wetland mitigation areas are based on evidence of hydric soils and presence of anthropogenic alterations to site hydrology. A combination of stream restoration and enhancement, as well as wetland re- establishment, rehabilitation, and enhancement, are proposed to increase hydrologic and ecological function. A permanent conservation easement will protect these features in perpetuity. Existing conditions of each reach, including morphological parameters, reach conditions, and proposed mitigation activities, are outlined in the Technical Worksheets at the end of the Project Development&Design section starting on page 31. The majority of the reaches proposed for the Project will have 50-foot-wide buffers throughout, and in some areas,buffers will be greater than 50-feet-wide. Following the guidance listed in Section XI(A) - "Required Minimum Buffer Widths," published in the October 2016 Wilmington District Stream and Wetland Compensatory Mitigation Update, "exceptions to the minimum width are allowable without credit reduction when no more than 5%of the total project stream length,measured cumulatively,is located in these areas."The total Project stream length that does not meet the minimum buffer width accounts for 335 linear feet, or 4.43% of cumulative Project stream length. Therefore, RES is not using the non-standard buffer width tool on this Project. Stream Channels The Project is made up of one main feature,colloquially called Brad's Branch,and its six tributaries (DE2, DE3,DE4, DE5, DE6,and MT2) (Figure 8). Cattle have unlimited access to all seven tributaries within the Project Area. Brad's Branch is described as four reaches (Brad's Branch-A, Brad's Branch-B, Brad's Branch-C, and Brad's Branch-D) and runs through the center of the Project. Brad's Branch originates as an intermittent channel below a headwater system in a row crop/livestock-grazed forest area and continues throughout the Project length until reaching and discharging directly into Six Runs Creek,a major USGS named stream.Upstream of ," }:5 ' l f - z ., Darden Road,the riparian buffer along reaches Brad's Branch-A and-B is degraded i throughout, where cattle have unlimited access to the stream. The channel bed is `I' ; } comprised mostly of sand. Downstream of Darden Road, Brad's Branch-C is a perennial stream that has downcut and exhibits lateral instability throughout the upper half of the reach. The system is additionally fed by seeps within the confined stream valley, and by the aforementioned three ponds in the adjacent upland areas. There are accumulated • trash piles throughout the Brad's Branch-C stream valley. Looking upstream at the top of Brad's Branch-C Brad's Branch-D is located within the flattest portion of the site. This reach is severely degraded and was previously ditched and relocated from its natural stream valley to the southern edge of pasture.This reach has completely filled in with sediment due to degradation upstream and has lost channel features. Currently, water from the channel is leaving the downstream extent of channel that remains,and sheet-flows across the stream valley.Cows have severely degraded the stream. The riparian buffer of Brad's Branch varies in width, with Brad's Branch-A, Brad's Branch-B, and upstream part of Brad's Branch-C being well-buffered within the moderately steep stream valley. The middle portion of Brad's Branch-C has limited buffer,and the lower portion of Brad's Branch-C and all of Brad's Branch-D is buffered on the left bank but completely absent of buffer on the right bank. MT2 is an intermittent stream flowing south,originating just upstream of the confluence with Brad's Branch-A.The riparian buffer is degraded throughout, containing a mature hardwood canopy and mixed shrub understory. The stream bed is composed primarily of sand and lacks significant channel structure and function.Table 3 summarizes the stream parameters for the Project.Figure 4 shows the existing conditions of the Project area. DE2 is split into two reaches(DE2-A and DE2-B)in the central portion of the Project.DE2-A is an intermittent stream originating from a seep in an upland pasture area and flowing south-west into DE2-B before coming to a confluence with Brad's Branch-C. Cattle are kept in the pasture where the stream originates and have unlimited access to the entire stream.The riparian buffer is in poor condition with little to no understory.DE2-B begins below a culvert that provides a break between DE2-A and DE2-B. The riparian buffer is in poor condition with mature hardwood trees and little to no understory throughout the reach. RFP#16-20190303 Section G.Technical Approach 122 P DE3 is an intermittent stream fed by Pond A to the north and flows south to a _ 0. *. ,1 confluence with Brad's Branch-C. The primary spillway of Pond A is not currently `-. .: • functional,and the pond utilizes its emergency spillway for all outflow.The riparian F•-,t *; i= . + -, � ' buffer is in poor condition with an open understory and downed trees and "' vegetative debris that are both within and surrounding the channel. The channel • : has little bedform,consisting of a mix between sand and gravel.Cattle have severely degraded this reach with nutrient contributions and hoof erosion. '''. .-, • DE4 is split into two reaches (DE4-A and DE4-B) which flow south to a confluence . .. 4. with Brad's Branch-C. DE4-A is a perennial stream originating off-site and flowing , ..""" , 4 ' south before feeding into DE4-B, which eventually comes to a confluence with .. Brad's Branch downstream. The riparian buffer is wide throughout the reach and Looking upstream at DE3 contains mature hardwood trees (oak species,American beech, etc.) in the canopy while shrubs and forbs(American holly,river cane,etc.)make up the understory.DE4-B is a perennial stream flowing southwest from DE4-A before coming to a confluence with Brad's Branch.The stream has been previously relocated away from the natural valley and ditched along the east side of the valley before being diverted east across the divide between DE4 and Brad's Branch down to its current confluence with Brad's Branch-C. The riparian buffer is wide throughout the reach on the right bank, containing a mature hardwood canopy and mixed shrub understory,while the left bank has almost no buffer. The channel bed is composed of sand and gravel and is moderately incised throughout the reach. A farm crossing intersects the reach halfway downstream from DE4-A before the channel comes to a confluence with Brad's Branch. There is much less debris/trash surrounding this reach than the others within the Project. Cattle have direct access to the entire DE4 reach. DES and DE6 are ephemeral streams fed by seeps/spillways originating from Pond B and Pond C before coming to confluences with Brad's Branch-C. No crediting will be generated from these reaches; however,work to protect the integrity of the rest of the site and to connect the features to the proposed Brad's Branch channel will be proposed here. Table 3. Six Runs Project Stream Summary Stream Determination Drainage Area Reach Length Reach ID Hydrology Status Score* (acres) (LF) ivestock Access Brad's Branch-A Intermittent 25.5 53 321 Yes Brad's Branch-B Intermittent 25.5 83 406 Yes Brad's Branch-C Perennial 39.5 531 4,583 Yes Brad's Branch-D Perennial 39.5 544 634 Yes DE2-A Intermittent 20.5 14 306 Yes DE2-B Intermittent 20.5 14 153 Yes DE3 Intermittent 23.5 29 314 Yes DE4-A Perennial 42 288 289 Yes DE4-B Perennial 42 294 890 Yes DE5 Ephemeral 13.5 7 124 Yes DE6 Ephemeral 13.5 11 129 Yes MT2 Intermittent 20 10 109 Yes *This number was determined using the NC DWR Stream Identification Form 4.11(see Appendix) RFP#16-20190303 Section G.Technical Approach 123 0 Wetlands National Wetland Inventory(NWI)mapping depicts a wetland in the Project area(Figure 6).There is one 1.82-acres freshwater emergent wetland (PEM1C) mapped in the southwestern-most portion of the Project. There are also several freshwater ponds (PUBHx, PUBHh) located adjacent to the Project area. There may be potential for the presence of additional wetlands within riparian areas of the Project; therefore, a wetlands delineation will be completed during the mitigation plan phase of the Project and the stream design will avoid and minimize impacts to existing wetlands. A preliminary hydric soil investigation was conducted on March 2, 2020. This investigation identified a mixture of hydric soils (likely former wetlands) and potentially jurisdictional, degraded wetlands throughout the historic floodplain of Brad's Branch-D,the lower portion of Brad's Branch-C,and DE4 (Appendix). Historic Conditions Historical aerial imagery indicates that the Project area has been primarily forested until at least 1974 (Figure 5). The imagery shows that agricultural clearing and expansion began along the western and middle portions of the Project area sometime between 1974 and 1983,ditching and relocating the downstream portion of Brad's Branch to the southwestern Project limit,and converting most of the western portion of the Project to agricultural land. Prior to 1974, the surrounding area (outside of the Project boundaries) has been used for row crops, pastureland, and other agricultural purposes. The upper riparian corridor of the Project has remained mostly forested throughout this period. Ponds A, B, and C were created prior to 1974 for livestock use; these areas were forested prior to the installation of the impoundments.South of the Project is Hargrove Elementary School which was built prior to 1974. Since at least 1993,the forested and cleared areas have remained approximately the same across the Project. Natural Communities Current land use around the Project is primarily comprised of active pasture 't. . ' ; ' ! : : I +•• k ��} and cropland with mixed-mesic hardwood forest(Coastal Plain subtype).Pine :u nil !, ji j plantations,mixed forest types (including mesic pine flatwoods) and forested � r r - wetlands occur throughout this ecoregion as well.Common species within the Project include sweet gum (Liquidambar styraciflua), red maple (Acer • rubrum), ironwood (Carpinus caroliniana),American holly (Ilex opaca), pines ` - (Pinus spp.), American beech (Fagus grandifolia), white oak (Quercus alba), water oak (Quercus nigra), turkey oak (Quercus laevis), willow oak (Quercus .. . phellos),swamp chestnut oak(Quercus michauxii),black gum(Nyssa sylvatica), 2,• 6.- . . Chinese privet(Ligustrum sinense),roundleaf greenbrier(Smilax rotundifolia), Vegetation along Brad's Branch includes a Japanese honeysuckle (Lonicera japonica), and river cane (Arundinaria hardwood canopy with a sparse understory, gigantea). Exotic invasive species Japanese honeysuckle and Chinese privet surrounded by pasture and cropland are dense in some areas. Physiography, Geology, and Soils The Project is located within the Rolling Coastal Plain Level IV ecoregion within the Southeastern Plains Level III ecoregion. Cretaceous or Tertiary-age sands,silts and clays are characteristic of the Southeastern Plains ecoregion. A large portion of the contributing watershed is mostly within the Rolling Coastal Plain where the formation is quaternary sand and clay decomposition residuum. The Rolling Coastal Plain is made up of middle and early Pleistocene marine sand, silt and clay. This ecoregion contains both dissected irregular and smooth plains. Low to moderate gradient sandy-bottomed streams branch from broad interstream divides with steep to moderately gentle side slopes. The Project area has mostly gentle side slopes that are dissected by drainages with elevations ranging from 105 feet to 174 feet(Figure 10). Soils in this region are mainly Ultisols (Kandiudults, Paleudults, Hapludults, and Paleaquults) that are thermic/udic and some aquic. The western portion of the Project landscape has a nearly level floodplain with low, gently sloping terraces along Brad's Branch and its tributaries. Surrounding the Project area are a number of impoundments that seep into the stream channel. The Natural Resource Conservation Service (NRCS) depicts four soil mapping units across the Project (Figure 7). The Project has Bibb and Johnston soils, frequently flooded, Johns fine sandy loam, Marvyn loamy sand 6 to 12 percent slopes, and Norfolk loamy sand, 2 to 6 percent slopes. The soil characteristics of all soils within the Project are summarized in Table 4.A preliminary hydric soil investigation was completed for this Project and is included in the Appendix. RFP#16-20190303 Section G.Technical Approach 124 Table 4. Project Mapped Soil Series IMP Map Unit Percent Drainage Hydrologic Landscape Symbol Map Unit Name Hydric Class Soil Group Setting Bibb and Johnston soils, BH frequently flooded 100% Poorly drained A/D Floodplains Moderately well Jo Johns fine sandy loam 0% drained C Stream terraces Marvyn loamy sand, 6 to 12 Ridges on marine MaC percent slopes 0% Well drained B terraces Flats on marine terraces, broad Norfolk loamy sand, 2 to 6 interstream divides on NoB percent slopes 0% Well drained A marine terraces Cultural Resources The North Carolina State Historic Preservation Office (SHPO) website database was reviewed on February 24, 2020, to determine if any listed or potentially eligible historic or archeological resources exist in the proposed Project area. This search did not reveal any registered occurrences within the Project area.There were also no occurrences within a half-mile radius. Therefore, this Project should not affect any historic or archeological resources. The environmental screening phase of the Project will include SHPO coordination to confirm these findings. Protected Species The U.S. Fish and Wildlife Service's (USFWS) Information for Planning and Consultation (IPaC) (accessed February 24, 2020) was utilized to identify threatened or endangered species that could occur in proximity to the Project within Sampson County,North Carolina.Results listed two endangered species,red-cockaded woodpecker(Picoides borealis),and pondberry(Lindera melissifolia).The wood stork(Mycteria americana) is listed as threatened,and the American alligator(Alligator mississippiensis)was also listed as threatened due to similarity of appearance.The bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species were observed during preliminary site evaluations (Table 5). Table 5. Federally Protected Species in Anson County in Proximity to Project Federal Potential Common Name Scientific name Status Habitat Record Status ertebrate: Bald eagle Haliaeetus leucocephalus BGPA No Current Red-cockaded Woodpecker Picoides borealis E No Current Wood Stork Mycteria americana T No Current ascular Plant: Pondberry Lindera melissifolia E Yes Current Reptiles merican Alligator Alligator mississippiensis SAT No Current E=Endangered;T=Threatened;BGPA=Bald and Golden Eagle Protection Act,SAT=Threatened due to similarity of appearance In addition to the USFWS database,the NC Natural Heritage Program(NHP)GIS database was consulted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the Project. Results from the NHP website on February 24, 2020, indicated that there are known occurrences of rare, threatened, or RFP#16-20190303 Section G.Technical Approach 125 0 endangered species within one mile of the Project (Figure 1). The database lists one amphibian, two dragonfly/damselfly species, and a vascular plant elemental occurrence within a mile of the site. The amphibian listed is the pine barrens treefrog (Hyla andersonii), a state significantly rare species. The dragonflies/damselflies listed are the coppery emerald (Somatochlora georgiana), a state significantly rare species, and the shining clubtail (Stylurus ivae),also a state significantly rare species.The vascular plant listed is the grassleaf arrowhead (Sagittaria weatherbiana), a state endangered species. Based on initial site investigations, no adverse impacts to state or federally protected species are anticipated as a result of the proposed Project. However, beneficial impacts are expected to these species from the restoration activities. The environmental screening phase of the Project will include USFWS coordination to confirm these findings. Constraints There are a few constraints to the Project that will be considered during the design of the Project. The far western portion of the Project is in FEMA Zone AE. There are a few potential wetlands (PEM1C) and freshwater ponds (PUBHx, PUBHh) recognized by the USFWS's NWI within the Project area or surrounding the boundary (Figure 6). Trash and debris surround the stream along Brad's Branch and its tributaries. This large amount of trash causes degradation in water quality and habitat. Cattle have access to the entire Project area along Brad's Branch and its tributaries.There is one farm crossing near the confluence of DE4-B and Brad's Branch-C,and a second farm crossing and a culvert are located at the confluence of DE2-B and Brad's Branch-C. East Darden Road, overhead powerlines, and underground water utilities bisect the Project at the end of Brad's Branch-B and the start of Brad's Branch-C.An overhead powerline also runs through the northeastern portion of the Project,creating an easement break near the middle of reach Brad's Branch-B. A tree survey will be conducted to aid in the design of mitigation measures to minimize and avoid impacts to any significant or specimen trees that exist on-site. Trees necessary to remove for Project construction will be utilized for in-stream habitat structures.The proposed Project is not located within five miles of any air transport facilities (Figure 1). Project Development& Design The RES Team will approach the Project with a goal to efficiently provide the highest level of ecological uplift while minimizing temporal and land disturbing impacts. This approach will begin with a watershed assessment and channel condition assessment. While the conceptual mitigation plan presented in this proposal is an attempt to demonstrate the overall mitigation approach, the final mitigation plan will be based on the results of the initial planning assessments coupled with DMS and IRT coordination. Watershed, Channel, and Wetland Assessments The watershed and channel assessments will be performed by RES staff immediately following contract award and post-contract IRT site visit. Existing data will be compiled and evaluated to summarize watershed conditions, including physiography,topography,and relief;geology;hydrography;soil type;precipitation;flood frequency;land use; and chemical,physical,and biological water quality. Compiled data and existing conditions assessment results will be evaluated to further identify water quality degradation causes and sources. Potential wetland mitigation areas have been preliminarily delineated by a licensed soil scientist,and further work will be conducted upon award. In addition, soil borings and analysis will be utilized to determine a water budget, hydrologic model,and design hydroperiod.Wetland conditions will be modeled based on local reference conditions, regulatory guidance,and published data. Following data analysis and watershed assessment,the Project Team will perform a detailed channel assessment on each reach to identify specific opportunities for restoration and enhancement. The Project reaches will be scored with a custom stability assessment methodology and using professional judgment. This will allow for objective prioritization of restoration and enhancement activities. Reaches identified for restoration will be those that exhibit systemic significantly impaired habitat and stability and are in an early phase of the channel evolution continuum.Without significant intervention,restoration reaches are expected to continue to degrade before reaching equilibrium. Enhancement reaches will require a lighter touch and may include bed adjustments,bank protection,and/or minor bank grading.Enhancement reaches will not receive a standard"one size fits all"treatment.Rather,the work will be targeted to address specific impairments, with other channel segments largely untouched. This approach will provide cost-effective,low-risk mitigation that addresses specific Project goals. RFP#16-20190303 Section G.Technical Approach 126 0 An internal watershed plan will be developed based on the findings of the above tasks.This will include development