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HomeMy WebLinkAboutBig Branch Site_100141_TProp_2019:. _ -�a r .`)fir' •'.�_': _"'.-�i:;�J.,`' '•`107W,. f t -_'` •rri ~ ' _ ".fir �� � v �� -d,�,- •' '``-V '5+�." . �� -�; ti. r 'per- _- •�a, Big Branch Mitigation J o r ;�, , ti•'�.. :;.,, CATAWBA RIVER BASIN ' RFP #16-007875 / CU #03050101 - - c Submitted to: �{ .� - NC DEQ Division of Mitigation Services Attention: Majorie Barber 217 West Jones Street Suite 3409-1 Raleigh, NC 27603 V' `'� �r Michael Baker Engineering, Inc. Michael Baker INTERNATI ONAL nhnerinr,cn mms .11 ;IMFN� it y 41. -• J � � Ti .~1 i�ieii.• M� f _ t w �46'� � • �� i;. nF1tr v ti 7•��• r r.'_�MW W Cover Letter Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Michael Baker Engineering, Inc. 8000 Regency Parkway, Suite 600, Cary, NC 27518 Office: 919-463-5488 1 Fax: 919-463-5490 August 13, 2019 NC DEQ- Division of Mitigation Services Attn: Marjorie Barber 217 West Jones Street, Suite 3409-1 Raleigh, North Carolina 27603 RE: Proposal to Provide Stream and Wetland Mitigation Credits through the Big Branch Mitigation Project, RFP #16-007875, Catawba River Basin Cataloging Unit 03050101 Dear Marjorie Barber: Michael Baker Engineering, Inc. (Michael Baker) is pleased to present to the North Carolina Department of Environmental Quality; Division of Mitigation Services (NCDMS) the following proposal to provide stream mitigation credits and riparian wetland mitigation credits in the Catawba River Basin (Cataloging Unit 03050101) in response to RFP #16-007875. This proposal is a firm offer from Michael Baker and shall remain open for acceptance by NCDMS for a period of 180 days from the opening date of August 13, 2019 for the above -referenced RFP. Michael Baker has entered into contracts to purchase conservation easements on acreage to comprise the Big Branch Mitigation Site in Alexander County. The project site is located near Stony Point, just northwest of Statesville. Michael Baker has extensive restoration and mitigation implementation experience and understands the most recent requirements and standards applicable for restoration in this sub -watershed of the Catawba River Basin. Should NCDMS pursue the wetland mitigation option, Michael Baker has extensive experience in restoring degraded wetlands. Accordingly, Michael Baker is in a strong position to implement this proposed project in a timely and effective manner. The information provided in this proposal is being submitted for the sole purpose of responding to the above -referenced request for proposals. We greatly appreciate all consideration NCDMS gives this proposal and look forward to hearing from you regarding a decision. We would appreciate the opportunity to complete the presentation of this proposal to NCDMS through a field visit and discussion. Sincerely, Michael Baker Engineering, Inc. Dwain G. Hathaway, PE Office Executive / Vice Presid6tit PH: 919-481-5702/E-Mail: DHathaway@mbakerintl.com The Big Branch Mitigation Project will include the following: Two options for well over 10,000 stream mitigation credits and a third option for 9,100 credits utilizing a broad, balanced approach including restoration and enhancement to address the stream reaches on the project property providing the maximum possible functional uplift. This project will provide removal of direct livestock access and associated impairments to surface waters along more than 12,600 linear feet (LF) of existing stream channel. The project also offers optional riparian wetland mitigation credits. _4Ka (Katie) McKeithan, PE, CPESC, CPSWQ, CFM Ecosystem Restoration Manager / Primary Contact PH: 919-481-5703/E-Mail: Katie. McKeithan@mbakerintl.com IRTERNATk0HAL Page 1 Big Branch Mitigation Project qqqq CATAWBA RIVER BASIN / RFP #16-007875 / CU #03050101 Title Page Michael Baker Engineering, Inc. 8000 Regency Parkway, Suite 600 Cary, NC 27518 Phone: 919-481-5702 Email: DHathaway@mbakerintl.com Authorized Representative: Dwain Hathaway, PE Catawba River Basin RFP #16-007875/CU #03050101 INTERNATIONAL Or I Execution Page and Addenda �01 MsTArF °F� X o ` LessE Q�UAI� VVon` * STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Request for Proposal #: 16-007875 Full Delivery Projects to Provide Stream Mitigation Credits within the Cataloging Unit 03050101 of the Catawba River Basin as described in the Scope of Work Date of Issue: May 6, 2019 Proposal Opening Date: August 13, 2019 At 2:00 PM ET Direct all inquiries concerning this RFP to: Marjorie Barber Purchasing Agent Email: marjorie.barber@ncdenr.gov Phone: (919) 707-8451 '��FSSE Qum a �'� STATE OF NORTH CAROLINA Request for Proposal # 16-007875 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company's Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuantto G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: 13-5674528 Federal ID Number or Social Security Number Michael Baker Engineering, Inc. Vendor Name Sealed, mailed or hand delivered responses ONLY will be accepted for this solicitation. STATE OF NORTH CAROLINA Department of Environmental Quality Refer ALL Inquiries regarding this RFP to: Request for Proposal #: 16-007875 Marjorie Barber Proposals will be publicly opened: August 13, 2019 Mariorie.barber ncdenr. av (919) 707-8451 Contract Type. Open Market Using Agency: Division of Mitigation Services Commodity No. and Description:962-73 Requisition No.: NIA Restoration ! Reclamation Services of Land and other Properties EXECUTION In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S_ 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendors knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S 143-48.5, the undersigned Vendor certifies that it, and each of its sub -Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibitthe offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. 'OMPLETEIFORMAL NAME OF Michael Baker Engineering, Inc. 8000 Regency Parkway, Suite 600 CITY & STATE & ZIP: Cary, NC 27518 P.O. ZIP: 1 27518 TELEPHONE NUMBER: I TOLL FREE TEL. 919-463-5488 PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #12): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: DwairyG.-Hathaway, PE r VEN OR' AUTHQRtZED'SMNATUR.E*: DATE: EMAIL: �� ( / _ _ 07/16/2019 DHathaway@mbakerintl.com Offer valid for at least 180 days from �ate� of proposal opening. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the Department of Environmental Quality shall affix his/her signature hereto and this document and all provisions of this Request for Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). accept and Contract awarded this day of , 2019, as indicated on the attached certification, by (Authorized Representative of Department of Environmental Quality) Ver: 12/3118 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. Contents 1.0 PURPOSE AND BACKGROUND.............................................................................................6 2.0 GENERAL INFORMATION.......................................................................................................6 2.1 REQUEST FOR PROPOSAL DOCUMENT.............................................................................6 2.2 RESERVED &PROCUREMENT SOLICITATION...................................................................6 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS...............................6 2.4 RFP SCHEDULE.....................................................................................................................7 2.5 PROPOSAL QUESTIONS.......................................................................................................8 2.6 PROPOSAL SUBMITTAL.......................................................................................................8 2.7 PROPOSAL CONTENTS......................................................................................................10 2.8 IMPORTANT INFORMATION AND RESTRICTIONS............................................................12 2.9 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS.............12 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS..........................................................13 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS.....................................17 3.1 METHOD OF AWARD...........................................................................................................17 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ....... 17 3.3 PROPOSAL EVALUATION PROCESS.................................................................................18 3.4 EVALUATION CRITERIA......................................................................................................19 3.5 PERFORMANCE OUTSIDE THE UNITED STATES.............................................................19 3.6 INTERPRETATION OF TERMS AND PHRASES..................................................................19 4.0 REQUIREMENTS...................................................................................................................20 4.1 CONTRACT TERM................................................................................................................20 4.2 PRICING..............................................................................................................................-20 4.3 DOWNWARD PAYMENT ADJUSTMENTS...........................................................................20 4.4 INVOICES..............................................................................................................................20 4.5 PAYMENT TERMS.................................................................................................................21 4.6 FINANCIAL STABILITY........................................................................................................21 4.7 FINANCIAL ASSURANCE....................................................................................................21 4.8 VENDOR EXPERIENCE........................................................................................................21 4.9 REFERENCES......................................................................................................................21 4.10 BACKGROUND CHECKS.....................................................................................................22 4.11 PERSONNEL........................................................................................................................22 4.12 VENDOR'S REPRESENTATIONS........................................................................................22 Ver:1213l18 Page 4 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. 5.0 SCOPE OF WORK.................................................................................................................23 5.1 GENERAL.............................................................................................................................23 5.2 OBJECTIVES........................................................................................................................23 5.3 TASKS............................................................................................................................I......24 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE............................................26 5.5 ACCEPTANCE OF WORK....................................................................................................27 6.0 CONTRACT ADMINISTRATION.............................................................................................27 6.1 PROJECT MANAGER AND CUSTOMER SERVICE................................I...........................27 6.2 DISPUTE RESOLUTION.......................................................................................................27 6.3 CONTRACT CHANGES........................................................................................................27 6.4 CONTRACT ADMINISTRATOR............................................................................................27 ATTACHMENTA: PRICING..............................................................................................................28 ATTACHMENT B: INSTRUCTIONS TO VENDORS..........................................................................29 ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS .............32 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR..........................................38 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION...................................................39 ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION......................................................40 ATTACHMENT G: VENDOR'S INFORMATION................................................................................41 ATTACHMENT H: TASKS AND DELIVERABLES Ver: 10/23118 Page 5 of 41 Proposal Number: 16-007875 1.0 PURPOSE AND BACKGROUND Vendor. Michael Baker Engineering, Inc. The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. This RFP is not an offer for a Contract, nor does the Department's acceptance of any Technical/Cost Proposal guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of North Carolina. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 RESERVED &PROCUREMENT SOLICITATION ATTENTION: This is NOT an E-Procurement solicitation. Paragraph #16 of Attachment C: North Carolina General Contract Terms and Conditions, paragraphs (b) and (c), do not apply to this solicitation. 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor's responsibility to read the Instructions, the State's terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued it connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 2.5 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor's proposal. This applies to any language appearing in or attached to the document as part of the Vendor's proposal that purports to vary any terms and conditions or Vendors' instructions herein or to render the proposal non -binding or subject to further negotiation. Vendor's proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor's proposal as nonresponsive. By executing and submitting its proposal in response to this RFP, Vendor understands and agrees that the State may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept Vendor's proposal under the terms and conditions of this RFP. Contact with anyone working for or with the State regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer, at the State's election. Ver: 10/23/18 Page 6 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. 2.4 RFP SCHEDULE The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP State May 6, 2019 Hold Pre -Proposal Meeting State May 16, 2019 Submit Written Questions Vendor May 24, 2019 by 2:00 PM ET Provide Response to Questions State May 31, 2019 Submit Proposals Vendor August 13, 2019 by 2:00 PM ET Contract Award State TBD Contract Effective Date State TBD MANDATORY PRE -PROPOSAL CONFERENCE Mandatory Pre -Proposal Conference: Date: May 16, 2019 Time: 10:30 AM Eastern Time Contact #: (919) 707-8451 Instructions; It shall be MANDATORY that each Vendor representative be present for a pre -proposal conference on May 16, 2019. Attendees must meet promptly at 10:30 AM Eastern Time at North Carolina Department of Environmental Quality, Division of Mitigation Services, 217 West Jones Street, Raleigh, NC 27603. Attendance at this Pre -Proposal Conference is a prerequisite for consideration of a bidder's offer. Vendor and/or his representative must: (1) arrive prior to the scheduled start time of the Pre -Proposal Conference; Late arrivals will not be allowed to sign in or participate in the meeting (2) sign -in on the attendance sheet; and (3) sign -out upon completion of the Pre -Proposal Conference. Failure to comply with this requirement will cause offer to be rejected. The purpose of the pre -proposal conference is for all prospective offerors to acquaint themselves with the conditions and requirements of the tasks to be performed. Submission of an offer shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions that a prudent offeror would recognize as affecting the performance of the work called for in this solicitation. Offeror is cautioned that any information released to offeror other than during the pre -proposal conference which conflicts with, supersedes, or adds to requirements in this solicitation, must be confirmed by written addendum before it can be considered part of this solicitation document. Vendor bidding otherwise does so at his own risk. Each offeror is permitted to send no more than (2) people to the conference. Only one (1) representative per offeror is allowed to sign both the sign -in and sign -out sheet (the representative that signed in must also sign out). Only one (1) pre -determined, pre -proposal conference will be held; individual pre -proposal conferences are not allowed. Ver: 10/23/18 Page 7 of 41 Proposal Number: 16-007875 Vendor.- Michael Baker Engineering, Inc. The purpose of this pre -proposal conference is for all prospective Vendors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposals. Vendors must stay for the duration of the pre -proposal conference, No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this proposal. Vendors are cautioned that any information released to attendees during the pre -proposal conference, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal. 2.5 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be emailed to mariorie. barber ncde_ nr.gov by the date and time specified above. Vendors should enter "RFP #: 16-007875: Questions" as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below: Reference Vendor Question RFP Section, Page Number Vendor question ...? Questions received prior to the submission deadline date, the State's response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System {IPS), http:llwww,ips,state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.6 PROPOSAL SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended or unanticipated delay —whether submitted electronically, delivered by hand, U.S. Postal Service, courier or other delivery service. it is the Vendor's sole responsibility to ensure its proposal has been submitted to this Office by the specified time and date of opening. The time and date of submission will be marked on each proposal when received Any proposal -submitted after the proposal deadline will be rejected. Mailing address for delivery of proposal Office Address of delivery by any other method via US Postal Service (special delivery, overnight, or any other carrier). PROPOSAL NUMBER: 16-007875 PROPOSAL NUMBER: 16-007875 NC DEQ - DIVISION OF MITIGATION SERVICES NC DEQ - DIVISION OF MITIGATION SERVICES ATTN: MARJORIE BARBER ATTN: MARJORIE BARBER 1652 MAIL SERVICE CENTER 217 WEST JONES STREET, SUITE 3409-1 RALEIGH, NC 27699-1652 RALEIGH, NC 27603 For proposals submitted via U.S. mail, please note that the U.S. Postal Service generally does not deliver mail to a specified street address but to the State's Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency's purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal by U.S. Postal Service, courier, or other delivery service. Attempts to submit a proposal via facsimile (FAX) machine, telephone or email in response to this RFP shall NOT be accepted. Very 10123M 8 Page 8 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. a) Submit one (1) signed, original executed Technical Proposal responses, and four (4) photocopies, (Ail 5 Must Be Placed in Separate - 3-Ring Binders or Notebooks and Include Section Tabs). Original responses must be labeled. b) Submit one (1) redacted electronic (Proprietary and Confidential Information Excluded) copy of the executed Technical Proposal on one (1) USB flash drive simultaneously to the address identified in the table above The electronic files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. c) Technical Proposal must list any proprietary information identified as confidential and proprietary in accordance with Attachment B, Paragraph 14 of the Instructions to Vendors. The Division of Mitigation Services, in responding to public records requests, will release the information provided. It is the sole responsibility of the Vendor to ensure that this information complies with the requirements of Paragraph 14 of the Instructions to Vendors d) Submit the boundaries of the proposed project on the LISB flash drive containing the technical proposal described above. The boundary can be the proposed easement(s) or the general project area. NCOMS expects the submitted file to closely match the project area(s) shown in the project proposal location map. The file representing the proposed project boundaries must: 1) Consist of an ArcMap multipart polygon format (.shp or geodatabase); 2) Project in the State Plane Coordinate System (NAD 83) using a base unit of meters or feet; 3) Include the *.prj file holding the coordinate system information; 4) Adhere to the following convention within the attribute table. Each record represents a single boundary configuration in its entirety as proposed for consideration. If more than one boundary configuration is proposed, a separate and discrete record is required. Each record must have the following attribute information: Vendor name; Site _Name (as named in proposal); Configuration/Option (as named in proposal); Project —Type (Stream, Wetland, Buffer or Combination); Coordinate —System (SP Meters or SP Feet). e) Submit your technical proposal in a sealed package. Clearly mark each package with: (1) Sealed Technical Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. f) Submit one (1) signed, original executed cost proposal responses and one (1 ) photocopy (All must be In aced in one separately sealed envelope). All cost proposal response packages must be clearly marked with (1) Sealed Cost Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. If Vendor is submitting more than one (1) cost proposal option, each response shall be submitted in a separately sealed envelope and marked accordingly. For delivery purposes, separately sealed envelopes from a single Vendor may be included in the same outer package. NOTE: All Technical and cost proposals must constitute a firm, irrevocable offer for a period of at least six (6) months beyond the specified "Opening Date" for this RFP- Failure tc submit a proposal in strict accordance with these instructions shall constitute sufficient cause to reject a vendor's proposal(s). Critical updated information may be included in Addenda to this RFP. It is important that all Vendors proposing on this RFP periodically check the State's IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. Ves: 10/23/18 Page 9 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. Contact with anyone working for or with the State regarding this RFP other than the State Contract Lead named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer, at the State's election 2.7 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: a) COVER LETTER b) TITLE PAGE: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) EXECUTION PAGES and any ADDENDA released in conjunction with this RFP that requires the Addenda to be returned. These must be completed and signed. Failure to comply will result in your bid being disqualified. d) EXECUTIVE SUMMARY: The executive summary shall consist of highlights of the general contents of the proposal, and shall clearly state the anticipated mitigation type and amount of credits proposed. If the Vendor is proposing multiple mitigation options, each option shall be specifically described in this section. (Submitted Mitigation credits as stated in the Executive Summary small match the credit tables shown in the Technical approach section of the submittal. This credit total also shall match the amount on the Sealed Bid Proposal (attachment A). e) CORPORATE BACKGROUND AND EXPERIENCE: This section shall include background information on the firm submitting the proposal, the firm's ability to carry out all phases of the proposal, information concerning similar mitigation projects completed in North Carolina and other states, the firm's office location(s), the experience of the project manager, the firm's multidisciplinary approach to the project, the resumes of key personnel for the primary Vendor and sub -vendors, and DBE/HUB participation. f) PROJECT ORGANIZATION: This section must include the proposed staffing, deployment, and organization of personnel to be assigned to this project. The Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. g) TECHNICAL APPROACH: This section shall include and be completed in the following sequence: • Project Goals and Objectives- Specifically describe how the proposed project will address the watershed goals identified in the River Basin Restoration Plan (RBRP) applicable to the project area, and the objectives that will be used to accomplish those goals. RBRPs can be found at: https://deg.ng.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents searchable by river basin. Unless otherwise specified in the RFP, the proposed ecological benefits and functional uplift the project could provide may be determined at the discretion of the Vendor. If a proposed site addresses more than one of the watershed goals, it will be taken into consideration in the site rating. • Project Description- Provide a detailed description of the project including, but not limited to a description of the site in its existing condition, watershed (including County and 14-digit Hydrologic Unit) and its condition; soils and geology; anticipated cultural resources, protected species issues and known site constraints (i.e. other easements, crossings, site access, etc.). Note: due to concerns regarding waterfowl attraction in the vicinity of air transport facilities, the project description must include a site location map that identifies any air transport facility located within 5 miles of the project site. The presence of an air transport facility will not exclude the proposal from consideration. • The proposal shall include a maps) with topographic background that includes mapping of proposed mitigation areas (Restoration, Enhancement, etc.) Project Development — Describe in detail the means by which the proposed changes will be made. Describe in detail reasons for the anticipated activities and why these activities are warranted to the level proposed. Clearly state the anticipated ecological uplift for each activity on the project. The project development description must include: Ver: 10/23/18 Page 10 of 41 Proposal Number: 16-007875 Vendor.- Michael Baker Engineering, Inc. • A general description for all stream crossings, fords, roads etc. The description must include the location, width, and type of crossing (ford, culvert, bridge etc.). Crossings that utilize bridges and/or culverts with fencing that permanently prevent livestock access both upstream and downstream of the crossing (so that livestock exclusion is not dependent on the use of gates) provide better protection of the riparian area, and possibly gaining more points on the Technical Proposal Scoresheet. Proposed Mitigation - Provide a description of the mitigation credits proposed. include an explanation of how the proposed credits were derived and a table of anticipated mitigation credits. The table shall include a total for each type of mitigation (i.e. restoration, etc.) being offered. If multiple options are proposed, a table for each option shall be provided. Mitigation credits shall match information provided in the sealed cost sheets (Appendix A: Pricing). Current Ownership and Long Term Protection - Identify the ownership of all parcels which will be affected by the project. Include the landowners name and parcel number and the proposed method for providing long term protection of the mitigation site. The long term protection may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. In this section of the technical proposal it should be clearly stated that conveyance of a conservation easement to the State is the method that will be used to provide long term protection of the mitigation site. A signed option agreement valid for a period of at least one -hundred eighty (180) days from the closing date of this RFP, prepared in accordance with NCGS Chapter 47G-2, and recorded in the applicable County(ies), or other suitable documentation of real property interest must be provided for each parcel. • Project Phasing — Provide a complete schedule for completing the tasks for the project as identified in this RFP. Describe methods for completing these tasks. The proposed schedule must be based on completion of the project (seven (7) year monitoring period) within the ten (10) year contract period. The proposed schedule should be based on the number of months (from contract issuance) needed to complete each of the tasks listed in the scope of work. Success Criteria — Identify specific performance standards that are anticipated to be utilized to measure success of the project. The success criteria must be directly related to the anticipated ecological uplift identified in paragraph Project Development above. Quality Control — This section shall describe the Vendor's quality control program and other procedures that will be used to ensure: 1) each deliverable (i.e. mitigation plan, baseline monitoring document, monitoring report, etc.) is submitted in accordance with the schedule established in the technical proposal, it follows the format(s) established by NC DMS, it contains all required information, and is gram maticallyltypographically correct; and 2) sufficient oversight is provided during the construction/planting phase so that the project is completed on schedule and is in compliance with any required federal, state or local permit(s). Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side. However, the Technical Proposal should not exceed a total of 50 pages printed front to back (100- page limit) and each shall be submitted within a three ring binder with section tabs. Photographs, maps and diagrams will count toward the 100 pages. If a technical proposal does not meet all the Department's requirements, it will be rejected and the corresponding sealed cost proposal will not be opened. Ver: 10/23118 Page 11 of 41 Proposal Number: 16-007875 vendor: Michael Baker Engineering, Inc. g) ATTACHMENT A: PRICING (COMPLETED, SIGNED AND SEPARATELY SEALED) h) ATTACHMENT B: INSTRUCTIONS TO VENDORS ii) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS j) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR (COMPLETED) i) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION (COMPLETED AND SIGNED) j) ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION (COMPLETED) k) ATTACHMENT G: ADDITIONAL VENDOR INFORMATION (COMPLETED) I) TECHNICAL SCORESHEET — COMPLETED (OPTIONAL) 2.8 IMPORTANT INFORMATION AND RESTRICTIONS a) The DMS recognizes that a Vendor(s) might not be able to find one site that provides the total amount of mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the following categories: ■ One or more sites providing all of the requested mitigation credits; or ■ One or more sites providing a portion of the requested mitigation credits. b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that multiple mitigation options are being offered for a site, and specifically describes each option, the Department shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount indicated in the proposal. c) Proposals will NOT be accepted using the following types of sites: 1. Property purchased with Clean Water Management Trust Fund monies 2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Program, Wetlands Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP 1 Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean Water Act 4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation needs by any state agency 5. Properties that are controlled by any federal agency 6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re- alignment) in violation of federal or state rules or statutes. d) Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this RFP. As stated in the TASKS Section, long-term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina. 2.9 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS The latest required report templates, technical scoresheets, target watersheds and mapping and applicable to this RFP are found at: htt s://de .nc. ov/about/divisions/miti ation-services/dms-vendors/rf -forms-tem rates Ver: 10/23/18 Page 12 of 41 Proposal Number: 16-007875 vendor: Michael Baker Engineering, Inc. 2.10 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Adjusted Credit Cost — The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credit, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits. Agencies — The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on proposed compensatory wetland, stream, riparian buffer or nutrient offset mitigation. As -Built Drawings — Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all implementation activities have been completed. Baseline Monitoring Document — A written document, supplemented with graphics (including as -built drawings), that describes in detail the implemented mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by which its success will be determined. Cataloging Unit ("CU") — A geographic area representing part or all of a River Basin and identified by an 8-digit number as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey". Categorical Exclusion — Categories of actions that do not individually or cumulatively have a significant effect on the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. The Categorical Exclusion will be satisfied by completing the Categorical Exclusion Action Form and Document. The Categorical Exclusion must be approved by the Federal Highway Administration (FHWA). Coastal Wetland — As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA Handbook for Development in Coastal North Carolina — Section 2(A)(4) found at: httpa/portal ncdenr org/web/cm/104 Closeout Report — A component of the final year of the Monitoring Report that provides an assessment of the monitoring data collected from the entire monitoring period to demonstrate attainment of success criteria. Conservation Easement — A restriction landowners voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the "holder" of the easement. The State of North Carolina must receive from the landowner a conservation easement as prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects. Credit — A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced or preserved. Credit Cost — Total bid cost divided by the number of offered credits for each type of mitigation. Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the successful implementation of the approved Mitigation Plan, including construction and post -construction monitoring. Department — The North Carolina Department of Environmental Quality (NCDEQ) Division of Financial Services — Contracting arm of NCDEQ. Division of Water Resources -Division in NCDEQ that is responsible for state water quality regulations. DOAIP&C — The North Carolina Department of Administration, Division of Purchase and Contract. Financial Assurance — Financial security assuring the ability of the provider to deliver the contracted for mitigation credits. Financial Assurance must be provided through Performance Bonds, letters of Credit or Casualty Insurance. Ver: 10/23/18 Page 13 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. Hydrologic Unit ("HU") — A geographic area representing a portion of a Cataloging Unit as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey," and identified by a 14-digit number. Interagency Review Team (IRT) — A group of federal, tribal, state, and/or local regulatory and resource agency representatives that review documentation for, and advises the USACE district engineer on the establishment and management of a stream and/or wetland mitigation bank or an in -lieu fee program. Intermittent Stream — A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 4.11, 2C10, effective September 1, 2010. This manual can be found at: htt :/1 ortal.ncdenr.or /web/w /swlws/401/waterresources/streamdeterrninations Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual. Local Watershed Plan — an NCDMS watershed plan that is conducted in specific priority areas (typically one or more TLWs) where NCDMS and the local community have identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found by County or River Basin at: https:l/deq. nc. gov/abouUdivisions/m itigatio_n-services/dms-planning/watershed-plann ing-documents Long Term Protection — as defined in the Federal Code of Regulations (Federal RegisterNol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations — Section 332.7 Management, the Long Term Protection of a mitigation site may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. The use of conservation easements and/or restrictive covenants must receive prior approval by the United States Army Corps of Engineers (USACE) — District Engineer. As noted in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient protection. Mitigation Plan — A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project. Monitoring Report --- A written document, supplemented with graphics due on December 1st of each year during the seven (7) year monitoring period following the completion of construction. This report contains results of the measured success criteria as defined in the Baseline Monitoring Document. NCDMS — The North Carolina Division of Mitigation Services. Non -Riparian Wetland — An area underlain with hydric soils that is NOT located in a geomorphic floodplain or natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments. Non -Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non - riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)). Opening Date — The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to NCDMS. Proposals will not be accepted by NCDMS after the opening date/time. Perennial Stream — A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http:i/portal.ncdenr.ora/web/wo/swptws/401/waterresourceslstreamdeterminations Ver: 10/23118 Page 14 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. Preliminary Findings Report — An NCDMS report that is developed during the Local Watershed Planning process that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat and hydrologic functions. Project Area — For the purposes of this RFP, project area is defined as the area within the proposed conservation easement for the project. Project Milestones — A deliverable, such as a document or completed action that signifies that the endo of a task in the Scope of Service. Property— A Site may be comprised of one or more pieces of real Property owned by one or more individual. Proposal — The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a Sealed Technical Proposal, Proposed Project - a site that is in a pre -construction state and that is not associated with, or a part of, an approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP. Proposal Rating ("PR") — A value (number) that is calculated for each Proposal based upon the evaluation of the Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points. Proposal Review Committee ("PRC") - A committee established by the NCDMS to review and evaluate each Proposal received and to make recommendations to the NCDMS Director and Procurement Manager. Release of Credits — means a determination by the USACE district engineer in consultation with the IRT (or DWR for riparian buffer and nutrient offset), that credits associated with an approved mitigation plan are available for sale or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705). RFP — Request for Proposals; the document issued by the Department to solicit Proposals from interested Vendors. Riparian Buffer Mitigation Credit- The unit of measurement of the extent of riparian buffer mitigation being offered in a Proposal. Riparian Wetlands — An area that is underlain with hydric soils and located within a geomorphic floodptain or natural crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size. River Basin — The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina, River Basin Restoration Priorities -A planning document prepared by the NCDMS that targets specific watersheds (TLWs) with descriptions of existing degradation and protection needs for restoration project implementation. Unless otherwise stipulated in the RFP, NCDMS requires mitigation sites to be located in these targeted local watersheds (i.e. hydrologic units). Scope of Services — All services, actions, and physical work required by the Department to achieve the purpose and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated. Sealed Cost Proposal — The completed Sealed Cost Proposal form included in the RFP signed by the Vendor specifying the total compensation requested for the performance of the specified scope of services as defined by the RFP. if more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Vendor is willing to offer multiple options (i.e. different quantities of mitigation at different credit costs) for one proposed site, a separate Cost Proposal must be submitted for each option offered. Service Area — 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to satisfy permit requirements. 2) A geographic area where a mitigation requirement can be satisfied. Ver: 10/23/18 Page 15 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. Site— Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland, stream, buffer or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic connectivity and/or habitat continuity such that the functional relationships between the project components, encompassed within each parcel is evident. DMS shall have the sole discretion to determine whether the project components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project proposal. Stream Mitigation Credit — The unit of measurement of the extent of stream mitigation being offered in a Proposal. Targeted Local Watershed (TLW) — A 14-digit Hydrologic Unit identified as a targeted area in the RFP. These are preferred locations for mitigation projects because they may have environmental characteristics that can be improved through restoration projects. Targeted Resource Area (TRA) — a unique or substantial important asset, opportunity, or function located within a defined area. TRAs can include targeted assets or targeted opportunities. These are identified by analyzing spatial data representing assets, problems, and opportunities that manifest as patches of significance at a smaller scale than the 12- or 14-digit hydrologic units. These are analogous to TLWs; however, IRAs have defined boundaries based on an area of influence or an area of habitat extent NOT necessarily defined by a watershed boundary. Technical Proposal — One of the two parts of the Proposal which contains a technical description of the proposed mitigation. USACE — United States Army Corps of Engineers, Regulatory Branch, Wilmington District USGS — United States Geological Survey. Vendor — A private agency, corporation, firm, organization, business, or individual offering to provide qualified professional or specialized services to the Department; if two or more private agencies, corporations, organizations, businesses or individuals join together in a prime vendor/sub-vendor relationship to submit a Proposal, the Department will consider the prime vendor to be the Vendor; only the Vendor may enter into a Contract with the Department (The words 'Vendor' and `Contractor' are used interchangeably for this RFP). Wetland Enhancement - means the manipulation of the physical, chemical and biological characteristics of a site to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Wetland Preservation - means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes those activities normally associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain in aquatic resource area or functions. Wetland Restoration - means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is divided into two categories: Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and Wetland Rehabilitation. Wetland Re-establishment — means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and function. Wetland Rehabilitation — means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning most, if not all of the natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Wetland Mitigation Credit —The unit of measurement of the extent of wetland mitigation being offered in a Proposal. Ver: 10/23/18 Page 16 of 41 Proposal Number! 16-007875 Vendor: Michael Baker Engineering, Inc. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD Contracts will be awarded in accordance with G.S. 143-52 and the evaluation criteria set out in this solicitation. Prospective Vendors shall not be discriminated against on the basis of any prohibited grounds as defined by Federal and State law. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. The NCDMS Procurement Manager and the Director, will analyze the ranked sites, determine the proposal selections and submit recommendations to the Department of Administration, Purchase & Contract section, as required, for approval, taking into account the following information: • adjusted credit cost • credit cost ■ available funds • mitigation needs at the time of selection ■ the best interest of the State of North Carolina While the intent of this RFP is to award a Contract(s) to single Vendor, the State reserves the right to make separate awards to different Vendors for one contracts, to not award one or more contracts, or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The status of a Vendor's E-Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an E-Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State's discretion, be disqualified from further evaluation or consideration. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period —from the date proposals are opened through the date the contract is awarded —each Vendor submitting a proposal (including its representatives, sub -contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor's office), or private entity, if the communication refers to the content of Vendor's proposal or qualifications, the contents of another Vendor's proposal, another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in com Hance with this provision shall be disqualified from contract award, unless it is determined in the State's discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor's proposal may be disqualified if its sub -contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. Ver: 10123/18 Page 17 of 41 Proposal Number: 16-007875 3.3 PROPOSAL EVALUATION PROCESS Vendor.- Michael Baker Engineering, Inc. The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State will conduct a Two -Step evaluation of Proposals: Proposals will be received from each Vendor as two separate volumes - the Technical Proposal and the Cost Proposal. Both proposals (Technical and Cost) shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained in the technical proposal. Inclusion of any cost information in the technical proposal and/or any technical information in the cost proposal shall constitute sufficient grounds to reject Vendor's proposal. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. At that date and time, the package containing the technical proposals from each responding firm will be publicly opened and the name of each Vendor announced publicly. A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed in safekeeping until opened at a later date. All technical proposals will be evaluated prior to opening any cost proposal. Upon completion of the technical evaluation, the cost proposals of those Vendors whose technical proposals have been deemed acceptable will be publicly opened. The total cost offered by each firm will be tabulated and become a matter of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor's pricing position. At their sole option, the evaluators may request oral presentations or discussions with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification —and often do not; therefore, all proposals must be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed section 3.4 EVALUATION CRITERIA, below. Vendors are cautioned that this is a request for proposals, not a request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the State, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. Ver: 10/23/18 Page 18 of 41 Proposal Number: 16-007875 3.4 EVALUATION CRITERIA Vendor: Michael Baker Engineering, Inc. All qualified proposals will be evaluated and award made based on considering the following criteria, to result in an award most advantageous to the State_ A proposal may be rejected during any phase of review if the PRC determines that the proposal has not provided the requested information in the specified format, has determined that the firm is not qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation indicated in the proposal. Each proposal will be reviewed and assigned a proposal rating prior to opening any cost proposal. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the offeror and its staff, and cost. Specific evaluation criteria are listed below. Technical a) Technical Proposals will be reviewed for length, format requirements and qualifications of firm and project approach by the Contract Administrator and Purchasing Agent. Only vendors who meet these initial qualifications will move forward. b) Upon completion of the initial review, a field review and evaluation of the proposed site will be conducted by the PRC. c) Each Vendor will be scored based on the Technical Scoresheet. Price a) Sealed cost proposals for all proposals still under consideration will be opened and tabulated. b) The adjusted credit cost is a combined technical and cost measure, and used for ranking sites. This is a best value determination by NCDMS after evaluating all factors in the technical proposal and then evaluating the cost proposal. The adjusted credit cost will be calculated and determined using the following formula: Credit Cost _ Proposal Rating (Technical Score) Each site will be ranked by the lowest adjusted credit cost. 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State's information and intellectual property e) Availability of pertinent skills f) Ability to understand the State's business requirements and internal operational culture g) Particular risk factors such as the security of the State's information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as "shall," "must," and "requirements" are intended to create enforceable contract conditions. In determining whether proposals should be Ver: 10123/18 Page 19 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department's needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. if a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.5, 4.1 CONTRACT TERM The Contract shall have maximum term of up to ten (10) years, beginning on the date of contract award (the "Effective Date"). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. 4.2 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT A: PRICING FORM and include in Proposal 4.3 DOWNWARD PAYMENT ADJUSTMENTS Payment by the Department will be based on the number of credits the vendor is able to provide at the credit price first established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal. In order to ensure that the Department does not overpay at the end of the process, periodic adjustments may be made so that the final total payment equals the final number of mitigation credits, as determined by the IRT, delivered by the vendor multiplied by the original per credit price. Payment adjustments may be made after the initial contract is executed based on the number of mitigation credits the project is anticipated to provide as documented after contract execution, including but not limited to: completion of the mitigation plan; site restoration (earthwork/planting), completion of the baseline monitoring document; the post construction monitoring period, and/or after final determination of mitigation credits by the IRT. 4.4 INVOICES a) Invoices are to be submitted to the NCDMS after its approval of each individual task/deliverable. b) The Vendor must follow the NCDMS Invoice Guidelines dated March 1, 2014. c) Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. d) Invoices must bear the correct contract number to ensure prompt payment. The Vendor's failure to include the correct contract number may cause delay in payment. e) Invoices must be submitted to the following address: NC Department of Environmental Quality Division of Mitigation Services Attn: Debby Davis 1652 Mail Service Center Raleigh, NC 27699-1652. Ver: 10/23/18 Page 20 of 41 Proposal Number: 16-007875 Vendor., Michael Baker Engineering, Inc. 4.5 PAYMENT TERMS a) The Vendor will be compensated at the rates quoted in the Vendor's Cost Proposal (as per the Payment Schedule provided in Section 5.4). b) The Vendor will be paid net thirty (30) calendar days after the Vendor's invoice is approved by the State 4.6 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.7 FINANCIAL ASSURANCE The vendor must provide financial assurance in one of the following forms: 1) Performance Bonding — The vendor must provide security in the form of an acceptable performance bond as described in the following paragraph to guarantee delivery of the maximum number of originally contracted credits. The performance bond must be obtained from a company licensed in North Carolina as shown in the Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a surety may not exceed the "underwriting limitation" for the surety as identified in the Federal Treasury Listing. Although this RFP is a request for mitigation and not construction, the performance bond shall follow the prescribed wording provided in N.C.G.S. § 44A-33. The performance bond must be for 55% of the total value of the contract and must be in effect and submitted with the Task 3 deliverable before DMS will authorize payment for that deliverable. The bond must remain in effect until the vendor has received written notification from the DMS that the requirements of Task 6 (submittal of baseline monitoring report) have been met (the financial assurance document must indicate that it is in effect through approval of task 6 and must include the NCDEQ contract number). After the successful completion of Task 6, the bond can be retired. 2) Letters of Credit- LOCs must be drawn from a reputable bank identified by the FDIC as "Well Capitalized" or "Adequately Capitalized" and follow the submittal timing, contract amounts and schedules for reduction as those described above for the performance bonds_ Evergreen or irrevocable LOCs shall be required to provide a 120-day notice of cancellation, termination or non -renewal. 3) Casualty Insurance on underlying performance of credits of mitigation, must follow the same submittal timing, contract amounts and reduction schedules as those described above in performance bonds. The insurance must contain the following information: a. The "NCDEQ DMS," the contract number and the Insured Property must be named in the insurance document. NCDEQ shall have the sole right to place a claim against the policy, Casualty Insurance can be written effective for one year, but notice from the Vendor, stating that it is currently in the process of replacing the current policy, must be submitted to NCDMS at least one month before policy expiration date. 4.8 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.9 REFERENCES The State reserves the right to request and verify references. Upon request, references must be submitted within three (3) business days. Failure to provide references will cause your proposal to be rejected. Ver: 1 M3118 Page 21 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. 4.10 BACKGROUND CHECKS Vendor and its personnel are required to provide or undergo background checks at Vendor's expense prior to beginning work with the State. As part of Vendor background the details below must be provided to the State: a) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is aware of none; b) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term "regulatory sanctions" includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; Vendor's responses to these requests shall be considered to be continuing representations, and Vendor's failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this contract. 4.11 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor's recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.12 VENDOR'S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. "Professional manner" means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by the State. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor's obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any Services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor's proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub -task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Ver. 10/23/18 Page 22 of 41 Proposal Number: 16-007875 5.0 SCOPE OF WORK Vendor.' Michael Baker Engineering, Inc. 5.1 GENERAL The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. 5.2 OBJECTIVES The Department desires to acquire Mitigation Credits quantified in the table below and occurring within the service areas for Cataloging Unit 03050101 of the Catawba River Basin (which can be found on the DMS website at the following Zink: https:lldeq.n_q._gov/about/divisions/mitigation-services/dms-vendorsirtp-forms-templates). RIVER BASIN CATALOGING UNITS Catawba 03050101 Credits Shall Meet a Mitigation Thermal Credits Shall Not Minimum Restoration Type Requested Credits Regime Exceed Preservation Percentage of Total Percentage Credits Offered Stream 10,000 Warm 10 % of total CREDITS nla Riparian Wetland OPTION nla nla Non -Riparian Wetland nla nla nla Riparian Buffer nla n/a nla DMS is not seeking Riparian Wetland credits at this time. On the Cost Proposal form (Attachment A), there is a line for an optional riparian wetland credit cost. If DMS has a riparian wetland credit need during the contracted project lifetime, an amendment can be made to the contract payable to the contracted vendor for the amount per credit delivered (and accepted by the IRT) as indicated by the optional cost. Vendors must provide an optional cost for Riparian Wetland credits if they wish DMS to purchase these credits from the vendor. General Mitigation Information Stream Mitigation: The definitions of stream restoration, enhancement levels I and II, and preservation are defined in the Stream Mitigation Guidelines (U.S. Army Corps of Engineers, Wilmington District, April, 2003) available on their website. For the purposes of this RFP (the technical proposal, and any contract(s) that may result from this RFP), all mitigation must be consistent with 2003 USACE Stream Mitigation Guidelines and the Wilmington District Stream and Wetland Compensatory Mitigation Update (NCIRT-October24, 2016). Wetland Mitigation: Information, including soil boring logs prepared by a Licensed Soil Scientist (LSS), must be provided in the technical proposal to demonstrate that areas proposed for restoration consist predominantly of hydric soils, and: 1. Are not currently jurisdictional wetlands as defined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and USACE regional supplements, and that are devoid of the proper community type of vegetation (Wetland Re-establishment). 2. Are degraded (poorly functioning) jurisdictional wetlands that have been drained or otherwise manipulated resulting in a significant loss of wetland function (Wetland Rehabilitation). Wetland Rehabilitation should restore most, if not all natural and/or historic functions to a degraded wetland. 3. Are degraded (poorly to moderately functioning) jurisdictional wetlands that have been manipulated resulting in a loss of wetland function (Wetland Enhancement) — Wetland Enhancement results in the gain of selected wetland function(s), but may also lead to a decline in other aquatic resource function(s). Ver. 10/23/18 Page 23 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. 5.3 TASKS Task deliverables must meet the latest required report templates described in Section 2.10. Deliverable quantity, format, and method of delivery are provided in Attachment H. The Vendor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement for financial assurance (See FINANCIAL ASSURANCE section) prior to completion of Task 2. Task 9 Environmental and Project Screening: 1. Conduct an on -site meeting with the IRT and DMS to discuss proposed mitigation plan and obtain concurrence on planned work and crediting. Document and distribute site visit through notes and receive approval via communication from IRT (e-mail or letter). 2. Follow procedure from most recent DMS and FHWA `Environmental Screening and Documentation Guidelines for DMS Projects' for compliance with environmental laws and regulations. This screening tool and associated documentation must be reviewed and approved by DMS and FHWA to meet categorical exclusion requirements and demonstrate project will not have a significant environmental impact. 3. if applicable, provide a signed and dated DMS Full Delivery Landowner Authorization form prior to post - contract site visit in accordance with USACE requirements. 4. If applicable, satisfy the public notification process in accordance with USACE requirements. Task 2 Property: Ste One: Prelimina Process and Review The Vendor shall provide the following task deliverables associated with the conservation easement(s): Draft Conservation Easement • Use the latest conservation easement template found on the DMS website • The Vendor shall convey to the State of North Carolina the rights to all mitigation, including but not limited to, stream, wetlands, riparian buffer, and nutrient offset mitigation credits derived from each site and within the area of the conservation easement_ • The easement boundary must mimic the boundary provided within the technical proposal within reason. Any variations must be communicated to the DMS Project Manager. The Vendor must provide a copy of the conservation easement to the landowner, and be aware of tax implications such as NC General Statute 105-277.4 which addresses county agricultural deferred taxes that may be incurred at closing. 2. Preliminary Survey Plat • All surveys shall meet the Standards of Practice for Land Surveying in North Carolina as described in Title 21, Chapter 56, of the North Carolina Administrative Code. As such, surveys and digital files shall be tied to the North Carolina State Plane Coordinate System NAD83 (NSRS2007). • The survey title block shall read, "Conservation Easement Survey for the State of North Carolina, Division of Mitigation Services." The title block shall also contain the project name, SPO number, DMS Project number, name of the owner, location, date surveyed, scale of the drawing, name, address, registration number and seal of the surveyor, • A table of coordinates (northing and easting) for all property corners, numbered consecutively, must be included on the plat. If multiple parcels comprise a single project, assign a unique number for each property comer within the project. • A text metes and bounds must be provided for recordation with the conservation easement. • The Vendor shall show the following that exist within 100 feet of the easement boundary: roads or trails, property corners, nearby easements, dwellings, roadways, streams and creeks, manholes, poles, and right-of-ways. • The landowner(s) or his/her legal representative must sign the recorded plat. • Access to the easement area must be shown, with location and width depicted by a dotted line and note on the recorded plat. Ver. 10/23/18 Page 24 of 41 Proposal Number: 16-007875 Vendor.- Michael Baker Engineering, Inc. 3. Draft attorney's report on title based on a 30-year title search with all supporting deeds and documentation Each conservation easement conveyed must have good, marketable title free of liens and encumbrances_ 4, Title attorney's "Schedule A" with any documents describing possible exceptions to title and exhibits. Step Two: Approval for Closing 1.SPO and DIMS will review and issue written approval to record after documents meet requirements. 2. The Vendor shall record the final approved easement and plat and obtain all necessary approvals from the County Review Officer. Step Three: Task 2 Payment The Vendor will complete the six (6) listed deliverables. 1. Recorded Conservation Easement 2. Recorded Survey Plat 3. Final attorneys report on title based on 30-year search with deeds and documentation. 4 Original title insurance policy shall be forwarded to SPO immediately upon availability 5. Provide the name, address, phone number, and e-mail address (if available) of each grantor (via electronic communication) to SPO and DMS. 6. Install survey monumentation and conduct boundary marking with the following specifications in accordance with NCBELS: The Vendor shall set 5/8" rebar 30" in length with 3-1/4" aluminum caps on all easement corners. Caps shall meet DMS specifications (Berntsen RBD5325, imprinted with NC State Logo # B9087 or equivalent). After installation, caps shall be stamped with the corresponding number from the tableof coordinates on the survey. The Vendor shall place a 6-foot tall durable witness post at each corner in the conservation easement boundary. Posts shall be made of material that will last a minimum of 20 years. The Vendor shall attach a conservation easement sign to each witness post and place additional signs at no more than 200-foot intervals on long boundary lines. When applicable, the Vendor can mark existing trees (>3dbh) with conservation easement signs and/or blaze property lines at approximate eye level in lieu of line posts. Where applicable, established fence posts can be used for placement of signage. ALLOWANCES: 1. The vendor may elect to install boundary marking during Task 6 preparation. No payment for Task 6 will be approved prior to installation. 2. The original title insurance policy(ies) must be received prior to payment for the Task 6 deliverable. TASK 3 Develop a site -specific Draft mitigation plan, as appropriate for each site and submit it to the DMS for review, comment, and approval. Submit a Final Draft mitigation plan for IRT review. Submit a Final mitigation plan with PCNs for permitting. FINANCIAL ASSURANCE is also due as part of this deliverable. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. TASK 4 Secure any necessary permits and/or certifications (i.e. Erosion and Sedimentation Control permit, etc.). Submit applicable permits, certifications, etc. to ❑MS prior to implementation of the earthwork portion of the mitigation project. Upon completion of earthwork, notify DMS in writing of completion date. TASK 5 Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six months before vegetation monitoring activities are conducted at the end of the growing season. Upon completion of planting and installation of monitoring devices/plots, notify DMS in writing of completion date. Ver: 10/23/18 Page 25 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. TASK 6 Prepare the baseline monitoring document and as -built drawings. The as -built drawings (final record of project construction) should be submitted with the following criteria: a. Pre -Construction Plan design b. As -built survey (on same sheets as Pre -Construction Plan design) C. Must bear Professional Land Surveyor (PLS) seal and/or Professional Engineer (PE) seal where applicable d. Annotation and corrections of the Pre -Construction Plan design Deliverables will not be approved without strict adherence to the current version of the DMS digital drawing guidance. TASKS 7-13 Monitor the mitigation site as stipulated in the mitigation plan and baseline monitoring report to assess the success of the restored site for a period of at least seven (7) years. Each annual monitoring report must be submitted to the DMS by December 1st of the year during which the monitoring was conducted. The 71h year monitoring report (or final year in cases where monitoring has been extended beyond 7 years) must include a closeout report that provides an assessment of the monitoring data collected from the entire monitoring period. The Vendor must attend preparation closeout meetings, and present the final project to the IRT in closeout office/onsite meetings. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE Project Milestones and Payment Schedule Task Project Milestone Payment" (% of Contract Value") 1 Requiatory Site Visit & Environmental Screening 5 2 Submit Recorded Conservation Easement on the Site 20 3 Mitigation Plan Final Draft and Financial Assurance 15 4 Mitigation Site Earthwork completed 15 5 Mitigation Site Planting and Installation of Monitoring Devices 10 6 Baseline Monitoring Report (including As -Built Drawings)' 10 7 Submit Monitoring Report #1 to DMS (meets success criteria*' 5 8 Submit Monitoring Report #2 to DMS (meets success criteria*)' 2 9 Submit Monitoring Report #3 to DMS(meets success criteria*)' 2 10 Submit Monitoring Report #4 to DMS (meets success criteria*)' 2 11 Submit Monitoring Report #5 to DMS (meets success criteria*)' 2 12 Submit Monitoring Report #6 to DMS meets success criteria*)' 2 13 Submit Monitoring Report #7 to DMS and complete project Close- Out process meets success criteria*)' 10 TOTAL 100 'Vendor is only eligible for payment after DMS has approved the task/deliverable. *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task may be made if a suitable contingency plan is submitted to and accepted by the DMS. 1 For any year, beginning with delivery of Task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be made following IRT yearly release of the credits. Ver: 10/23/18 Page 26 of 41 Proposal Number: 16-007875 Vendor.' Michael Baker Engineering, Inc. 5.5 ACCEPTANCE OF WORK In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to the State a project manager. The project manager shall be the State's point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. Vendor must complete a copy of ATTACHMENT G: Additional Vendor Information and return with bid. 6.2 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the State's Contract Lead for resolution. A claim by the State shall be submitted in writing to the Vendor's Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute 6.3 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. 