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HomeMy Public PortalAbout139-2021 - Ron L. Dixon Natural Resource Consultant - mitigation of RTP Trail (Heritage Trail) PROFESSIONAL SERVICES AGREEMENT�,-� / THIS AGREEMENT made and entered into this 9^ day of /��V�Gs' lec 2021, and referred to as Contract No. 139-2021, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Ron L. Dixon, Natural Resource Consultant, 7719 Knapp Road, Indianapolis, Indiana, 46259 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional consulting, mitigation, and monitoring services for the mitigation of the Riverside Heritage Trail (also referred to as a Recreational Trails Program and"RTP" Trail) for the City of Richmond(hereinafter"Project"). The proposal of Contractor, dated September 27, 2021, is attached hereto as Exhibit "A", which Exhibit consists of thirty (30) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform all work and provide all services described on Exhibit «A Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions,terms, or conditions of this Agreement,this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 139-2021 Page 1 of 7 SECTION III. COMPENSATION The Contractor shall be paid a total amount not to exceed Forty-eight Thousand Dollars and Zero Cents ($48,000.00), for complete and satisfactory performance of the work required hereunder. Contractor shall submit three (3) invoices, each in the amount of Sixteen Thousand Dollars and Zero Cents ($16,000.00) and each invoice shall be submitted annually at the end of each year when monitoring reports are submitted to the City and submitted to the Indiana Department of Natural Resources ("IDNR"). SECTION IV. TERM OF AGREEMENT This Agreement shall be effective when signed by the parties and shall continue in effect until satisfactory completion of the Project. This Project shall consist of the three-year monitoring period as described in Contractor's Proposal (Exhibit"A"). Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice,whether oral or written,by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination,the portion to be terminated. Page 2 of 7 I This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that { nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts !, 1 of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this E' Agreement,purchase and thereafter maintain such insurance as will protect it from the claims set is forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone ;- directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may �, be held responsible. Coverage Limits A. Worker's Compensation& Statutory Disability Requirements ,A B. Employer's Liability $100,000 [ ,f S I1 C. Comprehensive General Liability 9 ' Section 1. Bodily Injury $1,000,000 each occurrence `? I., $2,000,000 aggregate ;E k' dSection 2. Property Damage $1,000,000 each occurrence M: D. Comprehensive Auto Liability i •, Section 1. Bodily Injury $1,000,000 each person1. tit $1,000,000 each occurrence ; 1' 'A Section 2. Property Damage $1,000,000 each occurrencetl Page 3 of 7 ts E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,before commencing work under this Agreement,provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. ""` _— SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Page 4 of 7 Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety(90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability,national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race,religion, color, sex,national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. Page 5 of 7 SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI.MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the.entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion,negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. • [Signature Page to Follow.] Page 6 of 7 In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, RON L. DIXON INDIANA by and through its Natural Resource Consultant Board of Public Works and Safety 7719 Knapp Road Indianapolis, IN 46259 By: By: 44P/072.....9/- Vicki Robinson,President By: O Printed: -Ran /1. t i 'Ica Il, Emily P Amer, Member By: Title: u-efi / 6" Matt Evans,Member Date: Date: /g v/--"Z6 APPROVED: i M. yor Date: ��//1/1`),c.V Page 7 of 7 ROIL L. Dixon 7719 Knapp Road Natural Resource Consulting Indianapolis,Indiana 46259 Tel:(317)862-7446 PROPOSAL: September 27, 2021 To: Greg Stiens, Director of Public Works & Engineering, City of Richmond, Indiana RE: Bid for