of a final prioritized list of mitigation treatments.The watershed plan will be the foundation and guiding document for the mitigation plan and design. Stream Mitigation Approach Stream restoration efforts will be accomplished through analyses of geomorphic conditions and watershed characteristics. The design approach will apply a combination of analytical and reference reach-based design methods that meet objectives commensurate with both ecological and geomorphic improvements. Proposed treatment activities may range from minor bank grading and planting to re-establishing appropriate planform and hydraulic geometry. For reaches requiring full restoration or extensive enhancement, natural design concepts will be applied and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. The Project will include stream Restoration, Enhancement Level I,and Enhancement Level II. Stream restoration is proposed for Brad's Branch-C,reaches DE2-B,DE3,and DE4-B and will incorporate the design of a single-thread channel,likely designed as Rosgen E/C-type channels,with parameters based on data taken from reference sites to be identified later, published empirical relationships, regional curves developed from existing Project streams, and NC Regional Curves. The restoration along Brad's Branch-C will start as Priority 2 due to the culvert and utility constraints at the upstream end (Darden Road) and will transition to Priority 1 near the confluences with DE5 and DE6.Restoration activities will include reconstructing an appropriately sized channel with moderate sinuosity and lifting the channel to allow for frequent inundation of the adjacent floodplain. Ponds B and C will remain intact but their corresponding drainages (DE5 and DE6) will be stabilized and relocated as necessary to provide a stable connection to Brad's Branch-C. Priority 1 restoration along reaches DE2-B, DE3 and DE4-B will involve constructing the proposed channels within the natural valley and installing in-stream structures to create bedforms and improve habitat and stability.After the proposed channel on DE3 is constructed, a syphon system will be installed in the upstream dam per NRCS guidelines to act as its primary spillway and to • restore flow to the channel. fi , Restoration activities will involve the installation of log structures and brush - toes to provide vertical stability, address channel incision, enhance hydraulic function,reduce sediment loads to downstream channels,and improve overall I ' = in-stream habitat. The Project will be fenced to prevent cattle access. The widening and restoration of riparian areas will provide wildlife corridors throughout the Project area and they will be protected in perpetuity. ` Conceptual plan views are provided in Figures 8a and 8b. Cattle in the stream at the top of DE2-A Stream restoration is proposed for Brad's Branch-D and will incorporate the transition of a single thread channel into a diffuse flow pattern across the broad floodplain of Six Runs Creek. Restoration activities will include placing several in-stream structures to promote diffuse flow, and plantings to provide stability and reduce erosion. Cattle will be excluded with fencing. Crediting on this reach is proposed at Valley Length instead of linear feet of stream due to the flat nature of the site and that it occurs within the Six Runs Creek floodplain. Enhancement I is proposed for Brad's Branch-B. Enhancement activities will include heavy bank grading and floodplain benching, in-stream structure installation as a means to lift the channel, provide bedform diversity and improved habitat, and planting a minimum 50-foot buffer with native hardwood trees. Stabilization through in- stream structures, brush toes, and plantings will provide vertical and lateral stability to the channel, thereby reducing sediment loads to downstream channels. Improvements and protection to the riparian areas will provide wildlife corridors throughout the Project area. Cattle will be excluded with fencing. Enhancement II at a 2.5:1 ratio is proposed for reaches Brad's Branch-A, MT2, and DE2-A. Such enhancement activities will include minor bank grading and/or structure installation, planting a minimum 50-foot buffer with native hardwood trees, and excluding cattle with fencing. In addition, extensive treatment of Chinese privet and other exotic invasive species is also proposed to promote a more healthy,diverse buffer. RFP#16-20190303 Section G.Technical Approach 127 0 Enhancement II at a 5:1 ratio is proposed for DE4-A. Enhancement activities will include cattle exclusion, supplemental buffer planting and extensive treatment of Chinese privet and other exotic invasive species is also proposed to promote a more healthy,diverse buffer. Design parameters, including active channel, habitat and floodplain features will be developed from analysis of suitable on and off-site reference streams.Analytical design techniques will be an important element of the Project and will be used to determine the design discharge and to verify the design as a whole.A detailed approach for each reach is in the Stream Technical Worksheets found at the end of the Project Development&Design section starting on page 31, and the channel conditions can be found in Figure 9. The design approach is based on initial stream assessment and recent IRT experience on other project sites in this ecoregion. A detailed LiDAR map depicting existing conditions can be found in Figure 10. Engineering analyses will be performed using various hydrologic and hydraulic models to verify the reference reach/analog based design. A combination of methods will be used to estimate bankfull flows, and flows corresponding to other significant storm events. A HEC-RAS model will then be used to simulate water surface elevations of flows generated by the hydrologic analysis. The development of the HEC model is an important component to the design; therefore, model input parameters are field verified when possible. Through this hydrologic analysis, the design discharge (typically referenced as bankfull or dominant discharge) will be determined. The subsequent design will be based on this calculated discharge. As part of the design process, a qualitative analysis of sediment supply will be performed by characterizing watershed conditions.A combination of windshield surveys, existing land use data, and historical aerial photography, followed up by ground-truthing,will be analyzed to assess existing and past watershed conditions and to determine if any changes occurred that would significantly impact sediment supply. Design parameters developed through the analyses of reference reach data, watershed characterizations, and hydrologic and hydraulic modeling will be confirmed using the Sediment Transport Analysis components within HEC- RAS in conjunction with shear stress and velocity analyses. Engineering analyses are performed concurrently with geomorphic and habitat studies.While the stream design will be verified through simulations of hydrology and fluvial processes, analogs of desirable habitat features will be derived from reference sites and integrated into the Project design.Both in-stream and riparian habitat features will be designed. In-stream structures will be used throughout the Project to act as grade control and for bank stabilization by dissipating and redirecting the stream's energy.Bank stability may further be enhanced through the installation of brush mattresses,live stakes and cuttings bundles. The riparian buffer areas will be planted with native species creating a vegetated buffer, which will provide numerous water quality and ecological benefits. Stream banks will be stabilized using a combination of grading, erosion control matting,bare-root plantings, native material revetment techniques (i.e., bioengineering), structure placement,and sod transplants where possible.In addition,exotic invasive species,especially Chinese privet,will be treated to ensure survival of planted,native vegetation.The stream and adjacent riparian areas will be protected by a minimum 50-foot conservation easement which will be fenced to exclude livestock. Crossings There are four easement breaks proposed on the Project (Figure 6).The most upstream break is located on Brad's Branch-B and is an existing powerline easement. It will be approximately 30 feet wide. The second-most upstream crossing is Darden Road, an NC Department of Transportation-maintained road, which will be approximately 130 feet and encompasses the road, road shoulder, aboveground electrical, and belowground water utilities. There are also two 40-foot wide agricultural crossings proposed for the project; one on the middle portion of Brad's Branch C and one on DE4-B.Both agricultural crossings will be culverted and fenced so as to prevent upstream or downstream access by cattle without relying on the use of gates. Wetland Mitigation Approach Preliminary field investigations confirm the presence of hydric soils throughout the Project. The hydric soil areas have been compacted by livestock and drained to a degree that they are trafficable by agricultural equipment throughout the year.The pasture areas are dominated with pasture grasses and mostly devoid of natural vegetation. The Project provides an excellent opportunity for the re-establishment, rehabilitation, and enhancement of a Bottomland Hardwood-type wetland community. The wetland re-establishment area is located in the historic floodplain of the downstream Brad's Branch-D and within the Six Runs Creek floodplain. Currently, the area is utilized for pasture with some timber stands on the upper slopes above the floodplain. Stream relocation to the RFP#16-20190303 Section G.Technical Approach 128 0 southern Project limit, surface grading, and soil compaction and disturbance from livestock eliminated natural wetland functions by reducing hydrology in the system.Vegetation is no longer classified as hydrophilic,but hydric soils remain.These areas are not considered jurisdictional wetlands at this time. The wetland rehabilitation area is located on DE4.This area has been significantly altered by stream relocation and cattle access in the channel. Although hydrology and vegetation are significantly altered, the areas are still considered wetlands (albeit degraded). Finally, the wetland enhancement area is located at the terminus of Brad's Branch, includes the historic stream footprint of Brad's Branch, and is within the floodplain of Six Runs Creek.Vegetation has been significantly altered through clearing and cattle access.A built-up path has been constructed here along the southern boundary.This area will be enhanced by restoring the natural vegetative community. Hydric soils within the proposed wetlands were verified through auger borings by a licensed soil scientist(Appendix). Wetland restoration and enhancement activities will include: • Plugging,backfilling,and stabilizing the existing channel; • Grading restoration areas to match historical contours and promote detention and infiltration; • Reconnecting flow with the existing valley by constructing a new channel; • Restoring hydrology by stream relocation back to the natural valley; • Removing a built-up path adjacent to the southern boundary and using it to fill an excavated area at the bottom of the Project in the vicinity of Brad's Branch D; • Planting herbaceous seed mix and native tree species commonly found in bottomland hardwood forests. The resulting natural communities will provide ecological function far surpassing the current state and will attempt to return the site to its pre-disturbance condition. No hydrologic trespass will affect areas outside the proposed conservation easement. These hydrology restoration activities will result in an elevated seasonal high-water table and increased precipitation infiltration across the proposed areas. Design hydroperiods may be up to 12 to 16 percent of the growing season based on the mapped soil series, according to the preliminary hydric soils report, which was prepared by a North Carolina Licensed Soil Scientist; however,final hydroperiod success criteria will be determined during the mitigation plan stage by additional work including soil boring data,hydrologic modeling,and regulatory guidance and coordination.A detailed approach for each wetland is in the Wetland Technical worksheets found at the end of the Project Development&Design section. Site Preparation and Stabilization Site preparation will involve spraying undesired fescue grass and exotic ' invasive species, contoured ripping, seeding and planting. Livestock will be excluded from the easement area by installing permanent fence. Stabilization • ,_ _ and implementation of dispersal techniques will be utilized where surface flows have become concentrated. _. Immediately following completion of restoration activities, disturbed areas will be stabilized to prevent erosion. Where applicable, like Priority II -=4 restoration tie-ins and crown removal in wetland restoration areas,topsoil will y ' - • be stockpiled and re-applied to provide a favorable seedbed.To provide a rapid herbaceous cover,planting of a temporary seed mix will be required.Areas of Wetland area at the western end of the Project, compacted soil will be ripped and disked prior to seed mix application and tree above the confluence of Brad's Branch-C and D planting. Soil amendments will be provided as needed based on the results of soil fertility tests. Riparian and Wetland Vegetation The riparian planting designs will both achieve the following goals:filter existing or potential runoff,provide channel and soil stability, improve terrestrial wildlife habitat, and restore wetland areas. The first step to developing the vegetation plan will be a comprehensive vegetation and tree survey as a component of the overall data collection. This will identify and map invasive species treatment areas, specimen trees for protection,likely seed sources and successional communities, and potential trees to use for construction materials. Some of the variables affecting the vegetation design are soils,slope,compaction,and existing adjacent mature trees. RFP#16-20190303 Section G.Technical Approach 129 0 The Project will include planting areas with no existing tree canopy or sparse tree canopy. Open areas adjacent to existing fields will be planted with fast-growing species to quickly establish a tree dominant community and maximize nutrient uptake.Species selection will include those present in the watershed and/or based on Schafale's Natural Communities of North Carolina: Fourth Approximation (2012). Table 6 lists proposed tree types to be planted at the site,where no one species is greater than 50% of the total planted stems.A final planting list will be developed during the mitigation planning stage and will be tailored to site conditions and objectives.Temporary and permanent riparian seed mixes will be utilized to provide a rapid herbaceous cover and stabilization on un-vegetated areas of the site and any disturbed areas will require a temporary seed mix. Table 6. Conceptual Planting Plan •mmon Nam Scientific name % Composition p Black gum Nyssa sylvatica 15 Bald cypress Taxodium distichum 15 River Birch Betula nigra 15 Swamp Chestnut Oak Quercus michauxii 15 Willow Oak Quercus phellos 10 White Oak Quercus alba 10 Water Oak Quercus nigra 10 American sycamore Platanus occidentalis 10 Invasive Species The presence of invasive exotic plants within the easement can prevent native vegetation from becoming established and has the potential to affect and prolong closeout.While invasive exotic plant treatment is necessary,it is equally necessary to be mindful of realistic outcomes and overall aquatic function. Invasive exotic plant species known to occur at the Project include Japanese honeysuckle and Chinese privet. RES will perform all invasive exotic vegetation treatment. This may include herbicide applications and/or mechanical control. RES will conduct invasive species treatments at construction (baseline) and Year 2.Additional treatments will be dependent on monitoring results and regulatory agency guidance.These treatments will be timed in accordance with specific invasive exotic plant phenology for the most effective control. Considering such factors as the influence of established invasive exotics on adjacent land, it is not feasible to expect complete eradication of the targeted invasive species. However, RES does expect to achieve significant reduction of targeted invasive exotic species through this control plan. The goal of the treatment program is control of invasive exotic species such that the target natural communities are present and on a positive trajectory at Project closeout. Marking and Protecting of Easement Boundary Marking and protecting of the easement boundary will utilize various methods depending upon the existing land use. Easement areas will utilize underground rebar and above ground marker stakes on all corners. DMS conservation easement signs will be posted at all corners,gates,access points,and at minimum 200-foot intervals. RFP#16-20190303 Section G.Technical Approach 130 P Technical Worksheets Project Name: Six Runs Mitigation Type: Enhancement II(2.5) Reach Length: 321 Reach ID: Brad's Branch A Mitigation Ratio: 2.5:1 SMU Yield: 128.400 Reach Data Hydrology: Intermittent Bank Height(ft): 0.9 NCDWR Stream Score 25 Drainage Area: 53 AC Channel Width(ft): 7 Buffer Condition Measured XS Area(ft2): 4 Bank Angle: 36° LB Buffer Width(ft): 50-100 Regional Curve XS Area(ft2): 3 Bed Material: Sand RB Buffer Width(ft): 50-100 Watershed Conditions Impairments F Sediment 7 Nutrients I. Riparian Buffer I— Biological I— Hydrological Function r Stability Impervious Surfaces r Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No IMIIIII Reach Conditions .1111161. Percent Active Bank Erosion: <20 Percent Channel Incision: <50 On-Site Water Quality/Habitat Stressors r Livestock I- Stormwater r CAFO I— Maintained Vegetation ✓ Tiles/Ditches W Row Crops F Instream Habitat F Invasive Species F.' Channelization I— Impoundment P Debris/Trash r Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Moderate FEMA Floodplain: No Sediment: High Geomorphic: Moderate Utilities: No Stormwater: Moderate Physicochemical: Moderate Crossings: No Biological: Low Wetlands: Yes Design Notes:Brads Branch-A is an intermittent stream flowing south-west before coming to a confluence with MT2 near the downstream end of the reach.The riparian buffer is degraded throughout the reach,containing a mature hardwood canopy,mixed shrub understoryand invasives.The channel bed is composed of sand,and cattle have access to the entire reach. Enhancement II activities will include supplemental buffer planting,invasives treatment and cattle exclusion.The protection and enhancement of the riparian areas will provide contiguous wildlife corridors between the project and surrounding forested areas.Habitat will further be improved through buffer plantings and livestock exclusion. ii ,r 1 E. }: . '.,..-;...:.':;.-:7 .%.:..,.-: vt•„".7-.,;.0.„t., ... f.4.yti*' .'fir i •k ' - .:•,:-i;... :.?1.:-.1..1•-!j..;.'2...,.-.g-.i-:'.;....)Oq',7a r..:.g-.,. , 1t ~ ; ...4 .