6.4 CONTRACT ADMINISTRATOR Kristie Corson is designated as the contract administrator for the Department for the purposes of this RFP. Ver: 10123M 8 Page 27 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. ATTACHMENT A: PRICING RFP #: 16-007875 RFP TITLE: Full Delivery Projects to provide Stream Mitigation Credits within the Cataloging Emit 03050101 of the Catawba River Basin as described in the Scope of Work A Separate Sealed Cost Proposal Is Required For Each Proposed Site And For Each Option Proposed For A Site. Vendor must list on the front of each sealed cost proposal envelope, the Site Name/Location and Option Number (if Applicable) Must be Indicated All costs related to the mitigation offered must be included in this SEALED COST PROPOSAL. No additional charges for travel, per diem, or cost of any services will be allowed. Cost will be a major factor in the selection of proposals. ALL Sealed Cost Proposals will be compared to mitigation cost data maintained by the NCDMS. SITE NAME (See Separate Sealed Envelope with Cost Proposal) OPTION PROPOSED COST TOTAL CREDITS COST ($1CREDIT) AL COSTS GRAND TOTAL: NIA Optional Riparian Wetland Credit Cost ($/Credit) NIA Printed Name of Authorized Representative NIA Company Name (Printed) STREAM NIA Signature of Authorized Representative NIA Date Ver: 10/23/18 Page 28 of 41 Proposal Number: 16-007875 Vendor.- Michael Baker Engineering, Inc. 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. 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: 10/23/18 Page 29 of 41 Proposal Number; 16-007875 Vendor: Michael Baker Engineering, Inc. 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 inifio. 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.iDs.state.nc.ustips . All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. Ver, 10/23/18 Page 30 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. 16. MISCELLANEOUS: Any gender -specific pronouns used herein, whether masculine or feminine, shall be read and 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), httpsYlwww.ips.state.nc.us/ips/BidNumberSearch.asox. 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: http:/Incadmin.nc.aov/about-doa/divisions/purchase- contract. 20. WITHDRAWAL OF PROPOSAL: 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: 10123/18 Page 31 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. 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 functional ities, 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: 10/23/18 Page 32 of 41 Proposal Number: 16-007875 Vendor.- Michael Baker Engineering, Inc. 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. S. 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. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities and concerning the treatment of all employees without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State law. 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; h 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 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 Ver: 10/23/18 Page 33 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. 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. 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. 1.43-49(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 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 Ver: 1 D123118 Page 34 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc, 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 &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 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 Ver, 10123/18 Page 35 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. 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. 143E-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 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. Ver: 1012118 Page 36 of 41 Proposal Number: 16-007875 Vendor. Michael Baker Engineering, Inc. 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: 10/23/18 Page 37 of 41 Proposal Number: 16-007875 Vendor.- Michael Baker Engineering, Inc. ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? ❑ YES ® NO If the Vendor answered "YES" above, Vendor must complete items 1 and 2 below: 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) Identiait U.S. locations at whim performance will occur: Cary, Asheville, Greensboro and Charlotte, NC, US Ver: 10/23/18 Page 38 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor. Michael Baker Engineering, Inc. The undersigned hereby certifies that: [check all applicable boxes] ® The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: December 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: Signature -71 It, ?(--)f Date Dwain G. Hathaway, PE Vice President 1 Office Executive Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver: 10/23/18 Page 39 of 41 Proposal Number: 16-007875 Vendor: Michael Baker Engineering, Inc. ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBS) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 14313-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non- profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP. Any questions concerning NC HUB certification, contact the North Carolina Office of Historical) Underutilized Businesses at (919) 807-2330. The Vendor shall respond to question #1 and #2 below. a) Is Vendor a Historically Underutilized Business? ❑ Yes ® No b) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes ® No If so, state HUB classification: Ver: 10/23/18 Page 40 of 41 Proposal Number: 16-007875 Vendor Michael Baker Engineering, Inc. ATTACHMENT G: VENDOR'S INFORMATION Vendors Primary Contact (or Project Manager) Name: Kathleen (Katie) McKeithan, PE, CPESC, CPSWQ, CFM Agency: Michael Baker Engineering, Inc. Title: Ecosystem Restoration Manager Address: 8000 Regency Parkway, Suite 600 City: Cary State/ Zip: NC 27518 Telephone: 919-481-5703 Fax: 919-463-5490 Email: katie. mckeithanmbakerintl.com Vendors Execution Address (Where the contract should be mailed forsignature) Name: Dwain G. Hathaway, PE Agency: Michael Baker Engineering, Inc. Title: North Carolina Office Executive/Vice President Address: 8000 Regency Parkway, Suite 600 City: Cary State/ Zip: NC 27518 Telephone: 919481-5702 Fax: 919-463-5490 Email: DHathaway@mbakerintl.com Vendors Payment (Remit To) Address (Where the checks should be mailed (This address should agree with the "Remit -To" address associated with the Vendor's Tax ID. Thls information must be verified with the Vendor's Corporate Accounting Office) Name: Michael Baker Engineering, Inc. Agency: ATTN: Michele Gow Title: Address: PO Box 360451 City: Pittsburgh State/ Zip: PA 15251-6541 Telephone: 724-495-4059 Fax: Email: Meow@mbakerinti.com Ver; 10/23/18 Page 41 of 41 � C C m Z E ,Qi a g a •' � a 5 a° a o m m o ic C> O q a' ° Z p n 'sp n= J .3 v .G Y 3 E a9 3 $ °�' o ❑` ? ov nv 6 r, O x x a E u° Y _ � x LL LL 0 2 ❑ t 'q❑S Q d x a c Yz o cIE x N Y G d x x ❑ 4y a 4 Q z x 0. ° S 2 � 0 _° ❑" m � a a � $ � - o` ❑` - - - - aa. 3 0`$ ,�S �d o`er �°x� $� - � � m � n ROY COOPER Governor MICHAEL S. REGAN Secretory TIM BAUMGARTNER Virector NORTH CAROLINA Environmental Quality June 3, 2019 THIS ADDENDUM DOES NOT HAVE TO BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-007875 RFP TITLE: FULL DELIVERY PROJECTS TO PROVIDE STREAM MITIGATION CREDITS WITHIN THE CATALOGING UNIT 03050101 OF THE CATAWBA RIVER BASIN AS DESCRIBED IN THE SCOPE OF WORK ADDENDUM NO. 1 USING AGENCY: DIVISION OF MITIGATION SERVICES PURCHASER MARJORIE OPENING BARBER DATElTIME: August 13, 2019 @ 2:00 P.M. This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the original RFP and the additional information provided in this addendum notice. SECTION 1: Response to vendor _questions_ Questions and Answers: Question #t: Section 5.2 pg. 23, Could you share where exactly the impacts are occurring for this RFP? Are you able to share any GIS polygon files illustrating these impacts? Answer: DMS mitigates for impacts within the cataloging unit. Details regarding impact locations are not available through the RFP process. BIDDER: Michael Baker Engineering, Inc. ADDRESS (CITY & STATE): 8000 AUTHORIZED SIGNATU Suite 600, Cary, NC 27518 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. NT�r D^E 6� oewmmm� a uwm�.M,� w.uh� July 16, 2019 North Carolina Department of Errvironmental Quality I Division of Mitigation Services 217 W.]ones Street 11652 Mail Service Center I Raleigh North Carolina 27699-1652 919.707.8976 Parts 1-5 4p SO Ar At, Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 V Part 1. Executive Summary This Executive Summary outlines the proposed Big Branch Mitigation Pro presented by Michael Baker Engineering, Inc. (Michael Baker). The project v provide stream mitigation credits in the Catawba River Basin (Cataloging Unit 03050101) in response to RFP 16-007875. The project is located outside the town of Stony Point in Alexander County. The project will involve the potential restoration and enhancement of the- i4 mainstem of Big Branch as well as 4 unnamed tributaries (UTs), consisting y of 10 different stream reaches, totaling approximately 12,630 LF of existing�� stream. This project will potentially include Big Branch (the mainstem or MS), UT1, UT1A, UT113, UT2, UT2A, UT3, UT3A, UT313, and UT4. Best Management Practices (BMPs) will also be installed below the Smith pond and on an eroding gully flowing into UT1. In addition, degraded riparian wetlands will be restored or enhanced through implementing Priority Level 1 "` F ly restoration, excluding livestock, and through revegetation of the riparian buffer. This broad, balanced approach is critical as it addresses all intermittent and perennial stream reaches that are impacted by livestock grazing on the project property, including restoring riparian buffers along all of the project stream reaches currently without adequate buffers and , restoring non-functioning historical riparian wetlands. Thus, the project provides the maximum functional uplift utilizing a watershed approach. The existing stream reaches have been significantly impacted by unrestricted livestock access and removal of riparian buffers. The project stream reaches primarily have cleared banks with some scattered small trees, mixed with scattered stands of invasive species (mostly in non -grazed areas). The project stream reaches are unstable, incised and exhibit active bank erosion from both high flows and livestock access. All the project reaches lack adequate, quality riparian buffers. Currently, the project reaches act as significant sources of sediment and nutrient contamination to Big Branch, and to some degree the downstream waters including: Elk Shoals Creek, Catawba River and Lookout Shoals Lake, a drinking water source for several nearby municipalities. The following is a brief description of the proposed treatments of all the stream reaches on the project site. The approaches begin with the most aggressive to the most conservative. The technical options vary in lengths presented and approach type (Restoration, Enhancement I and/or Enhancement II). Although not thoroughly discussed in the proposal, there is ample opportunity on the site to address wetland mitigation credits and an option to pursue has been provided. Wetlands, with hydric soils noted during field investigations, will be restored or enhanced. Restoration would be accomplished through implementing a Priority 1 restoration approach, which will raise the streambed elevation, increasing groundwater levels in the adjacent soils. Wetland enhancement will be accomplished by re-establishing a native riparian wetland vegetation community, and permanently protecting both soil structure and vegetation. Although wetland functions may be restored and enhanced in various areas throughout the proposed conservation easement, no wetland credit is being requested, only provided as an option. As such, a detailed hydric soils report or wetland delineation is not included. Livestock will be permanently excluded from all project areas. Buffers in excess of 50 feet will be established along all proposed reaches. In addition, existing functional wetlands will be incorporated inside the conservation easement to protect them in perpetuity. A BMP in the form of a constructed wet pond will be installed below the Smith pond within the conservation easement. The BMP will help to remove pollutants from runoff prior to it entering the mainstem of Big Branch, and will improve the oxygenation of the water as well. Livestock will be excluded from this BMP, removing a direct source of nutrients and sediment. A second BMP will be installed at a gully on the left bank of UT1, which is eroding and contributing sediment -laden flow during storm events. All stream work will be protected by a permanent conservation easement. Detailed narratives of the proposed practices are provided in Part 4. Our proposed mitigation approach is summarized in the table below, and specific design approaches and details are described in more narrative detail in the Technical Approach. Options are shown on Figure 13A—C. IXTERHATI0HA! Page Big Branch Mitigation Project CATAWBA RIVER BASI N 1 RFP #16-007875 / CU # 03050101 Fgation Summary Stream Restoration, All (MS, UT1, UT1A, UT113, UT2, 11,691 Enhancement I and Enhancement UT2A, UT3, UT3A, UT313, and UT4) 10,000 The Option A approach includes the treatment of all stream reaches at the project site impacted by livestock. Option A is the most aggressive restoration approach with the most Restoration and Enhancement I practices proposed. This option tends towards a slightly heavier construction approach to treat the highly eroding streambanks and streambeds. Treatment of the mainstem, UT1, UT2, UT3, and UT4 will primarily involve Priority Level I Restoration practices with Priority Level II transitioning from upstream and downstream reaches to tie into existing conditions. The appropriate bankfull geometry will be restored, stream pattern will be adjusted to the appropriate geometry and the streambed will be raised to provide the stream access to its floodplain. In -stream structures will be installed to provide grade control, protect streambanks, and encourage bedform diversity. Agricultural BMPs will be implemented across the farms with all the options. Wells, waterers, fencing, and stable farm crossings will be implemented on both farms to provide livestock exclusion from the stream channel as well as a clean water source and stone pad area for the livestock to water. A BMP is proposed to provide improved buffering from barren fields along UT1 through the utilization of wood chips along the outer edge of the buffer. An agricultural BMP will also be constructed within the conservation easement below the Smith pond. This BMP will help to remove fecal coliform and nutrients through detention, plant uptake and microbial activity. Livestock will be excluded from the BMP to prevent direct pollutant inputs and degradation by hoof shear. n A does offer the potential for WMU should NCDMS choose to pursue. Stream Restoration, Enhancement I and All (MS, UT1, UT1A, UT113, UT2, 10,958 10,000 Enhancement II UT2A, UT3, UT3A, UT313, and UT4) 7 The Option B approach also includes the treatment of all stream reaches at the project site that are impacted by livestock. Option B is a more conservative restoration approach with restoration comprising the majority of the work, followed by Enhancement I and then Enhancement II activities. This option provides the restoration needed to treat highly eroding streambanks and streambeds while making a slight shift towards more Enhancement I and II work. Option B moves a few of the headwaters to an Enhancement II approach (UT1 A and UT113), moves the upper UT1 from Restoration to Enhancement I, reduces length of UT2A, breaks part of UT313 into Enhancement I, and moves UT4 Restoration to Enhancement I. Treatment of the mainstem, UT1, UT2, UT3, and UT4 will primarily involve Priority Level I Restoration practices with Priority Level II transitioning from upstream and downstream reaches to tie into existing conditions. The appropriate bankfull geometry will be restored, stream pattern will be adjusted to the appropriate geometry and the streambed will be raised to provide the stream access to its floodplain. In -stream structures will be installed to provide grade control, protect streambanks, and encourage bedform diversity. Agricultural BMPs will be implemented across the farms with all the options. Wells, waterers, fencing, and stable farm crossings will be implemented on both farms to provide livestock exclusion from the stream channel as well as a clean water source and stone pad area for the livestock to water. A BMP is proposed to provide improved buffering from barren fields along UT1 through the utilization of wood chips along the outer edge of the buffer. An agricultural BMP will also be constructed within the conservation easement below the Smith pond. This BMP will help to remove fecal coliform and nutrients through detention, plant uptake and microbial activity. Livestock will be excluded from the BMP to prevent direct pollutant inputs and degradation by hoof shear. Option B does offer the potential for WMU should NCDMS choose to pursue. IXTERHATI0HA! Page Big Branch Mitigation Project CATAWBA RIVER BASI N 1 RFP #16-007875 / CU # 03050101 Stream Restoration, Enhancement I and All (MS, UT1, UT1A, UT113, UT2, 9,676 9,100 Enhancement 11 UT2A, UT3, UT3A, UT313, and UT4) The Option C approach also includes the treatment of all stream reaches at the project site that are impacted by livestock. Option C is the most conservative approach presented. This option provides the restoration needed to treat highly eroding streambanks and streambeds while making a significant shift towards more Enhancement I and II activities. Restoration is only proposed on portions of the mainstem and all of UT2. Enhancement I is proposed on (all or portions of) the mainstem, UT1, UT3, UT3A, UT313, and UT4. Enhancement II is proposed on UT1A, UT113, UT2A, UT3, and portions of UT313 and UT4. In -stream structures will be installed to provide grade control, protect streambanks, and encourage bedform diversity. Agricultural BMPs will be implemented across the farms with all the options. Wells, waterers, fencing, and stable farm crossings will be implemented on both farms to provide livestock exclusion from the stream channel as well as a clean water source and stone pad area for the livestock to water. A BMP is proposed to provide improved buffering from barren fields along UT1 through the utilization of wood chips along the outer edge of the buffer. An agricultural BMP will also be constructed within the conservation easement below the Smith pond. This BMP will help to remove fecal coliform and nutrients through detention, plant uptake and microbial activity. Livestock will be excluded from the BMP to prevent direct pollutant inputs and degradation by hoof shear. Option C does offer the potential for WMU should NCDMS choose to pursue. Mitigation Credit Summary Project Mitigation Summary Table IXTERHATI0HA! Page Big Branch Mitigation Project F7 CATAWBA RIVER BASIN / RFP#16-067875 / CU #03D5D101 Project Reach Summary Table Watershed watershedqFS'tream Statulj�Kxisting Channel Type ProposedProject Reach Drainage .. •.(Rosgen Drainage Area Designation Area (acres) (sq. miles) Field Analyses Type' Classification) Classification) MS 2,036 3.18 Perennial R, El F/G/B C UT1 46 0.07 Perennial R, El G BIC UT1A 9.4 0.01 Perennial El, Ell G4 B UT113 17 0.03 Perennial El, Ell G4 B UT2 43 0.07 Perennial R G BIC UT2A 3.3 0.01 Intermittent Ell G4 B UT3 156 0.24 Perennial R, El, Ell G C UT3A 78 0.12 Perennial R, El F C UT3B 59 0.09 Perennial R, El, Ell F C UT4 35 0.05 Perennial* R, El, Ell G BIC Project Total NCDMS Rating Form Scores3 Option A = 110 (Total Points) and 1.10 (Proposal Rating), Option B = 107 (Total Points) and 1.07 (Proposal Rating), and Option C = 105 (Total Points) and 1.05 (Proposal Rating), Note 1: Watershed drainage area is estimated based on topographic and LIDAR information at the downstream end of each reach. Note 2: R= Restoration, EI=Level I Enhancement, E11=Level II Enhancement, P=Preservation. Note 3: Project Total NCDMS Rating Form Scores are the Total Points and Proposal Rating, respectively, as determined using the Technical Evaluation Scoresheet included in RFP 16-007875. Note 4: Stream types of these reaches are based on best professional judgment and quick field measurements. Surveyed cross sections were not conducted on these reaches. Note 5: The Rosgen stream classification system may not be appropriate for this reach due to its highly altered condition. * Due to severe impacts from historic channelization and cattle access, the stream geomorphology in this reach has been altered to such an extent that the stream form criteria rates this as an intermittent channel, though we strongly believe it is perennial. INTERNATIONAL Pages Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP#16-007875 / CU #03050101 Part 2. Corporate Background and Experience Michael Baker Engineering (Michael Baker) is one of the largest professional service Michael Baker firms, consistently ranked among the top 10% of US engineering practices by N T E R N A T 1 0 N A L Engineering News -Record. Michael Baker was founded in 1940 as a civil engineering and surveying firm. Today, with over 3,000 professional employees in the United States, Michael Baker successfully serves the buildings, civil, environmental, and transportation markets. The company is part of Michael Baker International, Inc. which provides high -end engineering, development, intelligence, and technology solutions with global reach and mobility. Michael Baker has demonstrated the ability to work with local, state and federal regulatory agencies in the permitting, design, construction, and monitoring of wetland, stream, and riparian buffer restoration projects. We have worked extensively on numerous full -delivery projects for the NCDMS and the North Carolina Department of Transportation (NCDOT). With nearly 150 North Carolina employees working full-time on projects, Michael Baker has the manpower and expertise to successfully carry out existing projects as well as secure and carry out new projects. Michael Baker operates in North Carolina as Michael Baker Engineering, Inc. and has environmental staff in Asheville, Cary, Greensboro, and Charlotte. Ability to Carry Out All Phases of Proposal: The Michael Baker Team has extensive experience in all aspects of full - delivery restoration work, having completed many projects for NCDMS, Clean Water Management Trust Fund, Resource Institute, NCDOT and entities such as The Nature Conservancy. Michael Baker has teamed with KBS Earthworks and Kee Mapping & Surveying whose staff both have a long history of cooperation with Michael Baker on successful full -delivery projects. Michael Baker understands the regulatory and financial constraints associated with full -delivery projects and has shown the ability to meet mitigation credit goals and project schedules. Specifically, Michael Baker has identified the proposed project site and secured the necessary landowner options. The Michael Baker Team will obtain the necessary easements, identify site constraints, and ensure site access. Michael Baker has unparalleled experience in stream and wetland restoration design, having completed hundreds of projects that translate into over 190 miles of stream restoration and over 3,000 acres of wetlands. Based on this experience, we are familiar with all documentation requirements necessary to proceed with these types of projects. Michael Baker will first obtain the necessary environmental approvals, coordinating with state and local officials to resolve any regulatory issues associated with the restoration efforts, and is experienced in developing Categorical Exclusions (CE) for mitigation projects. The Michael Baker Team will then create an appropriate restoration design and mitigation plan that maximizes the functional uplift of the site, and then oversee its implementation throughout the subsequent construction phase. KBS Earthworks has extensive experience in constructing restoration projects (directly for Michael Baker as a subcontractor to RiverWorks) and works extremely well with Michael Baker's design and construction inspection personnel. Finally, once construction has been completed, Michael Baker will utilize and follow the current NCDMS monitoring guidelines and templates to conduct the required monitoring activities and develop annual monitoring reports until obtaining closeout approval. Note: All paper contained within this proposal is printed double -sided and has a post -consumer recycled content of at least 30 percent. Michael Baker has met the page requirements of not exceeding 50 pages front to back and or (100 page limit). INTERNATIONAL Page Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Primary Sub -Contractor The primary sub -contractor to Michael Baker for this project is KBS Earthworks, Inc (KBS). KBS FIF_o �) offers clients a construction contractor with the specialized expertise to implement environmental restoration designs. The foremen and operators on the KBS team work primarily Earthworksinc. on environmental restoration projects, and as such, have a thorough understanding of construction sequencing, erosion and sedimentation control, water diversion, in -stream structure design, and vegetation requirements. KBS has extensive experience constructing stream and wetland restoration projects, including the re - vegetation of restoration sites. Below is a list of NCDMS projects Michael Baker and KBS have worked on together over the past several years. • Thomas Creek Restoration, New Hill, NC • Hitchcock Creek, Rockingham, NC • Brown Creek Tributaries, Troy, NC • UT to Cane Creek, Snow Camp, NC • St. Clair Creek, Bath, NC • UT to Mill Swamp, Richlands, NC • Puzzle Creek, Forest City, NC KBS also has extensive experience selecting and planting appropriate vegetative buffers using live stakes, bare roots, transplants, and containerized native plant species. KBS takes great care in selecting plant material and temporary and permanent seed mixtures specifically matched to the environment of the site. They provide on -site supervision during planting operations to ensure that plant materials are of suitable quality, and that the materials are planted appropriately according to each species' moisture tolerance, soil condition needs, and stage of growth. Kee Mapping & Surveying, PA (Kee) offers comprehensive professional land surveying and --Kee mapping services for North Carolina. Their main focus is providing clients with top quality = mapping and surveying solutions. Kee was founded in 2007, and specializes in GIS mapping, boundary, topographic, and conservation easement surveys for awide variety of projects. With an in-depth knowledge of local, state and federal requirements, Kee provides sound advice and accurate results in an efficient manner. Below is a list of restoration NCDMS projects that Michael Baker has worked with Kee on. • Browns Summit Creek, Browns Summit, NC • Upper Silver Creek, Burke County, NC • Thomas Creek, New Hill, NC • Brown Creek Tributaries, Anson County, NC • UT to Cane Creek, Alamance County, NC • UT to Magness Creek, Lawndale, NC • UT to Rush Fork, Haywood County, NC • UT to Town Creek, Stanly County, NC • Lochill Farm, Orange County, NC Project Manager Experience Scott King, PWS, LSS, our project manager, has a thorough understanding of the work that NCDMS requires, and practical, on -the -ground experience with the entire suite of services needed. Scott has extensive experience in the environmental field focused primarily on stream, wetland, and riparian buffer research, delineation, and restoration. His 17 years of experience include work on stream and wetland restorations, GIS analysis, wetland delineations, soil evaluations, stormwater BMP projects, riparian buffer research, environmental permitting, and remediation irojects from a variety of geographic settings in North Carolina and Virginia. As a manager, enjoys taking a project from initial land owner discussions all the way through post - construction monitoring and close out. Scott has served as project manager, professional wetland scientist and licensed soil scientist for numerous restoration and stormwater projects. Scott previously worked as a watershed planner at NCDMS, as a researcher in the Department of Soil Science at NC State University (NCSU), and as an environmental consultant specializing in wetlands issues. INTERNATIONAL Pagel UPPER SILVER CREEK STREAM AND WETLAND RESTORATION, NCDMS, BURKE COUNTY, NC. Michael Baker restored or enhanced 5,186 (LF) of perennial stream channel along Silver Creek, UT1, UT2, and UT3 and restored, enhanced or created approximately 9.14 acres of wetlands that had been previously disturbed in Burke County, NC. The streams and wetlands at this site had been disturbed by area gold mining operations, livestock, and channelization. Streams at this site were restored utilizing a Rosgen Priority Level 1 approach, raising the channel, so that flows greater than bankfull can access the floodplain. This approach included developing a meandering channel that had log and boulder structures installed to improve stability and channel habitat. The stream restoration approach also raised the groundwater level, thereby restoring wetland hydrology. Limited overburden was removed in wetland areas where upland soils had been deposited. Stream channel buffers and wetlands were seeded with native vegetation and trees were planted throughout the project easement area to develop a native forest habitat. Michael Baker conducted watershed analyses, performed existing condition and reference reach surveys, prepared a mitigation plan, prepared and submitted environmental permits, and provided construction oversight. Construction was completed December 2014, and the project is currently in monitoring year 5 of 5. Post -construction monitoring shows the project is functioning very well. Estimated Completion Date: 2020 Key Team Members: Scott King, Katie McKeithan, Dwain Hathaway, Micky Clemmons, Andrew Powers, Jason York, and Holland Youngman Michael Baker's Role: • Conservation easement acquisition • Stream and wetland restoration design • Construction, oversight & buffer reforestation • Monitoring and document preparation Project Value: Michael Baker's stream restoration and enhancement along with riparian and non -riparian wetland restoration and enhancement will yield 4,980 SMUs and 6.85 WMUs, which will support NCDMS's goal of restoring and protecting wetlands and waterways for future generations while offsetting unavoidable environmental damage from economic development. Michael Baker THOMAS CREEK RESTORATION, NCDMS, NEW HILL, NC. As part of a full -delivery project, Michael Baker restored 4,721 LF and enhanced 3,948 LF of perennial and intermittent tributaries to Thomas Creek, a significant tributary to the Harris Lake reservoir. The streams had been impaired from past agricultural conversion and .; cattle grazing. The project involved restoring or enhancing nine ` headwater tributaries with a combined drainage area of 246 acres. Rosgen Priority Level 1 and 2 Restoration design approaches were utilized to restore stream access to an active floodplain. Enhancement Levels I and II approaches were also used to stabilize streambanks and profile to prevent further degradation in the form of erosion and downcutting. In -stream structures were included as part of the design throughout the project to provide channel stability and improve aquatic habitat and fish passage. The restored riparian buffers adjacent to the streams are protected through a 23-acre permanent conservation �e; easement with fencing that excludes livestock. A total of 5,500 SMU will be created through enhancement and �a >, restoration. The project also includes seven years of annual monitoring J to document that the restoration and enhancement work are functioning as anticipated. Thomas Creek is currently in monitoring year - '- 5 and preforming as anticipated. Estimated Completion Date: 2022 Key Team Members: Scott King, Katie McKeithan, Dwain Hathaway, Andrew Powers, Richard Darling, and Jason York Michael Baker's Role: • Conservation easement acquisition • Stream restoration design • Buffer reforestation • As -built document preparation • Annual stream and wetland monitoring • Project closeout Project Value: Michael Baker's stream restoration and enhancement and riparian wetland restoration and creation will yield at least 5,500 SMUs, which will support NCDMS's goal of restoring and protecting streams for future generations while offsetting unavoidable environmental damage from economic development. Michael Baker are - UT TO CANE CREEK RESTORATION, NCDMS, ALAMANCE COUNTY, NC. As part of a full -delivery project, Michael Baker restored 3,314 LF and enhanced 2,911 LF of perennial and intermittent stream channel in southeast Alamance County. The streams had been degraded primarily by agricultural practices and associated cattle access. The project involved restoring and enhancing two headwater catchments (452 acres and 80 acres). Rosgen Priority Level I and II Restoration approaches were part of the design to restore access to an active floodplain. Enhancement activities were also employed to stabilize the streambanks and profile. In -stream structures were included in the design to provide stream stability and improve aquatic habitat and fisheries. The restored riparian buffers adjacent to the streams are protected through permanent conservation easement and fencing that excludes livestock. Construction was completed in 2014 and following monitoring activities have included services to control invasive vegetation and beaver activity within the conservation easement to ensure long-term site success. The site is currently in monitoring year 6 of 7 and on track to close out on time with the full recognition of all planned mitigation credits. Estimated Completion Date: 2022 Key Team Members: Scott King, Katie McKeithan, Dwain Hathaway, Micky Clemmons, Richard Darling, Andrew Powers, and Jason York Michael Baker's Role: • Conservation easement acquisition • Stream restoration design • Buffer reforestation • As -built document preparation • Annual stream and wetland monitoring • Project closeout Project Value: Michael Baker's stream restoration and enhancement will yield at least 4,594 SMUs, which will support the client's goal of providing in -lieu fee mitigation credits. Michael Baker LOCHILL FARM STREAM MITIGATION, NCDMS, ORANGE COUNTY, NC. Michael Baker provided environmental engineering services for the restoration, enhancement, and preservation of nine stream reaches, totaling approximately 5,500 LF of existing streams that are part of the Lochill Farm project drainage area. The project will provide stream mitigation credits in the Neuse River Basin, approximately 5 miles northeast of the Town of Hillsborough. The project involved the restoration, enhancement, or preservation of stream, wetland, and riparian buffer functions along Finches Branch and UT to Finches Branch. Finches Branch flows into Buckwater Creek, which is listed as a Water Supply Watershed (WS-IV) and