SW5240103_Wetland Determination/Report_20240422

2401 Brentwood Rd, Suite 107
ierracon Raleigh, NC 27604
P [phone]
Terracon.com
November 30, 2023
Mack Gay Associates, PA
1667 Thomas A. Betts Pkwy
Rocky Mount, NC 27804
Attn: Mr. Scott Bumgarner
E: [e-mail]
RE: Rocky Mount Memorial Park
Nash County, NC
Proposal No: P70237669
Dear Mr. Bumgarner,
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to present Mack Gay Associates,
PA (Client) with this proposal. Our proposed scope of services and compensation is provided in the
following sections and is based on the provided plans, property records and parcel data available
from Nash County online resources. The study area consists of an approximately 9-acre portion of
Nash County PIN 384200020743. Please note that we will require a right of entry form from the
property owner (or contract holder) to enter the subject property.
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Rocky Mount Memorial Park I Nash County, NC -—
November 30, 2023 I Terracon Proposal No. P70237669 r Terracon
Scope of Services / Compensation
Task 1: Wetlands and Waters Delineation Fixed Fee: $1,500.00
Prior to initiating field work, Terracon will conduct an initial review of the approximately 9-acre site
that includes a desktop review of readily available resource mapping and data sources that may
include historic aerial photographs, U.S. Geological Survey (USGS) topographic maps, U.S. Fish
and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, USGS National
Hydrography Dataset (NHD), soil data from the Natural Resources Conservation Service (NRCS),
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), publicly
available elevation data such as light detection and ranging (LiDAR) data, and/or other related
data based on availability. The methods Terracon will use in the wetlands and waters delineation
generally follow the Corps of Engineers Wetland Delineation Manual, dated 1987, the Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain
Region (Version 2.0), and the Methodology for Identification of Intermittent and Perennial Streams
and Their Origins (Version 4.11). Our professional opinion regarding jurisdiction is subject to review
and concurrence from the U.S. Army Corps of Engineers (USACE).
The wetlands and waters delineation will evaluate whether the study area contains wetland or
water features that meet current criteria to be considered jurisdictional under Sections 404 and
401 of the Clean Water Act. Terracon will also identify whether water body features that may be
present in the study area would be subject to consideration under local riparian buffer rules.
Delineation flags will be hung at selected points intended to be inclusive of the approximate
boundaries of both wetlands and other water bodies. A field sketch can be prepared using non-
survey grade GPS data to depict the approximate location of the delineated features along with
the established flagging sequences. The field sketch, and supporting data, can be used by a
Professional Land Surveyor (PLS) to aid in locating the delineated features. The GPS-based sketch
is not a replacement for a traditional survey prepared by a PLS. A brief letter of findings will
accompany this field sketch and will also document the methodology of the delineation effort and
provide recommendations based on best professional judgment.
Delineation results are considered preliminary and subject to review and concurrence from USACE
either through a jurisdictional determination process or permit review.
Task 2: Preliminary Jurisdictional Determination (If needed) Fixed Fee: $1,000.00
Upon completion of the delineation, and if requested by the Client, Terracon proposes to prepare
a Preliminary Jurisdictional Determination (PJD) request suitable for submittal to the USACE to
initiate the delineation review process (if wetlands or WOTUS are identified). USACE has the
discretion to conduct either an on-site review or a desktop review. USACE continues to accept and
process requests for the confirmation of wetland and stream delineations, as well as requests for
PJDs. However, if these requests are not associated with a permit request, USACE's processing of
these stand-alone JDs and delineation confirmations may be substantially delayed. If an onsite
review is scheduled, senior Terracon staff will plan to accompany USACE onsite to review the
delineation results to obtain their concurrence. If USACE does not schedule a site review, Terracon
will request that USACE provide a "delineation concurrence" email. A PJD is not a prerequisite for
future USACE Section 404 permitting but can serve to alleviate uncertainty regarding the potential
jurisdictional status of some features and we recommend that it be submitted to USACE as part of
your due diligence. Note that the preliminary delineation results from Task 1 are subject to change
based on the onsite PJD review performed by USACE, if they choose to review the delineation.
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November 30, 2023 I Terracon Proposal No. P70237669 r Terracon
Task 3. Project Management Fixed Fee: $300.00
This task covers day-to-day project management tasks associated with this project. Tasks include,
but are not limited to, project kick-off and the initial safety meeting, site safety check ins, phone
calls and emails with the client and/or engineer, one virtual meeting, informal consultation with
regulatory agencies (only with Client's approval), and project invoicing and updates. This task also
includes data and document review and project oversight by the assigned Authorized Project
Reviewer (APR).
Limitations - Conditions within WOTUS naturally change over time and can vary seasonally over
short periods. Effects of man-made disturbances and/or temporal variations (e.g. rainfall, season,
drought), and/or subjective regulatory interpretation of data and field conditions may preclude
assessment in conformance with USACE requirements and sometimes significantly affect findings,
conclusions, and recommendations.