�y {..fir: ' ` RFP#16-20190303 Section G.Technical Approach 131 P Project Name: Six Runs Mitigation Type: Enhancement I Reach Length: 406 Reach ID: Brad's Branch B Mitigation Ratio: 1.5:1 SMU Yield: 270.667 iiaMi Reach Data Hydrology: Intermittent Bank Height(ft): 2 NCDWR Stream Score 25 Drainage Area: 83 AC Channel Width(ft): 8.3 Buffer Condition Measured XS Area(ft2): 11 Bank Angle: 31° LB Buffer Width(ft): 50-100 Regional Curve XS Area(ft2): 4 Bed Material: Sand RB Buffer Width(ft): 15-30 Watershed Conditions Impairments l Sediment r Nutrients M Riparian Buffer I- Biological I- Hydrological Function Stability Impervious Surfaces I- Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Condition Percent Active Bank Erosion: 20-50 Percent Channel Incision: 50-75 On-Site Water Quality/Habitat Stressors r Livestock Stormwater r CAFO Maintained Vegetation I— Tiles/Ditches 17 Row Crops � Instream Habitat l Invasive Species F Channelization I— Impoundment 17 Debris/Trash P Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: No Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physicochemical: Low Crossings: Yes Biological: Moderate Wetlands: Yes Design Notes:Brad's Branch-B is an intermittent stream flowing south from the confluence of Brad's Branch Aand MT2 down to the culvert under East Darden Road.The riparian buffer is degraded throughout,containing a mature hardwood canopy and invasives.Buffer widths average 50 feet or greater along both banks of the upper half of the reach and along the left bank onlyfor the downstream end.The buffer along the right bank of the lower half parallels Darden Road where widths range from 15 to 30 feet.This sand bed channel is incised and exhibits localized areas of lateral instability throughout the reach.Cattle have access to the stream and adjacent floodplain areas. Enhancement I activities will include bank grading,structure installation,cattle exclusion and riparian buffer enhancement.Bank grading and structure installation,such as log sills and brush toes,will address channel incision,enhance hydraulic function,and reduce sediment loads to downstream channels.The enhancement of the buffers through supplemental plantings and invasives treatment in conjunction with cattle exclusion will reduce nutrient and sediment loads to the channel. :.--.5r:?) .1. 4 102 a i� _=i 101 - -7- - " . .. "- 100 A..........y.................. +Frr cam" ;; C :. . , #'i" .'iit ar 0 2 4 6 8 10 12 14 r. lire" ir .....• Width RFP#16-20190303 Section G.Technical Approach 132 0 Project Name: Six Runs Mitigation Type: Restoration Reach Length: 4,600 Reach ID: Brad's Branch Mitigation Ratio: 1.0:1 SMU Yield: 4,600.000 Reach Data Hydrology: Perennial Bank Height(ft): 3.8-6.3 NCDWR Stream Score 41.5 Drainage Area: 531 AC Channel Width(ft): 11-22 Buffer Condition Measured XS Area(ft2): 34-80 Bank Angle: 42-61 LB Buffer Width(ft): 30-50 Regional Curve XS Area(ft2): 13 Bed Material: Sand/Gravel RB Buffer Width(ft): 0-15 Watershed Conditions Impairments F Sediment F Nutrients F. Riparian Buffer f Biological I— Hydrological Function 17 Stability Impervious Surfaces Iv Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRAs The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Conditions Percent Active Bank Erosion: 20-50 Percent Channel Incision: 50-75 On-Site Water Quality/Habitat Stressors r Livestock v Stormwater I— CAFO iv Maintained Vegetation Io Tiles/Ditches I` Row Crops F Instream Habitat F Invasive Species F Channelization I` Impoundment F Debris/Trash I—Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMA Floodplain: Yes(west end) Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physicochemical: Low Crossings: Yes _ Biological: Low Wetlands: Yes Design Notes:Brad's Branch-C is a perennial stream that begins just downstream of a perched 42"CMP under Darden Road.The channel originates from a headwater system located within a row crop/livestock-grazed forest complex upstream of Darden Road that includes reaches MT1-A MT1-B and MT2.The reach is additionallyfed by seeps within the confined stream valley and three ponds in the adjacent upland areas.DE4 has a confluence with Brad's Branch in the middle-downstream portion of the reach.The riparian buffer varies in width,with the upper portion of the stream being well- buffered.The middle portion of the reach has limited buffer,and the lower portion of reach is buffered on the left bank but completely absent of buffer on the right bank.Cattle have access throughout the entire reach and have severely degraded the stream. A mix of Priority 1 and 2 restoration is proposed for this reach.Since the upstream limit of the reach is constrained bythe DOT culvert,the upper 700- 800 feet of the reach will begin as Priority 2 before transitioning to Priority 1.Restoration activities will include reconstructing an appropriately sized channel with moderate sinuosity and lifting the channel to allow for frequent inundation of the adjacentfloodplain.Log structures will be used to provide vertical stability and increase bedform diversity and habitat features.Brush-toe structures or log vanes will be installed on the outside of meander bends to provide bank stability,increase bank roughness,and provide aquatic habitat.An existing culvert crossing will be removed and relocated near the middle of the reach to allow the landowner continued access across the property. The easement will be protected with fencing to exclue cattle,and minimum 50-foot buffers will be re-established throughout with native vegetation. Priority 2 design and construction will follow DMS and IRT criteria. • ' .- ti * 'ti; 104 ' --•. —-' _'e' ., 102 ', . •r ,r." itr .,. . •_. •.. ..„. .. • ••„.. , . •,. ioo •:,... .. . ...•. .-, • ,.. ,• ..-, . ._ ;*•.; • „q ....._. 7---• ,. • . .• .;,1. : . 0 98 co Tyf rY* 4, 92 96 ...... ....44 ..... . . 1 . ./.... 94 -\ k, ;'. ,*'• 0 5 10 15 20 25 30 „ /ik‘i i Ii - . , F Width REP#16-20190303 Section G.Technical Approach 133 P -reject Name. Six Runs Mitigation Type: Restoration(VL) Reach Length: 634 Reach ID: Brad's Branch D Mitigation Ratio: 1.0:1 SMU Yield: 634.000 Reach Data Hydrology: Perennial Bank Height(ft): 1.8 NCDWR Stream Score 41.5 Drainage Area: 544 AC Channel Width(ft): 10.1 Buffer Condition Measured XS Area(ft2): 11 Bank Angle: 17° LB Buffer Width(ft): 30-50 _ Regional Curve XS Area(ft2): 13 Bed Material: Sand RB Buffer Width(ft): 0-15 Watershed Conditions Impairments l Sediment r Nutrients M Riparian Buffer I— Biological l Hydrological Function Stability Impervious Surfaces Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Conditions Percent Active Bank Erosion: 20-50 Percent Channel Incision: <50 On-Site Water Quality/Habitat Stressors F Livestock I— Stormwater E CAFO W Maintained Vegetation I— Tiles/Ditches I— Row Crops F Instream Habitat l Invasive Species F Channelization I— Impoundment I— Debris/Trash E Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: Yes Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physicochemical: Low Crossings: No _ Biological: Low Wetlands: Yes _ Design Notes:Brad's Branch-D is a perennial reach downstream of Brad's Branch-C and is located within a veryflat landscape and active pasture.This reach was historically ditched and relocated to the southern edge of valley and has been actively maintained.The downstream end of the reach has been corn pletelyfilled in with sediment,causing flow to be diverted back to the natural valley as sheet flow into an existing,degraded wetland.The left bank of the feature is forested and the right bank consists of pasture grasses and wetland vegetation.Cows have access to the entire system. Restoration activities will include diverting flow from Brad's Branch Athrough the natural valley and existing wetland area,providing connection down to the stream/wetland complex along Six Runs Creek.The riparian buffer will be restored,reducing sediment loads to downstream channels,and the widening and restoration of the riparian areas will provide wildlife corridors throughout the project area.Additional uplift will be provided through cattle exclusion with fencing. Post-restoration,it is anticipated that the system will exhibit characteristics of a stream/wetland system within the mapped FEMA floodplain area of Six Runs. ::: 1 ,i, ' — 1-.!. y' , t :: 98 i 5 y •ti y• } g f - . .t, . 96 - co _... - -- —. . - -. ter- r, 11111411F _ � • s _ .1 r .. 90 . } ' '� 0 10 20 30 40 r s c�.;• �.x : Width RFP#16-20190303 Section G.Technical Approach 134 0 Project Name: Six ' II Mitigation Type: Enhancement II(2.5) Reach Length: 288 Reach ID: Mitigation Ratio: 2.5:1 SMU Yield: 115.200 Reach Data Hydrology: Intermittent Bank Height(ft): 2 NCDWR Stream Score 19 Drainage Area: 14 AC Channel Width(ft): 10 Buffer Condition Measured XS Area(ft2): 14 Bank Angle: 34° LB Buffer Width(ft): 0-15 Regional Curve XS Area(ft2): 1 Bed Material: Sand/Clay RB Buffer Width(ft): 0-15 Watershed Conditions Impairments Sediment r Nutrients M Riparian Buffer To Biological I- Hydrological Function l Stability Impervious Surfaces Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Condition Percent Active Bank Erosion: NA Percent Channel Incision: NA On-Site Water Quality/Habitat Stressors r Livestock Stormwater E CAFO ' Maintained Vegetation I- Tiles/Ditches i Row Crops � Instream Habitat l Invasive Species F Channelization I- Impoundment % Debris/Trash E Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: No Sediment: Moderate Geomorphic: Low Utilities: No Stormwater: Moderate Physicochemical: Low Crossings: No Biological: Low Wetlands: No Design Notes:Reach DE2-A is an intermittent stream originating from a seep in the field and flowing south-west into DE2-B before coming to a confluence with Brad's Branch-A The riparian buffer is in poor condition with little to no understory.Cattle have direct access to the entire DE2 reach and have severely degraded the stream. Enhancement II activities will include minimal bank grading,structure installation,cattle exclusion and riparian buffer restoration.Spot bank treatment and structure installation will address vertical instability and reduce sediment loads to downstream channels,and the widening and restoration of the riparian areas will provide wildlife corridors throughout the project area.An agricultural BMP will be installed at the upstream end to address runoff received from adjacent pastures. ' 't P '... . • • la 1 it Of lit..1.J.:1 fil .kg.• ''.r..! i I i . an.•APkgri -5. J.,.. $' •;.!ii• 5/. ::r..i-• • t irgeiL141 f 41.. .. . �t `-' - ; ' .t ip- • • • '`. ;* . RFP#16-20190303 Section G.Technical Approach 135 P Project Name: Six - 1- Mitigation Type: Restoration Reach Length: 90 Reach ID: DE II Mitigation Ratio: 1.0 :1 SMU Yield: 90.000 Reach Data Hydrology: Intermittent Bank Height(ft): 0.9 NCDWR Stream Score 19 Drainage Area: 14 AC Channel Width(ft): 6.8 Buffer Condition Measured XS Area(ft2): 2 Bank Angle: 21° LB Buffer Width(ft): 0-15 Regional Curve XS Area(ft2): 1 Bed Material: Sand RB Buffer Width(ft): 0-15 Watershed Conditions Impairments P Sediment r Nutrients M Riparian Buffer I— Biological r Hydrological Function Stability Impervious Surfaces Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Condition Percent Active Bank Erosion: <20 Percent Channel Incision: <50 On-Site Water Quality/Habitat Stressors r Livestock Stormwater E CAFO d Maintained Vegetation I— Tiles/Ditches i Row Crops 1 Instream Habitat l Invasive Species F Channelization I— Impoundment % Debris/Trash E Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: No Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physicochemical: Low Crossings: No Biological: Low Wetlands: No Design Notes:Reach DE2-B is an intermittent stream originating just above the confluence with Brad's Branch-A.A culvert crossing located at the upstream end of the reach connects DE2-A and DE2-B.The riparian buffer is in poor condition with mostly mature hardwood trees and little to no understory throughout the reach.Cattle have direct access to the entire DE2 reach and have severely degraded the stream. Restoration activities will include reconstructing a type E/C stream with moderate sinuosity,removing the existing crossing and cattle exclusion.Log structures will be used to provide vertical stability,increase bedform diversity and enhance aquatic habitat. The widening and restoration of the riparian areas will provide contiguous wildlife corridors throughout the project. d it . , :. . ti - I A 101 ` • ``' z�{ 100 • {++` — -^ -=.ram a> 1.- },� 0 2 4 6 8 10 12 14 • . Width RFP#16-20190303 Section G.Technical Approach 136 P Project Name: Six ' ill Mitigation Type: Restoration Reach Length: 184 Reach ID: D Mitigation Ratio: 1.0 :1 SMU Yield: 184.000 Reach Data Hydrology: Intermittent Bank Height(ft): 1.4 NCDWR Stream Score 23 Drainage Area: 29 AC Channel Width(ft): 10.5 Buffer Condition Measured XS Area(ft2): 9 Bank Angle: 16° LB Buffer Width(ft): 0-15 Regional Curve XS Area(ft2): 2 Bed Material: Sand/Gravel RB Buffer Width(ft): 0-15 Watershed Conditions Impairments P Sediment r Nutrients M Riparian Buffer I— Biological r Hydrological Function l Stability T Impervious Surfaces Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Condition Percent Active Bank Erosion: 20-50 Percent Channel Incision: 50-75 On-Site Water Quality/Habitat Stressors r Livestock Stormwater E CAFO W Maintained Vegetation I— Tiles/Ditches i Row Crops I Instream Habitat l Invasive Species F Channelization l Impoundment % Debris/Trash l Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: No Sediment: High Geomorphic: Low Utilities: No Stormwater: Moderate Physicochemical: Low Crossings: No _ Biological: Low Wetlands: No Design Notes:Reach DE3 is an intermittent stream fed by Pond A to the north and flows south to a confluence with Brad's Branch-A The primary spillway of Pond A is not currentlyfunctional,and the pond currently utilizes its emergency spillway for all outflow.The riparian buffer is in poor condition with an open understory,downed trees and vegetative debris that are both within and surrounding the channel.The channel has little bedform,and bed materials consistofa mix of sand and gravel. Restoration activities will include installing a pond syphon system in Pond A,per NRCS guidelines,to act as the primary spillway and to restore flow back to the natural valley.Downstream of the pond outlet,a new meandering channel will be constructed and the existing channel will be filled, stabilized and converted back to an emergency spillway.Log structures and brush toes will be used to provide vertical and lateral stability,and increase bedform diversity and enhance aquatic habitat.Cattle will be excluded from the area,and the riparian areas will be planted with native vegetation. li T .; I iF:,t .1. l� 102 • 'r :. `. x 101 r• C 100 y 'ra i:*. hx = '' 0 5 Width 10 15 RFP#16-20190303 Section G.Technical Approach 137 0 Project Name: Six ' 111 Mitigation Type: Enhancement II(2.5) Reach Length: 289 Reach ID: Mitigation Ratio: 2.5:1 SMU Yield: 115.600 Reach Data Milill- Hydrology: Perennial Bank Height(ft): 1.4 NCDWR Stream Score 42.5 Drainage Area: 288 AC Channel Width(ft): 9.2 Buffer Condition Measured XS Area(ft2): 9 Bank Angle: 20° LB Buffer Width(ft): 50-100 Regional Curve XS Area(ft2): 9 Bed Material: Sand/Gravel/Cobble RB Buffer Width(ft): 50-100 Watershed Conditions Impairments l Sediment r Nutrients M Riparian Buffer I— Biological I— Hydrological Function Stability Impervious Surfaces I— Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply: No LWP Area:I No I RWP Area:I No Reach Condition Percent Active Bank Erosion: <20 Percent Channel Incision: <50 On-Site Water Quality/Habitat Stressors ✓ Livestock Storm water r CAFO d Maintained Vegetation I— Tiles/Ditches 1 Row Crops 1 Instream Habitat l Invasive Species ✓ Channelization I— Impoundment I— Debris/Trash P Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: Moderate Hydraulic: Moderate FEMA Floodplain: No Sediment: Moderate Geomorphic: Moderate Utilities: No Stormwater: Moderate Physicochemical: Moderate Crossings: No Biological: Moderate Wetlands: No Design Notes:Reach DE4-A is a perennial stream originating off site and flows south,feeding into DE4-B,which eventually comes to a confluence with Brad's Branch downstream.The riparian buffer is wide throughout the reach and contains mature hardwood trees(oak species,American beech,etc.) make up the canopywhile shrubs(American holly,river cane,etc.)make make up the understory.There is much less debris/trash surrounding this reach than the others within the Project.Cattle have direct access to the entire DE4 reach. Enhancement II activities will include supplemental buffer planting,invasives treatment and cattle exclusion.The protection and enhancement of the riparian areas will provide contiguous wildlife corridors between the project and surrounding forested areas.Habitat will further be improved through buffer plantings and livestock exclusion. . - 102 100...._ '�; _ c • .- . :..i . ill". 97 - ',F ' _ r g .F,� w ,4 , ie• 96 * ' � 1 .'f `� ,. 4. 0 5 10 15 20 • v .' . - - Width RFP#16-20190303 Section G.Technical Approach 138 0 Project Name: Mitigation Type: Restoration Reach Length: 890 Reach ID: Mitigation Ratio: 1.0 :1 SMU Yield: 890.000 Reach Data Hydrology: Perennial Bank Height(ft): 2.2 NCDWR Stream Score 42.5 Drainage Area: 294 AC Channel Width(ft): 11.7 Buffer Condition Measured XS Area(ft2): 22 Bank Angle: 21° LB Buffer Width(ft): 15-30 Regional Curve XS Area(ft2): 9 Bed Material: Sand/Gravel RB Buffer Width(ft): 0-15 Watershed Conditions Impairments P Sediment P Nutrients P Riparian Buffer I— Biological I` Hydrological Function ! Stability Impervious Surfaces Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRAs The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminarysite evaluations. Water Supply: No LWP Area:I No I RWP Area:I No -111111 Reach Conditions Percent Active Bank Erosion: 20-50 Percent Channel Incision: >75 On-Site Water Quality/Habitat Stressors r Livestock Stormwater I— CAFO iv Maintained Vegetation Io Tiles/Ditches I` Row Crops I Instream Habitat I7 Invasive Species I+' Channelization I` Impoundment I— Debris/Trash l Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: No _ Sediment: High Geomorphic: Low Utilities: No _ Stormwater: Moderate Physicochemical: Low Crossings: Yes Biological: Low Wetlands: Yes Design Notes:Reach DE4-B is a perennial stream flowing south-west from DE4-A and through a degraded farm crossing before coming to a confluence with Brad's Branch.The riparian buffer is wide on the right bank above the crossing,containing a mature hardwood canopy and mixed shrub understory,while the left bank has almost no buffer.Downstream of the crossing,a narrow band of trees intermittently line both banks.The channel bed is composed of sand and gravel and is moderately incised throughout the reach. Restoration activities will include reconstructing an appropriately sized channel with moderate sinuosity and lifting the channel to allow for frequent inundation of the adjacentfloodplain.Log structures will be used to provide vertical stability and increase bedform diversity and habitat features.Brush- toe structures or log vanes will be installed on the outside of meander bends to provide bank stability,increase bank roughness,and provide aquatic habitat.An existing culvert crossing will be removed and replaced near the middle of the reach to allow the landowner continued access across the property. The easement will be protected with fencing to exclue cattle,and minimum 50-foot buffers will be re-established throughout with native vegetation.Also,wetland re-establishment is being proposedlong the southern portion of the reach. ' 103 _ _._ 10 -------"----N\\ 1 { .ice , - 97 - _. w 95 ar � .� 91 .- No**' 0 5 10 15 20 25 30 Width RFP#16-20190303 Section G.Technical Approach 139 P Project Name: Six ' II Mitigation Type: Enhancement II(2.5) Reach Length: 109 Reach ID: Mitigation Ratio: 2.5:1 SMU Yield: 43.600 Reach Data Hydrology: Intermittent Bank Height(ft): 0.5 NCDWR Stream Score 19.5 Drainage Area: 10 AC Channel Width(ft): 4.5 Buffer Condition Measured XS Area(ft2): 2 Bank Angle: 22° LB Buffer Width(ft): 50-100 Regional Curve XS Area(ft2): 1 Bed Material: Sand RB Buffer Width(ft): 30-50 Watershed Conditions W0 Sediment W.' Nutrients Impairments 7 Riparian Buffer I- Biological I- Hydrological Function W0 Stability Impervious Surfaces I- Terrestrial Habitat Conservation Areas: No TRA This reach lies within the hydrology,water quality,and habitat TRA's The USFWS database(accessed 24 February2020)for Sampson County,North Carolina lists three threatened or endangered species,red-cockaded woodpecker(Picoides borealis), Rare Species: No wood stork(Mycteria americana),and pondberry(Lindera melissifolia). No protected species were observed during preliminary site evaluations. Water Supply No LWP Area:I No I RWP Area:I No - Reach Conditions JiMilli Percent Active Bank Erosion: <20 Percent Channel Incision: <50 On-Site Water Quality/Habitat Stressors r Livestock I- Stormwater _I- CAFO I- Maintained Vegetation I- Tiles/Ditches P Row Crops P Instream Habitat * Invasive Species P Channelization I- Impoundment r Debris/Trash P Aquatic Passage Land Use Impacts Functional Condition Constraints Nutrient: High Hydraulic: Low FEMAFloodplain: No Sediment: Moderate Geomorphic: Low Utilities: No Stormwater: Low Physicochemical: Low Crossings: No Biological: Low Wetlands: Yes _ Design Notes:Reach MT2 is an intermittent stream flowing south,originating just before the confluence with MT1-A The riparian buffer is degraded throughout,containing a mature hardwood canopy,mixed shrub understoryand invasives.The stream bed is composed of sand and lacks significant channel structure and function due to impacts from cattle access. Enhancement II activities will include supplemental buffer planting,invasives treatment and cattle exclusion.The enhancement of the buffers through supplemental plantings and invasives treatment in conjunction with cattle exclusion will reduce nutrient and sediment loads to the channel and downstream reaches. '.