Nutrient Sensitive Water. The confluence with Buckwater Creek is approximately % mile from the subject site, which subsequently flows about 2 miles into the Eno River and then into Falls Lake Reservoir in approximately 10 miles. The existing stream reaches and riparian wetlands have been significantly impacted by past and present use as a horse farm, historic logging activity, and agricultural use for both row -crops and pasture for cattle and sheep. Almost the entire length of the mainstem of Finches Branch has active streambank erosion, as do substantial portions of other reaches. Large portions of the project site lack adequate riparian buffers and are impacted by livestock intrusion. In addition to stream reach restoration, the degraded riparian wetlands were functionally improved utilizing a Priority Level 1 stream restoration approach, re -vegetating, and providing permanent animal exclusion. Construction completed in early 2019 and monitoring will proceed for seven years. The project is currently in monitoring year 1. Estimated Completion Date: 2026 Key Team Members: Scott King, Katie McKeithan, Dwain Hathaway, Micky Clemmons, and Andrew Powers Michael Baker's Role: • Conservation easement acquisition • Stream restoration design • Wetland restoration design • Buffer reforestation • As -built document preparation • Annual stream and wetland monitoring • Project closeout Project Value: Michael Baker's stream restoration, enhancement and preservation paired with buffer restoration and preservation will yield 4,113 SMUs and 176,511 buffer mitigation units, which will support the client's goal of increasing its credits for mitigation banking. Michael Baker BROWNS SUMMIT CREEK RESTORATION, NCDMS, GUILFORD COUNTY, NC. �r Michael Baker restored 3,846 LF of jurisdictional stream channel, enhanced 2,535 LF of stream along UT to the Haw River, restored 4.44 acres of wetland, and constructed two stormwater BMPs within the x ; conservation easement boundary. Due to extensive agricultural use (dairy and beef cattle operations . - �a •"� ' primarily), the streams and wetlands on the Browns Summit project had . , been severely degraded. The channels had been heavily manipulated, ,,. including the installation of multiple ponds within the channel's alignment. A Rosgen Priority Level 1 approach raised the channel such < : - that flows greater than bankfull are accessing the floodplain. The channel now meanders down the valley line over log and stone structures installed to improve stability and channel habitat. Raising the streambed and removing spoil berms along the floodplain, also raised the groundwater level and has restored wetland hydrology. - The streambanks, floodplain/buffers, and wetlands were seeded with native herbaceous vegetation and planted with native tree species to a 4 develop a native forest habitat. Michael Baker conducted watershed analyses, performed existing condition and reference reach surveys, prepared a mitigation plan, prepared and submitted environmental ' - - permits, and provided construction oversight and post -construction ' monitoring. Construction of the project was completed in 2017. The project is currently in monitoring year 3 of 7. Estimated Completion Date: 2024 s Key Team Members: Katie McKeithan, Scott King, Dwain Hathaway, "{� w Richard Darling, Terry Burhans, Andrew Powers, and Jason York - - Michael Baker's Role: • Conservation easement acquisition • Stream restoration design • Wetland restoration design • Stormwater BMPs ' • Buffer reforestation • As -built document preparation • Annual stream and wetland monitoring -,' • Project closeout ° Project Value: Michael Baker's stream restoration and enhancement and riparian wetland restoration and creation will yield khm at least 5,301 SMUs and 2.50 WMUs which will support the client's win w goal of environmental uplift of stream, wetland and buffer systems. Michael Baker UT TO TOWN CREEK RESTORATION, NCDMS, STANLY COUNTY, NC. As part of a NCDMS full -delivery project, Michael Baker restored approximately 5,554 LF and enhanced approximately 791 LF of perennial and intermittent stream channel in Stanly County. In addition, this project, restored and created 4.12 acres of riparian wetlands, enhanced 1.00 acre of riparian wetlands, and constructed two stormwater wetland BMPs upstream of the mitigation areas. Prior to construction, the project area streams and existing wetlands were severely degraded from active cattle access and agricultural practices, such as removal of the riparian buffer, channelization, draining riparian wetlands, and filling in the floodplain. The Project involved Rosgen Priority Level I and II Restoration approaches to restore access to an active floodplain. Enhancement Level I and II were also implemented to stabilize the streambanks and profile. In -stream structures were included to provide stream stability and improve habitat for fish and other aquatic species. The restored riparian buffers adjacent to the streams are protected through permanent fencing that excludes livestock. Michael Baker conducted watershed analyses, performed existing condition and reference reach surveys, prepared the designs and mitigation plan, permitted the project, and provided construction oversight and post -construction monitoring. Construction of the project was completed in the winter of 2015 and the project is currently in monitoring year 4 of 5. Estimated Completion Date: 2021 Key Team Members: Scott King, Katie McKeithan, Dwain Hathaway, Micky Clemmons, Andrew Powers, Jason York, and Holland Youngman Michael Baker's Role: • Conservation easement acquisition • Stream and wetland restoration design • Stormwater BMPs • Buffer reforestation • As -built document preparation • Annual stream and wetland monitoring • Project closeout y Y; `.W., Project Value: Michael Baker's stream restoration and enhancement and riparian wetland restoration and creation will yield at least 6,394 SMUs and 3.1 WMUs which will support the client's goal of increasing its credits for mitigation banking. Following three years of monitoring, the site has been fully documented and achieved complete credit release for year three. Michael Baker Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Multidisciplinary Project Approach: The goal of ecosystem restoration is to return the maximum amount of function possible to a degraded stream or wetland system, given land use and landform constraints. Michael Baker's Team of environmental scientists, geomorphologists, geologists, soil scientists, and surveyors lead the efforts to document the existing conditions of project sites, impairments, and constraints. Engineers, designers, soil scientists, and biologists then develop restoration designs that provide the maximum functional uplift within the site constraints. Planning personnel lead the efforts for CE tasks and permitting requirements, while hydrologists and hydraulic engineers prepare models and analyses to evaluate Federal Emergency Management Agency (FEMA) requirements, flooding conditions, and sediment transport. Several staff on the project organization chart have extensive experience with regulatory review, including project closeout. Construction specialists perform constructability reviews to ensure designs are practical and can be constructed efficiently. Construction experts, including foremen, equipment operators, laborers, and vegetation specialists, ensure that sound, innovative, and cost-effective construction is employed in a timely manner. These staff members can quickly adapt to various environmental and site conditions. After construction, surveyors/engineers and environmental scientists perform as -built and monitoring surveys to document project conditions during the monitoring period. This multidisciplinary approach to projects has been a primary factor in Michael Baker's successful track record with ecosystem restoration projects. Resumes of Key Personnel: INTERNATIONAL SCOTT KING, PWS, LSS, ENVIRONMENTAL SCIENTIST & PROJECT MANAGER Education: MS, 2006, Soil Science, NCSU; BS, 1996, Biology, The College of William of Mary Professional Registrations: Licensed Soil Scientist 1301, NC; Professional Wetland Scientist 1908 Continuing Education: Rosgen I, Rosgen II, Rosgen III; NCSU Stream Restoration Program River Course Workshops 101, 201, 401, 131, and 161; NCDWR's Intermittent and Perennial Stream Identification for Riparian Buffer Rules, Swamp - School: Developing Wetland Water Budgets, UNC-CH: Certificate in Native Plant Studies Dtt has a wide range of experience in the environmental field, specializing in water quality projects. He �ovides a broad array of environmental services including stream and wetland restorations, GIS analysis, etland delineations, soil evaluations, stormwater BMP projects, and environmental permitting. He has worked on most of Michael Baker's currently active stream restoration projects and is managing several NCDMS projects for Michael Baker, including Lochill Farm, UT to Cane Creek, and Thomas Creek. Scott previously worked as a watershed planner at NCDMS, as a researcher in the Department of Soil Science at NCSU, and as an environmental consultant specializing in wetlands issues. • Lochill Farm Stream Restoration, NCDMS, Orange County, NC. Project Manager • UT to Cane Creek Restoration, NCDMS, Alamance County, NC. Project Manager • Thomas Creek Stream Restoration, NCDMS, New Hill, NC. Project Manager • Brown Creek Tributaries Stream Restoration, NCDMS, Anson County, NC. Project Manager • UT to Town Creek Stream and Wetland Restoration, NCDMS, Stanly County, NC. Environmental Specialist • Browns Summit Creek Stream and Wetland Restoration, NCDMS, Browns Summit, NC. Environmental Scientist • Upper Silver Creek Stream and Wetland Restoration, NCDMS, Burke County, NC. Environmental Specialist INTERNATIONAL Page14 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CIU #03050101 KATHLEEN (KATIE) MCKEITHAN, PE, CPESC, CPSWQ, CFM, ECOSYSTEM RESTORATION GROUP MANAGER Education: BS, 1998, Biological Engineering, NCSU Professional Registrations: Professional Engineer, NC #028432; Certified Professional in Erosion and Sediment Control, 2546; Certified Professional Storm Water Quality, 135; Certified Floodplain Manager, NC, NC-10-0359; USDA NRCS TSP, #TSP-14-9852; NCDOT Level III: Designer of Erosion and Sediment Control Plans, #3121 Continuing Education: NCSU Forestry Identification of Intermittent and Perennial Streams and Their Origins, NCSU Aquatic Insect Collection, Rosgen I, Rosgen II, Rosgen III, Rosgen IV, Dr. Hey's Natural River Mechanics Morphology & Management Katie has 21 years of experience in the environmental field working on a variety of projects including watershed assessments; stream, wetland, and buffer functional assessments and restoration; greenway planning and design; BMP designs including retrofits; and remediation projects. Projects often include a holistic approach to environmental uplift by restoring the streams, wetlands and buffers. Katie's career began working with NCDOT Roadside Environmental Unit on erosion and sediment control plans; stream and wetland mitigation; site planning, construction and post a construction monitoring. Following NCDOT, Katie began working in consulting focusing on stream, a wetland and buffer restoration and BMPs design and implementation. The majority of Katie's stream and wetland work has been with NCDMS projects. • Browns Summit Creek Stream and Wetland Restoration Site, NCDMS, Browns Summit, NC. Project Manager • Scott Creek (Farmer Site), Resource Institute, Jackson County, NC. Project Manager • Cullowhee Creek (Mock Site), Resource Institute, Jackson County, NC. Project Manager • TNC Fancy Gap Bog Turtle Site, The Nature Conservancy, VA. Project Manager • Russell Gap Mitigation, Alexander County, NC. Project Manager • Upper Silver Creek Stream and Wetland Restoration, NCDMS, Burke County, NC. Monitoring Project Engineer • Russell Gap Mitigation, Alexander County, NC. Project Engineer MICKY CLEMMONS, ENVIRONMENTAL SCIENTIST Education: MS, 1987, Biology, Western Carolina University; BS, 1984 Marine Biology, UNC at Wilmington Continuing Education: Rosgen I, Rosgen II, Rosgen III, Rosgen IV Micky's responsibilities include stream restoration design, aquatic ecology projects, and project management. Prior to joining Michael Baker, Micky worked for 18 years with the North Carolina Wildlife Resources Commission (WRC) as a Fisheries Biologist and was the WRC's first Stream Restoration Coordinator. With many years of experience in fisheries biology and management, stream ecology, and fluvial geomorphology, he is experienced in conducting projects that optimize habitat value and benefit aquatic species. The present practice of stream mitigation in North Carolina began when the WRC agreed to accomplish stream restoration as mitigation for stream impacts caused by the construction of Interstate 26 in Madison County, NC. As a Stream Restoration Coordinator, he worked with NCDOT to accomplish this stream restoration to mitigate for impacts, while he also located mitigation sites, worked with landowners to develop agreements, evaluated site needs, designed restoration plans, hired and supervised contractors to implement plans, and wrote as -built reports for mitigation crediting. Micky has been the project manager for many varied stream restoration and enhancement projects throughout North Carolina and other eastern states. • Upper Silver Creek Stream and Wetland Restoration, NCDMS, Burke County, NC. Project Manager • Elk Branch Stream Restoration Site, NCDMS, Mitchell County, NC. Project Manager • Logan Creek Restoration, NCDMS, Jackson County, NC. Project Manager • Blair Creek Mitigation Project, NCDMS, Clay County, NC. Project Manager • UT to Magness Creek Stream Mitigation Project, NCDMS, Cleveland County, NC. Project Manager • UT to Rush Fork Stream Mitigation Project, NCDMS, Haywood County, NC. Project Manager • TDOT On -Call, Stream Mitigation Site Assessment and Design, Multiple Locations, TN. Project Manager IXTERHATI0HA! Page15 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 OF VICTORIA HOYLAND, PE, ENVIRONMENTAL ENGINEER Education: MS, 2012, Environmental Engineering, Virginia Polytechnic Institute and State Engineering; BS, 1999, Civil Engineering, West Virginia University Professional Registration: Professional Engineer, VA, and CT (obtaining her North Carolina PE license through comity) Continuing Education: Erosion and Sediment Control Inspector and Program Administrator Victoria recently joined Michael Baker Engineering as an Environmental Engineer. She has provided c environmental engineering services through all stages of project development, from preliminary ' engineering analyses through design and construction management. Her technical experience was initially focused in the drinking water and wastewater sectors and has since delved more into the M nature -based solutions field (harnessing and restoring ecosystem services to reduce risk to the built environment). • Smyth County Source Evaluation, VA. Project Engineer • Southwestern Connecticut Regional Resilience Framework, CT. Project Lead • Kearney Bank Filtration Evaluation, NC. Project Engineer • The Nature Conservancy, NC. Environmental Engineer • Town of Blacksburg, VA. Town Engineer RICHARD DARLING, CE, SENIOR ENVIRONMENTAL SCIENTIST Education: MS, 1986, Biological Science, Florida State University; BS, 1983, Zoology, University of Melbourne Professional Registration: Certified Ecologist 421 Continuing Education: USACE Wetland Delineation, Rosgen Level I Richard is a senior environmental scientist with 34 years of multi -disciplinary experience in natural resources consulting. His background includes extensive technical direction and project management for environmental studies including numerous protected species surveys, wetland delineations, riparian buffer determinations, wetland and stream evaluations, Section 404/401 permitting and mitigation, documentation per the National and State (NC, FL, GA, and SC) Environmental Policy Act (NEPA/SEPA) requirements (EA, EIS). • Thomas Creek Restoration, NCDMS, New Hill, NC. Environmental Scientist • UT to Cane Creek Restoration, NCDMS, Alamance County, NC. Environmental Scientist • Crowns West Branch Restoration Plan, NCDMS, Onslow County, NC. Environmental Specialist • Duke Swamp Stream and Wetland Restoration, NCDMS, Gates County, NC. Ecologist • Pinch Gut Stream Restoration, NCDMS, Stokes County, NC. Ecologist TERRY BURHANS, PWS, ENVIRONMENTAL SCIENTIST Education: MS, 2012, Forestry, West Virginia University; BS, 2010, Environmental Sciences, University of California, Riverside; Graduate Studies, 2016, Soil Science, Texas Tech University Professional Registrations: Certified Professional Soil Scientist, 406082; Professional Wetland Scientist, 2808 Terry is an Environmental Scientist with exemplary analytical and technical writing skills. He has experience in linear project planning, landscape level geospatial analysis and GIS analysis, project management and + collaboration, stream and wetland identification, protection, restoration and mitigation, state and federal environmental permitting, endangered species surveys and conservation planning including I conservation measures development, implementation, and monitoring. Terry also has interest in r, stream and wetland ecology, and soil and water science. • St. Clair Creek, NCDMS, Beaufort County, NC. Environmental Scientist • UT to Mill Swamp, NCDMS, Onslow County, NC. Environmental Scientist • NC 11 Transportation Improvements, NCDOT, Lenoir and Pitt Counties, NC. Environmental Scientist • NC 127 Widening Preliminary Design, NCDOT, Catawba and Alexander Counties, NC. Environmental Scientist • US 19/74/64/129 Improvements, R-5735, NCDOT, Cherokee County, NC. Environmental Scientist INTERNATIONAL Page16 Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #16-007875 I C7#0310501VO1 JASON YORK, ENVIRONMENTAL SCIENTIST Education: MS, 2010, Environmental Studies Conservation Biology, Green Mountain College; BS, 2004, Social Sciences, Unity College Professional Registrations and Continuing Education: Ground Applicator License, North Carolina, 024-28136; Taxonomic Certification Program (NABS-TCP), North Carolina, Rosgen I. Jason joined Michael Baker in February of this year, as a conservation biologist with a comprehensive a" background in invasive/exotic plant management, pest management, and laboratory analysis and 1.�: - taxonomy. His experience includes macroinvertebrate taxonomy, pest control for wood -boring insects, .. timber stand improvement, and habitat restoration. As part of his work, he has performed environmental site assessments, authored Phase I Environmental Site Assessments, drafted NEPA/FWS concurrence letters, and performed Section 106 reviews. • Macro-Benthos ID On -Call, Penrose Environmental Consulting, Buncombe County, NC. Project Manager • Browns Summit Creek Restoration, NCDMS, Guilford County, NC. Environmental Scientist • UT to Town Creek Stream and Wetland Restoration, NCDMS, Stanly County, NC. Environmental Scientist • Upper Silver Creek Stream and Wetland Restoration, NCDMS, Burke County, NC. Environmental Scientist • UT Clarke Creek Invasive Vegetation Management, Mecklenburg County, NC. Environmental Scientist • Neighbor Bob's Invasive Vegetation Management, McDowell County, NC. Environmental Scientist HOLLAND YOUNGMAN, ENVIRONMENTAL SCIENTIST Education: MS, 2017, Environmental Science, University of Tennessee at Chattanooga; BS, 2006, Wildlife and Fisheries Biology, Clemson University Holland joined Michael Baker in March of this year, as an experienced wetland biologist with training and proficiency conducting wetland delineations, watershed management programs, mitigation plan review, 1. and permit processing. Her background includes wildlife research, field assessments, report writing, database management, and professional correspondence with agencies, organizations, and the public. JF41 In addition, she is well -versed in ArcGIS software and the use of GPS units for field -based projects. Since joining Michael Baker Holland has worked on multiple NCDMS projects. • UT to Magness Creek Stream Mitigation Project, NCDMS, Cleveland County, NC. Environmental Scientist • Blair Creek Mitigation Project, NCDMS, Clay County, NC. Environmental Scientist • UT to Rush Fork Stream Mitigation Project, NCDMS, Haywood County, NC. Environmental Scientist • Tasewell, SR-32 Mitigation Assessment, TDOT, Campbell County, TN. Environmental Scientist • Cullowhee Creek (Mock Site), Resource Institute, Jackson County, NC. Project Manager • Dog Creek Mitigation Assessment, TDOT, Campbell County, TN. Environmental Scientist ANDREW POWERS, ENVIRONMENTAL ASSOCIATE Education: BS, 2017, Agricultural and Environmental Technology, NCSU; AS, 2015, Pre -Engineering, Wake Technical Community College Andrew is an environmental associate with experience in wetland delineation and stream restoration. Andrew has been leading the majority of field monitoring efforts for stream and wetland restoration projects from ?` construction management through installation and upkeep of monitoring equipment. He has hands on 1 experience with project implementation, monitoring and maintenance. Furthermore, Andrew's skills include public relations, planning, documentation, technical reports, project managing, and problem solving. • Thomas Creek Restoration, NCDMS, New Hill, NC. Environmental Associate • UT to Town Creek Stream and Wetland Restoration, NCDMS, Stanly County, NC. Monitoring Manager • Browns Summit Creek Restoration, NCDMS, Browns Summit, NC. Monitoring Manager • Lochill Farm Stream Mitigation Site, NCDMS, Orange County, NC. Environmental Associate • Russell Gap Mitigation, NCDMS, Alexander County, NC. Environmental Associate INTERNATIONAL Page17 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CIU #03050101 BRAD KEE, CFS, PLS, SURVEY MANAGER ee Education: BS, GIS, Appalachian State University in 1997; Surveying Technology, Asheville —Buncombe Technical Community College, 2003 Professional Registrations: Professional Land Surveyor, NC 4647; Certified Floodplain Surveyor, NC-204 Brad founded Kee Mapping and Surveying, PA in 2007 with the goal of becoming one of North Carolina's top land surveying and mapping companies. Brad has 18 years of experience in GIS mapping and land surveying as well as a dedicated and skilled staff that add to the increased success of the company. Brad is a certified floodplain surveyor and is trained in stream morphology assessment. He also specializes in boundary, topographic, construction and as -built surveys for stream restoration and storm water YYdesign. Brad has provided topographical and post -construction monioring survey on a wide variety I p L of Michael Baker projects over the past five years including: Upper Silver, Browns Summit, Logan Creek, Cooks Creek, Town Creek, UT to Town Creek, Brown Creek Tributaries, Lochill Farm, and Thomas Creek. • Lochill Farm Stream Restoration, NCDMS, Orange County, NC. Survey Manager • Thomas Creek Stream Restoration, NCDMS, New Hill, NC. Survey Manager • Brown Creek Tributaries Restoration, NCDMS, Montgomery County, NC. Survey Manager • UT to Town Creek Restoration, NCDMS, Stanly County, NC. Survey Manager • Browns Summit Creek Restoration, NCDMS, Browns Summit, NC. Survey Manager KO STRADER, CONSTRUCTION CONTRACTOR Licenses/Certifications: River Course 201, Natural Channel Design Principles, NCSU; Construction ,art worksrnc. Practices for Stream Restoration, NCSU; Erosion & Sediment Control Certification, NCSU; Stormwater BMP Inspection & Maintenance Certification NCSU Kory is the CEO/Founder of KBS Earthworks. He transitioned the company to focus on large scale environmental stream and wetland projects. He hired and trained supporting personnel to continue business expansion and completed various stream restoration construction projects throughout Virginia, North Carolina, Tennessee, South Carolina, and Maryland. Kory monitors the daily operations and manage all personnel to include project managers, superintendents, equipment operators, accounting staff, and estimators. He continues to assist in equipment operation in the field and advise on best practices for project sequencing and construction. KBS Earthworks has routinely worked with Michael Baker through their work as a subcontractor for RiverWorks, thus he has led the following projects for KBS Earthworks: Cane Creek Stream Restoration, St. Clair Stream Restoration, Brown Creek Tributaries Restoration, and Thomas Creek. • Thomas Creek Stream Restoration, NCDMS, New Hill, NC. Construction Lead • Brown Creek Tributaries Restoration, NCDMS, Montgomery County, NC. Construction Lead • UT to Cane Creek Restoration, NCDMS, Alamance County, NC. Construction Lead • St. Clair Creek Restoration, NCDMS, Beaufort County, NC. Construction Lead • Hitchcock Creek Restoration, NCDMS, Richmond County, NC. Construction Lead DBE/HUB Participation: Michael Baker does not have an agreement with a DBE/HUB certified firm for this project. INTERNATIONAL Page18 0`1 Part 3. Project Organization: Big Branch Mitigation Project CATAWBA RIVER BASI N 1 RFP #16-007875 / CU #0305010 Qualifications & Responsibilities: For all personnel assigned to this project, please see the resumes in Part 2. With our large number of staff that is dedicated entirely to mitigation and restoration projects, we have the available man -power and resources to handle any of the NCDMS project needs that may arise. Michael Baker will use resources from all our North Carolina offices to best meet the needs and requests of the NCDMS. In addition, Michael Baker has highly experienced environmental staff in each of our neighboring states, as well as across the US, that we work directly with on a regular basis and are able to be called upon for support as needed. Under the leadership of Dwain Hathaway, PE our North Carolina Office Executive and the Principal -In -Charge, Michael Baker is committing to applying our firm's design quality control program throughout the lifetime of every project. The key elements of the program are the client -based quality control guidelines and quality control reviews by senior members of the Michael Baker Team. We will review all of the plans for accuracy and consistency at every stage of the project and ensure that all calculations, plans, specifications, and any reports are properly reviewed for completeness, accuracy, and constructability prior to submittal to NCDMS. Subconsultant work will be reviewed and verified prior to submittal as a routine procedure for each Michael Baker project. Proposed Staffing, and Organization Brad Kee, CFS, PLS (KEE) Daniel Pettingill, PLS (KEE) Kevin Jones, PLS (KEE) Jim Lark, PLS (KEE) Kathleen (Katie) McKeithan, PE, CPESC, CPSWQ, CFM (MB) Micky Clemmons (MB) Scott King, LSS, PWS (MB) Andrew Powers (MB) Jason York (MB) Holland Youngman (MB) I N 7 E R N A 7 1 6 N A L ProjeEt Manager Scott Icing, LSS, PWS (Mi3) Kathleen (Katie) McKeithan, PE, CPESC, CPSWQ, CFM (MB) Micky Clemmons (MB) Scott King, LSS, PWS (MB) Victoria Hoyland, PE (MB) Richard Darling, CE (MB) Terry Burhans, PWS (MB) Jason York (MB) Holland Youngman (MB) Dwain Hathaway, PE (MB) Kory Strader (KBS) and Team Andrew Powers (MB) Brad Kee, CFS, PL5 (KEE) Micky Clemmons (MB) Daniel Pettingill, PLS (KEE) Kevin Jones, PL5 (KEE) Scott King, LSS, PWS (MB) Jim Lark, PLS (KEE) Jason York (MB) Holland Youngman (MB) Kathleen (Katie) McKeithan, PE, CPESC, CPSWQ, CFM (MB) Micky Clemmons (MB) Victoria Hoyland, PE (MB) Scott King, LSS, PWS (MB) Jason York (MB) HDlland Youngman (MB) MB = Michael Baker Engineering, Inc, ti K139=K13S Earthworks, Inc. KEE = Kee Mapping A Surveying, PA I N T E R N A T 1 0 N A L Page19 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 PF Personnel with Similar Experience: Shown in the table below are team personnel who worked on the projects in Part 2. Na Y 01 N (J 0 i+ L i N O 41 CL Y 0 N [! f6 i E O H y i 0 (6 i+ V i O O41 D ;V N m o L.L = N Op c� c J C Y N N L ++ N 0 4+ , i +O+ O m -he-he N i V 3 0 O a+ H i +O+ D Scott PWS King, LSS, Dwain Hathaway, PE Katie McKeithan, Micky ClemmonsRichard Victoria Hoyland, PE Darling, CE Andrew Powers Holland Youngman Kee Surveying & Mapping KBS Earthworks • Growing Environmental Team Michael Baker is expanding our stream restoration team with the additions of Jason York (February 2019), Holland Youngman (March 2019) and Victoria Hoyland (August 2019). Both Jason and Holland have been working on multiple NCDMS projects in various river basins throughout the state this year. Victoria has just come on board and will be introduced to a majority of the sites through 2019 post -construction monitoring efforts. As a former Dave Penrose employee, Jason brings a wealth of macroinvertebrate experience to Michael Baker and is in the process of certifying our laboratory in Asheville, NC. Jason continues to work for Penrose Environmental Consulting through an On -Call agreement. Field work always includes Jason turning some rocks over and sifting through leaf litter to learn more about the stream's health. Jason is also a vegetation specialist and very experienced in identifying and providing (professionally licensed) treatment of invasive species. Michael Baker is excited to have Jason on board and feels he enhances our multidisciplinary project approach. lolland had been working in the environmental field for approximate years when she received her master's in Environmental Science from th University of Tennessee at Chattanooga (UTC). She brings superb GIS experience from her time with the UTC as an employee and master's student. Holland has also worked with the Tennessee River Gorge Trust on avian monitoring, water quality monitoring, land stewardship and event management; UTC as a biology lab instructor, South Carolina Department of Natural Resources as a biologist; The Nature Conservancy monitoring conservation easements for large properties for easement compliance, presence of invasive species and general ecological condition; US Army Corps of Engineers as a wetland biologist on permitting. She directed research on the turquoise darter reintroduction effort including backpack electrofishing, stream delineation and watf velocity and substrate measurements. Holland is an asset to the Michael Baker Team and I often be found saving a flipped beetle or identifying a bird passing through as she takes stream and wetland data. I N T E R N AT 10 N A L Page 20 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 ✓ictoria recentlyjoined Michael Baker Engineering as an Environmental Engineer and is bringing experience from The Nature Conservancy where she reviewed and developed plans and specifications for green stormwater infrastructure projects. Her projects focused on erosion control, flood and stormwater management, and eco-engineering (living shorelines, green stormwater infrastructure, marsh restoration, etc). Victoria also worked as a Town Engineer with the Town of Blacksburg, Virginia and understands procurement of services, review and approval of plans and specifications, field inspections and construction management. As an adjunct instructor at Virginia Tech, Victoria provided instruction of water/wastewater engineering design. Her work also includes surface water treatment :)filter experience. INTERNATIONAL Page21 rPart4. Technical Approach Big Branch Mitigation Project CATAWBA RIVER BASI N 1 RFP #16-007875 1 CU #03050101 Project Goals & Objectives The Big Branch Mitigation Project will provide numerous water quality and ecological benefits on -site and within the Big Branch, Elk Shoals Creek, and r t1 wt e Catawba River Watersheds. Big Branch is located within a water supply watershed (WS-IV), ultimately draining about 4 miles downstream into the Catawba River and Lookout Shoals Lake, which is a drinking water source for several nearby municipalities. ' While some benefits may be more limited to the j roect area many Y rr others, such as nutrient and bacterial removal reduction of sedimentationAC and improved aquatic and terrestrial Jiv habitat, have more far-reaching` A r effects, potentially extending u downstream to the Catawba River and Lookout Shoals Lake reservoir. Implementing this project on a stream contributing to the Catawba River watershed will meet all six of the major CU-wide restoration goals listed in the 2009 (amended July 2018) Upper Catawba River Basin Restoration Priorities (RBRP) (NCDMS 2018) report. The goals and approach to meet are listed as follows: Restoration of nutrient- and sediment- impaired waters (including tributary streams) of the Catawba River mainstem lakes (water supply reservoirs), including Lake James, Lake Rhodhiss, Lake Hickory and Lookout Shoals Lake. Goals01W�. The proposed project reduces sediment inputs into the target local watershed streams by stabilizing stream banks and riparian zones. The site is located in the Elk Shoal Creek watershed which makes up part of the Lookout Shoals Lake watershed. Yes Protection of riparian buffers and aquatic The proposed project restores riparian buffers by excluding Yes, within habitat within the headwater reaches of livestock and replanting buffers with diverse woody and target local asset -rich watersheds of the upper herbaceous vegetation within a target local watershed of watershed Catawba River basin, including the upper the upper Catawba River basin. Several headwater and upper Linville River, North Fork Catawba River, tributaries are included within the project. Catawba Wilson Creek, Mulberry Creek, Johns River River basin and Lower Little River. Aquatic habitat is proposed to be restored by establishing (outside of natural channel geometry along the headwater tributaries watersheds that will provide appropriate sediment transport and access listed) to the stream's historic floodplain. Additionally, aquatic habitat will be restored by improving bedform diversity and the inclusion of woody debris and structures. Implementation of stormwater assessment The site is nine miles from Taylorsville and will provide Yes, but and management efforts, including stormwater BMP treatments to smooth storm hydrographs outside of stormwater BMP projects, within urban and reduce sediment inputs to the system. City Limits. and suburban subwatersheds in the Linville, Marion, Lenoir, Morganton, Hickory and Taylorsville areas. Page 22 I N T E R N A 7 1 0 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP #16-007875 / CU #03050101 W-Wide Restora LApproach to Meet Goals Meet Goal Increased implementation of agricultural Agricultural BMPs will be implemented along the proposed Yes BMPs within heavily agricultural sub- project in multiple locations across two farms. Site is watersheds of TLWs, including North and located in the Elk Shoal Creek watershed. South Muddy Creeks, Silver Creek, lower Lower Creek, Lower Little River, Jumping Run Creek and Elk Shoal Creek. Restoration of nutrient- and sediment- The proposed project will reduce nutrient and bacterial Yes impaired waters (including tributary inputs into watershed streams by excluding livestock and streams) of the Catawba River mainstem improving riparian vegetation, resulting in greater root lakes (water supply reservoirs), including density that will mitigate these inputs. Project is upstream Lake James, Lake