Official authority to perform a determination defining applicable jurisdictional limits rests solely
with the United States Environmental Protection Agency (USEPA); however, authority has been
delegated to the USACE. Jurisdictional Determinations are made by the USACE, upon specific
written request, on a case-by-case basis and may make use of certain information at its disposal
(such as other permits and studies) that may not be readily available to the public.
Important Note - The state and federal agencies that we rely on as part of our work are being
affected by the outbreak of COVID-19. Many agencies are encouraging employees to work from
home or are temporarily closing. Unfortunately, this could impact the work that we do in a
manner out of our control and cause potential delays on projects. We strive to serve our clients
in a timely manner and will keep you informed of anticipated delay should your project be
directly affected.
Site Access and Safety - Client shall secure all necessary site related approvals, permits,
licenses, and consents necessary to commence and complete the Services and will execute any
necessary site access agreement. Consultant will be responsible for supervision and site safety
measures for its own employees but shall not be responsible for the supervision or health and
safety precautions for any third parties, including Client's contractors, subcontractors, or other
parties present at the site. In addition, Consultant retains the right to stop work without penalty
at any time Consultant believes it is in the best interests of Consultant's employees or
subcontractors to do so to reduce the risk of exposure to the coronavirus. Client agrees it will
respond quickly to all requests for information made by consultant related to Consultant's pre-task
planning and risk assessment processes. Client acknowledges its responsibility for notifying
Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals
who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms
associated with the coronavirus.
Terracon's services will be performed in a manner consistent with generally accepted practices of
the profession undertaken in similar studies in the same geographic area during the same period.
Terracon makes no warranties, expressed or implied, regarding its services, findings, conclusions
or recommendations. Please note that Terracon does not warrant the work of regulatory agencies
or other third parties supplying information. These services will be performed in accordance with
the scope of work agreed with you, our client, as set forth in this proposal. Findings and conclusions
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Rocky Mount Memorial Park I Nash County, NC -—
November 30, 2023 I Terracon Proposal No. P70237669 r Terracon
resulting from these services will be based upon information derived from on-site activities and
other services performed under this scope of work; such information is subject to change over
time.
We are pleased to submit this proposal and appreciate your consideration of our services. If the
scope of services and budget as described herein are acceptable, work may be initiated by
returning an original copy of the Agreement for Services to our Raleigh office. This proposal and
the Agreement for Services shall constitute the exclusive terms and conditions for the services to
be performed for this project. This proposal is valid for a period of 60 days following the date of
issuance. We appreciate the opportunity to provide this proposal and look forward to working with
you on this project. If you should have any questions or comments regarding this proposal, please
contact either of the undersigned.
Sincerely,
Terracon Consultants Inc.
hiannon Gnahatikt
Rhiannon Graham Jeff Harbour, SPWS
Senior Staff Scientist Senior Scientist
Attachment: Agreement for Services
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jierracon
Reference Number:P70237669
AGREEMENT FOR SERVICES
This AGREEMENT is between Mack Gay Associates, P.A. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by
Consultant for Client on the Rocky Mount Memorial Park project("Project"), as described in Consultant's Proposal dated 11/30/2023 ("Proposal"), including
but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is
incorporated into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in
Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant
safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate
software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated
into this Agreement). If not stated in either,fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least
monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older. Client agrees to pay all collection-related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal,state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages,and expenses to the extent such claims, losses,damages,or expenses are legally determined to be
caused by their negligent acts,errors,or omissions. In the event such claims,losses,damages,or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s)or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i)workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
commercial general liability insurance($2,000,000 occ/$4,000,000 agg); (iii)automobile liability insurance($2,000,000 B.I. and P.D. combined single
limit); (iv) umbrella liability ($5,000,000 occ/ agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be
provided upon request.Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.
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10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent,and reputable engineer,architect,or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce-not eliminate-project risk.Client shall cause all tests and inspections of the site,materials,and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended
purpose. Client is responsible (even if delegated to contractor)for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the
project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work,or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services.The quantities,when given,are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials("Affected Materials")at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a
generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities.Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant's attention,are not correctly marked, including by a utility
locate service,or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site
conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk
assessment processes.
Consultant: Terracon Consultants, Inc. Client: Mack Gay Associates,P.A.
By: /#144^ Date: 11/30/2023 By: Date:
Name/Title: Jeffery W Harbour/Senior Scientist Name/Title: Scott Bumgarner/
Address: 2401 Brentwood Rd Ste 107 Address: 1667 Thomas A Betts Pkwy
Raleigh, NC 27604-3686 Rocky Mount, NC 27804-2265
Phone: [phone] Fax: [phone] Phone: [phone] Fax:
Email: [e-mail] Email: [e-mail]
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