•:-..-4:;s:..:. „.i.,1 rr..7 I:'*.•-_•.: w' ' &r.,.'_: .;' .:. •; F.•; ::,.•. r,* J "f- . k ' _ , : ~0,.,' i.- f 1 },#F+, 44r•• •••.4;...• F.'•!t:.r..I,-•.7:::..;:.1. .,.r..,,,,4F,.y.....,..::4r 1 t f •:,,....-..•_-,:.r ' 'si +_ t:IA Ile .,0 , i ., . 40...,..__.. It • •" 11.6.,;•.a.r. .. •:. laiw.... ,.- ,•. • • pi,_.a.;- ra 2 ,,,. • r+` e 'j' - ;,, 'w • 'fig ar.. .s . '. '.k .,1,-:.:,:-: -" i RFP#16-20190303 Section G.Technical Approach 140 P Proposed Mitigation The Project presents the three crediting options. Option A and Option B propose the same Project and each produce 6,639.067 SMUs and 8.265 WMUs; however,to meets the need of DMS, RES is offering Option A at 6,500 SMUs and 4.00 WMUs, and Option B at 6,639.067 SMUs and 8.265 WMUs (Figure 8a). Finally, Option C proposes to add one additional reach proposed to be credited by valley length; this option provides 7,219.067 warm SMUs and 8.085 riparian WMUs(Figure 8b).Table 7 and Table 8 detail the mitigation type and credits proposed.The stream credits will be derived from Restoration, Enhancement I, and Enhancement II, and wetland credits will be derived from Restoration via Re-establishment and Rehabilitation and from Enhancement. A detailed description of the methodology and calculations will be included in the mitigation plan. Table 7. Proposed Miti•ation for Option A and B Stream Mitigation —Options A and B Reach ID Mitigation Type Proposed Length Ratio War Brad's Branch-A Enhancement II 321 2.5 128.400 Brad's Branch-B Enhancement I 706 1.5 470.667 Brad's Branch-C Restoration 4,486 1 4,486.000 MT2 Enhancement II 306 2.5 122.400 DE2-A Enhancement II 153 1 153.000 DE2-B Restoration 294 1 294.000 DE3 Restoration 289 5 57.800 DE4-A Enhancement II (5:1) 890 1 890.000 DE4-B Restoration 79 0 0.000 DE5 Non-Crediting 97 0 0.000 DE6 Non-Crediting 92 2.5 36.800 Total 7,713 6,639.067* *Project generates 6,639 SMUs and 8.265 WMUs,but RES is bidding 6,500 SMUs and 4.0 WMUs. Wetland Mitigation-Options A and B Mitigation Type Acres Ratio WMUs Riparian Wetland Restoration: Re-establishment 4.52 1 4.520 Riparian Wetland Restoration: Rehabilitation 0.84 1.5 0.560 Riparian Wetland Enhancement(2:1) 6.17 2 3.085 Riparian Wetland Enhancement(5:1) 0.50 5 0.100 Total 12.03 8.265 RFP#16-20190303 Section G.Technical Approach 141 0 Table 8. Proposed Mitigation for Option C E Proposed Length Ratio Warm SMUs ii- Brad's Branch-A Enhancement II 321 2.5 128.400 Brad's Branch-B Enhancement I 706 1.5 470.667 Brad's Branch-C Restoration 4,486 1 4,486.000 Brad's Branch-D Restoration (Valley Length) 580 1 580 MT2 Enhancement II 306 2.5 122.400 DE2-A Enhancement II 153 1 153.000 DE2-B Restoration 294 1 294.000 DE3 Restoration 289 5 57.800 DE4-A Enhancement II (5:1) 890 1 890.000 DE4-B Restoration 79 0 0.000 DE5 Non-Crediting 97 0 0.000 DE6 Non-Crediting 92 2.5 36.800 Total 8,293 7,219.067 Wetland Mitigation-Option 6. Mitiga Acres Ratio Riparian Wetland Restoration: Re-establishment 4.52 1 4.520 Riparian Wetland Restoration: Rehabilitation 0.84 1.5 0.560 Riparian Wetland Enhancement(2:1) 5.81 2 2.905 Riparian Wetland Enhancement(5:1) 0.50 5 0.100 Total 11.67 8.085 RFP#16-20190303 Section G.Technical Approach 142 Current Ownership and Long-Term Protection RES has entered into agreements for Purchase and Sale of Easements from the landowner on the parcels that comprise the Project area. Table 9 summarizes the landowner agreements and properties. Copies of recorded memorandums documenting the landowner agreements are provided in the Appendix. Table 9. Summary of Site Current Land Ownership Owner of Record Agreement Date Agreement Type PIN #(s) Daniel C. Evans January 30, 2020 Easement 13012570002, 03117989601, 10337989604, 13007989607 Joan B.Troublefield March 23, 2020 Easement 13102516012 The easement agreements with the current landowners allow RES to acquire a permanent conservation easement by way of direct purchase of an easement from the Owner of Record on behalf of the State of North Carolina. Per the requirements of the RFP, long-term protection of the mitigation site will occur through the conveyance of the conservation easement to the State. Project Phasing RES has extensive restoration and mitigation banking experience, including stream and wetland mitigation, and understands the most recent requirements and standards applicable to mitigation in North Carolina. Accordingly, RES is in a strong position to implement the Project in a timely and effective manner. Upon contract execution, RES will implement the Project schedule outlined in Table 10. Table 10. Project Schedule Project Task Scheduled Completion Time (after contract execution) Task 1. Regulatory Site Visit and Environmental Screening 6 months from Contract Task 2. Submitted Recorded Conservation Easement 24 months from Contract Task 3. Mitigation Plan (Final Draft) and Financial Assurance 18 months from Contract Task 4. Mitigation Site Earthwork Completed April 2023 Task 5. Mitigation Site Planting and Installation of Monitoring Devices April 2023 Task 6. Baseline Monitoring Report Approved by DMS July 2023 Task 7. Submit First-Year Monitoring Report December 2023 Task 8. Submit Second-Year Monitoring Report December 2024 Task 9. Submit Third-Year Monitoring Report December 2025 Task 10. Submit Fourth-Year Monitoring Report December 2026 Task 11. Submit Fifth-Year Monitoring Report December 2027 Task 12. Submit Sixth-Year Monitoring Report December 2028 Task 13. Submit Seventh-Year Monitoring Report and Project Close-Out June 2030 Monitoring and Success Criteria The success criteria for the Project will follow current accepted and approved success criteria presented in the USACE Stream and Wetland Mitigation Guidelines,DMS requirements,and subsequent agency guidance.Monitoring reports will be prepared annually and submitted to DMS. Specific success criteria components are presented below. RFP#16-20190303 Section G.Technical Approach 143 0 As-Built Survey An as-built topographic survey will be conducted immediately following construction to document floodplain grading,channel planform,profile,and dimension.The survey will include a complete profile of centerline,thalweg, water surface,bankfull, and top of bank to compare with future geomorphic data. Longitudinal profiles will not be required in annual monitoring reports unless requested by DMS or USACE. Visual Monitoring Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals.A Current Conditions Plan View (CCPV) and associated tables will be submitted every monitoring year in the annual monitoring report. The Current Condition Plan View (CCPV) provides the spatial distributions and qualitative performance ratings for certain monitoring features.Visual assessments will include vegetation density, vigor,invasive species,and easement encroachments.Visual assessments of stream stability will include a complete stream walk and structure inspection. Digital images will be recorded at fixed representative locations during each monitoring event, as well as at any noted problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. Photographs will be used to subjectively evaluate channel aggradation or degradation,bank erosion, success of riparian vegetation and effectiveness of erosion control measures.Longitudinal photos should indicate the absence of developing bars within the channel or an excessive increase in channel depth. Lateral photos should not indicate excessive erosion or continuing degradation of the banks over time.A series of photos over time should indicate successional maturation of riparian vegetation. Cross Sections Permanent cross-sections will be installed at approximately 1 per 20 bankfull widths with half in pools and half in riffles on all reaches that include restoration or significant channel stabilization.All cross-section measurements will include bank height ratio and entrenchment ratio.There should be minimal changes in the annual monitoring cross- sections from the as-built cross-sections. If changes do take place, they will be evaluated to determine if they represent a movement toward a less stable condition (for example down-cutting or erosion) or are minor changes that represent an increase in stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Channel stability should be demonstrated through a minimum of four bankfull events documented in the seven-year monitoring period. Cross-section surveys will occur in monitoring Years 1, 2, 3, 5,and 7. Stream Hydrology Manual and recording pressure transducer crest gauges will be installed on stream reaches exceeding 1,000 linear feet. Manual gauges will be checked a minimum of twice annually. Pressure transducers will be programmed to record several readings daily to capture all flow events. These gauges will be used to document bankfull events as well as the depth of flows. One on-site rain gauge will be installed to measure daily rainfall totals during the seven- year monitoring period.Stream hydrology success will include documentation of seasonal flow sufficient to maintain an ordinary high-water mark and channel design parameters. Stream hydrology monitoring data will be collected and reported in all seven years of monitoring. Vegetation Specific and measurable success criteria for plant density within the s , +. ,. . . _i 44- riparian buffers and wetlands on the Project will follow current DMS and { :,, IRT Guidance.The following data will be recorded for all trees/shrubs in - #}4. • the plots: species, height, and planting date (or volunteer). Vegetation 7, • monitoring will occur in Years 1, 2, 3, 5, and 7.The interim measures of - v vegetative success for the Project will be the presence of at least 320 - • • three-year or older trees/shrubs per acre at the end of Year 3, and 260 five-year or older trees/shrubs per acre at the end of Year 5. The final vegetative success criteria will be the survival of 210 seven-year-old or • older trees/shrubs per acre at the end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the Project. If necessary, RES will develop a species-specific control plan. Vegetation monitoring at a DMS project in Sampson County RFP#16-20190303 Section G.Technical Approach 144 Adaptive Management and Remedial Actions The Mitigation Plan will include a detailed adaptive management plan that will address how potential problems are resolved. If the Project or a specific component of the Project fails to achieve the defined success criteria, RES will develop necessary adaptive management plans and/or implement appropriate remedial actions for the Site in coordination with DMS and the review agencies. Remedial action required will be designed to achieve the success criteria specified previously and will include identification of the causes of failure, remedial design approach,work schedule,and monitoring criteria that will consider physical and climatic conditions. Quality Control A quality work product is one that meets the requirements of our client's contract,contains all required information, is grammatically correct, and is prepared in accordance with accepted standards of professional practice. This section outlines the RES team's approach to quality control throughout all phases of the Project. RES has a quality control program that begins with thorough review of existing data, proceeds to development of high-quality deliverables,and concludes with a construction management program that ensures the Project is built and performs as intended.The quality control program extends throughout monitoring and maintenance phases of the Project. Rigorous quality controls reduce risk through eliminating errors at the task level and avoiding compounding problems in subsequent tasks and phases. This section outlines the RES approach to quality control throughout all phases of the Project.For every phase of the Project,a Division Leader and the Regulatory Manager will be responsible for verifying deliverable quality in support of the Project Manager. Credit Generation and Risk Determination of estimated stream credit generation for a given site is based on the initial or conceptual mitigation plan developed during the Technical Proposal. The conceptual credit yield follows standard credit ratios from the NC Stream Restoration Guidelines and other more recent regulatory guidance. Following contract award, RES and the design team will present the Project to the IRT and DWR members and negotiate credit ratios based on the proposed level of intervention. Due to the conservative approach taken in the Technical Proposal, IRT negotiations typically result in increased potential credit yields. This allows for design flexibility and efficiencies to "dial-in"the ultimate credit yield in the final design. Full-time construction oversight that allows for design adjustments coupled with immediate as-built survey on a per reach basis allows for real-time checks on credit yield and construction accuracy. During the monitoring phase, scheduled site visits will be supplemented by additional site visits after major storm events. These site visits are above the minimum required for annual monitoring and they will identify adaptive management requirements early to minimize credit risk at close-out. Project Management and Financial Management The RES Project Manager will be responsible for ensuring invoices are submitted promptly upon milestone completion, as defined in the contract. Responsible financial management includes managing Project budgets, tracking percent completion of tasks, administering sub-contracts, and client invoicing. The RES Project Manager will utilize HCSS and project management software tools to provide real-time visibility to Project performance and status. Upon completion and approval of milestones, invoices will be submitted promptly. All invoices, sub- contractor payments, contract amendments,and other accounting tasks will be performed by the RES finance team at the direction of the Project Manager. Field Data Acquisition All data collected in the field will be performed by appropriately qualified personnel. Survey data collection points are determined by the designer in the field. Permanent and temporary hubs with elevation information are set and picked up by the Surveyor to ensure data consistency.Surveys are obtained using the North American Vertical Datum 1988.A minimum of five percent of data collection and survey points will be field verified by the Task Manager or a Project Engineer. RES, in conjunction with the designer,will perform additional data collection such as delineation, tree survey,and geomorphic survey. RFP#16-20190303 Section G.Technical Approach 145 0 Evaluation of Data Reduction of data and interpretations are completed by qualified personnel. Final determination of existing stream morphological parameters and other physiographic features will be reviewed by the Task Manager or a Project Engineer. Written Documents&Figures DMS templates and guidelines are reviewed by all Project team members prior to commencing work on the deliverables. Draft documents are prepared by the Project team and reviewed by the Task Manager for technical data. Staff review is performed for grammar and language. The documents are reviewed for completeness and compliance with published templates.All work products will involve review throughout their development by team members. Deliverable Schedule The schedule is monitored by the Project Manager.All team members are assigned deadlines for data collection and submission of written technical data to ensure that deliverable deadlines are met. Monthly progress meetings (via conference call or in-person),and email updates are tools utilized to monitor Project schedules. Further,the Project Manager will maintain a file to track progress on task completion,critical paths,and overall schedule. Project Design Quality Control during the design phase is not conducted at the end; rather,it is imperative that multiple QC checks are implemented throughout the design.One QC measure is to avoid errors before they occur.This includes detailed conceptual planning and QC of data and modeling in prior phases and a standard design toolbox to simplify Project plans.This exchange of information will result in a better design that is less susceptible to redesign at later stages of the Project.QC checks will be performed by senior design professionals at 50,90,and 100 percent design milestones. A constructability review by a qualified contractor and RES will occur at 50 and 90 percent design. Construction Supervision One aspect of stream restoration that differentiates it from traditional earthwork construction is the number of field decisions required to assure success. A RES Construction Manager will be assigned oversight of the construction phase of the Project,in collaboration with the Project Manager. Project Designers and the Construction Manager will be on-site working closely with the in-house crew or subcontractor to ensure projects are built in accordance with the plans, specifications, and permit requirements. Ongoing verification of grading, channel construction, and structures will ensure the Project is built to acceptable tolerances. Close observation and oversight of stream restoration construction by trained professionals who are knowledgeable of the Project and regulatory criteria is key to Project success. Prior to construction, the design team, the Construction Manager, and the in-house crew superintendent or subcontractor will hold a pre-construction meeting/workshop to review the plans and discuss unique and challenging facets of the design. Construction scheduling and planning are maintained throughout the Project. In-house crew superintendents/subcontractors are asked to submit a detailed construction timeline of the proposed construction sequence of tasks. This schedule provides milestone goals that are monitored to ensure compliance with the Project timeline. On-site recordation of progress and material quantities are maintained to aid in prompt processing of pay requests. Weekly construction reports, as well as photo documentation, are made throughout the construction period and are made available upon request. Permit compliance is maintained through the duration of the construction Project. NPDES and erosion control measures are inspected daily by the construction manager.After rainfall events,rainfall amounts are recorded,and erosion control measures are inspected to assess stability and proper function.Field observation and assessment of the site allows for timely and effective response to arising erosion and sediment control issues,which are addressed and resolved in the field to maintain compliance. As-built survey of completed channel sections will be performed immediately following construction to ensure the channel has been constructed to plan specifications. Monitoring Plan The monitoring plans that will be developed over the seven-year monitoring period will follow current regulatory guidance. Each annual report will be submitted by December 1st of the year of record.The final report will include a Close-Out Summary Report that provides an assessment of the entire monitoring period. RFP#16-20190303 Section G.Technical Approach 146 fires Attachments Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC ATTACHMENT B: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor's responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure the timely submission of proposals. 3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the State reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the State, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the State. 