Rhodhiss, Lake Hickory of Lookout Shoals Lake. and Lookout Shoals Lake. Continuation of the collaborative The proposed project will assess, plan, and restore part of Yes, but watershed assessment, planning and the targeted local watershed draining to Elk Shoals Creek outside of restoration efforts that are integral to three and Lookout Shoals Lake. LWP existing LWP initiatives in the upper Catawba River basin: Lower Creek (DMS and LCAT), Muddy Creek (Muddy Creek Restoration Partnership) and Lake Rhodhiss (WPCOG). Additionally, as stated in RFP 16-007875 Technical Proposal Evaluation Criteria Catawba 03050101 CU Rating Form Section Functional Uplift Evaluation, the proposed project addresses the following functional categories and stressors: rater Quality on -functioning riparian uffer/wetland vegetation Planting full riparian buffer with a variety of native hardwood trees and shrubs as well as herbaceous species High • Sediment Streambank stabilization and streambed restoration allowing for appropriate sediment transport Very high • Nutrients BMPs, riparian buffer restoration, and livestock exclusion Very high • Fecal Coliform BMPs, riparian buffer restoration, and livestock exclusion Very high • Other N/A N/A Hydrology • Peak Flows Installation of BMPs, riparian buffers, and the restoration of floodplain access should reduce peak flows Very high • Artificial Barriers Remove spoil piles, replace clogged culverts High • Ditching/Draining Priority 1 restoration across the site to raise water table, remove artificial ditching and non-functioning culverts within conservation easement High • Other N/A N/A Habitat • Habitat Fragmentation Large Conservation Easement being established High • Limited Bedform Diversity Proposing instream structures to increase diversity and promote riffle/pool sequencing Very high • Absence of Large Woody Debris Installation of geolifts, brush toe, and log vanes, as well as buffer restoration (large woody debris source) Very high • Other N/A N/A Page 23 I H T E R H A T 1 0 H A t Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #16-007875 / CU #03050101 As stated previously, the project is located within TLW 03050101130010. Expected improvements to water quality, hydrology, and habitat are outlined below as project goals. NCDMS' mission is to provide cost-effective mitigation alternatives that improve the state's water resources. The Big Branch Mitigation Project achieves this goal by providing high quality stream mitigation in an economical manner. The Project will focus on enhancing water quality, restoring geomorphology, and improving and protecting aquatic and terrestrial habitat. The Project will enhance water quality by reducing nutrient, sediment and bacterial inputs from the project area through stream restoration and enhancement, cattle exclusion, and revegetation. Hydrology will be restored to adjacent floodplains by implementing Priority Level 1 Restoration to raise the existing streambed. Aquatic and terrestrial habitat will be improved and protected by improving stream bedform diversity and establishing a permanent conservation easement along a fully -restored riparian buffer, 50 feet wide or greater along all proposed stream reaches. Goals, general objectives, and anticipated benefits related to water quality and ecological processes are detailed below. More detailed measurable objectives and associated performance standards will be developed as part of the site's mitigation plan. Nutrient and Restore riparian stream buffer— Excess nutrients and pollutants in the form of fecal coliform, phosphorus bacteria removal and nitrogen from livestock waste are entering the project reaches without flowing through adequate riparian buffers. Fully functioning riparian buffers will be established and permanently protected to filter runoff containing excess nutrients and pollutants before entering the project reaches. Exclude livestock — Livestock have unrestricted access to virtually all proposed stream reaches (See Figure 12). Exclusion of livestock through easements and permanent fencing will remove a direct source of nutrients and fecal coliform inputs to the aquatic resource. Removing existing livestock trails, that run through the buffer and across the stream, will eliminate flow paths that carry pollutants to the stream by overland flow. Implement structural BMPs — Agricultural BMPs will be implemented across the farms by the proposed project. Wells, waterers, fencing, and stable farm crossings will be implemented on both farms to provide livestock exclusion from the stream channel as well as a clean water source and stone pad area for the livestock to water. The downstream landowner (Hull) has invested significantly into pasture production; however, has had a difficult time getting pasture grasses to establish, thus a BMP is proposed to provide improved buffering from these barren fields through the utilization of wood chips along the outer edge of the buffer. An agricultural BMP will also be constructed within the conservation easement below the Smith pond. This BMP will help to remove fecal coliform and nutrients through detention, plant uptake and microbial activity. Livestock will be excluded from the BMP to prevent direct pollutant inputs and degradation by hoof shear. Sediment removai Restore proper channel form — Streams with proper dimension, pattern, and profile will efficiently transport sediment and allow for deposition on point bars and on the floodplain. In addition, the design will prevent degradation by arresting and repairing any headcuts, dissipating energy over proper riffle and pool and/or step -pool, sequences, and by dissipating stream energy with overbank flooding for storms greater than bankfull. Construct in -stream structures — In -stream structures such as cross vanes, single arm vanes, and j-hooks divert shear stress from the banks to the center of the channel during storm events thus reducing bank erosion. Based on preliminary site assessments, stream bank erosion is a main contributor of sediment and turbidity within the project area and to downstream reaches. Page 24 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP #tb-007875 / CLJ #03050101 r Sediment removal Restore riparian stream buffer —All project reaches proposed for restoration are lacking a diverse, mature, fully wide riparian buffer. A restored riparian buffer will increase root mass within stream banks, thus decreasing bank erosion and downstream sedimentation. Restored riparian buffers will also filter sediment from overland pasture runoff. Implement stream bank bioengineering — Construction of geolifts, brush mattresses, brush layers, installation of live stakes, and other bioengineering practices will re-establish a healthy root mass along the stream banks, thus preventing erosion and excess sediment delivery to the stream. Benefits Related to Ecological . .. Objectives - Benefits Improved substrate Restore proper channel form — Restored channel dimension, pattern, and profile will ensure adequate bed and in -stream cover load and suspended sediment transport according to sediment supply, valley type and valley slope. Appropriate sediment transport will ensure the sediment supply is adequately transported and excessive degradation or aegradation does not occur. Construct in -stream structures — Construction of in -stream structures, which are designed to improve bedform diversity, increase dissolved oxygen, and trap detritus, will improve in -stream cover and aquatic habitat. Reduce water Restore riparian stream buffer — A restored and protected riparian stream buffer will increase shading of temperature the project stream reaches. The increased shade is expected to decrease water temperatures. Implement stream bank bioengineering — Bioengineering such as geolifts and stream bank live staking will provide tree canopy and shading to the stream and reduce water temperatures once established. Improved Restore riparian buffers — Restored riparian buffers will decrease runoff rates and increase infiltration of floodwater precipitation into the local ground water. In addition, the restored stream reaches will have increased retention access to their historic floodplains, allowing floodwater energy to dissipate over the floodplain and floodwater retention time to increase. Restoration of Restore riparian buffers — Riparian buffer planting and streambank bioengineering will improve terrestrial terrestrial habitat habitat throughout the entire conservation easement. The conservation easement will adjoin other mature wooded areas at the upstream and downstream extents, creating a wildlife corridor. Improved aesthetics Restore riparian buffer vegetation — Areas where the riparian buffer vegetation has been removed, has low plant diversity, or is low quality will be replanted with native riparian vegetation. Treating exotic plant species and planting native woody and herbaceous plants will greatly improve site aesthetics. Exclude livestock — Livestock exclusion will reduce unsightly bank erosion and livestock waste from the project area. Restore proper channel form — Restoring stable channel dimension, pattern, and profile will decrease bank erosion and restore a more natural appearance to project reaches. Improved wetland Restore hydrology — Hydric soils noted during field investigations should be restored. Restoration will be function accomplished through implementing a Priority 1 restoration approach, which will raise the streambed elevation, increasing groundwater levels in the adjacent hydric soils. These areas will also be replanted with a native riparian wetland vegetation community and protected by establishing a conservation easement. Existing wetlands will be enhanced or restored through improved hydrological function, the reestablishment of wetland vegetation, and by the permanent exclusion of livestock. Page 25 1 N T E R N A 7 1 0 N A L r Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Improve aquatic Aquatic habit — Habitat will be improved from implementing each previously listed goal. If all goals are habitat achieved, the project will realize maximum aquatic habitat improvement and ecological uplift. Project Description Overview The project is located in Alexander County just outside the town of Stony Point, within the Catawba River Basin TLW 03050101130010 (Figure 1). The project consists of Big Branch (referred to as the mainstem or MS) and four smaller UTs to this mainstem reach. The MS flows into Elk Shoals Creek just % of a mile below the site, which in turn flows into the Catawba River and Lookout Shoals Lake roughly 3 miles further downstream. This watershed is classified as a Water Supply (WS-IV) from the source to Elk Shoal Creek (Stream Index 11- 73-2) and serves as the water source for several downstream municipalities. Michael Baker's detailed field investigations documented significant degradation of this aquatic resource at the project site. The degradation is a result of historic channelization and unimpeded livestock access and is mainly in the form of extreme bank erosion, channel incision, excessive sedimentation, direct inputs of nutrients and bacteria from animal waste, lack of bedform diversity, and poor -quality riparian buffers along many stream sections. These related conditions make the ecological and functional uplift potential that can be provided through implementation of the Big Branch Mitigation Project very high. Each of the project reaches has been heavily impacted from historic and ongoing land use. Currently, the land use within the project area is predominantly livestock production but historically has also included areas of row -crop production. These land uses and the associated straightening/dredging of streams to maximize production area and improve drainage resulted in severe resource degradation. Livestock currently have access to all the streams identified for restoration and enhancement. Within the project area, 80% of the stream length proposed for restoration or enhancement have poor quality riparian buffers, with approximately 16% having only grass or bare buffers, and 64% having buffers of less than 30 feet in width. And while the remaining stream length does have forested buffers greater than 30 feet in width, they have a low diversity of species and are in poor health due to livestock impacts. Several invasive species are also found in the project area including significant areas of Chinese privet (Ligustrum sinense), with multiflora rose (Rosa multiflora) and tree -of -heaven (Ailanthus altissima) also found scattered throughout the site. Figure 12 shows the most recent aerial photography of the site and details the location of absent or partially functioning riparian buffers along all the project reaches. The constant livestock access, with extreme bank erosion and incision, have created extremely poor channel conditions with many trees falling into the stream or being undercut and at risk of falling. According to the 2009 Catawba River Basin Restoration Priorities (RBRP) amended July 2018, the project is located within the Elk Shoal Creek Watershed TLW 03050101130010. Although there are no 303(d) listed streams in this TLW, the RBRP indicates it does contain many degraded streams. The watershed has over 45% of its land dedicated to some form of agricultural production, including 19 NPDES-permitted concentrated animal feeding operations. This report also states that within this TLW there are zero acres in conservation (though it appears there are two DMS easements located approximately 2 miles away along Elk Shoal Creek and a tributary), and that many streams here are in need of restoration with a high percentage of them lacking a fully functioning riparian buffer. As described previously, the project also supports all three of the functional categories listed in the Technical Proposal Evaluation Criteria Rating Form, Section 2. Functional Uplift Evaluation: Water Quality, Hydrology, and Habitat along with each of their listed functional stressors. Thus, the project supports a wide range of watershed planning goals, addressing a number of pollutant sources and water quality stressors, with a high overall functional uplift potential. The project will be protected through a permanent conservation easement that will encompass more than 35.5 acres of land. Page 26 1 N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 1 CU #03050101 There are ten stream reaches at this project site totaling approximately 12,630 LF (MS, UT1, UT1A, UT1B, UT2, UT2A, UT3, UT3A, UT313, and UT4). Field evaluations determined that all reaches are perennial with the exception of the intermittent reach UT2A. The lower section of UT4 also scored as an intermittent on the stream form due to the severe impacts from historic channelization and cattle access, which has altered the stream geomorphology here to such an extent that the form criteria rates this as an intermittent channel. However, we strongly believe it is actually perennial due to the significant level of flow observed during the dry season, from the observed condition of the channel bed, and from landowner discussions. The presence of historic valleys for each of the project stream reaches can be seen on USGS topographic and NCDOT LIDAR imagery derived topographic contours for the site (Figures 2 and 5) and were obvious during field investigations. Additionally, the historic aerial photograph from 1956 has been marked in blue pen by NRCS agents to show the streams on site at that time (Figure 8C). Reaches MS, UT1, UT1A, UT1B, UT2, UT2A, UT3, UT3A, UT313, and UT4 are all clearly marked as streams, though UT3A and UT313 are a bit blurry. Field evaluations of intermittent/perennial stream status were made in July 2019 under relatively dry conditions. These evaluations were based on the North Carolina Division of Water Resources stream assessment protocols (NCDWR 2010). A stream form was completed for each reach. Figures 7A and 7B show the watershed drainage areas for each reach, while Table 1 below presents the results of the field evaluations along with the assessed status of each project reach. Table 1. Summary Information for Field Investigations to Determine Intermittent/Perennial Status. NCDWR Stream Project Reach Existing Project Reach Classification Form Watershed Drainage Stream Status .. Designation Length (ft.) Score Area (acres) Field Analyses MS 5,903 49.5 2,036 Perennial UT1 1,312 34 46 Perennial UT1A 282 38 9.4 Perennial UT1B 215 32 17 Perennial UT2 1,121 36 43 Perennial UT2A 309 20 3.3 Intermittent UT3 1,106 38 156 Perennial UT3A 248 35.5 78 Perennial UT3B 250 37.5 59 Perennial UT4 lower 668 26.5* 35 Perennial* UT4 upper 248 31.5 28 Perennial Note 1: NCDWR Stream classification forms are available upon request for the streams listed above. Note 2: Watershed drainage area is approximated using the USGS StreamStats program and from topographic and LIDAR information at the downstream end of each reach. * Due to severe impacts from historic channelization and cattle access, the stream geomorphology in this reach has been altered to such an extent that the stream form criteria rates this as an intermittent channel, though we strongly believe it is actually perennial. All reaches within the proposed project boundary are being addressed such that the maximum uplift for water quality, hydrology, and habitat for the site will be achieved. Geology: Geologically, the Big Branch site lies within the Inner Piedmont Belt, consisting of metamorphic rock primarily in the mica schist formation. Lenses and layers of quartz schist, micaceous quartzite, calc-silicate rock, biotite gneiss, amphibolite, and phyllite are also found throughout this formation, with garnet, staurolite, kyanite, or sillimanite occurring locally (NCGS, 1985). Page 27 I N T E R N A 7 1 0 N A t Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Ecoregion: The project is located within the EPA Level IV Northern Inner Piedmont ecoregion of the larger Level III Piedmont ecoregion (Griffith et al., 2002). This ecoregion is described as a rolling to hilly region with higher elevations, more rugged topography, more monadnocks (mountain outliers), colder temperatures, more snowfall, mostly mesic soil temperature regimes, and a shorter growing season than other areas of the Piedmont. It also has many disjunct mountain species, such as more Virginia pine (Pinus virginiana) and chestnut oak (Quercus montana) and fewer shortleaf pines (Pinus echinata). Streams in this region also tend to have higher gradients and contain many mountain -type macroinvertebrate species than those found in the outer Piedmont. The physiography of the region is described as consisting of dissected irregular plains with low to high hills and ridges, with low to moderate gradient streams of cobble, gravel, and sandy substrates. Elevations vary dramatically across the region, from 360 feet in the eastern portion to 2,035 feet along the western boundary with the Blue Ridge Ecoregions. The Big Branch site is roughly in the middle of this range with average elevations on site of around 1,000 feet. Soils: The project site is located within the Felsic Crystalline Soil System of the Piedmont Soil Region of North Carolina (Daniels et al., 1999), formed primarily in residium saprolite from the underlying bedrock metamorphic or igneous parent materials. Topographically, broad gently sloping uplands are common with moderately to steeply sloping areas with narrow convex ridges and steep valley slopes along branching, dendritic stream patterns. Finer -textured soils such as Cecil and Pacolet typically dominate the uplands, while more coarse - loamy soils such as Chewacla and Toccoa are commonly found throughout the floodplains. The specific soils found in the general surrounding area of the Big Branch Site are dominated by a common Piedmont soil transitional landscape with Licensed Soil Scientist evoluoting Clifford sandy clay loam soils (2-8% slopes) found in the broad interstream on -site soils. divides, with Fairview sandy clay loam soils (8-25% slopes) found on the steeper slopes along the stream channels, with Codorus loams (0-2% slopes) found throughout the floodplains (Figure 3). These Codorus loams dominate the proposed project site itself, and are very deep, moderately well drained to poorly drained, moderately permeable soils formed in alluvial materials and typically found on floodplains throughout the Piedmont. Codorus is an NRSC-listed hydric soil for Alexander County. Its formal taxonomic classification is: fine -loamy, mixed, active, mesic Fluvaquentic Dystrudepts. Threatened and Endangered Species: A search within a two-mile radius of the project site was conducted on July 31, 2019 using the North Carolina Natural Heritage Program (NCNHP) Data Explorer (https://ncnhde.natureserve.org/). This search indicated that there "are no records of threatened or endangered species, important natural communities, natural areas or conservation/managed areas" within a one -mile radius of the project location. Further, there are no records of threatened or endangered species or important natural communities or natural areas within a two-mile radius of the project location. The only occurrence within the two-mile radius is of a conservation easement managed by NC-DMS, the 'Elk Shoals RFP' site. For Alexander County, there are three species that are listed as Threated by the US Fish and Wildlife Service (USFWS), and one species that is listed under the Bald and Golden Eagle Protection Act (BGPA): the Northern long- eared bat (Myotis septentrionalis) (NLEB) and the Dwarf -flowered heartleaf (Hexastylis naniflora) are listed as threatened; the Bog turtle (Glyptemys muhlenbergii) is listed as Threatened (S/A); and the Bald Eagle (Haliaeetus leucocaphalus) is listed under the BGPA. NLEB is a federally listed threatened species and occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >_3 inches diameter breast height (dbh)). This bat has also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Forested habitats containing trees at least 3-inch dbh in the project area provide suitable habitat for NLEB. Due to the decline of the NLEB population from the White Nose Syndrome (WNS), the USFWS has issued the finalization of a special rule under section 4(d) of the ESA to addresses the effects to the NLEB resulting from purposeful Page 28 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #16-007875 / CU #03050101 and: incidental take based on the occurrence of WNS. Because the project is located within a WNS zone and will include the removal/clearing of trees, it is subject to the final 4(d) ruling. As previously stated, a review of NCNHP records did not indicate any known NLEB populations within 2.0 miles of the study area; therefore, the project will be eligible to use the NLEB 4(d) Rule Streamlined Consultation Form to meet regulatory requirements for section 7(a)(2) compliance 4(d) consultation. Dwarf -flowered heartleaf (Hexastylis naniflora) is listed as federally threatened and occurs in the upper piedmont region of North Carolina and upstate South Carolina. The dwarf -flowered heartleaf is a low -growing evergreen perennial that flowers in mid -March to early June. This species grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek headwaters, and along the slopes of nearby hillsides and ravines. Because much of the habitat at this site is currently or has been heavily grazed by livestock, suitable habitat for the species is not present. Since no known occurrences of the dwarf -flowered heartleaf have been documented within a two-mile radius of the project area, it is anticipated that the project will not affect the species. However, a field survey will be conducted during the plant's blooming season to verify the presence or absence of the species. Bog turtle (Glyptemys muhlenbergii) is listed as federally Threatened due to Similarity of Appearance (T(S/A)). This designation was put in place after the northern population of the bog turtle (from New York south to Maryland) was listed as Threatened in 1997. The designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. It has no effect on land management activities by private landowners in North Carolina. The southern bog turtle population is considered a Federal species of concern due to habitat loss. The habitat for this species consists of unpolluted wetlands such as bogs, swamps and wet meadows dominated by herbaceous and scrub/shrub vegetation, bordered by wooded areas. During field investigations, very little suitable habitat like this was identified and no individuals or populations of this species were observed in the proposed project area. And as no known occurrences of the bog turtle have been documented within a two-mile radius of the project area, it is anticipated that the project will not affect the species. Cultural Resources: Michael Baker conducted a search for state registered historic properties within a two-mile area of the project site, using the NC State Historic Preservation Office's (NCSHPO) online GIS database. The search resulted in the identification of two existing structures of historic significance. Both sites are historic houses (the J. Will Alexander House, and the Frederick Mock House) located over one mile from the project site, but both are only listed as being potentially eligible for inclusion on the national register. No registered historic properties are located on the project site. Michael Baker will coordinate with all applicable state and federal agencies during the categorical exclusion (CE) and permitting phases of the project with regards to all protected biological, cultural, and historic resources. These agencies include NCSHPO, USFWS, and NCWRC among others. Sediment Analysis: Visual inspections of the stream substrate materials were conducted for each reach. The project site consists primarily of sand and gravel bed streams with significant amounts of sand deposition observed in long sections of the larger reaches, excessively so for this geographic region. This is almost certainly due to the extreme lateral instability observed and to the resulting extensive stream bank erosion, as well as long-term livestock access. Due to incision, the streams do not have access to their floodplains where excess sediment could be deposited. Due to channelization and downcutting from headcut migration, the mainstem has bedrock knickpoints controlling the grade of this channel. There is some evidence of bench building within the mainstem as could be expected with the current stage of the channel's evolution. However, livestock access has limited the extent of these indicators. While this process if left to evolve, would eventually create a channel and floodplain at this lower elevation, this process is still a long way from completion. A large amount of sediment will continue to enter the watershed from bank erosion and cattle impacts during this process if restoration activities are not implemented. - s F Mainstem Streambed INTERNATI0NAL Page 29 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 1 CU #03050101 Tributaries UT1, UT1A, UT1B, UT2, UT2A, UT3, UT3A, UT313, and UT4 have also become incised due to past alterations, cattle impacts, and to adjacent MS incision, and have also widened to a significant degree. The only exceptions to this are found in the lower sections of tributaries UT1 and UT2, which are not particularly incised but are overwide from livestock impacts and have numerous ephemeral drainages flowing into them carrying heavy sediment loads. These lower sections of UT1 and UT2 are in the floodplain of the MS and have aggregated from the extreme erosion and downcutting upstream. The end result of these channel alterations is increased lateral and vertical erosion and greater instability that is likely to continue for a significant span of time, contributing tons of sand, silt, and gravel to the watershed. The proposed project will stabilize these reaches reducing localized erosion and sediment supply which is a major RBRP goal. Appropriate bankfull channel geometry, planform, and profiles will be designed to ensure that the streams have access to depositional features and that the streams will have enough competency to transport the sediment supply. In areas where the channel is degrading vertically and/or horizontally, the proposed geometry will be corrected such that stream power will move the sediment supply through the system while maintaining the system's stability. A detailed sediment transport analysis will be conducted during the design phase of the project to ensure that the sediment supplied from the watershed can be stored on point bars and floodplains and that sediment is transported downstream in a manner to ensure equilibrium and long- term stability. UT2 Streambed The project will address erosion on all the unstable intermittent and perennial stream reaches on the project site, and future supplies of gravel and fine sediment from on -site channel erosion is expected to be reduced significantly. Consequently, constructed riffles will be incorporated in the design with larger rock sizes that will be immobile during storm events. The constructed riffles will also increase dissolved oxygen content, provide aquatic habitat and assurance that the restored channel will not degrade over time. Existing Conditions Descriptions: Michael Baker conducted field studies to evaluate and document the general existing conditions of Cattle Hoofprints Along Streambed the site, as well as specific assessments for each project stream reach. These studies included field evaluations, photographic documentation, cross section surveys, soils investigations, and pebble counts. Field -work dependant sections of the NCDMS' Technical Proposal Evaluation Criteria Catawba 03050101 CU Rating Form for RFP# 16-007875 and all of the mapping and calculation of associated statistics were completed in accordance with NCDMS' Guidance for the Submission of Mapping and Associated Statistics for Full Delivery RFPs. A copy of the completed rating form, described above, is included in the appendices. The results of the existing condition cross section surveys and/or visual field analysis were used to conduct geomorphic stream classification for the project stream reaches. The results of the existing condition cross section surveys are summarized in Table 2. The results of the field evaluations were used in conjunction with available GIS data to develop mapping calculations and Figures. Table 2. Summary of Existing Condition Cross Section Survey Data. I N T E R N A 7 1 0 N A L Page 30 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 1 ClJ #03050101 Project Reach Designation' Watershed Drainage Area (acres) Z Entrenchment Ratio Width/Depth Ratio Typical Bank Height Ratio Note 1: Cross section locations are shown in Figure 9 and include 5 on MS and 1 each on UT1, UT2, UT3, UT3A, UT38, and UT4. Note 2: Watershed drainage area is approximated using the USGS StreamStats program and from topographic and LIDAR information at the downstream end of each reach. MS: The mainstem (Big Branch) reach begins at the upstream project property line and flows down valley to the southeast for approximately 3,800 feet to a box culvert under Drumstand Road, where it continues flowing for another 2,100 feet until it leaves the downstream project property. MS is a perennial channel with a valley slope of approximately 0.50% and a drainage area of 3.2 square miles (2,036 acres). MS is significantly incised with bank height ratios (BHR) greater than 1.5 throughout its length (and often much greater). This reach also exhibits significant levels of stream bank scour over its entire length. Mass wasting was even observed on approximately 15-20% of the reach. The reach currently classifies predominantly as a Rosgen F5 stream type, though some sections classify as a G5 or B5 stream type, demonstrating the channel evolutionary process. Although a gravel bed might be expected for MS given its size and geographic location, long sections of this reach are buried in thick sand deposition, though sections of gravel bed are still observed. Two areas of bedrock outcropping were also observed in the channel. There are long sections of obvious spoil berms located along the channel banks as well from historic dredging and straightening of the channel. The buffer along this reach varies from areas with only grass, to sections with only a narrow row of trees on one or both banks, to sections that have scattered trees on only one bank. The significant incision and erosion have caused many of the trees along the streambanks to be undercut. Many have fallen or are in danger of falling and are causing further erosion as flows are directed into the banks. The buffer also has invasive species which include Mainstem Smith Property significant amounts of Chinese privet (Ligustrum sinense) found throughout (Upstream on Drumstand Road) the buffer, with scattered multiflora rose (Rosa multiflora), and tree -of - heaven (Ailanthus altissima) also present. And while there are mature trees scattered throughout the buffer at varying densities, livestock have access to the entire stream channel and all buffer areas. Mainstem Hull Property (Downstream on Drumstand Road) This access has caused significant degradation of the channel, as described above, but it has also caused degradation of the buffer area along the channel. There are multiple trails along the sides of the channel and access points into and across the channel that are severely degraded. These livestock trails are additional sources of sediment from bank trampling and as overland storm flow carries sediment down these trails and into the channel. Page 31 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #16-007875 / CU #03050101 UT1: Reach UT1 is a 1,312 ft long tributary that connects with the MS on the left bank, approximately 775 feet upstream of the property line at the bottom of the project. UT1 is a perennial channel with a valley slope of around 2.3% and a drainage area of 46 acres. UT1 is moderately incised for much of its length, and it is overly wide from livestock impacts. The majority of the reach currently classifies as a G stream type. Two existing culverts near the top and bottom of the reach are clogged, causing stream hydrologic disconnects, some bypass flow scour, and substantial sand deposition in the lowermost section. The entirety of the left floodplain along UT1 is a recently timbered field currently being prepared for use as pasture. A large debris berm of soil and timber waste was built along the left bank of the reach during the timbering UT1: Earthen Berms on Channel's Left activity that blocks most overland flow from the channel (Figure 11). The Bank and Barren Buffer adjacent field has a very low density of vegetation and ephemeral drains have formed in several locations, scouring through the debris berm and dumping sediment -laden storm flow into the reach. The channel bed of UT1 consists of sand with small amounts of gravel. Many sections of the reach are clogged with sand deposition and several headcuts were observed. The banks are moderately unstable with some sections of active scour observed along with sections where herbaceous vegetation is present to provide seasonal stabilization. Approximately 15-30% of reach banks show active erosion and scour. The