5. EXECUTION: Failure to execute page 1 of the RFP (Execution Page) in the designated space shall render the proposal non-responsive, and it will be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract documents, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications and administration provisions in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT B: INSTRUCTIONS TO VENDORS; (5)ATTACHMENT A: PRICING, and (6)Vendor's proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor shall submit with its proposal any sketches, descriptive literature and/or complete specifications covering the products and Services offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Failure to comply with these requirements shall constitute sufficient cause to reject a proposal without further consideration. 8. RECYCLING AND SOURCE REDUCTION: It is the policy of the State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable and less toxic to the extent that the purchase or use is practicable and cost- effective.We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The Vendor remains responsible for providing packaging that will adequately protect the commodity and contain it for its intended use. Vendors are strongly urged to bring to the attention of purchasers those products or packaging they offer which have recycled content and that are recyclable. 9. CERTIFICATE TO TRANSACT BUSINESS IN NORTH CAROLINA: As a condition of contract award, each out-of- State Vendor that is a corporation, limited-liability company or limited-liability partnership shall have received, and shall maintain throughout the term of The Contract, a Certificate of Authority to Transact Business in North Carolina from the North Carolina Secretary of State, as required by North Carolina law. A State contract requiring only an isolated transaction completed within a period of six months, and not in the course of a number of repeated transactions of like nature, shall not be considered as transacting business in North Carolina and shall not require a Certificate of Authority to Transact Business. 10. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all print responses submitted meet the Ver:4/22/19 Page 28 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC following: • All copies of the proposal are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post-consumer content of 30%. • Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three- ringed binders, glued materials, paper clips, and staples are acceptable. • Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. 11. HISTORICALLY UNDERUTILIZED BUSINESSES: The State is committed to retaining Vendors from diverse backgrounds, and it invites and encourages participation in the procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. In particular, the State encourages participation by Vendors certified by the State Office of Historically Underutilized Businesses, as well as the use of HUB-certified vendors as subcontractors on State contracts. 12. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. To the extent another state does so, North Carolina applies the same percentage increase to the proposal of a vendor resident in that state. Residency is determined by a Vendor's "Principal Place of Business," defined as that principal place from which the overall trade or business of the Vendor is directed or managed. 13. INELIGIBLE VENDORS: As provided in G.S. 147-86.59 and G.S. 147-86.82, the following companies are ineligible to contract with the State of North Carolina or any political subdivision of the State: a) any company identified as engaging in investment activities in Iran, as determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, and b) any company identified as engaged in a boycott of Israel as determined by appearing on the List of restricted companies created by the State Treasurer pursuant to G.S. 147-86.81. A contract with the State or any of its political subdivisions by any company identified in a)or b) above shall be void ab initio. 14. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain as confidential trade secrets in its proposal that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the Vendor, with specific trade secret information enclosed in boxes, marked in a distinctive color or by similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret,the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2.Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. If a legal action is brought to require the disclosure of any material so marked as confidential, the State will notify Vendor of such action and allow Vendor to defend the confidential status of its information. 15. PROTEST PROCEDURES: When a Vendor wishes to protest the award of The Contract awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at: Division of Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party's claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. 16. MISCELLANEOUS: Any gender-specific pronouns used herein, whether masculine or feminine, shall be read and Ver:4/22/19 Page 29 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC construed as gender neutral, and the singular of any word or phrase shall be read to include the plural and vice versa. 17. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the State concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor's proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation or award of a Contract related to this RFP. Failure to comply with this requirement shall constitute sufficient justification to disqualify a Vendor from a Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 18. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter the bid number, and then search. Tabulations will normally be available at this web site not later than one working day after the bid opening. Lengthy or complex tabulations may be summarized,with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 19. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP)allows Vendors to electronically register for free with the State to receive electronic notification of current procurement opportunities for goods and Services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website: https://ncadmin.nc.gov/about-doa/divisions/purchase- contract. 20. WITHDRAWAL OF PROPOSAL: Proposals submitted electronically may be withdrawn at any time prior to the date for opening proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). Proposals that have been delivered by hand, U.S. Postal Service, courier or other delivery service may be withdrawn only in writing and if receipt is acknowledged by the office issuing the RFP prior to the time for opening proposals identified on the cover page of this RFP(or such later date included in an Addendum to the RFP). Written withdrawal requests shall be submitted on the Vendor's letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of proposals shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 21. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the State during the competitive process or after award. The State is bound only by information provided in writing in this RFP and in formal Addenda issued through IPS. 22. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor's sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred or associated with the preparation of proposals. 23. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 24. INSPECTION AT VENDOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment, item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State's determination that such equipment, item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. Ver:4/22/19 Page 30 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 1. PERFORMANCE AND DEFAULT: a) It is anticipated that the tasks and duties undertaken by the Vendor shall include services or the manufacturing, furnishing, or development of goods and other tangible features or components as deliverables that are directly correlated and/or ancillary to the services performed. Except as provided immediately below, and unless otherwise mutually agreed in writing prior to award, any service deliverables or ancillary services provided by Vendor in performance of the contract shall remain property of the State. During performance, Vendor may provide proprietary components as part of the service deliverables that are identified in the solicitation response. Vendor grants the State a personal, permanent, non-transferable license to use such proprietary components of the service deliverables and other functionalities, as provided under this Agreement. Any technical and business information owned by Vendor or its suppliers or licensors made accessible or furnished to the State shall be and remain the property of the Vendor or such other party, respectively. Vendor agrees to perform its services under the contract in the same or similar manner provided to comparable users. The State shall notify the Vendor of any defects or deficiencies in performance of its services or failure of service deliverables to conform to the standards and specifications provided in this solicitation. Vendor agrees to remedy defective performance or any nonconforming deliverables upon timely notice provided by the State. b) Vendor has a limited, non-exclusive license to access and use State Data provided to Vendor, but solely for performing its obligations under this Agreement and in confidence as may be further provided herein.Vendor or its suppliers shall at a minimum, and except as otherwise specified and agreed herein, provide assistance to the State related to all services performed or deliverables procured hereunder during the State's normal business hours. Vendor warrants that its support, customer service, and assistance will be performed in accordance with generally accepted and applicable industry standards. c) If, through any cause, Vendor shall fail to fulfill in a timely and proper manner the obligations under The Contract, the State shall have the right to terminate The Contract by giving written notice to the Vendor and specifying the effective date thereof In that event and subject to all other provisions of this contract, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive compensation for units actually produced, if any, in an amount determined by reducing the total amount due had the full number of Units been produced pro rata, such that the ratio of the final compensation actually paid to the original total amount due in accordance with Attachment A (as amended, if applicable) is equal to the ratio of the Units actually generated to the total Units identified in Attachment A. d) In the event of default by the Vendor, the State may procure the goods and services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Vendor under The Contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate The Contract for cause, and may take action to debar the Vendor from doing future business with the State. 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the goods, material, quality, workmanship or performance of the Services offered prior to acceptance, it shall be the responsibility of the Vendor to notify the Contract Lead at once, in writing, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in The Contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a) G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Ver:4/22/19 Page 31 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media- assisted, media-facilitated, or media-solicited means. By execution of the proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s)the appropriate taxes. b) The agency(ies) participating in The Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c) Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. 5. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined. 6. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of a correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.)from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. 7. NON-DISCRIMINATION: a. The Vendor will take necessary action to comply with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State law. b. The vendor will take necessary action to ensure its internal employee policies and procedures are consistent with Executive Order #82 (Roy Cooper, December 6, 2018), which extends workplace protections and accommodations to pregnant employees. 8. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment. 9. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or patent-pending invention, article, device or appliance delivered in connection with The Contract. a. Vendor warrants to the best of its knowledge that: i. Performance under The Contract does not infringe upon any intellectual property rights of any third party; and ii. There are no actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party; b. Should any deliverables supplied by Vendor become the subject of a claim of infringement of a patent, copyright, trademark or a trade secret in the United States, the Vendor, shall at its option and expense, either procure for the State the right to continue using the deliverables, or replace or modify the same to become non-infringing. If neither of these options can reasonably be taken in Vendor's judgment, or if further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected deliverables and refund any sums the State has paid Vendor and make every reasonable effort to assist the State in procuring substitute deliverables. If, in the sole opinion of the State, the cessation of use by the State of any such deliverables due to infringement issues makes the retention of other items acquired from the Vendor under this Agreement impractical, the State shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge; and Vendor agrees to refund any sums the State paid for unused Services or Deliverables. c. The Vendor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the deliverables supplied by the Vendor, their use or operation, infringes Ver:4/22/19 Page 32 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC on a patent, copyright, trademark or violates a trade secret in the United States. The Vendor shall pay those costs and damages finally awarded or agreed in a settlement against the State in any such action. Such defense and payment shall be conditioned on the following: i. That the Vendor shall be notified within a reasonable time in writing by the State of any such claim; and ii. That the Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise provided, however, that the State shall have the option to participate in such action at its own expense. d. Vendor will not be required to defend or indemnify the State if any claim by a third party against the State for infringement or misappropriation results from the State's material alteration of any Vendor-branded deliverables or services, or from the continued use of the deliverable(s) or Services after receiving notice of infringement on a trade secret of a third party. 10. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time, the State may terminate this contract at any time by providing 60 days' notice in writing from the State to the Vendor. In that event, any or all finished or unfinished deliverables prepared by the Vendor under this contract shall, at the option of the State, become its property. If the contract is terminated by the State as provided in this section, the State shall pay for those items for which such option is exercised, less any payment or compensation previously made. 11. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the State of North Carolina as part of any commercial advertising or marketing of products or Services. A Vendor may inquire whether the State is willing to act as a reference by providing factual information directly to other prospective customers. 12. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency's internal auditors shall have access to persons and records related to The Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 13. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the State may: a) Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and b) Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check. In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported assignment made in violation of this provision shall be void and a material breach of The Contract. 14. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a) Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of$500,000.00, covering all of Vendor's employees who are engaged in any work under the Contract in North Carolina. If any work is sub-contracted,the Vendor shall require the sub-Contractor to provide the same coverage for any of his employees engaged in any work under the Contract within the State. b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of$1,000,000.00 Combined Single Limit. Defense cost shall be in excess of the limit of liability. c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non- owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit Ver:4/22/19 Page 33 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of The Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor's liability and obligations under the Contract. 15. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person,firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of The Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of The Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days from the date that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of Vendor deliverables or Services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of The Contract. 16. ELECTRONIC PROCUREMENT: a) Purchasing shall be conducted through the Statewide E-Procurement Service. The State's third-party agent shall serve as the Supplier Manager for this E-Procurement Service. The Vendor shall register for the Statewide E- Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract. b) THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF ALL GOODS INCLUDED ON EACH PURCHASE ORDER ISSUED THROUGH THE STATEWIDE E-PROCUREMENT SERVICE. This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. The transaction fee shall not be stated or included as a separate item on the invoice. There are no additional fees or charges to the Vendor for the services rendered by the Supplier Manager under this contract. Vendor will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the Vendor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the contract. c)Vendor or its Authorized Reseller, as applicable,will be invoiced monthly for the State's transaction fee by the Supplier Manager. The transaction fee shall be based on a) purchase activity for the prior month, or b) purchases for which the supplier invoice has been paid. Unless Supplier Manager receives written notice from the Vendor identifying with specificity any errors in an invoice for the transaction fee within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Vendor shall have waived its right to later dispute the accuracy and completeness of the invoice. Payment of the transaction fee by the Vendor is due to the account designated by the State within thirty (30)days after receipt of the invoice for the transaction fee. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. Pursuant to G.S. 147-86.23, the Service will charge interest and late payment penalties on past due balances. Interest shall be charged at the rate set by the Secretary of Revenue pursuant to G.S. 105-241.21 as of the date the balances are past due. The late-payment penalty will be ten percent(10%)of the account receivable. Within thirty(30)days of the receipt of invoice, Vendor may dispute in writing the accuracy of an invoice. No interest shall be charged on disputed and overdue amounts to the extent the State agrees to reduce or adjust the amount in dispute. The Supplier Manager shall provide, whenever reasonably requested by the Vendor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice. d) The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager Ver:4/22/19 Page 34 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC will send those orders to the appropriate Vendor on State Contract. The State or State-approved user, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered. e)Vendor shall at all times maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If Vendor is a corporation, partnership or other legal entity, then the Vendor may authorize its employees to use its password. Vendor shall be responsible for all activity and all charges by such employees. Vendor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the Vendor's account, Vendor shall immediately change its password and notify the Supplier Manager of the security breach by email. Vendor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach. 17. SUBCONTRACTING: Performance under The Contract by the Vendor shall not be subcontracted without prior written approval of the State's assigned Contract Lead. Unless otherwise agreed in writing,acceptance of a Vendor's proposal shall include approval to use the subcontractor(s)that have been specified therein. 18. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only for the purpose(s) required to perform The Contract and not divulged or made available to any individual or organization without the prior written approval of the State. 19. CARE OF STATE DATA AND PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any data owned and furnished to the Vendor by the State (State Data), or other State property in the hands of the Vendor, for use in connection with the performance of The Contract or purchased by or for the State for The Contract. Vendor will reimburse the State for loss or damage of such property while in Vendor's custody. The State's Data in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage, destruction by a natural event or other eventuality.Such State Data shall be returned to the State in a form acceptable to the State upon the termination or expiration of this Agreement. The Vendor shall notify the State of any security breaches within 24 hours as required by G.S. 143B-1379. See G.S. 75-60 et seq. 20. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina or any of its agencies shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to relocate or outsource any portion of performance to a location outside the United States, or to contract with a subcontractor for any such performance, which subcontractor and nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained from the State agency responsible for the contract. Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons providing performance under a State contract to a location outside of the United States. 21. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with The Contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 22. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any addenda hereto, and the Vendor's proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 23. ELECTRONIC RECORDS: The State will digitize all Vendor responses to this solicitation, if not received electronically, as well as any awarded contract together with associated procurement-related documents. These electronic copies shall constitute a preservation record and shall serve as the official record of this procurement Ver:4/22/19 Page 35 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC with the same force and effect as the original written documents comprising such record. Any electronic copy, printout or other output readable by sight shown to reflect such record accurately shall constitute an "original." 24. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the State and the Vendor. 25. NO WAIVER: Notwithstanding any other language or provision in The Contract, nothing herein is intended nor shall be interpreted as a waiver of any right or remedy otherwise available to the State under applicable law. The waiver by the State of any right or remedy on any one occasion or instance shall not constitute or be interpreted as a waiver of that or any other right or remedy on any other occasion or instance. 26. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 27. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity or other State or federal constitutional provision or principle that otherwise would be available to the State under applicable law. Ver:4/22/19 Page 36 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc& Exchange, LLC ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s)at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? ❑ YES ® 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: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub-Contractors that will perform work outside the U.S.: b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub-Contractors of the Vendor, or other persons ® YES ❑ NO performing services under the Contract outside of the United States NOTE:All Vendor or sub-Contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. c) Identify all U.S. locations at which performance will occur: North Carolina, Texas, Virginia Ver:4/22/19 Page 37 of 41 Proposal Number: 16-20190303 Vendor: Environmental Banc&Exchange, LLC ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: Environmental Banc&Exchange, LLC 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: 12/31/2018 ® 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: The Aycoth Family Trust, by Samuel H.Aycoth,Trustee, Plaintiff,vs. State of North Carolina, Resource Environmental Solutions, LLC, Defendants.General Court of Justice, Superior Court Division, Union County, NC, 18-CVS-01256. Contract action concerning a conservation easement.As the State of North Carolina is a co-defendant in the action,we trust that DMS is familiar with the details. OAFlej 3 Signature ate Daniel Ramsay General Manager Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver:4/22/19 Page 38 of 41 fires Appendices / ',..:\ EMI �..-. • 117251 117421 40 = aEnviva Pellets Sarn: on 9 1 ] ° 403 k a i® MEIS I1ZB McCullen lEcna 1 EMI WEI , ,., I r-1 I _;---; t. hoot l R [17421 ti a 3 4 Peacocks 11744 Crossroads QBrogden \\ \l wton Grove Grantham Legend Spiveys 0uttontown Six Runs Corner CO Project Hobbto, Proposed Easement CalCalypso �3 g CCDFaison 14-Digit HUC-03030006110010 K� 8-Digit HUC-03030006 Bowdens C 5 Mile Aviation Zone f.'s.* fm lemburg Wars "` NC NHP Element Occurrence (NC NHP July 2018) Clinton0Turkey 5 �• Ker Kg Other Managed Area (NC NHP July 2019) seboro 35.0941,-78.2373 N Figure 1 -Project Vicinity Date: 3/24/2020 res y��4�-��^��/�. W4--r Drawn by: GDS ,0,or,,.�.airvikk;;� �p Six Runs i����1klik,—� o o s Mitigation Project Checked by: MDE Mile Sampson County, North Carolina inch=1 mile '"',.'trSc 'x 'mt;r m. ' f" �,t^ai tip DaF- .. { r r a* �a,�f f fir ^.� �r 3�: �4 a t #. �x cL o- '� du 'S .''' 1 ; t Awe '� s"", t �� , r.4*I. !{,,. ra t 4. 4' t ie S'8 .'� k .'fir''& �4Nt'4414 e4 - ' " sx, YM,}�+"�kill?, x ,' » # f .e �` j :' �� �» n^ ,, t r si • 45 , x� r rh 4-4e4,4s?‘--.,4', t ''''ilito 41' '' -: 77'4'i .;N,-.. „ , 0 400140.1H--\,,c n 4 - r her*''f'h1 aw'f,,/ ` •. 4: v Pe H' �4 t, D., .tfr. 9�° t 1f Td;.: s »s rw 5 ..,`r; ram: .4. s �` .. 45 "'*-, . S r F � fit. s �►` sr 1 ''t IA,''' 4.41.1. )A,4 1;4 t° .... 4, , ,,,.•\4 �1 rN- ` ¢ 1 a TROUBLEFIELD, j �� ;� w h? MARSHALLTH .3is * ;+ �� ♦ 2439005966 � x41%P �'' + ♦ ," r'N,.,-,;, r..;s+24i t '. 't s . , , M - �... : »� ' ' EVANS,DANIEL EVANS, !� • $ ' CHAD DANIEL?C. • '. licilo' 2429902824 242990455541* 1.,, ,o � � .. t Vol 11 1. .e 1 p r .,,,,i,,-,,_F,.=..:';..k 1s•..'w1fr-„4'674,.00vr4'1i7W,rl,,,-,1,,tw0.4,.t,d'e.4 i.s;4ttz%".74.o 4..4*,;'#1'4,i,„,,.,f.,(,i- P """s ss c tt. -- .i0 \ 1 \ r*R _ - + r ::#4,-, '.44„, -,4,4-.....1,T *1-,-.L V, --, ,Y it A , , 41- Legend , G 5_ m �s,A.� k 3 x *A-rrty*.4 r Proposed Easement r 's " t� Project Parcel Parcel OParcel Access iii. Parking Spot N Figure 2 - Parcel Access Date: 3/24/2020 . 0 res �t,�`�'1r�-�■^,�-'# w e Six Runs Drawn by: GDS ..�trY�►=�ibily,&.•�� S Checked by:MDE ��,• 0 400 a001 Mitigation Project Feet Sampson County, North Carolina inch=800feet '' i ' r�r - ( r-: 1 !lam/ r `\I \ .")" I \'�-� � r L ' r ter, • \ ,I C ',1735) o �O rI 0 ..16t 1.5'''. " O r `� \. _ - I „ l/T15 /i �- Poplar e• �� • Grove +sue ( i r _ 1901v. • \��--- !_...�..` �, _ vl \ • j.: • w \-•,) - \\- —- - \,: .. .._ . \c . f -- Y:---- - - • ----;0••'f#11 : Hargroe • - ---="gb' fian /1.nc---4:.\''''..-1---''''.;"-6°--\.7,...) :i./),...-' lit."Th,,,t, ,...... _,.... -. . - , ). \._,,,,I . / ,, i 11 . r (- , -. _ .,_—_ -_ / __., • ,. ___ .___\., r__,—,. ..,.) _ .• 1 e......7,... . ,...: , 167\ ...1 ' ' ''. '----s.--1.'4'./-:'- . . ' ) .,'-......,.." 7-‹*-N- -- -___ _ Legend _` .I! v • .� / y Proposed Easement -•.• _ 7/ ,� ', ,� s \• Drainage Area _-/ t' ii,} �_ Brad's Branch (544 ac) / .}I `� -- DE4(294 ac) // j .,V /.• �`. ■ DE3(29 ac) - = / fi)-, f 1/_ • i _ DE2 (14 ac) y k •i �r ; < N ! Figure 3-USGS Faison Quadrangle Date: 3/23/2020 �4AC ■ ■■ . (1977) Pres ,-�.^#�41 0 w E Drawn by: GDS ..�trY-r►=4i���4.;#`1�i11 S Six Runs Mitigation Project Checked by: MDE mar 0 1,000 2,000 11 Feet Sampson County, North Carolina 1 inch=2,000feet h 4 +� a" G , A. Ai c fi .-i..r77r",;'3''.P' 1-6N acF =na+# }... _X-o. w s,,trti4,:i,,1f-:,„,1"y,,"-t4f„4;vt,i,,:,,,r,.I:1at, vi:A� 91y '�``xal, . 1fa4 k 4 ", yCR "''V'.;-1'1 &>tt' 4h'M ,' 04'yY4 5 Y ' ` 'r ,fit.. • «�a 1 ® d 1 %�4 ,�" . 2,} ' 4,,,ynw a < Bra d tott --',.':',1-,.` M 14 Moir° '` • syl,,,�p, grant . s / ,7�'� Cai d gh o \c'''; ., ';:Yrera: .;,Ir'''''rt''''' '-11 !,/i4. 4 ., 6 Pond A ® I` .......„. . . �% Historic Position of �:� v ' \ . Relocated Brads Branch, now filled in with i` --�'C � ' ♦ r q. aggraded sediment Q�oP Gi > ' Pond C Pond B G y gCa dsgfanco`'!! • • " f '''''- ---- '7-l'illii Roh �' °� l s Cr V \r^"'�,.^ • 1 e. •� -,,e 1.. z 4,"'.."..4, 0, '410iii \ •\ '. ' .. ---. - 4 . ,,, ,, , ,,„,...„...,:,,,,..,,. + ° Brads Branch drains into - �. fi' Six Runs Creek by• s� ♦ ". Sheet Flow ,# "t 11X y q a_ `' Y Legend A � 4 figk. s." �i ' Proposed Easement k S , Project Parcel a, a ' 4 t ,, '4, i 'ta Project Stream ` [� �$° " - 1 ' l y Perennial r, � g --- Intermittent g 4 ' --- Ephemeral U U Utility Line ^ = i Six Runs Creek o 5 .'i0,0.1.M • Stream Origin °'..: N Figure 4-Existing Conditions Date: 3/25/2020 j Q - res ��41i'=�����/�� " e Drawn by: GDS 7,,zoklI.a*:t'r;i'+1 Six Runs 'ar,`�►-� 0 400 800 Mitigation Project Checked by: MDE 1-2 ITI r Feet SampsonCounty, North Carolina 1 inch=800feet g pson 1974 - . 1983 16 ,:' ., ; xs'• i q I1,,, 0 #11111111"111 pe- • Source:USGS EarthExplorer Source:USGS EarthExplorer 1993 '.. 010 yPr 0- - 14 lar �_` > i�b " f ••• \ - ,a1 Z , er--- k , -ill a 'f.. d . rl n < • ill 1 Legend • `° ' `a ,-6, -' Proposed Easement Source:USGS EarthExplorer i Source:USGS EarthExplorer J N Figure 5-Historical Aerials Date: 3/24/2020 res.. 41.grFt# " E ::et):byc: Mitigaon Project fat 0 500 1,000 Feet Sampson County, North Carolina finch=l,000feet .;,....4:4-7,:proly:".,firillifZ'7 7 ,-_•'21' ;VS.07 lit Or ia, 794# '''''' ...Z'' ;. -' , 'f.e..k44t.'. ' '•-','4';'- .'''''N/4 •'. ''4/ 1 I 1 .-• • . 1 i .:..4.•n•';',:: -- - '—' - • h.f 41,411: .!,.,‘ a 'I .11.4111' 4. -.P :• '% ..-p:- -•'s't ._,_ : 4 r,,,,Ls/ •- :77::.•:,-. .i.".,„„'. • _, , ...• I ' iffettl-qr--Nr'' z•• 'girt, ,.` • ', •:. . it ‘1r; *..- .„„ • ' .4.." --; * PF04A- .• tr• 't-- ' .10?Cot : ''. . 3, .,x •: .•,,,-4- ,.f,,:.lip; •Ir ...*,:•I'lir ' ' '...4-. : 4 • .. . 1. 104t J.-7 ,,en, .,14.• ; ••••••i4.• •-• '04 1. . • -...,* ' - -1, \ 'of, ' . ..,• . ""• 70 , . . /A .4,14,.-41..'-''''' • .-) • , dt,i0 40000000 jel ii , 1 ,_.. ,..- -5.€.1•-' 4..• - 'e +.-.. 1 •..,.. P' % . . tf:t4"- • •A , - . ... ...., 43/4,/ '• . , , ' Utility Crossing ••• 7'.,-.1, ,K . '• •.,4 ---; -_ - ir• - - —.Art" P F 01C •- .: 1PM'; ..,?.1...... .!,‘''' o 'Ok• :. - .* . , , , O , ,y, , -1. • d ri•• -- ., .. . ,,. . g i • -., .c 44- .., V4. . . Proposed Agricultural Road&Utility, •• z... Crossings Crossing , - . . GEM 2 , , .. ., i 4 6 . •,.':iis0 ' :) :'•.. . AREA OF VIn'AIML IFLLr:C)ID HAZA'-'D ., , i I . • A a_ ,_, , , . - .' .. '- $ PUBHh PUB1-111--"k, .........------...ja • , f . , 41( • , -4. •1,ts PI i. A. . - . / • '• .1 cf----- IZIM3 „•••• .f...:. 2/,.//'',/, fr*";,,,, ''..* - -1 ••.,,• --. " -,41 ' • • _ .. ,.. :. , /./ /' .,/ , OM .. • IPUBI-ii ' ',..- er'n N i ItIr•/.411w- 19 • _ , i _, , 1...\:‘ . . , 't• \ \ \It, ---- ,---- _ \ Pltre . . , , •., n \• .. N . PUBH11,------ _ - ' '"-;-:•-i : -• ..'-' '.4. ';f' - i • , triceitcv ..:. / PUBHh *'7" --- • . '" --"- „ , < .• ,.v4 •: . ...5r,''::.:...;41..v:.... ),A in PF01A• • • !I - 13 I c), • • Legend / N, . _ . .. 7/, i // /// Proposed Easement 0 / 1 r / NWI Wetlands(USFWS 10/19/2019) / / . , ' . 4,, ,..:.. , 1 ,.. . FEMA Zone AE // b A,i4A.,•• • U / PF01C .--;• 111!' ,- - - ii 0!" -. U Utility Line 1°- , g . . 4 N Figure 6-Project Constraints Date: 3/25/2020 5 I Pres I ...1 Atizolegia al WA kiiipl 1"41, Six Runs Drawn by:GDS Mitigation Project Checked by: MDE t *her VI' 0 400 800 1-2 i lil 1 inch 800 feet g Feet Sampson County, North Carolina WaB lo= NoB CD OD eta MS 1213 / el 05) MD m , WaB f � Fa BD 1213 122. Iii , (___ -t--_,-- /,/ W Wa6 W r _Jm ap NoB -:_/ 'ter Ra MS ,,, NoB .,,, WaB lb OM 122. c ., ctip 122 WM MaC iviv Legend gin , r-- Proposed Easement an Map Unit Map Unit Name Hydric (100%) Bibb and Johnston soils, Predominantly Hydric(66-99%) BH frequently flooded es BoB i j Jo Johns fine sandy loam Partially Hydric (33-65%) E Marvyn loamy sand, 6 to 12 Predominantly Nonhydric (1-32%) ' MaC percent slopes o ti: Norfolk loamy sand, 2 to 6 Nonhydric(0%) \ wa6' NoB percent slopes N Figure 7 -Mapped Soils Date: 3/20/2020 �� + Drawn b GDS 0 res e +y104114 jair1#i w E y: ���� *�+ ��;��t�,+1 Six Runs i . Ina" � 0 400 Boo Mitigation Project Checked by: MDE s Feet Sampson Count , North Carolina 1 inch=800feet Proposed \ >' A e"" n �,, Agricultural BMP / s�.g ' ' s. ,,- : , , s\.--:.f.' .‘.1.-1' . ) ' ' .y.... 4,. .._, ,, ... . ..,_.„. .. . ,ort c...-J \ 0. ..- (.,..,, ' . \ C .\\ \_: /j)..........: 'c., o -- a, ,...,.) -'-: , „d.s '''\1 �'� i ,r r Existing Utility CI:\J , - ' _ ;Vt. . L { `��,, \••T i Crossing i, '� ' Proposed Pond t ,, _� \` Siphon System \ 4 I pond . Si r, / . ; stir Road a , 44,.r .,� S ,lll\ EUtilit ssingd .07 - _ Proposed Agricultural i Ili �"�--' � / ,�,� t - - Crossing --:7,2(, / `` —"sraa sra '.� ' �• ` +� ` . IBB ...A:: o� ` / Relocate corral to \ 1 Upland Pasture KK / C Proposed Agricultural s ....___„_: ... Crossing / ,7 , lk /,,, ( �„) tirt • _ � E a cP Rom= a 10 T ,. Icr, :::,) V _ • r7 Taa41.L y�� ;q • 1 >>\" \\4 !' 0 { . A.--1 t ` ` �i0 '0.2...-44 .rt• 1 \ • \ . , _cr ----- _ Stream Mitigation \ 5Brad's® Approach ®® SMU 128.400 Brad'sBranch-B M=EIMMEMOIMIE 470.667 Legend Brad'sBranch-C Restoration 4,486 0 4,486.000 122.400 W -• . . . 0 153.000 Proposed Easement(29.75 ac) Restoration Restoration !1220 294.000 DE4-A 57.800 0 X -X Proposed Fence DE4-B Restoration 890 890.000 Enhancement I MM7112 S 0.000 il0 0.000 Mitigation Approach Enhancement II ® MIE ® 36.800 0:211MEIEE=— 6,639.067 Re-establishment Enhancement II (5:1) Wetland Mitigation Approach WMU g Rehabilitation — — — No-Credit E0 4.520 0.84 ® 0.560 Enhancement(2:1) 3i1B= M26iMI 3.085 1 © 0.100 . ' �— 6.265 Enhancement(5:1) Option A proposes to provide 6,500 SMUs and 4.0 WMUs.Option B proposes to provide maximum % produced by this concept 6639.067 SMU and 8.265 WMU `n l igure 8a-Concept Plan(Option A and B Date: 3/25/2020 Q ",44:411 nr•�j`441 w E Pres r�1i�-1i .11.liI,4P..��� Drawn by:MDE ..,.,+;���� s Six Runs Mitigation Project Checked by: KAW • I, 0 400 800 Sampson County, North Carolina 1 inch=800 feet g Feet { __.(..y// . ..r. . ., „,/, \ -• .'' 'C'). AI O 0 �� • C 0..> .r ,_/. ,,.)---.., i ^� O 1 /" , _,) �� "Brad (� F r"----•:___..til , ,. 'r • •,,1 Existing Utility ' Proposed ; ,.m I ,` Crossing Agricultural BMP A Proposed Pond 44 1/iii.,,.,..\ hon System `� ' (_,.7- -41 4' � ,,� "�_ / _ 1 � ��� Existing Road& � `� #t,'- . 0• .S ' "- • Proposed Agricultural. ' (! ' �t•� Utility Crossing• a1Crossin _ ^�— �, f i '`t♦ g ` et Y AIM —(,.assa��n:c a_ ..,• A / •(' Relocate corral to and C • Bi Upland Pasture ►. , k r Ys. ro Proposed Agricultural "' ! . ,.... , , Crossing ,,.._...I Icr, ::::) ate`v / l �l � W s le ea marI. C: b ; '' .\. :'"7' )>N % . , N -e- . -4 a -...---; 5 . t,,,A,`• • ; , , „,, t. . • _ Stream Mitigation MZEMIEM Approach M=EIMMZEEM SMU Brad's Branch-A ME=11=11ME 128.400 Legend LE1=1M=EIMIIMIII=Ii1E1M 470.667 Restoration 4,486 0 4,486.000 Brad's Branch-D=23=3EM®.r 0 580.000 i Proposed Easement(29.75 ac) Restoration �® 122.400 ®0 153.000 X A Proposed Fence Restoration (VL) DE3 Restoration 4E 294.000 DE4-A =.23;=1© 57.800 Restoration 890 0 890.000 S Mitigation Approach Enhancement I iii=.0 0.000 3 0 0.000 V Re-establishment Enhancement II ® 36.800 • MECIIM— 7,219.567 g Rehabilitation Enhancement II (5:1) Wetland Mitigation I Approach WMU = Enhancement(2:1) _ — — No-Credit E� 4.520 0.84 ® 0.560 ' Enhancement(5:1) Enhancement1 =1111(5:1) �© 0.100 2.005 a n 11.67 8.085 N Figure 8b-Concept Plan(Option C) Date: 3/25/2020 IQ +p alvala nr•�j`41 w E Pres r�1i�-1ij�wi��I��Jrt����� Drawn by:MDE ..,.,+;���� s Six Runs Mitigation Project Checked by: KAW •Jr 0 400 800 Sampson County, North Carolina 1 inch=800 feet g Feet Z 1 )) ‘ 14 `K° I ,,J��Nr i' •• Legend • 00 ,`������� • Proposed Easement t• Incision i <50% f, 50-70% •## mmi >70% I• Erosion -<20% -20-50% ->50% Figure 9-Channel Conditions Date: 3/23/2020 •.,......z �..„... �;�:4� Six Runs0 res Drawn by:GDS 4010 0 250 500 Mitigation Project Checked by: MDE Feet Sampson County, North Carolina 1 inch=500feet ...„ . - let „\_...___ • 4 .. ..,_ . .. .... - . . . .. iglit„ .4t, ti ' Iiiiber it. - „ Ike ' % oil .. _ i illopm_lor Ara, iiis 0 V- ______, i - . . '. ._ _...., ,. .. __... .. ., • • Legend Proposed Easement g NI High : 174 feet i Low : 105 feet r N Figure 10 - LiDAR Date: 3/20/2020 It a �� Drawn b GDS res 1 :,A' *�+ ��;��t�'ti Six Runs I.ter 0 400 800 Mitigation Project Checked by: MDE s Feet Sampson County, North Carolina 1 inch=800feet NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream Determination (circle one) Other Stream is at least intermittent Ephemeral Intermittent Perennial e.g. Quad Name: if>_ 19 or perennial if>_30* A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1 a.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, 0 1 2 3 ripple-pool sequence 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 1.5 11. Second or greater order channel No=0 Yes=3 a 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 1.5 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? No=0 Yes=3 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 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24.Amphibians 0 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=0 *perennial streams may also be identified using other methods.See p.35 of manual. Notes: Sketch: NC DWQ Stream Identification Form Summary REACH Brad's Branch Brad's Branch DE2 DE3 DE4 DE5 DE6 MT2 A/B C/D A.Geomorphology(Subtotal=) 10 21.5 5.5 8 23.5 4.5 4.5 7 1°Continuity of channel bed and bank 2 3 1 1 3 1 1 1 2.Sinuosity of channel along thalweg 1 3 1 1 3 1 1 1 3.In-channel structure:ex.riffle-pool,step-pool, 1 2 1 1 2 0 0 0 rioole-pool seauence 4.Particle size of stream substrate 1 2 1 1 2 1 1 1 5.Active/relict floodplain 1 2 0 0 3 0 0 1 6.Depositional bars or benches 1 3 0 1 3 0 0 1 7.Recent alluvial deposits 2 2 0 1 3 0 0 1 8.Headcuts 0 0 1 1 0 1 1 0 9.Grade control 0 0 0 0 0 0 0 0 10.Natural valley 1 1.5 0.5 1 1.5 0.5 0.5 1 11.Second or greater order channel 0 3 0 0 3 0 0 0 B.Hydrology(Subtotal=) 9.5 11 9 9.5 11.5 5 5 9 12.Presence of Baseflow 2 3 2 2 3 1 1 2 13.Iron oxidizing bacteria 1 1 3 3 1 1 1 3 14.Leaf litter 1.5 1.5 0.5 1 1.5 0 0 0.5 15.Sediment on plants or debris 1 1 0 0 1.5 0 0 0 16.Organic debris lines or piles 1 1.5 0.5 0.5 1.5 0 0 0.5 17.Soil-based evidence of high water table? 3 3 3 3 3 3 3 3 C.Biology(Subtotal=) 6 7 6 6 7 4 4 4 18.Fibrous roots in streambed 3 3 3 3 3 2 2 2 19.Rooted upland plants in streambed 3 3 3 3 3 2 2 2 20.Macrobenthos(note diversity and 0 0 0 0 1 0 0 0 abundance) 21.Aquatic Mollusks 0 0 0 0 0 0 0 0 22.Fish 0 1 0 0 0 0 0 0 23.Crayfish 0 0 0 0 0 0 0 0 24.Amphibians 0 0 0 0 0 0 0 0 25.Algae 0 0 0 0 0 0 0 0 26.Wetland plants in streambed 0 0 0 0 0 0 0 0 1 Total Points(Subtotal=)I 25.5 I 39.5 I 20.5 I 23.5 I 42 I 13.5 I 13.5 I 20 Stream DeterminationlIntermittenti Perennial I Intermittent I Intermittent I Perennial I Ephemeral I Ephemeral I Intermittent GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation Provide for: Ms. Katie Webber Resource Environmental Solutions,LLC 3600 Glenwood Avenue, Suite 100 Raleigh,NC 27612 Re: Preliminary Hydric Soil Evaluation Six Runs Mitigation Site Sampson County NC A preliminary hydric soil evaluation was completed on March 2,2020 for the Six Runs Mitigation site, located approximately 8 miles northeast of Clinton NC. It is north of Highway 403 and west of East Darden Road in Sampson County. This area evaluated consists of approximately 30 acres on the floodplain of an unnamed tributary to Six Runs Creek. This report presents an evaluation of the subject property based upon a limited field evaluation for the purpose of confirming the presence and approximate extent of hydric soil. The evaluation included a general assessment of the sites suitability for wetland mitigation that may consist of wetland reestablishment,rehabilitation, or enhancement of hydric soil across the site. This evaluation is preliminary and is not a soil delineation. All boundaries shown are approximately estimated. The observations and opinions stated in this report reflect conditions apparent on the subject property at the time of the site evaluation. My findings, opinions, conclusions, and recommendations are based on the locations and boundaries of the property as evident in the field. PROJECT INFORMATION AND BACKGROUND The purpose of the project was to verify the presence and determine approximate extent of hydric soils suitable for wetlands reestablishment or rehabilitation by utilizing existing sources of hydrology and implementing practical drainage modifications typical of mitigation projects. The soil evaluation focused upon floodplains and adjacent toe of slopes having higher potential for containing hydric soil. This project site is within the Rolling Coastal Plain ecoregion of the Middle Atlantic Coastal Plain physiographic region. This ecoregion has moderate relief with rolling,well drained upland landscapes and the streams are relatively low-gradient and sandy-bottomed. Geology of the project and surrounding area is part of the Black Creek Formation. Parent material of this geologic formation consists of marine deposits of gray to black, lignitic clays containing thin beds and laminae of fine-grained micaceous sand and thick lenses of cross-bedded sand. This formation also contains one of North Carolina's principle aquifer systems. The project area drains south to Six Runs Creek and has a primary classification of C waters,the minimal acceptable classification for secondary uses. It also has a supplemental classification of Sw, intended to recognize waters having low velocities different from adjacent streams. Current land use consists of agricultural land use for livestock grazing, limited row crops, and silvicultural land(Figure 2). This site is along the floodplain of a tributary referred to colloquially as Brad's Branch and small,unnamed tributaries gently sloping toward the larger floodplain of Six Runs Creek. Land clearing and livestock use have removed much of the typical shallow depressions and low hummocks found in adjacent natural areas. The adjacent toe slopes often have seepage points where discharge is likely along restrictive Page 1 of 7 March, 2020 GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation bedding planes characteristic of the geology. Along the lower reach of the project,past dredging has moved the stream to the left side of the floodplain where spoil restricts overbank flooding,but allows brief ponding within the pasture. NRCS SOIL MAPPING The NRCS soil survey shows a single map unit on the floodplains within the project area and better- drained upland soils on the adjacent slopes (Table 1). Table 1. NRCS Hydric Soil Map Units at the Six Runs Site. Series Taxonomic Drainage Hydric Landscape setting(down Class Class (Hydric Rating) across) Bibb and Johnston soils,frequently flooded(BH) (Undifferentiated group) Not prime farmland—(flood plains/toeslope) Parent material-sandy and loamy alluvium Depth to water table- 0 to 12 inches Flooding—frequent Ponding-frequent Bibb Typic poorly Yes concave-linear (80/o) Fluvaquents (A/D) Johnston Cumulic Yes (10%) Humaquepts very poorly (A/D) concave-linear Johns fine sandy loam(Jo) (Consociation) Prime farmland if drained—(found on stream terraces) Parent material-loamy alluvium over sandy alluvium Depth to water table- 18 to 36 inches Flooding—rare Ponding-none Johns(85%) Aquic moderately No convex- convex Hapludults well (C) Lumbee(5%) Typic poorly Yes concave-linear Endoaquults (B/D) Wagram loamy sand,0 to 6 percent slopes (WaB) (Consociation) Farmland of statewide importance—(found on marine terraces, ridges/shoulder, ridges/Summits) Parent material-loamy marine deposits Depth to water table- 60 to 80 inches Arenic Wagram(90%) Kandiudults well A) convex- convex Bibb Typic poorly Yes concave-linear (3/o) Fluvaquents (A/D) Johnston Cumulic Yes (2%) Humaquepts very poorly (A/D) concave-linear Marvyn loamy sand,6 to 12 percent slopes(MaC) (Consociation) Farmland of statewide importance—(ridges on marine terraces) Parent material-loamy and clayey marine deposits Depth to water table—more than 80 inches Typic Marvyn(80%) Kanhapludults well No convex- convex Source-NRCS Web Soil Survey(2020 03 03) Page 2 of 7 March, 2020 GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation These floodplain soils formed in sandy and loamy alluvium, generally having loamy surfaces underlain by either a loamy or sandy subsoil(NRCS Web Soil Survey 2020). The poorly drained floodplains within the project area are mapped as Bibb and Johnston soils(BH). The better drained slopes surrounding the floodplains are mapped as Johns fine sandy loam, (Jo),Marvyn loamy sand(MaC), and Wagram loamy sandy(WaB). The Bibb and Johnston soils mapping unit is an undifferentiated group. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually,but are mapped as one unit because of similar use and management interpretations. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. The remaining map units are consociations that consists of one major soil plus any components of minor extent. The major component is identified in the map unit name. The Bibb and Johnston soils are frequently flooded with areas of frequent ponding. A Bibb soil typically has a thin dark grayish brown loamy surface layer underlain by a grayish brown loam subsoil. The Bibb soil is commonly located near stream channels. The Johnston soil has a black mucky loam surface underlain by a dark grayish brown loam. have a deep organic surface. The Johnston soil is more typically found in abandoned stream channels and the seep areas along the toe slopes at the edge of the floodplain. The remaining soil map units surround the project at higher elevations. The Johns is found on stream terraces above the floodplain and has better drainage. The Wagram and Marvyn occur higher in the watershed on side slopes. The Bibb and Johnston soils are classified as hydric by the NRCS. The other soils are not classified as hydric. The Johns and Wagram map units may contain hydric inclusions. NRCS mapping units are useful for planning and indicate the types and ranges of soils characteristics that may be found within a landscape. The map units often correlate closely with soils at a location,but have limitations because a sites soils represent the natural conditions and gradients influenced by geology, slope, and past land management practices. An actual site evaluation is necessary to determine soil characteristics specific to a site. Map units provide useful information for interpreting soil within a landscape and become a starting point for this soil evaluation. METHODOLOGY A series of 40 soil borings were performed across the project area to verify the presence and estimate the extent of hydric soil utilizing appropriate soil indicators (Figure 3). This preliminary evaluation describes some of the representative characteristics and specific conditions observed at this site that may affect wetland restoration. These boring observations provide visual and textural details,but do not contain adequate detail to classify these soils to a series level of taxonomy. Current site hydrology was evaluated based upon observations of a water table (or its absence),natural and constructed drainage features,and other visible indications as apparent at the time of the evaluation. Soil features and hydric soil indicators were evaluated and described using morphologic characteristics and criteria based on"Field Indicators of Hydric Soils in the United States" (USDA,NRCS, 2018, Version 8.2). The indicators used are valid for the Atlantic and Gulf Coastal Plain Region(V2.0),Land Resource Region(LLR)P, and Major Land Resource Region 133A(Southern Coastal) Soil boring locations were approximately located using the Terrain Navigator Pro smart phone application by Trimble. Soil boundaries shown on figures are approximated using boring and field point locations combined with aerial photography and professional experience. The classification of a feature as a stream Page 3 of 7 March, 2020 GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation or ditch was not officially determined for the discussion in this report and may actually differ from this discussion. Wetlands were not delineated or significantly evaluated for this report. RESULTS AND DISCUSSION Site Conditions The current use is livestock grazing activities and based on aerial photography the surrounding landscape is within agricultural or sylvicultural land use. The floodplain topography is divided into two landform configurations. The three tributaries and upper reaches of Brad's Branch have relatively narrow, confined floodplains with a slightly steeper gradient. The upper tributaries appear to be significantly incised enough to reduce hydrology of these narrow floodplains. Below the confluence with tributary DE4,the floodplain of Brad's Branch widens and become more gently sloping down to the nearly level floodplain of Six Runs Creek. The majority of the hydric soils identified occur within this wider floodplain of Brad's Branch and extends down to Six Runs Creek. Located within this wider floodplain,the few shallow depressions and linear features are likely relict of the past location of the stream channel. The current channel appears to have been relocated to the left side of the floodplain with the lower elevations more central to the floodplain. Dredge spoil is located along he this channel. The current conditions limit frequent overbank flooding and alter the natural hydrologic connection between the stream and its floodplain. Within the floodplain, some lower elevations areas and depressional features may be jurisdictional,but likely have a reduced hydroperiod due to this altered hydrology. Through its lower reach,Brad's Branch has been relocated to the left side of the floodplain. The streams and floodplains throughout this project are heavily impacted by livestock. Within these incised channels, observations of the soil indicate the presence of legacy sediment throughout the floodplains. Soil surfaces of the floodplain and adjacent slopes show significant surface churning from livestock with ongoing erosion. Free access of the livestock to the streams is also degrading and destabilizing the channel banks. Soils The soil evaluation confirmed the presence of hydric soil indicators within 12 inches. Soils were found to have a dark sandy loam surface underlain primarily by a very dark gray to gray sandy or loamy textured subsoil. A few limited areas were underlain by a slightly more restrictive sandy clay loam. The dark surfaces have a high organic content with indications that a mucky modifier was historically common prior to conversion. Also,near the toe slopes some surfaces horizons may have exhibited redoximorphic mottles. Redoximorphic mottles are present throughout the subsoil horizons. Soils appeared to be relatively uniform across the floodplain,with the observed range of characteristics corresponding to the NRCS mapping unit of Bibb and Johnston soils. Representative soil profiles are shown in Table 2 below. Hydric Soil Indicators The dark,highly organic soils indicate they formed under long-term saturated conditions.With a prominent dark surface,the most common indicators are All Depleted Below Dark Surface,Al2 Thick Dark Surface, S7-Dark Surface, and F6-Redox Dark Surface. Disturbance and surface churning have likely limited the F6 indicator in many areas. Soil having a dark surface underlain by depleted matrix meet the criteria for either the within the All- Depleted Below Dark Surface or Al2 Thick Dark Surface, depending upon the thickness of the dark surface. Sandy textured soil with a dark surface may also meet the S7-Dark Surface indicator. A few areas with a dark surface also have redox concentrations and meet an F6-Redox Dark Surface indicator. This indicator was likely more common prior to disturbances from clearing and smoothing of the surface for agriculture. The F6 indicator is common in depressional and concave surface features in the Page 4 of 7 March, 2020 GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation floodplains of this region. The interpretation of hydric indicators at this site point to a naturally saturated to ponded condition throughout the floodplain. Table 2. Representative Soil Profiles at the Six Runs Site Depth Color Mottle Percentage (inches) (Location*) Texture** Notes Matrix Mottle SB 04 Hydric Indicators WT not observed March 2,2020 Al2 Thick Dark Surface F6-Redox Dark Surface 0-5 10 YR 3/2 SL 5-12 10YR3/1 10YR3/4 12%(PL) SL 12-24 10 YR 3/1 10 YR 3/4 20%(PL) SCL _24-37 10 YR 4/1 10 YR 4/4 2% (PL) S SB 13 Hydric Indicators WT-28" (and rising) March 2,2020 All Depleted Below Dark Surface S7-Dark Surface 0-8 10 YR 2/1 10 YR 3/3 8% (PL) SL 8-27 10 YR 5/1 10 YR 5/8 25%(PL) S 27-33 10 YR 5/2 10 YR 5/6 2% (PL) S WT=observed apparent water table *PL=pore lining,M=matrix **Texture(follows USDA textural classification) S=sand,L=loam,Si=silt,C=clay f=fine,c=coarse(textural modifiers for sand) Current Hydrologic Alterations Where the floodplain of Brad's Branch enters the larger floodplain of Six Runs Creek,the landscape becomes very flat. Because of the absence of a uniform restrictive horizon and the sandy soils,the natural hydrology at this site appears the be from endosaturation where all layers are saturated and the water table extends from the surface to very deep. A high groundwater table is the natural condition for these soils. Within this landscape, soils indicate a naturally high-water table with Brad's Branch likely a gaining stream. Stream incision in these sandy soils allows significant lowering of the groundwater and limits the saturation near slope seepages. Although surface water was present in depressions, a water table was not observed within 18 inches of the surface except near seepage areas. The impacts of livestock likely have created a shallow restrictive layer near the surface that allows shallow,temporary ponding. This restrictive layer also may limit infiltration. Because of the relocated and incised stream,natural flooding will be limited and have a shorter duration. Also,the berm along the stream functionally limits overbank events. Currently, groundwater discharge appears to be present along the toe slope. Soil in these areas appear to have been contoured with a uniform slope to improve surface runoff. Within the center of the floodplain, a narrow swale is visible dominated by rushes (Juncus effuses). Small depressional areas also contain significant rushes. These areas appear to contain adequate hydrology to be considered jurisdictional despite the drainage modifications and grazing. Livestock access these wetlands and no woody vegetation was observed. Page 5 of 7 March, 2020 GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation Upstream,where floodplains are narrower and surrounded by steeper slopes, channels are more incised and generally,the floodplain lacks hydric indicators. A narrow floodplain with deep sandy soils allows rapid drainage and prevent a long-term high-water table. Formation of hydric indicators does not occur under these conditions. The larger of the tributaries,DE4, enters Brad's Branch upstream of the point where the floodplain widens. Here the stream appears to have become recently incised by livestock and head cutting. This incision is altering local hydrology and potentially removing jurisdictional hydrology from portions near the channel. The hydric soil extends up the toe slope along this floodplain. The lower slopes exhibited at least seasonal groundwater discharge along on both sides of this floodplain where hydric soil extended up the toe slope. These lower slopes were identified as potentially jurisdictional. No hydric soil was identified on DE2 and the potential along DE3 is constrained due to the pond. It appears that the groundwater elevation has been lowered throughout the floodplains of this site except on the floodplain of Six Runs Creek. The loss of surface roughness and lack of woody vegetation along with the incised and channelized streams have greatly reduced natural hydrology. Recommendations This site has high potential to restore more natural hydrology and provides opportunities for both Wetland Reestablishment and Wetland Rehabilitation. The impacted wetlands areas should provide Wetland Enhancement opportunities where Rehabilitation is not justified. Practical practices of hydrologic restoration and enhancement would include stream restoration to raise the stream bed and local ground water table. Additional modifications include removal of the spoil berm, establishment of a more natural, uneven surface with small storage depressions, and planting an appropriate vegetative community. Care should be taken to limit surface erosion of these sandy soils during construction and vegetative establishment.Also,there may be areas at the edge of the floodplain where sediment and colluvium have accumulated that need removal. Based on the site soils similarity to the NRCS mapped units, a success criterion of 12 to 16%may be expected. CONSLUSIONS Land use across the project is grazing of livestock. Drainage modifications consist of land clearing, surface smoothing to enhance runoff, and relocation of stream channels with ongoing incision. Hydric soils are found within the floodplain. These soils are dark to black loamy over dark gray to gray and meet several hydric indicators requiring a dark surface. Subsoils are loamy or sandy and redoximorphic features are common. The soils observed within the floodplain appear to closely match characteristics described for the local NRCS mapped soil which are classified as hydric. These observed soils indicate historic wetland hydrology. The natural hydrology appears to be groundwater discharge along much of the toe slope with a high groundwater table across the floodplain. Portions of the site appear to be drained while some areas contain wetland hydrology although altered with reduced hydroperiods. Overbank flooding has been limited by channel incision and appear to significantly alter groundwater elevation in these sandy soils. surface horizons are impacted by past clearing and current livestock. This project provides an opportunity to provide significant reestablishment of aquatic resources and improve functional metrics of the adjacent existing wetland areas. Potential functional benefits to reestablishing and rehabilitation of wetlands at this site include the physical attributes of flood storage and retention,reestablishment of appropriate community structure, and the establishment of potential high- quality habitat with connectivity to the large floodplain of Six Runs Creek. This project is expected to provide enhancement of hydro-geochemical process including potential pollutant sequestration with chemical degradation and transformations. There is potential for nutrient capture and sediment trapping presented by the adjacent land use. Due to the adjacent livestock operation,addressing the potential Page 6 of 7 March, 2020 GEORGE K LANKFORD, LLC Shady Grove Road Pittsboro, NC 27312 919-602-0127 gklankford91@gmail.com Six Runs Mitigation Site Preliminary Hydric Soil Evaluation nutrient and sediment issues would provide a high value for the downstream aquatic communities. The establishment of a suitable community structure will provide a wide range of habitat and micro habitats. In general,this appears to be a site with appropriate conditions and for Wetland Re-establishment, Wetland Rehabilitation, and Wetland Enhancement. The topographic setting, soils, and previous drainage modification are appropriate for a successful hydrologic restoration at the Six Runs site. Successful stream restoration along with practical modifications that include filling of ditches,removal of passive drainage features, enhancement of depressional features, and surface roughening will produce a diverse soil microhabitat of a functional wetland. The Re-establishment, Rehabilitation, and Enhancement of these wetlands will provide natural wetland functions to lost and degraded aquatic resources by providing a stable and unique wetland habitat. Additional detailed site information will be required to verify and delineate the full extent of suitable soils and describe existing conditions prior to restoration. Table 3. Summary of Site Characteristics Site characteristics present suitable for wetland restoration • Landscape is a suitable location on the floodplain of small tributaries. • Site hydrology is naturally high groundwater attributable to location within the landscape. • Areas has the potential for both Wetland Re-establishment and Wetland Rehabilitation. • Where rehabilitation is not suitable, Wetland Enhancement would be appropriate. • Site has features that can easily be targeted to restore natural hydrology. • Drainage modifications appear straightforward through raising of stream beds, elimination of passive drainage, and restoration of surface roughness. • Limited earthwork beyond stream restoration is needed to restore hydrology. • Hydric soils indicators observed show naturally long hydroperiods. Limitations at this site are mostly minor. • Full potential depends upon successful stream restoration. • All areas of hydric soil are subject to change upon full delineation. • Sandy soils will need special attention and planning. • Site evaluation was limited. This report describes the results of this soil evaluation.Any subsequent transfer of the report by the user shall be made by transferring the complete report, including figures,maps, appendices, all attachments and disclaimers. 