upstream origin of UT1 is the confluence of two smaller tributaries, Reaches UT1A and UT1B. UT1A: Reach UT1A is a 282 ft long, spring -fed, perennial tributary to UT1 with a drainage area of approximately 9.4 acres that originates at a headcut just below the recently timbered open field that is being prepared for use as future pasture. It is a moderately incised channel (BHR —1.3) with little access to a floodplain and with headcuts observed in the channel. Its banks are moderately unstable with localized bank erosion found in sections. The streambed shows evidence of sedimentation form the adjacent baron fields. It is also missing a significant portion of its buffer along the left bank, where the adjacent field was recently timbered and is being prepared for use as pasture. UT1113: Reach UT1B is a 215 ft long perennial tributary to UT1 with a drainage area of approximately 17.4 acres that, similar to UT1A, originates at a headcut just below the recently timbered open field that is being prepared for use as future pasture. This section, while still maintaining a mostly wooded buffer (with numerous invasive species), is nevertheless highly degraded. It is very incised (BHR>1.5), has highly eroding banks, has numerous headcuts found in the channel, and the streambed is loose and shows significant sedimentation from baron fields upslope. UT2: Reach UT2 is a 1,121 ft long tributary that connects with the MS on the right bank, approximately 1,800 feet upstream of the southern project property line. UT2 is a perennial channel with a valley slope of approximately 3.3% and a drainage area of 43 acres. UT2 is very incised with BHRs greater than 2.0 throughout most of its length. The reach completely lacks a riparian buffer in its lower section, and has only a partial buffer in its upper section. This reach exhibits extensive stream bank scour that is apparent over the majority of the reach, though the lowermost section is comparatively stable with pasture grasses present. There are even a few areas of mass wasting ;4x found in the upper and middle sections of the reach. Livestock hoof shear UT2: Bank Erosion on a 90 Degree Turn on the banks is probably a greater contributor to loosening soil and mobilizing it into the channel than is stormflow induced mass wasting due to the small drainage area. Bed material consists of sand with a small amount of gravel. There is no obvious grade control along this reach, and several headcuts were observed. Reach UT2 currently classifies as a G stream type. UT2A: Reach UT2A is a 309 ft long tributary to UT2 that connects in roughly 60 ft from the very top of UT2. It is a spring - fed, intermittent channel with a drainage area of roughly 3.3 acres. It is a degraded stream with severe incision (BHR over 2.0) and sections of active erosion along the banks, with headcuts observed in the channel, and lacking any riparian buffer. The beginning of this reach is the break at which the channel changes from ephemeral to intermittent. Page 32 INTERNATI0NAL Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #16-007875 1 CU #03050101 UT3: Unstable Banks UT3B: Unstable Banks and Cattle Access degradation UT4: Livestock Crossing UT4: Surveying Cross Section UT3: Reach UT3 is a 1,106 ft long tributary that connects into the MS on the left bank, at roughly its midpoint, approximately 600 feet upstream of Drumstand Road. UT3 is a perennial channel with a valley slope of 1.2% and a drainage area of 156 acres. UT3 is very incised in places with BHRs greater than 2.0 throughout most of its length, particularly in the upper and lower sections, though the middle section does appear to be better connected to its floodplain. This reach exhibits stream bank scour in the upper and lowermost sections, though in the middle has vegetation present along much its banks. Bed material consists of sand with a small amount of gravel. There was no obvious grade control along this reach and several headcuts were observed. There are also several trees along this channel in the upper portion that have fallen into or across the channel. The reach classifies as G stream type. The upstream origin of UT3 is the confluence of two smaller tributaries, Reaches UT3A and UT3B. UT3A: Reach UT3A is a 248 ft long perennial tributary to UT3 with a drainage area of approximately 78.3 acres that originates at a project property line. The reach is severely incised (BHRs > 2.0) with actively eroding banks observed throughout the reach. Excessive sedimentation and headcuts are also found throughout the channel. And though it does currently have a riparian buffer, it also has invasive species found within the buffer and along the stream banks and is located within woods that may be timbered in the future for additional pasture. UT3B: Reach UT3B is a 1,161 ft long perennial tributary to UT3 with a drainage area of approximately 59.8 acres that originates at the project property line. Much like UT3A, this reach is severely incised (BHRs > 2.0) with actively eroding banks observed throughout the reach. Excessive sedimentation and headcuts are also found throughout the channel. There are also several trees along this channel in the upper portion that have fallen into or across the channel, with some debris jams resulting. And though it does currently have a riparian buffer, it also has invasive species found within the buffer and along the stream banks and is located within woods that may be timbered for additional pasture in the future. UT4: Reach UT4 is a 916 ft long spring -fed tributary that connects with the MS on the right bank, approximately 580 feet downstream from the top of the project. It has a drainage area of 35 acres and a valley slope of around 3.7%. The entirety of UT4 is a perennial channel, though the lower section classifies as an intermittent due to the severity of the impacts from cattle and historic channelization. These impacts have so dramatically affected the stream geomorphology that the stream form criteria incorrectly rates it as intermittent. The reach is very incised throughout, but especially in the lower section where it has been dredged and straightened (with BHRs significantly greater than 2.0). There are numerous headcuts and cattle crossings observed throughout UT4 and areas of actively eroding banks and some mass wasting found in the uppermost section. The upper section also lacks a full buffer, while the lower section lacks any buffer at all, though herbaceous vegetation is growing in and along much of the banks here to provide at least some seasonal stability. There is an existing closed culvert crossing causing aggradation upstream of the culvert and high flows to flood over the crossing. I N T E R N AT 10 N A L Page 33 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Bed: material consists of sand deposition from upstream bank erosion, with some small amounts of gravel also found in the bed of the upper section. The reach classifies as a G stream type. The MS and lowermost sections of UT1, UT2, UT3, and UT4 are all located within a FEMA regulated floodplain (Zone AE, 1% chance annual flood) from FIRM Panel 3710377600J effective 12/18/2007 as shown in Figure 4. Due to the Priority Level I Restoration approach being proposed on the MS, wherein the stream bed elevation will be raised to a significant degree, a CLOMR certification may be required to address any proposed changes in the floodplain. Michael Baker's engineering staff routinely provides these services (CLOMRs/LOMRs, and no -rise certifications) for restoration projects. Any activities conducted for this project within this regulated zone will be done in accordance with FEMA regulations and we will coordinate with FEMA during project development. Based on a review using Google Earth, the nearest airport to the project site is the Alexander County private airport located approximately 2.5 miles to the Northwest. Additionally, the Statesville Regional airport is located to the southeast approximately 8.5 miles away. Project Development The Big Branch Mitigation Project will include the restoration and enhancement of 10 stream reaches and their associated riparian buffers. This broad, balanced approach, utilizing a range of practices, from Priority Level 1 Restoration to Enhancement Level II, is critical to providing the maximum functional uplift possible. Our proposed approach will address all of the intermittent and perennial stream reaches within the project boundary including restoring and protecting riparian buffers along all of the project stream reaches. This project has the potential to restore and enhance up to approximately 11,121 LF of stream. The streams to be restored or enhanced have been impacted by channelization, loss or degradation of riparian buffers, past land use disturbances, current agricultural use, and direct livestock access (see photos throughout proposal). Approximately 79% of the total streambank length is experiencing active bank erosion (Figure 10), and 100% of the total stream length is actively subject to onsite water quality stressors resulting from livestock access and/or the lack of a diverse high -quality riparian buffer (Figure 12). Approximately 75% of the total stream length exhibits significant, obvious incision (BHR > 1.5) as detailed in Figure 9. The proposed project will provide or improve floodplain access to all reaches undergoing Restoration. For any project reach along which Priority Level II Restoration will be utilized (transitional areas), the following elements will be incorporated into the proposed design and construction to the extent possible: • Floodplain bench excavation grading will extend beyond the stream belt width such that meandering floodplains are not created. • All proposed floodplains will be constructed such that they are over -excavated to accommodate replacement of topsoil. • Design and construction oversight measures will ensure the proper harvesting, segregating, stockpiling, storage, handling, overall management and replacement of A and B soil horizon materials onto the excavated floodplain. • Constructed return slopes between the outer edge of the excavated floodplain and the terrace will be a minimum of 5:1 or flatter. Michael Baker will continue to compile and assess watershed information including: drainage areas, historical land uses and development trends, geologic setting, soil types, and terrestrial plant communities. Project reach designs will use appropriate field investigations, hydraulic and hydrologic models, and regional curves to verify proposed bankfull channel dimensions. Michael Baker will use the results of the existing condition analyses along with reference reach data from previous projects to develop a proposed stream restoration design for the project reaches. This design will utilize multiple restoration design techniques and approaches that have been successfully implemented on past projects, including natural channel design methodology, under which dimensionless ratios from reference reach and past project experience are used to restore stable dimension, pattern, and profile, as well as proper sediment -transport for the proposed reach. The proposed project will provide increased floodplain access throughout the project area for MS and many of the proposed tributaries and each will be monitored to demonstrate floodplain function. The stream channel design will include analysis of the hydrology, hydraulics, shear stress, sediment transport, and appropriate channel dimensions. The Page 34 I H T E R H A T 1 0 H A L Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP #tb-007875 / CU #03050101 hydrology and hydraulics will include analysis of the bankfull discharge and comparison of the reference reach ratios to design ratios from past projects under similar geomorphic and geographic settings which have proved successful. The bankfull discharge will be used to develop the proposed channel dimension and to assess performance. Sediment transport calculations and stream power analyses will be performed for the existing channels and the design channels for comparison. Specifically, Michael Baker will perform representative pebble counts and will collect bar and/or sub - pavement samples to evaluate bed material characteristics and sediment transport. The bed material will be sieved and a grain size distribution developed. The results of the substrate analyses will be used to classify the streams and to complete shear stress, sediment transport, and stability analyses. Michael Baker will use the critical shear stress and boundary shear stress analysis approaches to verify that the channels as designed will not aggrade nor degrade. Whenever possible, in -stream structures will be constructed only from materials naturally found at the project site such as hardwood logs, brush, stone, and boulder materials. To ensure sustainability of those structures, Michael Baker will only use methods of structure design and construction that have proven successful on numerous past projects in the same geographic region. Michael Baker has field verified that the project site has adequate, viable construction access, staging, and stockpile areas. Note that crossings account for roughly 2% of the proposed stream length. The same site access points and features will be used for future access after the completion of construction. Where practicable, impacts to existing native riparian buffer vegetation, particularly mature native trees, will be minimized. The use of native riparian buffer transplants will be maximized as well. Proposed Restoration Approaches: Option A MS — Restoration A Priority Level 1 restoration approach is proposed for the MS to fully restore stream and associated buffer functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, and excessive fine sedimentation in the channel. This systemic instability will likely continue, since the existing channel is so very incised and has mostly vertical banks without access to a floodplain. The channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. This floodplain area will also act as a sediment sink providing storage of sediment from upstream sources instead of sending all the sediment load downstream. This will help accomplish one of the main goals in the RBRP plan of removing excess sediment. Mainstem Bank Erosion Livestock Cooling in Mainstem A Priority Level 2 approach will be used at the beginning of the reach where the channel will be raised, on both the upstream and downstream sections of Drumstand Rd, and at the end of the reach as needed to match existing elevations. This approach will continue until the bankfull elevation matches the existing valley elevation. Over these short sections, a bankfull bench will be excavated to provide the stream floodplain access. The reach will be designed as a Rosgen C4 stream type and will restore appropriate riffle -pool morphology. This overall approach will restore appropriate meander geometry and incorporate deep pools. This will greatly improve habitat throughout this reach. In -stream structures such as constructed riffles, cross vanes and j-hook vanes, will be constructed using boulder, stone, brush, and log materials. ! N T E R N A 7 1 0 N A L Page 35 Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #tb-007875 / CU #03050101 This technique will provide the appropriate bedform morphology, protect stream banks, improve aquatic habitat, and ensure grade control along this reach. Channel banks will be graded to stable slopes and the adjacent floodplain will be re -connected to promote stability and improve ground water hydrology. Bioengineering techniques such as geolifts, root wads, toe wood, brush layers, and live stakes will also be used to protect restored stream banks and to promote woody vegetation growth along the stream banks, particularly in high stress areas. The old channel will be filled using suitable material up to the floodplain elevation. Some areas on the existing channel may be only partially filled to create vernal pool areas. Mature native trees will be located in our site survey and the stream design will avoid impacting as many of these trees as possible. Any small native trees or shrubs will be protected or transplanted whenever possible. Invasive vegetation will be mechanically removed during construction and will be chemically treated after that. Riparian buffers at least 50 feet in width will be restored and protected along all of the MS. There will be 2 rock crossings installed along the MS so that livestock can utilize pasture areas on both sides of the conservation easement. These crossings will be gated so they can be utilized when needed. UT1: Manipulated Section UT1 — Restoration A Priority Level 1 restoration approach is proposed for reach UT1 to fully restore stream and associated buffer functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, channel incision, several headcuts, and excessive fine sedimentation found throughout the reach. This systemic instability will likely continue, since the existing channel has unstable banks without access to a full floodplain. As such, the channel will be raised to reconnect the stream to its historic floodplain to promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. The floodplain area will also act as a sediment sink providing storage of sediment from upstream sources instead of sending all the sediment load downstream into the MS. The large debris berm of soil and timber waste located along the left bank of UT1 will be removed, and the woody debris converted to wood chips to use as a soil amendment for the buffer. Invasive species will be treated and a full 50 ft wide buffer will be planted along both stream banks. The floodplain in the lowermost section of UT1 near its confluence with the MS exhibits extensive areas of hydric soils and wetland vegetation, and thus the restoration will help restore a more appropriate hydrology to this area as well. A BMP will also be installed along an ephemeral drainage running into the left bank of Reach UT1 that currently carries sediment -laden flow from the adjacent timbered cutover area. UT1A — Enhancement I Reach UT1A is a degraded spring -fed reach that merges with UT113 to form reach UT1. It has headcuts in the channel and is incised with little access to a floodplain. However, its banks are moderately unstable with localized bank erosion found in sections, and the buffers are partially functioning. Thus, Enhancement Level I work is proposed for this reach that includes; sloping, matting, and live staking the sections of stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT1B — Enhancement I Reach UT113 is a degraded spring -fed reach that merges with UT1A to form reach UT1. It has headcuts in the channel and is incised with no access to even a small floodplain. The banks are highly eroding; however, the buffers are mostly functioning. Thus, Enhancement Level I work is proposed for this reach that includes; sloping, matting, and live staking the small sections of stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. Page 36 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP #tb-007875 / CU #03050101 UT2: Entrenched Cross Section (note tape) UT2— Restoration A Priority Level 1 restoration approach is proposed for reach UT2 to fully restore stream and associated buffer functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, and excessive fine sedimentation in the channel. This systemic instability will likely continue, since the existing channel is so very incised and has mostly vertical, unstable banks without access to a floodplain. The channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. This floodplain area will also act as a sediment sink providing storage of sediment from upstream sources instead of sending all the sediment load downstream into the MS. Livestock will be permanently excluded from the channel. Invasive species will be treated and a full 50 ft wide buffer will be planted along both stream banks. The few large trees found scattered along the left bank of the reach will be left in place wherever possible. UT2A — Enhancement II UT2A is a highly degraded, intermittent, spring -fed reach that flows into the top section of UT2. However, the existing channel is generally stable with only localized bank erosion. It is incised and has no access to even a small floodplain. Enhancement Level II work is proposed for this reach that includes; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing structures to prevent future headcuts, treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT3 — Restoration (Upstream) and Enhancement II (Downstream) A Priority Level 1 restoration approach is proposed for the upstream half of reach UT3 to fully restore stream and associated buffer functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, and areas of excessive fine sedimentation in the channel. The channel will be raised to reconnect the stream to its historic floodplain, promoting more frequent overbank flooding and reducing erosive stream energies during storm events greater than the bankfull discharge. However, the downstream half of the reach, while still significantly incised and lacking a full riparian buffer, appears more stable overall with established vegetation found along its banks. Thus, an Enhancement Level II approach is proposed here that includes; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing a few in -stream structures where appropriate; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT3A — Restoration A Priority Level 1 restoration approach is proposed for reach UT3A to fully restore stream functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, multiple headcuts, and areas of fine sedimentation in the channel. This systemic instability will likely continue, since the existing channel is incised, has mostly vertical banks without access to a floodplain. The channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. UT3B: Bank Erosion UT3B — Restoration A Priority Level 1 restoration approach is proposed for reach UT313 to fully restore stream functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, multiple headcuts, and areas of fine sedimentation in the channel. This systemic instability will likely continue, since the existing channel is incised, has mostly vertical banks without access to a floodplain. The channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. This reach is also located through a forested area that may be cut for timber. I N T E R N AT 10 N A L Page 37 Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Thus, the restoration and protection of this reach through a conservation easement is very important to protect downstream reaches of the project. UT4— Enhancement II (Upstream) and Restoration (Downstream) The upstream section of reach UT4 has several significant headcuts and signs of general channel degradation, but has stable, if quite steep banks, and a fully functioning riparian buffer along one bank. Thus, an Enhancement Level II approach is proposed that would add in -stream structures to eliminate the headcuts, treat any invasive species, and reestablish a full riparian buffer on the right bank. However, a Priority Level 1 restoration approach is proposed for the downstream section of reach UT4 to fully restore stream and associated buffer functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, multiple headcuts, and excessive fine sedimentation found throughout the channel. This systemic instability will likely continue, since the existing channel is very incised, has significant livestock presence here, and has mostly vertical banks without access to a floodplain. The channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. The floodplain in the lowermost section of UT4 near the MS exhibits extensive areas of hydric soils and wetland vegetation, and thus the restoration will help restore a more appropriate hydrology to this area as well. Proposed Restoration Approaches: Option B The proposed approaches for Option B remain the same as described above in Option A for Reaches MS, UT2, UT3, and UT3a. The differences for Reaches UT1, UT1A, UT1B, UT2A, UT3B, and UT4 are described below: UT1— Enhancement I (Upstream) and Restoration (Downstream) An Enhancement Level I approach is proposed for the upper section of UT3B. While incised, and lacking a full riparian buffer on both sides, it has relatively stable banks with herbaceous vegetation more commonly observed as compared to the downstream section. The stream channel, while certainly degraded, is also not as degraded as compared to the downstream section either. Thus, an Enhancement Level I approach is proposed here that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. By comparison, a Priority Level 1 restoration approach is still proposed for the downstream section of reach UT1 to fully restore stream and associated buffer functions. This section of the reach currently exhibits lateral and vertical instability as shown by active bank erosion, channel incision, several headcuts, and excessive fine sedimentation found throughout the reach. This systemic instability will likely continue, since the existing channel has unstable banks without access to a full floodplain. As such, the channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. The floodplain area will also act as a sediment sink providing storage of sediment from upstream sources instead of sending all the sediment load downstream into the MS. The large debris berm of soil and timber waste located along the left bank of UT1 will be removed, and the woody debris converted to wood chips to use as a soil amendment for the buffer. Invasive species will be treated and a full 50 ft wide buffer will be planted along both stream banks. The floodplain in the lowermost section of UT1 near its confluence with the MS exhibits extensive areas of hydric soils and wetland vegetation, and thus the restoration will help restore a more appropriate hydrology to this area as well. A BMP will also be installed along an ephemeral drainage running into the left bank of Reach UT1 that currently carries sediment -laden flow from the adjacent timbered cutover area. UT1A — Enhancement II Reach UT1A is a degraded spring -fed reach that merges with UT1B to form reach UT1. It has headcuts and is incised with no access to even a small floodplain. However, its banks are moderately eroding and the buffers are partially functioning. Thus, Enhancement Level II work is proposed under this option for UT1A that includes; sloping, matting, and live staking the sections of stream banks where active bank erosion is occurring; treating invasive species present; and planting a full 50 ft buffer on both sides of the channel. Page 38 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 UT1B — Enhancement II Reach UT1B is a degraded spring -fed reach that merges with UT1A to form reach UT1. It has numerous headcuts and is incised with no access to even a small floodplain. The banks are highly eroding; however, the buffers are mostly functioning. Thus, Enhancement Level II work is proposed for this reach that includes; sloping, matting, and live staking the small sections of stream banks where active bank erosion is occurring; treating invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT2A — Enhancement II The Enhancement Level II approach described previously for UT2A is still proposed here for Option B but will start roughly halfway down the previous extent of the reach at a significant headcut. This lower reach section is a highly degraded, intermittent, spring -fed reach that flows into the top section of UT2. However, the existing channel is generally stable with only localized bank erosion. It is incised and has no access to even a small floodplain. Enhancement Level II work is proposed for this reach that includes; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing structures for grade control; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT313 — Restoration (Upstream), Enhancement I (Middle) and Restoration (Downstream) An Enhancement Level I approach is proposed for the middle section of UT3B. Incision in the middle section is variable with some areas of low bank passing into areas of high banks, it has a full riparian buffer and relatively stable banks with herbaceous vegetation present in several sections. The stream channel, while degraded, is not as degraded as compared to the downstream section either, with some macrobenthic species and fish observed. This section of stream is also located through a forested area most likely to be cut for timber, so the repair and protection of this upper section is very important to the downstream reaches of the project. Thus, an Enhancement Level I approach is proposed here that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and replanting a full 50 ft buffer on both sides of the channel. By comparison, a Priority Level 1 Restoration approach is proposed for the upstream and downstream section of UT3B to fully restore stream functions. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, multiple headcuts, and areas of fine sedimentation in the channel. This systemic instability will likely continue, since the existing channel is incised, has mostly vertical banks without access to a floodplain. The channel will be raised to reconnect the stream to its historic floodplain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. UT4— Enhancement II (Upstream) and Enhancement I (Downstream) The upstream section of reach UT4 has several significant headcuts and signs of general channel degradation, but has stable, if quite steep banks, and a fully functioning riparian buffer along one bank. Thus, an Enhancement Level II approach is proposed that would add in - stream structures to eliminate the headcuts, treat any invasive species, and reestablish a full riparian buffer on the right bank. The downstream section of UT4 is significantly incised, lacks any riparian buffer, and has a highly degraded channel with multiple significant headcuts, excessive fine sedimentation, and with a common livestock presence. However, while there are sections of actively eroding banks, they are predominantly covered in herbaceous vegetation and are relatively stable. Thus, an Enhancement Level I approach is proposed here that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing all headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. Proposed Restoration Approaches: Option C The proposed approaches for Option C remain the same as described above in Option B for Reaches UT1A, UT1B, UT2, UT2A, and UT4. The differences for Reaches MS, UT1, UT3, MA, and UT3B are described below: MS — Enhancement I (Upstream) and Restoration (Downstream) Reach MS currently exhibits significant lateral and vertical instability as shown by large sections of active bank erosion, extreme incision, and excessive fine sedimentation in the channel. This systemic instability will likely continue, since the existing channel is very incised and has mostly vertical banks without access to a floodplain. Thus, a Priority Level I Restoration is still proposed for the majority of the reach, to fully restore stream and associated buffer functions. Page 39 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 The channel in this section will be raised to reconnect the stream to its historic flood plain. This will promote more frequent overbank flooding thus reducing erosive stream energies during storm events greater than the bankfull discharge. This floodplain area will also act as a sediment sink providing storage of sediment from upstream sources instead of sending all the sediment load downstream. However, for the upstream section of MS, where the channel is particularly incised and where the buffer is more functioning, an Enhancement Level I approach is proposed under this option. This approach will include; sloping, matting, installing brush-toe/root wads in bends, and live staking the stream banks where active bank erosion is occurring; installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT1— Enhancement I An Enhancement Level I approach is proposed for UT1. While moderately incised, and lacking a full riparian buffer on both sides, it has somewhat stable banks with herbaceous vegetation observed growing in many sections. The stream channel is degraded with numerous headcuts and fine sedimentation found throughout. Thus, an Enhancement Level I approach is proposed under this option that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. The large debris berm of soil and timber waste located along the left bank of UT1 will be removed, and the woody debris converted to wood chips to use as a soil amendment for the buffer. Additionally, a BMP will be installed along an ephemeral drainage running into the left bank of Reach UT1 that currently carries sediment - laden flow from the adjacent timbered cutover area. UT3 — Enhancement I (Upstream) and Enhancement II (Downstream) An Enhancement Level I approach is proposed for the upstream half of reach UT3. This section shows lateral and vertical instability as it is significantly incised and has sections of actively eroding banks. The stream channel is also degraded in sections with headcuts and fine sedimentation observed. It also lacks a fully functioning riparian buffer on both sides. Thus, an Enhancement Level I approach is proposed under this option that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. By comparison, the downstream half of the reach, while still significantly incised and lacking a full riparian buffer, appears more stable overall with established vegetation found along its banks. Thus, an Enhancement Level II approach is proposed here that includes; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing a few in -stream structures where appropriate; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT3A — Enhancement I An Enhancement Level I approach is proposed for UT3A under this option. The reach currently exhibits lateral and vertical instability as shown by active bank erosion, extreme incision, multiple headcuts, and areas of fine sedimentation in the channel. Thus, the Enhancement Level I approach is proposed that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and planting a full 50 ft buffer on both sides of the channel. UT313 — Enhancement I (Upstream), Enhancement II (Middle) and Enhancement (Downstream) An Enhancement Level II approach is proposed for the middle section of UT3B under this option. While significantly incised, it has a full riparian buffer and relatively stable banks with herbaceous vegetation present in several sections. The stream channel, while degraded, is not as degraded as compared to the downstream or upstream section. This section of stream is also located through a forested area which could be cut for timber, so the repair and protection of this upper section is very important to the downstream reaches of the project. Thus, an Enhancement Level II approach is proposed here that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; treating any invasive species present; and re -planting a full 50 ft buffer on both sides of the channel. However, an Enhancement Level I approach is proposed for the upstream and downstream section of UT3B under this option. These reaches currently exhibit lateral and vertical