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'4`,.Li _,,re,,.„.41 1- 1.-'.. i .0.1.614 % s ca' 4 4 .0 As `� ; n; }�sj ire�u,'�r " yx L. s I � • t.s �'�WS�� *' v _ ''. .� `t"+L=� i1 "4,/t �.a fix} ie ✓ • �� � �, LEGEND %li'; `` ., �, x._- 3,r�,, >.. is „ ,::,x„.76:. -- 0:6C- • r Property Boundary ty.� -r,;;. N. .?"ie;w' , 1 Proposed Easement • --Ai - ' , 14: 1 Stream - .• 1emetrf�r I ° + C Co. ri.ht 2016,Trimble Novi.ation Limited,o ; - y `er Hydric Soil Reestablishment Scale: finch = 400 ft. Horizontal Datum: WGS84 N SCALE 1:4800 Hydric Soil-Rehabilitation o -woo Hydric Soil-Jurisdictional 1 W Figure 3. Soil Boring Locations Feet Soil Boring Location Six Runs Mitigation Site oio 0;1 0 l 2 Soil Profile .w .E E Miles s BK 2056 PG 0886 FILED ELECTRONICALLY SAMPSON COUNTY NC GRAHAM F. BUTLER FILED Mar 24, 2020 AT 08:01:10 AM BOOK 02056 START PAGE 0886 END PAGE 0891 INSTRUMENT # 01545 EXCISE TAX $0.00 Return After Recording To: Prepared By: Environmental Banc&Exchange, LLC Judson Smith, Attorney at Law 3600 Glenwood Ave, Suite 100 Raleigh,NC 27612 Parcel Map Number.: 13102516012 MEMORANDUM OF AGREEMENT This Memorandum of Agreement(this"Memorandum"), dated 4rcil 3 ,2020, is made for the purpose of providing recordable evidence of that certain written Agreement Regarding Proposed Mitigation Project with the Effective Date of Marcit , 2020 (as amended, modified or supplemented from time to time, the "Agreement"), by and between Joan B. Troublefield (widowed), with a mailing address of 8261 Faison Hwy, Faison, NC 28341 ("Owner"), and ENVIRONMENTAL BANC & EXCHANGE, LLC, a Maryland limited liability company, with a mailing address of 412 N. Fourth Street, Suite 300, Baton Rouge, LA 70802("Project Sponsor"). RECITALS WHEREAS, Owner owns certain real estate located in Sampson County, North Carolina, consisting of 27.55 acres, more or less, which land is more particularly described and/or depicted on Exhibit A attached hereto and made a part hereof(the"Property"); WHEREAS, Project Sponsor is engaged in a business operation for the location, establishment, approval and maintenance of ecological restoration and/or conservation sites; WHEREAS, the Property, or a portion thereof, includes certain features or resources, which may be suitable for qualification and approval by Project Sponsor under applicable law as (Revised August 29,2017) Submitted electronically by "Resource Environmental Solutions" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Sampson County Register of Deeds. BK 2056 PG 0887 a ecological restoration, mitigation and/or conservation site(the"Project"); and WHEREAS, on the terms and conditions set forth in the Agreement, Owner and Project Sponsor have entered into the Agreement to, among other things, (i) establish a due diligence period to allow Project Sponsor to evaluate the Property(or portions thereof) for development of the Project, (ii) allow Project Sponsor to pursue approvals for the Project from applicable state, federal, and local regulatory authorities, on the terms and conditions of the Agreement, (iii)provide Project Sponsor, and certain third parties as provided in the Agreement, access rights over and across the Property for purposes set forth in the Agreement, (iv) if and when required under the Agreement,require the future execution by Owner of a perpetual conservation easement in the form required by the Agreement (the "Conservation Instruments"), and (v) set forth the various payments and consideration to be paid by the parties in connection with the foregoing. NOW, THEREFORE, Owner and Project Sponsor hereby agree to execute this Memorandum of Agreement for purposes of stating the following with respect to the Agreement and putting third parties on notice of the existence and terms thereof: 1. Recitals: The foregoing recitals are incorporated by reference into this Memorandum and shall be binding on the parties hereto. 2. Owner: The name and address of Owner are as set forth above. 3. Project Sponsor: The name and address of Project Sponsor are as set forth above. 4. Date of Agreement: The date of the Agreement is ,fla 23 20 zo. 5. Term of the Agreement: The term of the Agreement is as set forth in the Agreement,but for the avoidance of doubt, the term of the Agreement extends through ce.ittem r Z3 , 2020. 6. Conservation Instruments: If and when required under the Agreement,the Owner shall be required to execute, deliver, and record against a portion of the Property, the Conservation Instruments,including but not limited to a permanent conservation easement 7. Property Description: The Property,or a portion thereof, affected by the Agreement is the real property described and/or depicted on Exhibit A attached hereto. 8. Conflicts. In the event of any conflict between the terms of this Memorandum and the terms of the Agreement, the terms of the Agreement shall prevail. 9. Hold Harmless Agreement. At all times that this Memorandum, the Agreement, or the Conservation Easement remains effective, Project Sponsor agrees that it shall hold Owner harmless from liability for any damages caused by any activities conducted by Project Sponsor on the Property, other than to the extent such damages are caused by the negligence, willful misconduct or breach of this Agreement, the Conservation Easement or the Memorandum of Agreement by Owner or any party acting by, through or under Owner. At all times that this Memorandum,the Agreement,or the Conservation Easement remains effective and for so long (Revised August 29,2017) BK 2056 PG 0888 as the Conservation Easement affects the Property, Owner agrees that it shall hold Project Sponsor harmless from liability for any damages caused by any activities conducted by Owner or Owner's invitees on the Property, other than to the extent such damages are caused by the negligence,willful misconduct or breach of this Agreement,the Conservation Easement or the Memorandum of Agreement by Project Sponsor or any party acting by, through or under Project Sponsor. 10. Successors and Assiuns. The Agreement shall be a covenant that runs with the land and shall be binding on all of Owner's successors and assigns. Any party who acquires all or any portion of the Property, or any interest therein, whether by sale, foreclosure sale, deed in lieu of foreclosure, or in any other manner,shall take the Property(or such interest therein)subject to all of the provisions of the Agreement. 11. Defined Terms. Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement. [SIGNATURE PAGES FOLLOW] (Revised August 29,2017) BK 2056 PG 0889 IN WITNESS WHEREOF, intending to be legally bound, the Parties have executed this Memorandum the day and year first above written. OWNER: Toan B Troublefield Date: Address: [P.O. Box Not Permitted] , ,`SarJ [u 2�.�5 �f Email: / � a.�► b�-r .�br�� i.rrp��'T`t' STATE OF NORTH CAROLINA COUNTY OF 54Mfs®n On Mr,. 2 i , 2020, before me, a Notary Public for the state aforesaid, personally appeared Jo*„ 13. ir. , and that he/she/they executed, in my presence, the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. KENTON E BEAL : Notary Public, North Carolina Signature f Notary Public SEAL[SEAL t' ' [ Wake County ] a �■ w My Commission Expires - ' April 25,2024 Printed Name of Notary Public My Commission Expires: (Revised August 29,2017) BK 2056 PG 0890 Project Sponsor: Environmental Banc&Exchange,LLC, a Maryland limited liability company By: Resource Environmental Solutions, LLC, a Louisiana limited liability company,its mane ger ' BY Name:f :, Cf' / Title: '� r Date: . STATE OF `tf" yr oI 7 q COUNTY OF 4 it t On Marc L , 2020, before me, a Notary Public for the State aforesaid, personally appeared Dianc41 13 fl.345 , who acknowledged himself/herself to be the Cze.AerA f of Resource Environmental Solutions, LLC, a Louisiana limited liability company,manager of Environmental Banc&Exchange,LLC,a Maryland limited liability company, and that he/she, in the capacity set forth above, on behalf of Project Sponsor, being authorized to do so,executed,in my presence,the within instrument,and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. Yt,• KENTON E BEAL ` Signature of Notary Public �.. Notary Public, North Carolina Prnen 15. f ,e, [SEAL] 4� wake county Printed Name of Notary Public '' My Commission Expires April 25,2024 My commission expires: NI2S/ z (Revised August 29,2017) BK 2056 PG 0891 EXHIBIT A to Memorandum of Agreement Description of Property BEING that 27.55 acres, more or less,tract or parcel of real property situated in Sampson County,North Carolina located at or near Faison Hwy,being identified as Parcel Number 13102516012, and being a portion of the property conveyed by a deed recorded in Book 1558, Page 297 in the office of the Sampson County Register of Deeds. (Revised August 29,2017) BK 2055 PG 0100 FILED ELECTRONICALLY SAMPSON COUNTY NC GRAHAM F. BUTLER FILED Mar 04, 2020 AT 08:17:50 AM BOOK 02055 START PAGE 0100 END PAGE 0105 INSTRUMENT # 01118 EXCISE TAX $0.00 Return After Recording To: Prepared By: Environmental Banc & Exchange, LLC Judson Smith,Attorney at Law 302 Jefferson Street, Suite 110 Raleigh,NC 27605 Parcel Map Number.: 13012570002; 13007989601: 13007989604; 13007989607 MEMORANDUM OF AGREEMENT This Memorandum of Agreement(this"Memorandum"), dated ..64.1 0,,, { 3,0 ,2020, is made for the purpose of providing recordable evidence of that certain wxitten Agreement Regarding Proposed Mitigation Project with the Effective Date of A 30 , 2020 (as amended, modified or supplemented from time to time, the "Agreement" , by and between Daniel Chad Evans (unmarried), with a mailing address of 3406 E. Darden Road, Faison, NC 28341 ("Owner"), and ENVIRONMENTAL BANC & EXCHANGE, LLC, a Maryland limited liability company, with a mailing address of 412 N. Fourth Street, Suite 300, Baton Rouge, LA 70802("Project Sponsor"). RECITALS WHEREAS, Owner owns certain real estate located in Sampson County,North Carolina, consisting of 107.61 acres,more or less,which land is more particularly described and/or depicted on Exhibit A attached hereto and made a part hereof(the"Property"); WHEREAS, Project Sponsor is engaged in a business operation for the location, establishment, approval and maintenance of ecological restoration and/or conservation sites; WHEREAS, the Property, or a portion thereof, includes certain features or resources, which may be suitable for qualification and approval by Project Sponsor under applicable law as (Revised August 29,2017) Submitted electronically by "Resource Environmental Solutions" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Sampson County Register of Deeds. BK 2055 PG 0101 a ecological restoration, mitigation and/or conservation site(the"Project"); and WHEREAS, on the terms and conditions set forth in the Agreement, Owner and Project Sponsor have entered into the Agreement to, among other things, (i) establish a due diligence period to allow Project Sponsor to evaluate the Property (or portions thereof) for development of the Project, (ii) allow Project Sponsor to pursue approvals for the Project from applicable state, federal, and local regulatory authorities, on the terms and conditions of the Agreement, (iii)provide Project Sponsor, and certain third parties as provided in the Agreement, access rights over and across the Property for purposes set forth in the Agreement, (iv) if and when required under the Agreement,require the future execution by Owner of a perpetual conservation easement in the form required by the Agreement (the "Conservation Instruments"), and (v) set forth the various payments and consideration to be paid by the parties in connection with the foregoing. NOW, THEREFORE, Owner and Project Sponsor hereby agree to execute this Memorandum of Agreement for purposes of stating the following with respect to the Agreement and putting third parties on notice of the existence and terms thereof: 1. Recitals: The foregoing recitals are incorporated by reference into this Memorandum and shall be binding on the parties hereto. 2. Owner: The name and address of Owner are as set forth above. 3. Project Sponsor: The name and address of Project Sponsor are as set forth above. 4. Date of Agreement: The date of the Agreement is 30., 202o. 5. Term of the Agreement: The term of the Agreement is as set forth in the Agreement,but for the avoidance of doubt, the term of the Agreement extends through J o ,2021. 6. Conservation Instruments: If and when required under the Agreement, the Owner shall be required to execute, deliver, and record against a portion of the Property,the Conservation Instruments,including but not limited to a permanent conservation easement 7. Property Description: The Property,or a portion thereof, affected by the Agreement is the real property described and/or depicted on Exhibit A attached hereto. 8. Conflicts. In the event of any conflict between the terms of this Memorandum and the terms of the Agreement,the terms of the Agreement shall prevail. 9. Hold Harmless Agreement. At all times that this Memorandum, the Agreement, or the Conservation Easement remains effective, Project Sponsor agrees that it shall hold Owner harmless from liability for any damages caused by any activities conducted by Project Sponsor on the Property, other than to the extent such damages are caused by the negligence, willful misconduct or breach of this Agreement, the Conservation Easement or the Memorandum of Agreement by Owner or any party acting by, through or under Owner. At all times that this Memorandum,the Agreement,or the Conservation Easement remains effective and for so long (Revised August 29,2017) BK 2055 PG 0102 as the Conservation Easement affects the Property, Owner agrees that it shall hold Project Sponsor harmless from liability for any damages caused by any activities conducted by Owner or Owner's invitees on the Property, other than to the extent such damages are caused by the negligence,willful misconduct or breach of this Agreement,the Conservation Easement or the Memorandum of Agreement by Project Sponsor or any party acting by, through or under Project Sponsor. 10. Successors and Assigns. The Agreement shall be a covenant that runs with the land and shall be binding on all of Owner's successors and assigns. Any party who acquires all or any portion of the Property, or any interest therein, whether by sale, foreclosure sale, deed in lieu of foreclosure, or in any other manner, shall take the Property(or such interest therein) subject to all of the provisions of the Agreement. 11. Defined Terms. Capitalized terms used but not defined herein shall have the meanings set forth in the Agreement. [SIGNATURE PAGES FOLLOW] (Revised August 29,2017) BK 2055 PG 0103 IN WITNESS WHEREOF, intending to be legally bound, the Parties have executed this Memorandum the day and year first above written. OWNER: 7 .C { Daniel Chad Evans Date: , Address: [P.O. Box Not Permitted] Se "3 , Email: STATE OF NORTH CAROLINA COUNTY OF . colf On . � ® x , 2020, before me, a Notary Public for the state aforesaid, personally appeared CVA n f , and that he/she/they executed, in my presence, the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. KENTON E h Ca rolina Signature of NotaryPublic • Notary Public, North Ca [SEAL � Wake County en P f j My Commission Expires Printed Name of Notary Public April 25,2024 My Commission Expires: Gt(Ls itv (Revised August 29,2017) BK 2055 PG 0104 Project Sponsor: Environmental Banc& Exchange, LLC, a Maryland limited liability company By: Resource Environmental Solutions, LLC, a Louisiana limited liability company, its manager • v. ft Name. Title: L Date: STATE OF '601 jiia'I COUNTY OF Ck,Vi On Jce.+ vcc- �D , 2020, before me, a Notary Public for the State aforesaid, personally appeared Sst.n.s-L 7. ~v,,4 , who acknowledged himself/herself to be the Rear(n i h-1 ctvn of Resour a Environmental Solutions, LLC, a Louisiana limited liability company,maer of Environmental Banc&Exchange,LLC,a Maryland limited liability company, and that he/she, in the capacity set forth above, on behalf of Project Sponsor, being authorized to do so,executed,in my presence,the within instrument,and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official eal. CHRISTOPHER A. SANTELLE Notary Public, North Carolina Wake County My Commission Expires Si tune of N "ary Public November 05,2024 �. [SEAL] Printed Nam of Notary Public My commission expires: sale L.5: 2424 (Revised August 29,2017) BK 2055 PG 0105 EXHIBIT A to Memorandum of Agreement Description of Property Tract 1 BEING that 89.88 acres,more or less, tract or parcel of real property situated in Sampson County,North Carolina located at or near E. Darden Road,being identified as Parcel Number 13012570002, and being a portion of the property conveyed by a deed recorded in Book 1402, Pages 140 in the office of the Sampson County Register of Deeds. Tract 2 BEING that 8.15 acres,more or less,tract or parcel of real property situated in Sampson County, North Carolina located at or near E. Darden Road,being identified as Parcel Number 13007989601, and being a portion of the property conveyed by a deed recorded in Book 1839, Pages 325 in the office of the Sampson County Register of Deeds. Tract 3 BEING that 6.49 acres,more or less, tract or parcel of real property situated in Sampson County, North Carolina located at or near E. Darden Road,being identified as Parcel Number 13007989604, and being a portion of the property conveyed by a deed recorded in Book 1882, Pages 462 in the office of the Sampson County Register of Deeds. Tract 4 BEING that 3.09 acres,more or less, tract or parcel of real property situated in Sampson County, North Carolina located at or near E. Darden Road,being identified as Parcel Number 13007989607, and being a portion of the property conveyed by a deed recorded in Book 1919, Pages 208 in the office of the Sampson County Register of Deeds. (Revised August 29,2017)