instability as shown by active bank erosion, extreme incision, multiple headcuts, and areas of fine sedimentation in the channel. Page 40 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Thus, the Enhancement Level I approach is proposed that will include; sloping, matting, and live staking the stream banks where active bank erosion is occurring; repairing any headcuts and installing in -stream structures to create or improve channel features (riffles/pools) and habitat; treating any invasive species present; and replanting a full 50 ft buffer on both sides of the channel. The potential for timber harvest along these sections makes the repair and permanent protection of this reach through a conservation easement is very important to protect downstream reaches of the project. BMP Considerations Michael Baker plans to install a wet pond BMP within the easement at the outfall of the farm pond where it connects into Reach MS. Pond outfall water quality is notoriously poor, often being warmer and more oxygen deficientthan ideal for aquatic organisms. The outfall of the BMP will consist of deep step - pools to oxygenate the waterjust priorto discharge back into the MS, while the BMP will ultimately be shaded, providing a cooling effect. Cattle also lounge in the pond outfall near this location so the BMP will also help remove nutrients and bacteria as well. A second BMP will also be installed along an ephemeral drainage running into the left bank of Reach UT1 approximately 325 feet from BMP Example (Browns Summit 2019) the top of the reach that currently carries overland flow from the adjacent timbered cutover area. Scour during storm events is evident, with rill and gully formation occurring here, carrying with it significant sediment loads into UT1. The timbered field is being prepped for use as pasture for livestock, so the BMP will ultimately capture and reduce sediment, nutrients, and bacteria from entering the MS. If during analysis and design, it is determined that a more beneficial BMP would be appropriate for this location; or at another location due to site constraints, soils or concentrated drainageways such as the crossing on UT3; an alternative BMP will be used or an additional BMP may be proposed in the mitigation plan. Conservation Easement Boundary Marking Immediately following site construction and planting, the conservation easement boundaries will be permanently marked and posted. All boundary marking, posting and signage will be in accordance with the applicable NCDMS, North Carolina State Properties Office, and State of North Carolina standards. Restoration of Riparian Buffers Riparian buffers that are at least 50 feet from the top of banks, will be restored along all proposed stream restoration and enhancement reaches. The proposed vegetative plant selection for stream and wetland buffer areas will Boundary Marking Example incorporate native species that follow those described by Schafale and (Browns Summit2017) Weakley (1990) for a Piedmont/Low Mountain Alluvial Forest and tolerances cited in Wetlands Research Program Technical Note VN-RS-4.1 (WRP 1997). The natural vegetation community will include the appropriate strata (canopy, understory, shrub, and herbaceous species) based on an appropriate reference community. Within the four different strata, a variety of species will be planted to create an appropriate, diverse plant community such below as that shown in Table 3. Moderately flood -tolerant species are able to survive on soils that are saturated or flooded for several months during the growing season. Flood -tolerant species are able to survive on sites in which the soil is saturated or flooded for long to indefinite periods during the growing season (WRP 1997). Species planted across the stream banks, floodplains, and upland areas will include a mixture of native species that are appropriate for the local region and for the site -specific dry or wet conditions. Planting will be done at a density that gives the best opportunity to achieve the vegetative success criteria outlined in Part 5. Page 41 I H T E R H A T 1 0 N A t "• --� s Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 Table 3. Summary Information for Natural Vegetation Community. Froxinus pennsylvanica Green Ash Canopy FACW Betula nigra River Birch Canopy FACW Quercus rubra Red Oak Canopy FACU Quercus phellos Willow Oak Canopy FAC Liriodendron tulipfera Tulip Poplar Canopy FACU Platanus occidentalis American Sycamore Canopy FACW Diospyros virginiana Common Persimmon Canopy FAC Celtis laevigata Sugarberry Canopy FACW Acer negundo Boxelder Understory FAC Viburnum nudum Possomhaw Viburnum Understory OBL Carpinus carolinianum Ironwood Understory FAC Hamamelis virginiana Witch -hazel Understory FACU Halesia caroliniana Silverbell Understory FAC Asimina triloba Paw Paw Understory FAC Cornus amomum Silky Dogwood Shrub Layer FACW Salix nigra Black Willow Shrub Layer OBL Sambucus Canadensis Elderberry Shrub Layer FAC Physocarpus opulifolius Ninebark Shrub Layer FACW Alnus serrulata Tag Alder Shrub Layer OBL Salixsericea Silky Willow Shrub Layer OBL Corylus americana Hazelnut Shrub Layer FACU Chasmanthium latifolium River Oats Herbaceous Layer FACU Carex tenera Quill Sedge Herbaceous Layer FAC Carex crinita Fringed Sedge Herbaceous Layer OBL Andropogon virginicus Broom Sedge Herbaceous Layer FACU Vernonia noveboracensis New York Ironweed Herbaceous Layer FACW Juncus effuses Soft Stem Rush Herbaceous Layer FACW Andropogon glomeratus Bushy Bluestem Herbaceous Layer FACW Eutrochium fistulosum Joe-Pye Weed Herbaceous Layer FACW Michael Baker and KBS have a successful planting strategy which includes early successional, as well as climax species. The vegetation selections will be stratified throughout the project area so that the early successional species may give way to climax species in all areas. The early successional species which have proven successful include river birch, boxelder, and persimmon. The successful climax species include oaks, sycamore, and tulip poplar. All understory and shrub layer species are considered to be climax species in the riparian buffer community. It is understood that riparian buffer conditions at mature reference sites do not reflect those seen at planted or successional buffer sites until the woody species begin to establish and compete with herbaceous vegetation. To account for this, a riparian buffer planting with a combination of overstory and understory species, planted at 680 stems per acre, is typically utilized. Michael Baker will also consider, via prescription in the mitigation plan, the revegetation and supplemental planting of larger and older planting stock to modify species density and type. This consideration will be utilized particularly to increase the rate of buffer establishment and buffer species variety. Examples might include the selective supplemental planting of older mast producing species as potted stock in later years for increased survivability. This technique can be effective as it avoids sun scald common with bare root planting at initial revegetation. Page 42 I H T E R H A T 1 0 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 As part of the proposed project, invasive exotic vegetation will be treated within the proposed conservation easement areas. Invasive species will be mechanically removed during site construction and chemical applications of herbicide will be applied to individual specimens that were unable to be removed or have re -sprouted. This will continue through the monitoring period. These efforts will aid in the establishment of native riparian species within the restored riparian buffer areas. Expected Water Quality Benefits Along the project stream reaches, 100% of the stream banks have inadequate riparian buffers. Additionally, livestock have potential unrestricted access to all of the project streams. While there are buffer areas that vary in density from no trees to areas with mature trees, these areas are of poor general quality. Livestock graze (and have overgrazed portions) herbaceous vegetation, hoof shear has created a disturbed and eroding soil surface and stream banks, and animals have damaged the roots and bark of many buffer trees. The proposed buffer areas for the project site will have a diverse vegetation community replanted to appropriate densities and will be permanently protected. The leaves that these trees will drop every fall will increase the standing litter on the ground, reducing runoff, improving soil health and providing detritus that supports aquatic food chains. The restored riparian buffer vegetation will also help remove nutrients that livestock produce with commonly accepted nutrient reduction removal efficiency rates of 60 to 70% (Mayer et al., 2007). Cattle grazing adjacent to streams can directly contribute contaminants such as sediment, nutrients, and pathogens to the stream by fecal deposition and indirectly by cattle traffic stirring up sediment, trampling streambanks, and increasing bank erosion (Kauffman et al., 1983; Kauffman and Kruger, 1984; Marlow et al., 1987; Trimble, 1994; Trimble and Mendel, 1995; Belsky et al., 1999; Bagshaw, 2002; Sarr, 2002). Cooper et al. (1995) stated that the exclusion of cattle from riparian zones may act like a riparian buffer thereby reducing runoff and improving water quality. Miller et al. (2010) concluded that the improved environmental quality of cattle -excluded areas are the result of decreased runoff and greater infiltration due to greater vegetation cover, more standing litter, decreased bare soil, and lower soil compaction. Owens et al. (1996) stated that livestock exclusion from riparian areas reduced the sediment yield from a cattle pasture by up to 40%, as documented over a 13-year monitoring period. In addition to sediment reduction, studies have shown that livestock exclusion results in reductions in nitrogen and phosphorus loads and exports. James et al. (2007) estimated that excluding pastured cattle from streams resulted in a 32% reduction of in -stream deposition of fecal phosphorous in Cannonsville Watershed of southeastern New York. Jones and Knowlton (1999) noted 52% reductions in downstream total phosphorus after dairy cows and calves were fenced out of a stream, while Line et al. (2000) reported a 76% reduction in total P when dairy cattle were excluded from a North Carolina stream. Using the DMS-recommended water quality benefit quantification tools (DMS 2016), the nutrient load reduction due to the restoration of riparian buffers and cattle exclusion to the adjacent streams was estimated to be 1,414 Ibs/year for Total Nitrogen, and 117 Ibs/year for Total Phosphorus. The fecal coliform bacteria load reduction was estimated to be 6.OX1012 col/year. The proposed buffer areas for the project site will have vegetation replanted to appropriate densities and permanently protected to exclude all livestock. Functional Uplift: In their current condition, the project reaches and riparian buffer areas are highly degraded as a result of past channelization, ongoing cattle access, land use disturbance, and buffer degradation. The maximum possible functional uplift will be achieved by: • Providing stable channel forms to reduce bank erosion and sedimentation. • Restoring and protecting riparian wetlands along the project stream reaches. • Restoring quality riparian buffer vegetation to promote native species, improve vegetation densities, filter flood flows and runoff, treat invasive species, and increase riparian habitat value. • Providing improved floodplain connection to dissipate flood energies, filter storm flows, and promote sediment and debris deposition on the floodplain and banks. • Restoring diverse aquatic and terrestrial habitats that are appropriate for the ecoregion and landscape setting. Page 43 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP #16-007875 / CU #03050101 Restoring and extending wildlife corridors that connect to existing wooded areas and natural communities at the periphery of the project site. • Reducing nutrient and sediment loadings by restoring riparian buffers, stabilizing streambanks, and excluding cattle. Proposed Mitigation: This technical proposal describes the proposed stream mitigation approaches for the Big Branch Mitigation Project. The work will include restoration and enhancement of approximately 12,630 LF of existing stream. The approaches outlined in Option A will yield approximately 11,691 warm water stream mitigation credits (Figure 13A), while those in Option B will yield approximately 10,958 credits (Figure 13B), and those in Option C will yield approximately 9,676 credits (Figure 13C). Any additional credits developed within the conservation easement areas above the contracted amount will be available to NCDMS as part of the proposed project. The proposed amounts of stream mitigation credits are presented in below in Table 4. Table 4. Proposed Stream Mitigation Credit Summary for the Big Branch Mitigation Project Option A Reach Type of Mitigation' R Existing Stream Length [LF) 5,903 ProposedProject Length [LF) 5,903 1:1 5,903 UT1 R 1,312 1,310 1:1 1,310 UT1A El 282 282 1.5:1 188 UT1 B El 215 215 1.5:1 143 UT2 R 1,178 1,178 1:1 1,178 UT2A Ell 309 309 2.5:1 124 UT3 R 562 562 1:1 562 UT3 Ell 544 544 2.5:1 218 UT3A R 248 248 1:1 248 UT3 B R 1,161 1,050 1:1 1,050 UT4 R 668 668 1:1 668 UT4 Ell 248 248 2.5:1 99 Total Potential Stream Credits 11,691 Total Stream Proposed for Contract 10,000 Note 1: R= Restoration, EI=Level I Enhancement, Ell=Level 11 Enhancement, P=Preservation. Page 44 ! N T E R N A 7 1 0 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN/ RFP #16-007875 / CU #03050101 Option B Reach Ms Type of Mitigation R Existing Stream Length (LIF) 5,903 ProposedProject Length (LIF) 5,903 1:1 5,903 UT1 R 825 825 1:1 825 UT1 El 485 485 1.5:1 323 UT1A Ell 282 282 2.5:1 113 UT1113 Ell 215 215 2.5:2 86 UT2 R 1,178 1,178 1:1 1,178 UT2A Ell 186 186 2.5:1 74 UT3 R 562 562 1:1 562 UT3 Ell 544 544 2.5:1 218 UT3A R 248 248 1:1 248 UT3113 R 550 550 1:1 550 UT3113 El 500 500 1.5:1 333 UT4 El 668 668 1.5:1 445 UT4 Ell 248 248 2.5:1 99 Total Potential Stream Credits 10,958 Total Stream Proposed for Contract 10,000 Option C Reach UT1 Type of Mitigation E1 Existing Stream Length (LIF) 1,310 ProposedProject Length (LIF) 1,310 1.5:1 873 UT1A Ell 282 282 2.5:1 113 UT1113 Ell 215 215 2.5:2 86 UT2 R 1,178 1,178 1:1 1,178 UT2A Ell 186 186 2.5:1 74 UT3 El 562 562 1.5:1 375 UT3 Ell 544 544 2.5:1 218 UT3A El 248 248 1.5:1 165 UT3113 El 450 450 1.5:1 300 UT3113 Ell 600 600 2.5:1 240 UT4 El 668 668 1.5:1 445 UT4 Ell 248 248 2.5:1 99 Total Potential Stream Credits 9,676 Total Stream Proposed for Contract 9,100 Current Ownership and Long -Term Protection Michael Baker will transfer a conservation easement to the State of North Carolina for the Big Branch Mitigation Project. This conveyance will serve as the long-term protection of the mitigation site. Michael Baker has entered into an Option Agreement for the acquisition of a conservation easement with the landowners along the Big Branch Mitigation Project (Table 5). The Option Agreements have been recorded with the Alexander County Register of Deeds and is valid for a period of greater than two years from the closing date of this RFP. A copy of the Memorandum of Option Agreement is provided in the appendices, and is summarized in Table 5. Page 45 I N T E R N A 7 1 0 N A L Big Branch Mitigation Project CATAWBA RIVER BASIN / RFP #16-007875 / CU #03050101 A copy of the North Carolina Division of Mitigation Services Landowner Authorization Form has been signed by the project landowner. The Option Agreement allows Michael Baker to proceed with the project and to restrict the land -use in perpetuity through a permanent conservation easement. Michael Baker is prepared to close on the project area after contract award by NCDMS and will provide, at any time, copies of the deeds of easement, titles, surveys, and any maps as required. Table 5. Summary Information of Current Land Ownership for the Big Branch Mitigation Project. Int Owners of Record Option Agreement Date Duration of Agreeme :J Smith Family July 10, 2019 July 10, 2022 Hull Family July 10, 2019 July 10, 2022 Note: A copy of the Memorandum of Option Agreement is provided in the appendices. Project Phasing Michael Baker has extensive stream restoration experience and understands the most recent mitigation requirements and standards. Accordingly, Michael Baker is in a strong position to implement this project in a timely and effective manner. Upon contract execution for the Big Branch Mitigation Project, Michael Baker will implement the project schedule below. Scheduled Completion Time Scheduled Completion Date Project Task hft — date of contract execution) (assuming contract execution on October 1, 2019) Task 1. Regulatory Site Visit and 6 months April 1, 2020 Environmental Screening Task 2. Submit Recorded Conservation 10 months August 1, 2020 Easement on the Site Task 3. Mitigation Plan (Final Draft) and Financial Assurance 14 months December 1, 2020 Task 4. Mitigation Site Earthwork Completed 21 months July 1, 2021 Task 5. Mitigation Site Planting and 27 months January 1, 2022 Installation of Monitoring Devices Task 6. Baseline Monitoring Report (including 29 months March 1, 2022 As -built Drawings) Task 7. Submit Monitoring Report #1 to 35 months December 1, 2022 NCDMS (meets success criteria) Task 8. Submit Monitoring Report #2 to 38 months December 1, 2023 NCDMS (meets success criteria) Task 9. Submit Monitoring Report #3 to 50 months December 1, 2024 NCDMS (meets success criteria) Task 10. Submit Monitoring Report #4 to 62 months December 1, 2025 NCDMS (meets success criteria) Task 11. Submit Monitoring Report #5 to 74 months December 1, 2026 NCDMS (meets success criteria) Task 12. Submit Monitoring Report #6 to 86 months December 1, 2027 NCDMS (meets success criteria) Task 13. Submit Monitoring Report #7 to NCDMS and complete Project Close-out 91 months May 1, 2028 process (meets success criteria) Page 46 ! N T E R N A 7 1 0 N A L Big Branch Mitigation Project %yJ CATAWBA RIVER BASIN/ RFP #16-007875 / CU #03050101 Success Criteria Michael Baker has obtained regulatory approval for numerous stream and wetland mitigation projects (Perm itee-Responsible and for NCDOT, NCDMS, and The Nature Conservancy full -delivery projects). The stream restoration design and applied success criteria for the project site will follow approved success criteria presented in the mitigation plan, developed in compliance with the NCDMS Stream and Wetland Mitigation Plan Template and Guidance (June 2017), as well as the Stream Mitigation Guidelines issued in April 2003 and the Wilmington District Stream and Wetland Compensatory Mitigation Update (October 2016). In addition, the monitoring success criteria, practices, and corresponding reporting will follow the NCDMS Stream and Wetland Mitigation Monitoring Guidelines issued in April 2015 and June 2018, the NCDMS As -built Baseline Monitoring Report Format, Data Requirements, and Content Guidance issued in June 2017, and the NCDMS Annual Monitoring Template (June 2017), and Closeout Template Guidance v2.2, January 2016. Monitoring activities will be conducted for a period of seven years with the final duration dependent upon performance trends toward achieving project goals and objectives. Stream Restoration and Enhancement Level I Success Criteria Stream Hydrology: Four bankfull flow events must be documented within the seven-year monitoring period. The four bankfull events must occur in separate years. Otherwise, the stream monitoring will continue until four bankfull events have been documented in separate years. Additionally, continuous surface water flow within the tributaries must be documented to occur for at least 30 consecutive days each year. Drew Powers Monitoring at St. Clair May 2019 Monitoring: IRT Review Meeting at St. Claire May2019 Bank Height Ratios: BHR shall not exceed 1.2 at any of the measured riffle cross sections. This standard only applies to restored reaches of the channel where BHRs are corrected through design and construction. The annual change in BHR should not exceed 10% as measured between years where cross section surveys take place. Entrenchment Ratio: Entrenchment Ratio (ER) shall be no less than 1.4 at any of the measured riffle cross sections. This standard only applies to restored reaches of the channel where entrenchment ratios are corrected through design and construction. The annual change in entrenchment ratio should not exceed 10% as measured between years where cross section surveys take place. Visual Assessment: Visual monitoring of all sections of the project, to include representative photographic documentation, will be conducted annually for each of the years of monitoring, and will be inclusive of the Current Conditions Plan View (CCPV) and tables that house the visual assessment metrics. Visual assessments will be undertaken for bank and bed stability, condition of in -stream structures, channel migration, headcuts, live stake mortality, impacts from invasive plant or animal species, and condition of pools and riffles. Inspections will also include assessments of riparian buffer conditions. 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 excessive increase in channel depth. Lateral photos should not indicate excessive erosion or continuing degradation of the banks. A series of photos over time should indicate successional maturation of riparian vegetation. Stream Enhancement Level II Success Criteria: Success criteria for Enhancement II stream reaches will follow the success criteria for Visual Assessment and Vegetation Success Criteria as outlined herein. Vegetation Success Criteria The interim measures of vegetative success for the project will be the survival of at least 320, three -year -old trees per acre at the end of Year Three of the monitoring period and at least 260, five -year -old, trees per acre at the end of Year 5 Page 47 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / ClJ #03050101 of the monitoring period. Final success criteria will be a density no less than 210, seven -year -old stems per acre in Year 7 of monitoring. Additionally, trees in each plot must average six feet in height at Year 5 and eight feet in height at Year 7. A listing of preferred species to be planted on the site is provided in Table 3. Method of Reporting on Success Criteria In accordance with the approved mitigation plan, the baseline monitoring document and as -built monitoring report documenting the implementation of stream mitigation plan will be developed within 60 days of the planting completion and monitoring installation on the restored site. In addition, a period of at least 180 days will separate the as -built baseline measurements and the first -year monitoring measurements. The baseline monitoring document and as -built baseline report will include all information required by the current NCDMS templates and guidance referenced above, including planimetric (plan view) and elevation (profile view) information, photographs, sampling plot locations, description of initial species composition by community type, and monitoring stations. The report will include a list of the vegetation species planted and the associated planting densities. The monitoring program will be implemented to document system development and progress toward achieving the success criteria referenced above. At least 180 days will separate the completion of initial vegetation planting and the initiation of first year monitoring. Stream morphology, stream hydrology, as well as vegetation, will be assessed to determine the success of the mitigation. The monitoring program will be undertaken for seven years or until the final success criteria are achieved. For stream Enhancement II monitoring will be limited to visual assessment and vegetation success. Monitoring reports will be prepared in the fall of each year of monitoring and submitted to NCDMS by December 1 of each monitoring year. The monitoring reports will follow the current NCDMS monitoring report guidance and templates, as specified in the RFP, and referenced above, and will include: 1. A detailed narrative summarizing the condition of the restored site and all regular maintenance activities; 2. Project background information; 3. Maps showing location of vegetation sampling plots, permanent photo points, and location of transects; 4. CCPV map including monitoring features and any areas of concern or problem areas noted during monitoring; 5. Photographs showing views of the site taken from fixed point stations; 6. Geomorphic data; 7. Hydrologic data; 8. Vegetative data, as described below; 9. Any geomorphic, hydrologic or vegetative problem areas; 10. A description of any damage done by animals or vandalism; and 11. Wildlife observations. Stream Mitigation Monitoring The stream mitigation success criteria are defined below. Hydrologic Monitoring: Stream hydrologic monitoring will be conducted on Restoration and Enhancement I reaches. The occurrence of bankfull events and floodplain access within the monitoring period will be documented using automated gages and photographs. The gages will be installed on the floodplain of each reach longer than 1,000 feet. One gage per 5,000 feet will be installed. The gages will record the frequency and duration of out of bank flows and the gages will be checked each time there is a site visit to determine if a bankfull event has occurred. Photographs will be used to document the occurrence of debris lines and sediment deposition on the floodplain during monitoring site visits. Automated gages will also be installed on small tributaries to document consecutive days of flow. Photo Reference Stations: Photographs will be used to visually document restoration success. Reference stations will be photographed for seven years following construction. Reference photos will be taken once a year. Photographs will be taken from a height of approximately five to six feet above grade. Permanent markers will be established to ensure that the same locations (and view directions) on the site are monitored in each monitoring period. Page 48 I H T E R H A T 1 0 H A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / ClJ #03050101 Cross Sections: Cross sections will be monitored for seven years, with monitoring events occurring during years 1, 2, 3, 5, and 7. Permanent, monumented cross sections will be installed at a frequency of one per 20 bankfull widths or two cross sections per 1,000 feet of stream. There should be little change in as -built restoration cross sections. If changes occur, they should be evaluated to determine if they represent a movement toward a more unstable condition (e.g., downcutting, erosion) or a movement toward increased stability (e.g., settling, vegetative changes, deposition along the banks, decrease in width/depth ratio). Cross sections shall be classified using the Rosgen Stream Classification method and monitored cross sections should fall within the quantitative parameters defined for channels of the design stream type. Longitudinal Profiles: Longitudinal profiles will be developed to document the as -built condition for Restoration and Enhancement Level I reaches. Bedforms observed should be consistent with those observed for channels of the design stream type. Additional longitudinal profiles may be required if problems are identified during the monitoring period. Lateral Reference Photos: Reference photo transects will be taken at each permanent cross section. Photographs will be taken of both banks at each cross section. The survey tape will be centered in the photographs of the bank. The water line will be in the lower edge of the frame and as much of the bank as possible will be included in each photo. Photographers will make an effort to maintain the same area in each photo over time. Vegetation Monitoring The vegetative success criteria are defined above. Successful restoration of the vegetation on a mitigation site is dependent upon hydrologic restoration, planting of preferred canopy species, and volunteer regeneration of the native plant community. To determine if the criteria are achieved, vegetation plots will be installed and monitored in years 1, 2, 3, 5, and 7 in accordance with the Carolina Vegetation Survey's CVS-DMS Protocol for Recording Vegetation, Version 4.1, and the CVS-DMS Data Entry Tool, version 2.3.1. The vegetation plots will be comprised of fixed and random plots. The plots will make up a minimum of two percent of the planted portion of the site. Vegetation monitoring will occur in the fall. Individual quadrant data will be provided and will include individual -specific data on species, height, date planted, and grid location; as well as a collective determination of density within the quadrant. Relative values will be calculated and importance values will be determined. Individual seedlings will be marked, so they can be found in succeeding monitoring years. Volunteer species will be counted and noted and their inclusion in quadrant data will be evaluated on a case -by -case basis. The presence of invasive species vegetation within quadrants will also be noted, as will any wildlife effects. At the end of the first growing season species composition, density, height, and survival will be evaluated. For each subsequent year, until the final success criteria are achieved, the restored site will be evaluated between July and October. Remedial Actions If the site or a specific component of the site fails to achieve the defined success criteria, Michael Baker will develop necessary adaptive management plans and/or implement appropriate remedial actions for the site in coordination with NCDMS and the review agencies. Remedial action required will be designed to achieve the success criteria specified previously and will include a work schedule and monitoring criteria that will take into account physical and climatic conditions. Michael Baker will work alongside local groups and agencies to ensure that nuisance and invasive species do not have a detrimental impact to the project. Page 49 I N T E R N AT 10 N A L 0c.;.:: 1;._ r Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / ClJ #03D5D101 Part S. Quality Control Michael Baker has established a standard structured Project Delivery Process for all projects. This process addresses every aspect of a project and is the foundation for delivering a quality product. The foundation established in "The Michael Baker Way" is further defined with the PMP. Each project's PMP applies the Project Delivery Process to specific project conditions and establishes the process for managing the project. Project Managers prepare a PSQMP for each project that defines project specific quality assurance and quality control procedures. The first two levels of quality control will ensure that all aspects of this project are delivered according to schedule established herein. The PSQMP for this project will establish and document various quality assurance reviews to cross- examine all engineering and design methods, set forth document preparation and delivery methods and activities, and ensure all deliverables are technically sound, follow the required NCDMS formats, contain all required information, and are grammatically/typographically correct. Reviews will include: Peer Reviews — Qualified and experienced individuals independent of the project will perform peer reviews. The objective of these reviews will be to: assess the product versus DMS requirements; spot check key values; verify completeness and clarity; and determine if the design meets sound engineering practice. Deliverable Reviews — Appropriate staff will review the entire submission for overall presentation, format, uniformity, consistency, and completeness. These reviews will be performed on all written documents. Constructability Reviews —Appropriate staff will perform constructability reviews relative to scope, schedule, and acceptability. Results of the constructability review will be incorporated into the design to optimize work and material use during construction, and to ensure the project is completed in compliance with any required federal, state, or local permits. These reviews will be conducted on design plans. The PSQMP also identifies when quality audits are performed to ensure that the PSQMP is in place, appropriate, and being followed. The PSQMP is kept simple and practical to ensure effectiveness. Central to effectively implementing the PSQMP is ensuring that the project is appropriately staffed, both in terms of manpower and experience. Time to perform quality control and quality assurance activities is an important consideration when developing the project schedule. During the construction phases, the Project Manager and the assigned Michael Baker staff will be responsible for oversight of construction activities. This will involve checking the contractor's adherence to design documents, making decisions regarding field changes, and checking compliance with federal, state and local permits. All project deliverables (Scope & Fee, Permits, Mitigation Plan, Baseline Monitoring, Monitoring Reports, etc.) go through the quality assurance/quality control procedures outlined above to insure each is delivered in accordance with scoped templates, schedules and professional standards. Page 50 1 H T E R H A T 1 0 H A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 All field activities receive the same quality assurance/quality control measures described above. Field surveys are scheduled to meet required federal, state and local permitting deadlines, including any endangered species survey windows. Construction will also be closely monitored to meet scheduling requirements. At each phase of the project (assessment, permitting, design, construction, as -built and yearly monitoring reports), the mitigation credits are tracked to eliminate or minimize any losses over the project's lifespan. Michael Baker staff is experienced in all stages of project development and routinely provides the full amount of credits contracted and expects to only improve this track record by rigorous quality assurance, quality control and tracking. References Bagshaw, C.S. 2002. Factors influencing direct deposition of cattle fecal material in riparian zones. MAF Technical Paper No. 2002/19. New Zealand Ministry of Agriculture and Forestry, Wellington, New Zealand. Belsky, A.J., A. Matzke, and S. Uselman, 1999. Survey of Livestock Influences on Stream and Riparian Ecosystems in the Western United States. Journal of Soil and Water Conservation 54(1):419-431. Cooper, A.B., Smith, C.M. and M.J. Smith. 1995. Effects of riparian set -aside on soil characteristics in an agricultural landscape: Implications for nutrient transport and retention. Agric. Ecosystems Environ., 55:61-67. Daniels et al. 1999. Soils Systems of North Carolina. Technical Bulletin 314. North Carolina State University, Dept. of Soil Science. Raleigh, NC. Carolina Vegetation Survey (CVS) and NC Division of Mitigation Services (DMS). CVS-DMS Data Entry Tool v. 2.3.1. University of North Carolina, Raleigh, NC. 2012. Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R., MacPherson, T.F., Glover, J.B., and Shelburne, V.B., 2002, Ecoregions of North Carolina and South Carolina (map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1: 1,500,000). James, E., Kleinman, P., Veith, T., Stedman, R., and A. Sharpley 2007. Phosphorus contributions from pastured dairy cattle to streams of the Cannonsville Watershed, New York. J. Soil Water Conserv. 62(1):40-47. Jones, G.M. and K. Knowlton. 1999. Protecting healthy streams by fencing out the dairy head. The Virginia Dairyman: Volume 14. Kauffman, J.B. and W.C. Krueger, 1984. Livestock Impacts on Riparian Ecosystems and Streamside Management Implications ... A Review. Journal of Range Management 37(5):430-438. Kauffman, J.B., W.C. Krueger, and M. Varva, 1983. Impacts of Cattle on Streambanks in Northeastern Oregon. Journal of Range Management 36(6):683-685. Lee, M., Peet R., Roberts, S., Wentworth, T. 2007. CVS-DMS Protocol for Recording Vegetation, Version 4.1. Line, D.E., W.A. Harman, G.D. Jennings, E.J. Thompson, and D.L. Osmond. 2000. Nonpoint source pollutant load reductions associated with livestock exclusion. Journal of Environmental Quality 29:1882-1890. Marlow, C. B., Pogacnik, T. and Quinsey, S. 1987. Streambank stability and cattle grazing in southwestern Montana, Journal of Soil and Water Conservation, 42:291 -296. Mayer, P.M., Reynolds, S.K. Jr., McCutchen, M.D., and T.J. Canfield. 2007. Meta -Analysis of Nitrogen Removal in Riparian Buffers. J. Environ. Qual. 36:1172-1180. Miller, J., Chanasyk, D., Curtis, T., Entz, T., and W. Willms, 2010. Influence of streambank fencing with a cattle crossing on riparian health and water quality of the Lower Little Bow River in Southern Alberta, Canada. Agricultural Water Management 97:247-258. National Resource Conservation Service (NRCS). 1995. Soil Survey of Alexander County, North Carolina. North Carolina Division of Mitigation Services. 2016. Quantifying Benefits to Water Quality from Livestock Exclusion and Riparian Buffer Establishment for Stream Restoration. Raleigh, NC. Page 51 I N T E R N AT 10 N A L Big Branch Mitigation Project CATAWBA RIVER BASI N / RFP #16-007875 / CU #03050101 North Carolina Division of Water Resources Methodology for Identification of Intermittent and Perennial Streams and Their Origins, (v 4.11, Effective Date: September 1, 2010) North Carolina Ecosystem Enhancement Program (the precursor to the Division of Mitigation Services) 2018. Upper Catawba River Basin Restoration Priorities 2009, Amended July 2018. 33 pages. Raleigh, NC. North Carolina Geological Survey (NCGS), 1985. Geologic Map of North Carolina. Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section. Scale 1:500,000. Available for download as GIS feature at: http://data.nconemap.gov/downloads/vector/geol.zip Owens, L.B., Edwards, W.M., van Keuren, R.W., 1996. Sediment losses from a pastured watershed before and after stream fencing. J. Soil Water Conserv. 51(1):90-94. Ries, K.G., III, Newson J.K., Smith, M.J., Guthrie, J.D., Steeves, P.A., Haluska, T.L., Kolb, K.R., Thompson, R.F., Santoro, R.D., and Vraga, H.W., 2017, StreamStats, version 4: U.S. Geological Survey Fact 2017-3046, 4 p., https://doi.org/10.3133/fs20173046. [Supersedes USGS Fact Sheet 2008-3067]. Rosgen, D. L., 1994. A classification of natural rivers. Catena 22:169-199. Rosgen, D. L., 1996. Applied River Morphology. Wildland Hydrology Books, Pagosa Springs, Colo. Sarr, D.A., 2002. Riparian livestock exclosure research in the western United States: a critique and some recommendations. Environ. Manage. 30(4):516-526. Schafale, M. P., and A. S. Weakley. 1990. Classification of the natural communities of North Carolina, third approximation. North Carolina Natural Heritage Program. Division of Parks and Recreation, NCDENR. Raleigh, NC. Trimble, S.W. 1994. Erosional Effects of Cattle on Streambanks in Tennessee, U.S.A. Earth Surface Processes and Landforms 19:451-464. Trimble, S.W. and A.C. Mendel, 1995. The Cow as a Geomorphic Agent — A Critical Review. Geomorphology 13:233-253. United States Army Corps of Engineers, 1997. Corps of Engineers Wetlands Research Program. Technical Note VN-RS- 4.1. Environmental Laboratory. U.S. Army Engineer Waterways Experiment Station. Vicksburg, MS. Page 52 I N T E R N AT 10 N A L ►'y � r` � s. l r• • . : . r'> ..R. i. ;. w.'a _. Sr` ..c.p ... � . r �r ems• � ;� 7�r �- ll -•y^ r��� l• '. T_ it j,.� � i.YM�� LA � 7 may{ 11 GIS Figures � v 4 ; A •��. t� � L � �, �� Ns�`. y, �+ r3h�'�na�...j�•� - �"'�• ��, �'"-Yba��}�e J z a< � .sy z�la ,�$3 r � � �-,+ + fir, �S�'?' a -, �' �•F 'rr' �° Fx- ¢. - .. .. ' h r' .S 5 � V � j � �TiT a AF S .' ��'� d� 'e� � • � N 03NO102010020 20040 03040102010030 03040102010010 Point Alexander County F r, 0304010201010.0 ` I Airport 03040102040010 �. 3 1 03NO102030010 03050101130010 • - r[-•�IrY,• V�� 6-1 Project Location F ~■ 1' 03040102030020 StatesviI e 03050101090030 03050101150020 ''— StOtesvlflP 03040102040020 Irk 1, p • - k, �.. r i • 21 70 _ — i_ s 0301 -Claremont- 030501. 140010 y NI ' - ` Troutman 03050101150040 Alexander County u � 030501011 - 03050101150030 • S T National Map. National Boundaries North Carolina g vation Program, Geographic r. +° Figure 1 US +� — Project Vicinity Map :�l rxmder Big Branch Michael Baker Stream Mitigation Project N T E R N AT Z O N A L * �- 0 1.75 3.5 7 �; Hickor, Miles Cem0 • - .o1 Ws i " 1 � � � • i = - _ IQ{? - _ �R�- � ��� ■■■711' fit• � � � ' \ 1 r ••,N Cb M. — - N� `ti c, Stony Point QuaNk drangle r --- Copyright:© 2013 National Geographic Society, i-cubed Figure 2 0 1,000 2,000 4,000 USGS Topographic Map Michael Baker � Feet Big Branch N T E R N A T 1 0 N A L 1 inch = 1,800 feet Stream Mitigation Project M k INTERNATIONAL 0 250 500 0 Proposed CE Project Reaches NRCS Hydric Soils Soil Mapping Units Ce132 Clifford sandy clay loam (2-8%) 6 COA Codorus loam (0-2%) Dp132 Danripple sandy clay loam (2-8%) FCC2 Fairview sandy clay loam (8-15%) FcD2 Fairview sandy clay loam (15-25%) 1,000 Feet 1 inch = 500 feet FcC2 Figure 3 NRCS Soils Map Big Branch Stream Mitigation Project FEMA FIRM Panel 37103776003 eff.1211812007 -"0 loaf Ok #40% J OP As. V 'V. K3.4 Zone E on 14 ti iL Proposed CE Project Reaches USA Flood Hazard Areas 1% Annual Chance Flood Hazard A6 sri -41Diiht, IG lobe, GeoEye, E*�.stalr4eograp ics, CNE iFbus DS, Figure 4 0 250 500 1,000 Michael Baker Feet FEMA Floodplain Map Big Branch I N T E R N A T 1 0 N A L 1 inch = 500 feet Stream Mitigation Project N Project Land Use: Drainage Area: 3.18 square miles (2,035.5 acres) 1.2% Impervious 4.9% Developed r r 37.3% Forested 53.1% Agriculture �. Sources: USGS StreamStats and 2011 National Land Cover Database Bak .t A t `t r SPA 41 AN ■ r r • 0 Project Watershed 0 Proposed CE • r USA NLCD Land Cover t , Open Water �� + Mft Perennial Snow/Ice Developed Open Space Jim# it Developed Low Intensity r � Developed Medium Intensity , Developed High Intensity 'r Barren Land Deciduous Forest Evergreen Forest Mixed Forest # Dwarf Scrub Project Location Shrub/Scrub Grassland/Herbaceous Z ■• Sedge/Herbaceous Lichens # Moss � ■ No Pasture/Hay r r Cultivated Crops L Woody Wetlands ■ # .R.0 • Emergent Herbaceous Wetlands l rL DigitalGlo e e GeoE , E phics, CN s 09 USGS, GRIi� IGN, and the GIS User Community o 1,000 2,000 4,000 Figure 6Michael Baker Feet Land Use Analysis Big Branch N T E R N A T 1 0 N A L 1 inch = 2,000 feet Stream Mitigation Project N A wL" b I ON A NO Lb'a-72 , v yy ON osoft MS �UT3 Proposed CE Project Reaches UT1 2' Contours MS (2,035.5 acres) UT1 (45.8 acres) UT2 UT2 (43.3 acres) UT3 (153.6 acres) ti Ail,, VAk UT4 (34.6 acres) 'E 6 US A, M IM 1 11 IMEA, IL�46;,C o m m u n I Ly IN s, ZNES/Aiio D hsiz&lb lay I: Figure 7A 0 1,000 2,000 4,000 Michael Baker Feet Watershed Drainage Areas Big Branch I N T E R N A T 1 0 N A L 1 inch = 2,000 feet Stream Mitigation Project ON osoft MS �UT3 Proposed CE Project Reaches UT1 2' Contours MS (2,035.5 acres) UT1 (45.8 acres) UT2 UT2 (43.3 acres) UT3 (153.6 acres) ti Ail,, VAk UT4 (34.6 acres) 'E 6 US A, M IM 1 11 IMEA, IL�46;,C o m m u n I Ly IN s, ZNES/Aiio D hsiz&lb lay I: Figure 7A 0 1,000 2,000 4,000 Michael Baker Feet Watershed Drainage Areas Big Branch I N T E R N A T 1 0 N A L 1 inch = 2,000 feet Stream Mitigation Project PI •,t+aa.� , F ,,' owl I 14 it w �� �• fey M .s �, t�l a 1 w 3i`1 �J r a �• ' rTy41 46 T - f _ ►j7 � F a ` _ at J c ,'►. a It Proposed C E N � _ . •' r AL 0 320 640 1,280 Figure 8A Michael Baker � Feet Historic Aerial1993 Big Branch INTERNATIONAL 1 inch = 500 feet Stream Mitigation Project Note: The historic aerial photograph is not r georeferenced, and the easement boundary location is approximate. • � 1 k Wh Pt •� a +-�•rIK 3� 1 k 3V IF � ;% .,, oil.. ��_ • . 01.S � F� � �" �•�� �� � i-•- .* `tee +�i �t� a� � S xii' �. ;'�'�'�; _ 3, ..6. Ir • _ r Proposed ILW r- Figure • . Michael Baker Not to Scale Historic Aerial 1981 . • Branch ►Stream MitigationProject " Note: The historic aerial photograph is not georeferenced, and the easement boundary ` w A location is approximate. 06, iIlk. A"- -WOW" 1 a Lt • pR _ � • _ � -y� Y r pt 46 00 ir ffff • � LProposed C E r 1, NChannel Incision - Low Incision Moderate Incision HigJlncision Reach {BHR = 1.1-1.2] {BHR = 1.3-1.5] {BHMS 0% 0% UT1 14% 84% 2% UT1A D% 1DD% D% UT1B 0% D% 1D0% ti UT2 20% D% 8D% UT2A D% 60% 40% UT3B UT3 0% 66% 34% - UT3A D% D% 1DD% UT3B 0% 0% 1D0% UT4 D% 37% 63% UT3AApproximately 75% of the proposed project stream reaches exhibit significant, obvious incision (BHR>1.5) UT4 i UT1 B UT1 A UT1 x J }� s ! A,t MS IL 11116 1■� •`• , Headcuts UT2 O Cross Sections Bedrock 0 Proposed CE Project Parcels UT2A Incision _ — Low (BHR 1.1-1.2) - Moderate (BHR 1.3-1.5) — High (BHR>1.5) 'h M a i �I •lobe; GeoEye, Eart ; g� i s b s DS, US i Figure 9 0 250 500 1,000 Channel Stability Michael Baker Feet Incision and Bedrock Control N T E R N A T 1 0 N A L 1 inch = 500 feet Big Branch Stream Mitigation Project UT4 .Y� A UT3B UT3 Bank Erosion/Scour _ Apx. Reach Apx. Proportion of Reach Reach length Length Exhibiting Reach Length Bank Scour (ft) Exhbiting Bank Scour MS 5,903 5,903 100% UT1 1,312 420 32% UT1A 282 63 23% UT1B 215 215 100% UT2 1,178 896 76% UT2A 309 70 23% UT3 1,106 704 64% UT3A 248 248 100% UT3A UT3B 1,161 1,161 100% UT4 916 259 28% 12,630 9,940 79% Note: Approximately 9,940 feet (79%) of total project stream reaches exhibit active bank scour and erosion ., UT1 B UT1A UT1 i -�-', i UT2 a � t 0 Proposed CE - L Project Parcels Scour 15-30% 30-50% >50% ,g r_ ographics, CNES/Airbus IDS. USDA, U Figure 10 0 250 500 1,000 Channel Stability Michael Baker � Feet Bank Scour N T E R N A T 1 0 N A L 1 inch = 500 feet Big Branch Stream Mitigation Project N Note: Approximately 2% of proposed project streams are impacted by crossings or easement breaks. ALL. 6- -r. UT3B - At. U T3A UT4 UT3 �. UT1 B UT1 A It ' '` AgA UT1 41, f �'! �► JPk�F ' h'1•'� � _ Timber Debris UT2 _e Proposed CE Project Reaches t Powerline UT2A Berm - ® Straightened * ' • .�� yF_ Y ' • Ditch ' Y o Culvert [ - o Cattle Crossing Project Parcels ScTi ce: � ,. Digit. I I eogrwhic`s, CNES/Airbus DS, USDA, i Figure 11 0 250 500 1,000 Michael Baker Feet Floodplain Alteration Big Branch N T E R N A T 1 0 N A L 1 inch = 500 feet Stream Mitigation Project Mw NBuffer Vegetation Condition Livestock Reach Access to Dominant Buffer Vegetation Stream Condition MS 100% <30 ft. (7756) UT1 100% <30 ft. (85%) UT1A 100% <30 ft. (100%) UT1B 100% >30 ft. (100%) UT2 100% <30 ft. (70%) UT2A 100% None(60%) _. UT3B UT3 100% <30ft. (100%) UT3A 100% >30 ft. (100%) U13B 1 100% >30 ft. (100%) UT4 100% None(54%) Livestock have access to 12,630 ft. (100%) of project ♦, streams. Approximately 1,559 ft. (16%) of project UT4 V -_ �♦ UT3A streams have no riparian buffer vegetation; 8,108 ft. ,• (64%) of streams have <30 ft. buffer vegetaiton. w UT3UT1 B UT1 A y i s� +♦ `�, i UT1 c MS l sit. ' fin.J f 1 '` `��; • ,f UT2 0 Proposed CE ; - Project Reaches - — - Livestock Access Streams UT2A Project Parcels Buffer Vegetation Condition P" Buffer <30 *+ �' } No Buffer I I be GeoEye, Earths o i s, CNES S S, US i Figure 12 0 250 500 1,000 Michael Baker Feet Water Quality Stressors Big Branch N T E R N A T 1 0 N A L 1 inch = 500 feet Stream Mitigation Project A- MOA� UT3B UT3A UT4 UT3 0 �I +fit f0 Jam\ }'1 M Kt UT1 B IL IVIO JL � '� sti 'h• +t.i 1. ti'� i .- UT2 UT2A l'+,,4 0 Proposed CE Al 4, fir,}`[ 6'"'.`�r• ��1 O Proposed BMP i , Restoration - Option A Enhancement I - Option A l fir ' Enhancement II - Option A° E50, DigitalGlo,be, Neert a`r.Geographic,OO E /Airbus DS, USDA, Proposed Mitigation Features - Option A Reach R El Ell M5 5,903 UT1 1,310 UT1A 282 UT1B 215 UT2 1,178 UT2A 3U9 UT3 562 544 UT3A 248 UT3B 1,050 UT4 1 668 248 Total Footage for Credit 12.517 4 ti r Z; t UT1A Figure 13A 0 250 500 1,000 Proposed Mitigation Features Michael Baker Feet Option A N T E R N A T 1 0 N A L 1 inch = 500 feet Big Branch Stream Mitigation Project N Proposed Mitigation Features - Option B Reach R EI Ell MS 5,903 UIT1 825 485 UT1A 282 UT3B UT113 215 UT2 1,178 - - UT2A 186 UT3 562 544 UT3A UT3A 248 t R UT3B 550 500 _ UIT4 668 248 UT4 , ,.,{r Total Footage for Credit 12,394 "`.►,* UT3 . ' o «,� UT1 B UT1A MS tie Ik UT2 %� Proposed CE * ,: o . Project Reaches°''` o Proposed BMP Restoration - Option B: -. k` Enhancement I- Option B 4 Enhancement II - Option B ,' ` E'ri, Dig'iltal I 6,r •1Ey Ntrt Fa rlieographics,oWjAirbus DS. USDA, IN Figure 13B 0 250 500 1,000 Proposed Mitigation Features Michael Baker � Feet Option B N T E R N A T 1 0 N A L 1 inch = 500 feet Big Branch Stream Mitigation Project N Proposed Mitigation Features - Option C Reach R El Ell y t M5 4,723 1,180 - UTl 1,310 UT1A 282 UT3B UT1B 215 UT2 1,178 UT2A 186 UT3 562 544 UT3A 248 UT3B 450 600 UT4 668 248 UT4 Total Footage for Credit 12,394 '. jr- 9, ►. UT3 t bp or MS IK M T• UT2' 0 Proposed CE .�- ��• ��"1 - '�� - Project Reaches 3 < ' O Proposed BMP Restoration - Option C + = �`, a,i,• •'�� ,-, -, Enhancement I - Option C Enhancement II - Option C „�+ Arl•... ' f i i i I I" E hstar G.e� , S i So, S.AeroGRID.IGN, and the GI ,. Carolina DOT, LMIMIFNIM Figure 13C 0 250 500 1,000 Proposed Mitigation Features Michael Baker Feet Option C N T E R N A T 1 0 N A L 1 inch = 500 feet Big Branch Stream Mitigation Project OR 1' 1 7v -��0/�� p6ft. lab -OAF 'OVA SO /.� �r ��� ,N��� � f�'fr � � �, w. �j � SY/, � , �� �• �dd�j � � // zz FA 4,004/6/ 14 0 04, OAF ` �VG �I .. r � �� /► gip. s 'i ,y r ► �. +� (gyp , ;Y �� �• . � 1:*,.�i��� d '�I � �i° ice; � �� Awl POP� b� gr �I v Nil - mil OWE F///7 Targeted Local Watersheds pr a►;0-00Jr. 1 1 1 1 1 1 1 , i+....cs Streams �- �� �� � [ CU]L•° c�3 ,L ° 5�' `e � V\1 [�J51i2 P ��Gf1Cf7���Os�fr 'f/'/fray/ .�►f�i i ► � _ . � it � Figure 14 Watershed • Michael Baker — es Contextual i - C • Branch ��'► -- �. � ICI, �'b `A � ' " i /'��� � "'ry , ►111111: III " Payne Dairy Mitigation Site •. �, ,t and Conservation Easement ,r a� 'Ir Third Creek �"%+s �• ; �I� . �,'� `• 'r� Rare Plant Siteivy-mr Elk Shoals Mitigation Site * 4 and Conservation Easement s ,,�ji illlllllllll +/ ��� III ► 7, �—'"/J,�/� . ,% r - ` • ' IIIIIIIII I II I III 11 IIIII IIIIIIWIIIIIIIIII .. �� �� " Catawba Rivi CorridorSite Big Branch Creek �/►�` P op Alexander Farm Mitigation Site �- and Conservation Easement Catawba County � r t Open Space d• �1`�► f , , Land Trust for Central NC - ;� , / Gray Farm Mitigation Site and , Conservation Easement Conservation Easement L �f/ �j �� '' />� ♦ Rich Slopes �' �, �� =� IIIIIIIIIIIIII IIIIII ' �� _ ' < t pIIIIIIIIV IIIIIIIIIIIII 2 �► . wo t III ' c y Farm Mitigation Site and _ I ' Catawba River Gray III I g 4'I ,_, Proposed CE IConservation Easement i 1 DMS Tierl Projects 0 Conservation Easement f �S - i .J� ^ Water Supply Watersheds (I P ` Waterbodies -� Streams Natural Areas .:� �_ - ,��� *. .• � + ,• 1 General Moderate r �• ` } �11*^. 1110 Figure 15 0 0.5 1 2 Adjacent and Proximal Michael Baker Miles Planning Elements Map INTERNATIONAL 1 inch mile Big Branch Stream Mitigation Project Appendices Technical Proposal Evaluation Criteria Rating Form Offeror: Michael Baker Engineering, Inc. Site Name: Big Branch Mitigation Project River Basin / Catalog Catawba River Basin / CU 03050101 Unit: RFP 16-007875 Number: Date of Site Evaluation: Type/Amt of M itigation Offered: Proposal Review Committee: Alternate Attendees: Section 2. Functional Uplift Evaluation for Option A Functional Functional Planning Identified Category Functional Stressor Uplift Potential Stressor Check box below if Completethis sectionfor identified stressoris identified Check boxes belowto identify functional stressors ONLY. Selecttheoption through watershed stressors addressed by proposal. that best describes the uplift potential for planning RWP LWP the majorityof the project area. U Non-functioning riparian Low Moderate High Very High >_ buffer/wetland vegetation ca U Sediment Low Moderate High ery High IJ Nutrients Low Moderate High Very High N IJ Fecal Coliform Low Moderate High ery High IJ Other Low Moderate High Very High IJ Peak Flows Low Moderate High Very High t�A O U Artificial Barriers Low Moderate High Very High O U Ditching/Draining Low Moderate High 2 IJ Other Low Moderate High Very High U Ha bitat Fragmentation Low Moderate High Very High U Limited Bedform Diversity Low Moderate High ery High 2 U Absence of Large Woody Low Moderate High Very High Debris IJ Other Low Moderate High Very High �O Tota I Count Tota I Count Multiplier Multiplier ca a-J — -0 ca x1 x3 x6 x10 x4 x6 O IAA Count x Function Count x U Planning C: Multiplier Multiplier L.L L (6 A Sumof B a Sumof Function Planning Adjusted Risk Factor Total Restoration Restoration Enhancement Total Restoration and Enhancement Feet Risk Adjusted Score and Feet Feet Enhancement Feet (Sum of Function AX Factorc) Enhancement Restoration Feet + k 2 ) Feet 12,517 10,919 1,598 1.07 ` 90 D Risk Adjusted Score + PlanningB = Section 3. General 90 E Total Function and Planning im1 What percent of the request does the proposed stream project provide? (if applicable) point <50% 3 points 50-70% 6 points 71-90% 10 points >90% Physical constraints or barriers —2% >5% 2-5% <2% None Easement Continuity 13.2(from DMStool) >12 8-12 0-8 Project Density 15.7 SgMi* / 2 DMS sites = 7.8 >10 8-10 4- 1 <4 Total 1 3 6 1 10 * Drainage Area at confluence of Elk Shoals Creek and a UT to Elk Shoals Creek is 15.7 SgMi and contains 2 DMS projects Section 4. Final Score and Proposal Rating Total Function and E Planning F Total General Final Score 110 (E+F) Proposal Rating 1.10 (Final Score x 0.01) 20 F 4 Section 2. Functional Uplift Evaluation for Option B Functional Functional Planning Identified Category Functional Stressor Uplift Potential Stressor Check box below if Completethis sectionfor identified stressoris identified Check boxes belowto identify functional stressors ONLY. Selecttheoption through watershed stressors addressed by proposal. that best describes the uplift potential for planning RWP LWP the majorityof the project area. U Non-functioning riparian Low Moderate High Very High >_ buffer/wetland vegetation ca U Sediment Low Moderate High ery High IJ Nutrients Low Moderate High Very High N IJ Fecal Coliform Low Moderate High ery High IJ Other Low Moderate High Very High IJ Peak Flows Low Moderate High Very High t�A O U Artificial Barriers Low Moderate High Very High O U Ditching/Draining Low Moderate High 2 IJ Other Low Moderate High Very High U Ha bitat Fragmentation Low Moderate F7D Very High U Limited Bedform Diversity Low Moderate GD Very High U Absence of Large Woody Low Moderate High Very High 2 Debris IJ Other Low Moderate High Very High 03 Tota I Count Tota I 0 Count Multiplier Multiplier ca a-J — -0 ca x1 x3 x6 x10 x4 x6 O IAA Count x Function Count x U Planning C: Multiplier Multiplier L.L L (6 A Sumof B Sumof Function Planning Adjusted Risk Factor Total Restoration Restoration Enhancement Total Restoration and Enhancement Feet Risk Adjusted Score and Feet Feet Enhancement Feet (Sum of Function AX Factorc) Enhancement Restoration Feet + k 2 ) Feet 12,394 9,266 3,128 1.14 87 Risk Adjusted Score + PlanningB = Section 3. General E Total Function and Planning im1 What percent of the request does the proposed stream project provide? (if applicable) point <50% 3 points 50-70% 6 points 71-90% 10 points >90% Physical constraints or barriers —2% >5% 2-5% <2% None Easement Continuity 13.2(from DMStool) >12 8-12 0-8 Project Density 15.7 SgMi* / 2 DMS sites = 7.8 >10 8-10 4- 1 <4 Total 1 3 6 1 10 * Drainage Area at confluence of Elk Shoals Creek and a UT to Elk Shoals Creek is 15.7 SgMi and contains 2 DMS projects Section 4. Final Score and Proposal Rating Total Function and E Planning F Total General Final Score 107 (E+F) Proposal Rating 1.07 (Final Score x 0.01) 20 F 4 Section 2. Functional Uplift Evaluation for Option C Functional Functional Planning Identified Category Functional Stressor Uplift Potential Stressor Check box below if Completethis sectionfor identified stressoris identified Check boxes belowto identify functional stressors ONLY. Selecttheoption through watershed stressors addressed by proposal. that best describes the uplift potential for planning RWP LWP the majorityof the project area. U Non-functioning riparian Low Moderate High Very High >_ buffer/wetland vegetation ca U Sediment Low Moderate High ery High IJ Nutrients Low Moderate High Very High N IJ Fecal Coliform Low Moderate High ery High IJ Other Low Moderate High Very High IJ Peak Flows Low Moderate High Very High t�A O U Artificial Barriers Low Moderate High Very High O U Ditching/Draining Low Moderate High 2 IJ Other Low Moderate High Very High U Ha bi tat Fragmentation Low Moderate High Very High ro U Limited Bedform Diversity Low Moderate High Very High U Absence of Large Woody Low Moderate High Very High 2 Debris IJ Other Low Moderate High Very High �O Tota I Count Tota I Count Multiplier Multiplier ca a-J — -0 ca x1 x3 x6 x10 x4 x6 O IAA Count x Function Count x U Planning C: Multiplier Multiplier L.L L (6 A Sumof B Sumof Function Planning Adjusted Risk Factor Total Restoration Restoration Enhancement Total Restoration and Enhancement Feet Risk Adjusted Score and Feet Feet Enhancement Feet (Sum of Function AX Factorc) Enhancement Restoration Feet + k 2 ) Feet 12,394 5,901 6,493 1.35 85 Risk Adjusted Score + PlanningB = Section 3. General E Total Function and Planning im1 What percent of the request does the proposed stream project provide? (if applicable) point <50% 3 points 50-70% 6 points 71-90% 10 points >90% Physical constraints or barriers —2% >5% 2-5% <2% None Easement Continuity 13.2(from DMStool) >12 8-12 0-8 Project Density 15.7 SgMi* / 2 DMS sites = 7.8 >10 8-10 4- 1 <4 Total 1 3 6 1 10 * Drainage Area at confluence of Elk Shoals Creek and a UT to Elk Shoals Creek is 15.7 SgMi and contains 2 DMS projects Section 4. Final Score and Proposal Rating Total Function and E Planning F Total General Final Score 105 (E+F) Proposal Rating 1.05 (Final Score x 0.01) 20 F 4 e ansr 'a.a: aetnls is ro a, . a°shoo Ppapa a niIa:aa.r, FiliM n vanes e� or Deena -619-97-102 1,14i, 7'Y z"U 4- / ��2nYl,lYlimWJ Prepared by and Retur,,. mi ky t1nnmune Michael Raker isnFin ,Inc. 197 Haywnpd Rd. 501201 Asheville, NC 28566 MEMORANDUM Of OPI'tON TO PURCHASE fONSERVATION EASEMENT THIS MENOAANDUM FOR OPTION TO PGRGHASE (oNSLRVATION EASLAI"T ("Mnnuraodum''1 is made a,W ealeml lao Ihis 10" _Jay of laav, �, by and betwecy, Matt p}da and lsaudfcr Lm, hull- pnvala lavdawnels ("OmNor'7 and MICTIAEL IIARER ENGINF-ERING, INC., a nerporatie,r n[Fanined in the s.. of New York emb offices a, 1971[ayw'dod Rd., Save 201. Ashetdle, KC 2SAOd C'Aalmr' oe "Orznlee°�. W FIEREAS, Grants, and [taker Ill, netamd in, e s v,ni Opb au Furth- Crn,srnaaon Eaccmeca lthe "ppnon"j dated lulu 102019, Pumuarn 1uw71icl,Gmiuol graNcE to Baker, its auurnoa and asaPyms m, ppriwl m Purchxsr a twnurvanon ea em llho •'Eeseawedl^) dver —a real Paryxrly I-mIe.1Ie Alexander Cuu ty, Nerth Caroline rvhI&p.partyamere pa ,darly deso+bW on the 4.aed Eahihi[ Ill lJ,c and Fvhibia 112 iDeeJ Refena—,fF WHEREAS,'Ihe parcl erntcr mto Ihis Metnnraodims for,hc purpose of strung forth cercai0 reamns end eonJrtiare „f the Optionand m provide cenawaEe nonee.,f the Opnan. NOW, T11P:ILI:EORF, m considemrion of ilia fnrtgaing me Iwrcire herrhy ipee as follows. I. Therermnfthe Oprlfnt c, alnnersc ian]uly la 2l�ead mall cxplm pn 1, [v i02021. An pP ILe Pn'vaa,uos ne rash m the UplFon ace irccnrpnrulW in Ilds Memom,uWm by -i nee 3. ITe Cptiun shall be Y M,,g ap,a ARJ inure to Ihe Im left of Lhc Wit and [heir rapzlirc hen s'I—'Ind e ipys. I SfONA II I AND NOTARY 41-Li I'S APPPAR ON FCLLO VI NIi PAGE51 GRANTOR: /�I/� Ry., � s1Y,(/ Tali _LcIn1 0wr—, STATE OF NORTH CAROLWA COUNTY OF g�AVN [. `%(�R�� M M4l`/INativr ,Ihe uadeaippral Noaay Ppblic,•I'Ific CwnlY ared Slane ndu, ®aid, crnify thm A/uA{4v 11 P—guy ai belbrc me this day, acknnwkedganp tn,ne [Iwl he/she v dwddrily shed and execvlM the forcgaing documerrt. I Ise ve received sacisfarTorY evidrnae siflhe pmaoa aidmtllYmrl,e Rrvn oP ��Cvraa IiGWL.-. Witness my hand atd Natnrial su'mp' c•rsa^l.lh-u lD day ol,Jlfr 2019. X—T�,_ Ihn,iVl� VOimel 9,g,utu�m/ o�t�N�Wazy �r�' N.une_ 6&(m'ti �}ys•FItiaAldfilary puhl.e IPrisned My Ce,m,ission Eapscs_ �'Id]'LL IAIII I AMP-SEALI Y�Ae2OTq Rt6 t ur cea.n. r:a.'a as apslm. � 9 ? �,a+ecG+fN IN WITNIM WHEREOF, Ihr partite have duly eaecad� If Mrarwfandunl da 0f the date fivr shove —I- GRANTEE: Ry, Print Nmue, DAOi Ell, NCIHf Ezeced.� STATEOF EIG GOUNTYOF GhUTil-Ifs-IM_ I,Ai1n�Veevt N4 It/�C�Qft{ ,H_ a Notary Pnbtic of the l"aurtty flnJ SiataaFpreaayl, do hereby pertify rear IJWafIPI {'+dfl�au pe,xonaliY came bcfine m IM,dayand acknowledged that he'zha is jy�Q[{I[0F"if�q,Alae of Reheat Baker Fnpnccdng, Inc, a Nnclh Cernlinn pffi i000i cnrpnralinn, and That he aclmwla!Wd m me 11aaa he vahmarily sagned the foregoing d— far the pumoarsb.. expensed and In tits pt-enedn"cap,cjtya, Slatedlhaveromtredsaafefa0,my cvideuce of ll a wi apn'a IdWily in Ihe f0ma of I n. Wimces myhand pnA afGaal sal, This the �' itay of �( ��19_ Offi 1a7 lNNary hL. Poaled Name: Np , PLIM11 My Cammiusiun Rep ,: IAFFIX NPTARIAL STAMP-SE,LL] ns'%?O MA RL r �Wmm..aP. it oa x.xol. � \ URL70 2 'y 9, coNbV GRAN'TO µ: by__ !'TM S PATE OF NOR'I'N CAROLLNA COwI OIq--/IlfiYne-WL I, _ fI/� /i �-,_ ,me underSl�ed Nasty Public nf[he County n,d su;�� af.n9d, ehdfy rher iayn' .µyj� peNpabwppcucd hefine me Ihis day, eeknawledping to me That hrvahe vnluntanly aipuxl and exmsr¢d Ihe fompoine dewmmt. T hove rcerivod eansfx[aryeviJmca o/rhe petsan'a III— in thefrnn al JrilreaS jaeeN9t. Witness my hendaM Natanal xlamp arscel. ddsfQyol' ,2049. 11ilCiwletof Nma,y ISinl�Nama�/L�11.gP M.Nnary Public My C.'amEaplrca: zl�fwx�- was AI'I'1%NDIa1RIAL S7AMP-SEAL] ry 2O qRy d4 00 Ia U OI = ,.uN� N— The map.., not o<. ciatlRm.-, and bee ni, boa A mdewed by a fool 9—Me t a9errLY for cgrYliaax aith as .pplka k land dmekpnmt rephlbY eM hm not error reefew 4Rw cgr®liomss9h 2n9reghanarW rPe HY6 Jennifer L� t 3737 MattlMW] 7B6aaB9] HNI Malthraw John Hull xnnifer 6 3 3]]fiMafi64 ' Hull Ma1.MraW John NYII]ennifer Lynn i�l Hu11 MaLHrcw)ahn Ir 37]6749636 }�!! Hull Jennifer Lynn 1 . 37766431Ja ! -^ (✓S.�Xul t MaLaanalnhn Xu6 ]ennlhr Lynn 37766394g7 b'S'-: Nu117en 4=2 S]]6&592112 r 1 fr Metal M9nitaw ]oho - Hull]enrdfer Lytm 3]]672979] Xu6 Ma1fMw Jahn XWI ]anNler Lynn XWI JaBfd{afL 7776775990 � Nle MalNtew] . r4 ,r'AA 3T/6615900 J Parr,z119tlBndarsco y Project Streams �' ik�„ t ��' '_ r� rrer■wn9aaow3o3 �'oyE�FSitq,.gaa 9aaya [Ne4NNur p3, USb0. Exhibit D1 o ssB sax OOa a oFat Landowner(s): Hull, Matthew J. anc I N T E R N A T I D N A L Hull, Jennifer L. Exhiki 02 !]nod Pehrence Parcel];PIN377561590B, BEING ALL OF Tract Ne.1,cuntalning 135 acres, as the..mars described and recorded In 606 585 at Page £329 of the Alexander county Regletry, to which reference is heretry made (or greater vrtahny of descrlptlnrl by metes and hounds. Parcel ]. PIN 377G64p68J, 2EINGALLOIP—N.,2, eontain'rng 30.11 acresr as the..coals desvihed and Ll=ud In gook 585 at Page 1329 of the Alexander County ReglstN, Lo which reference Ie hereby made for greater certainty of desorption by metes and b... ds'. P.Ice13:PIN377h72FL00, PPINGALLOftutNv-2,containingJ9.J7 acres,asthe samelsd¢senhad an0 recorded m Book 579 at Page 24n and plat pook !-0 of Page 91 of the Alexander County Registry, tD which re Mrence is hereby made For greater ttrtaln[y of der[! ptn7n bF metesand hounds. Pa I,t-PINL77fi74B03k BEING ALL OFTractl coot. nl g4696 acres as the same'. described and r mraed'n dbdk 5M at Page 184 and Plat Rook 14 at Page 193 of the Alerand,,C,, dy Registry, to which references hereby made for greater lerlalnty of tlexdptrdn by metes and bvunde. 7artel S: PIN 3]769406fi4, REINGALL0FTr 1Nn.l,con[aining 6.fi12 acres, as the sameis tlexrlbetl and recorded in Povq 69] at Page 952 W the Alexander County Registry, to wlach reYeence Is hereby made forgreaeer certainty ei description bV metes and hounds. Pa IrE16.PIN377GB4327g, BEING ALL OF Tract A, a, CALL) falning 16.9aves. as the same is described and recorded in Bock 549-at PAW 556and plat I,13 at Page 22 of the Aleaander Courtly R,Ci ,,tR w hich reference Is hereby made For greatercertalnry of dextlption By rne[es and bounds. Parcel]: PIN 377fi639487, BEING ALL OF TIae111 m Nrrug 95R7 aces, i, the same hdescribed and ecorded In aook Sao At Page 184-and Plat Hook 14 It Page 193 of the Alevander Caunty Registry, to ,,h reference is hereby made for greater ceda l"of d—ption by males and bounds. Parcel e_ In N 1171111111, BEING ALL 11111, , 1 o—Ina,5, 14 a....... t he camels described and m rdea in souk 573 at Page 2410 and Plat Book 14 al Page 91 al the Alexander County Registry, to which reference Is hereby made for greater rertalnty of description by males and bounds, Parcel 9', PIN 37751334202, BEING ALL OFa tact con uh,,54.92 acres, as the .amp is descdded and ecorded In BOON 547 at Page 649 and Plat gook 12 at Page 20.4 of the Aleaantler [DunIY Regiz[ry, to which reference Is hereby made fdr greater certainly of desriptrvn by metes and bounds. ��ol/3J/2018 ee Ia.N:al pl �id lxa.�o Paps 1 e a Mefx Has er o vea\ a419 rZ8-96fP uu LJ *1, f" 7tt 1Iry a Rmlm: Micky rlemm s�MichaeA flakes fyR[om Idi b� ]yS Hafm•ood Rd. Suhe201 .4shcvillc.NC 2y S96 MF M ORANIi1,M OF OPTION'1'0 PLlIWIASE C(MSli rlOM E. LWN'1 T1115 MEMORAND17M POR OPTION'PO PURC'71ASE CONSERVATION EARRMENT I"Mervumlxlwn'J :, xnd eltcrcd ima Ihi+ _ IQ" dm' of Jul a01S. W vw hawtvr Mr. Novl VVavne SnRII1t.eM t. f)nllald Sm,llt. Mr. TllmmvS I(h.},,abans 5N,fh Mr K®um LS salk pmalc [andonmc[s ("Ganlor'1 and MlE11A[:L RARER F.VGIN'EERIMG, LV Cy a cvrpvmslva mgalnuvl in the Halt of Nrn York with olGfes xl ]9) tl y k Rd., 9ssi1e 201, Ashn illc. Nl' 28806 I"Raker" nY'I,mnl¢"J, W[IRREA.V, Grenun nnJ Baker hove mlerat iron a ccnaln VN' Vwclwae Gm;lervaei;,n Fascmml(Ne "Oplien"l daed lulu 30.21119,pwaoanL la wi,ich Grealore.avlyd to flakacile suaarta�m and xsei AlNs oplim iv Junes coelservaliuu mvemenl I,he `F.asemert"J Deer tens v rral pnrpely IIMn[csI in mgnderCmtmy.y. NaNt farohm, wbiclspmpaty a nsnm pwieularty dacrtbcd ontMettarLM >y nib C� pnc"nop�ty'lnnd r�eibi[ U2(nacd Rel<rm—) W'PIE11EA5, 11se pxniei mier inu, This Memnnmd{Im kr the putposepf sulivg font tens; .,tams and condlltvru ufda Oytim,'atld ut rrtlr;de p9nnln�adve nalia of the UPtims: VOW, T18EREFO1IE, in tsmmlkralivu of dle l;negf rin5, Ills pmies lurtbys¢rcc ae follows. I_ Tlielerm nflhe rJplinn mnrmmeed on,J{I Ip 3Ot9aMsn R.pl­ll,fulV 10.2022, ]sW nf�dse Wnvisians set fords m the Opli,m ary ,nivrrporatcd m Ilvs Mentpmttdwn by incUali nshall be bkrsdmgdponaad murrmLzeLaufilotMepanies mdlharnsp¢trvc hryrs,.oce'wnn rind H4�6,u, in;VI VREb ANI)N'(lliVtY ACKNt1Wl, F.00MCNTS APPEAR On EOLLVWUIGPAGIS r.I1ANTOR: R�y✓, rr - _ 1}Im NanrTed,�,-��� Till., tol-4 /levrvr M I'EOI NUI(IJf L.v(oLINA —1 MTV OF I, �} {t1Js � fk'lr,C[I>x�l, the and�.rtPsssl N,y,uy kubhc aftlm Coumy and Slalc ar,irexaia eedily lhm. .i�/AffIP.rSi e:fl, per roll h'arypmred before medsis d,. ae}nlNv3w1I{ina w me Ihxl he'Yhe valuoWnlY slyoaM ald evxolW the lirrzyoing document. l love ;rival amisfaGury endnn.e of rlv,pixsun's ideadN rn>trt (I'mM l�rf SIT �'oshy`. WimeR nsy land and Notarial slampsn seal. Ihiaay of �, 20I9. Icia1 e1�P,ur�nre „I'N�nl�� Printed Name: ,i�arlhfml h9 f74 ff�' i1LNdtnry IUblic My [aramisatan Lvpves. �� IAITi NOI'ARIALETAMP-hUALJ M y i � l0 Ar14 ¢ems U9L\G i �94 couNfi� Eu wrrMEl;s wnpnroF, ma ryrnrnhava anlr eaamm d>wa Melmrandnm es onnv aal� r,m aN,�a wri+,mt, GRANTEE: Ov, Prmt Name: IlwaN Iladuu Ti{Jc.- NC Offce t"amemive ti l_lll•fL' �(_ -L.N1YOU LNhYiJA:N L adln l[Ln PA LXiULZHnas• ,e Nolary Public nfd,cC'omny and State alimxaid, <k,httcbv .emfy rP� �IUA1xl iiwYJ+s,w a„i pawn hcdmeLrfore;ru uu. aay arW ued:n,rwlcdged �t na'ahn is YJL FJFIFr+ 6jrra,4(k orhlmhael Baker EvPinneting. �-a Ives m �nmhaa pn,rwaivual cvryomLwr u,d Thal he acAmwlMped Ivme Ixal he minntarily dLg the£vsagowp awwneas for the s sths— express d.dIn the sepaamtaun ermaciry sv staled. lhave rereivea sasiaf wrnry ,aepeeeem=arsm,'aiavnky;hnlermrnnr��k.�dx,1 kkLata�af��. wilncea my hwd Bad of9 d seal. 11j,ft�Len Jur vi'.]J� ,21119, mow.- M MI-Y uHicial tllpmw��re//nfNnury Privtcd Name: K-40m PA 1Ark­ANutnry Pobllc KY Caltmrixstols ErFnn•.vl �Y+� M df [01NUSARJALSTAMRSCAFJ to NOTAR tiz c j�`O81IG�S y Co\7� lhint Name✓ 1/nna �d fl.S:n i I rl rvEa: La.,a owHs slarcayn'vnxrn cnrzul�A C(11RfR f)P fT 1, ��'I�l� fLP]—.il,e wdnsi Pmad WJary Puhlic of the Conroy and s(ale afo dcaufy7 t I JiY`L) Nilih pc+➢mNnYapyemedbeforerae lhfs Jpy, acknnwled€inP m ow thai hn'she columanlY sly,ed el;d exan{ed the rm�etgoingdacumrnL 1 hate ,xaved mliafulury esvleane nflhepr.. m's i11rn1hY is the fomr of dJf V,ICfS �-IC:yi��. Wlvw my hw,d rod Nnle,ix7 Na`nlyal�,,E,11ye,,Cy/s�L tore 4 rynf Ju 29t8. Prin,a4Namc: �iy ��uumry Puhli, Myafmm;.snn a=mrtw: � k9n�1°f �71 ZO z l lu'r'Jx NO'f.VtL1L SjAMP-SEAL] vvy�pSETTE,e'y'!.a PUBLIO e�: l:[L4NTf1R: tly� Prirrl Nxrnc: ��4�h�.—ZLY�-} Tine: � and -QW^u _ STATE pR NCINTHC'ATIOLINA ,OLNTVpF pl(t)r— L !��' �h rt�in ihe�inefuvgrri NnratY RrElk aYthe ryanry antl Stale xfgr>•said, eenify War - I� pRwually apo—d be-- fi a day, acknowJedydnx to me Ihal itc,'elia tnfanlenly xigom aW eiwuyj the Pwe9 ,v rineumrnt I date rcccrYcd smlaF.:Wpr eriddwc offivp—Ol-dvrpry mrhe llmn of— (fwft LI(�yriFe Wien ,my head and Nraartrrl sump ordeal, llrisef4 dn_v of cJ[(�l/ .�914. 0 dial ynal ofof Noipry��{l� ..`` Prial�NSmeFlle`iL I_J YAA AM1rt�rlrarY lsaillie My Camanssion E'xpircs.!`a YEM�'r 07, ZO t 1 A—WTAk sCAMfR RALJ Ir YE t rtlrr NOTAll _era,, PydOLlG r�r l.a. k�.,.d�rnn✓ STnTe. TIIfAMI Ma m r,F�L,i�a`i4, �nn.tlL_ ni' �[ iM mrcMmil.4y��nr.ai. w�i.�GnlvW4a� .raow M Av B>rn,:w',r.11 e�r.,x�eer r ,.Jq� .r rx we ii ew it npuJaue.mN�lrlp lgeidvJ iiv mw rM ..��,.em.i.! y Yu�Walni iFcrma.i:.�wnnru.il�brwu. �.�Kb (fin AraM M1am NlrcrC/31; 1J�C .r.rbW. mm�x rim amumnw�s�y„ .d'°•'�e GRANTOR: Prim Name: Sala rlP 5lnr,!!l Tnlr. S1 na 0— STATE OF NORTH CAROIfNA CULNTYUF �L�r I, h`"r x- olr,Kseid, aplily ihnt SYnne 1/- ,Ihcwtdciaiguod Notary Public of the County and Start dU Y'✓I ycr .11y aW..d bd—mctlua day, acknrnvledgingm me that helshe w]uninnly signed and eaxvted rAe i'or\ecning doer.prerar_ Ihnw >comvwl salisFacrory widrnru nl'rhePmnn'x idrnaity io abc form of jf{ 1 f� f �[)�$t ws— my Head and xm—1 atara{p�aranwl/. rn;s��'y4Yff n� mY�oyl�t-s(! zola. e\LM �i11 JfV�L{AU Ll�.i-� Printed N—Vl Y1�TIf- l.{ IhVtdry Public My ConaNssion Expirc+, 7.V�FIR!]�'{ ��r �Z IA= NOTAR,Pajr 4tlANty lGE.41.1 TTAEE+ TTT �,•'a l>