providing Professional Services for Mitigation of the RTP Trail. Dear Mr. Stiens: I appreciate the opportunity you and the City of Richmond have provided for my company to bid on assisting with the mitigation of the RTP Trail. Over the past 32 years I have done numerous successful mitigation projects for streams, wetlands, and floodways. This includes working for various units of governments, residential and commercial land developers, hospitals, airports, etc. Natural Resource Consulting is one of the oldest and most well know environmental consulting firms in Indiana. I have enclosed some supportive information per your request. Our Bid is: $48,000.00 to be spread out over the three-year monitoring period with payments of$16,000.00 annually at the end of each year when monitoring reports are submitted to the City of Richmond and the IDNR. My contact information is: Indianapolis Office: (317) 862-7446 Mobile/Field Office Trailer: (317) 902-3300 Email: naturalresourceconsulting@gmail.com Thank You. Ron Dixon Natural Resource Consultant EXHIBIT PAGE I OF 30 ,t " + Ric*-...,,, /die:s",f-' i ---1, fixt--:- .04,;\ ropittl ;.f 1 l t 11:� 1 \"'''.'"(1S1151: 7 CITY OF RICHMOND, INDIANA REQUEST FOR PROPOSALS PROFESSIONAL SERVICES - MITIGATION OF RTP TRAIL KARA MESSLER- PURCHASING MANAGER - (765) 983-7214 I 1 t EXHIBITPAGE 2 QF � REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES MITIGATION OF RTP TRAIL IN RICHMOND, INDIANA BIDDING, MONITORING AND REPORTING PROJECT DESCRIPTION:The City of Richmond is requesting Proposals for Professional Services • to assist the City of Richmond, Indiana in completing the mitigation requirements set forth in the INDR approved Mitigation Plan. (See attached) PROFESSIONAL SERVICES: 1. Assist in the creation of Bid Documents 2. Provide list of Nurseries that have previous experience in mitigation 3. Review bids 4. On-site pre-construction meeting 5. On-site inspection at Nursery and approval of trees selected 6. Mitigation Site Inspections and Reports . 7. Provide services required for monitoring program set out in the Indiana Natural Resources Commission Information Bulletin #17 (Fourth Amendment),January 15,2019 (NRCIB#17), Indiana Register DIN:20190130-IR-312190041NDA. MINIMUM INFORMATION REQUIRED IN PROPOSAL: 1. Name and Address of Company 2. Contact person and position 3. Telephone number 4. E-mail 5. Past Experience - 6. References 7. Fee Schedule Contact Greg Stiens Ditector of Public Works and Engineering, at 765-983-7394 or e-mail questions to gstiens@richmondin iana.gov i If you are interested in providing the requested services, please note that four(4) copies of the Proposal must be received by Kara Messler-Noe, Purchasing Department, 50 North 5th St, Richmond, Indiana 47374 no later than 4:59 p.m. on September 30th, 2021. All proposals must be placed in a sealed envelopes marked "Confidential—Mitigation of RTP Trail"on the outside } of the envelope.The City of Richmond reserves the right to reject any and/or all proposals. • { 1 I t i t i EXHI'ai� RICHMOND RTP TRAIL CONSTRUCTION IN A FLOODWAY PERMIT PERMIT#FW-30330-0, MITIGATION PLAN AND SPECIFICATIONS • JUNE 5,2020 PREPARED FORAPPLICANT: CITY OF RICHMOND/GREG STIENS PREPARED BY: GREEN3 LLC 1104 PROSPECT STREET INDIANAPOLIS,IN 46203 • 3.17.496.5651 www.Green3studio.com ERIN MULRYAN,PRINCIPAL IN CHARGE • DAWN KROH,RLA—CERTIFIED MITIGATION PLANNER AIMEE ADAMSON—PERMIT&MITIGATION COORDINATOR 'EXHIBIT PAGE t'( OF% RICHMOND RTP TRAIL CONSTRUCTION IN A FLOODWAY PERMIT#FW-30330-0 MITIGATION SITE PLAN JUNE 5,2020 • PAGE EXHIBIT -- 5 OP2,- . •• I. o 51teifgRR'-:,''' :' t ;: I'b'i:i 4!Ia±AL ''• • —.: .,' / • I 1 • Il o ;9;'- ,e c j 7 • ' Goode Earth ` r"it K '.c, N . tit` 4 ' +' r .4 r I tons I AL P rrT_©, •a -_ ._ _.�_� .,. !- i.. - - f ! ,. _ - RICHMOND RTP TRAIL . CIF MITIGATION SITE PLAN l • t • - PERMIT#FW-30330-0 l - Y _ _ _ Permit requires a total of 132 trees(66 overstory trees,66 understory trees),and.44 acres of native seed be planted to mitigate for construction impacts.Trees and native seed will be planted in the floodplain of a species,type and size as noted in the attached mitigation specifications. Property Owner,CITY OF RICHMOND Mitigation materials,methods and monitoring program must conform with the requirements set out in the Indiana Natural Resources Commission Information Bulletin#17(Fourth Amendment),January 15,2019(NRCIB#17),Indiana Register DIN:20190130- IR-312190041NRA. EXHIBIT r- PAGE (Q OF ' WOODY MITIGATION SPECIFICATIONS CIF PERMIT#FW-30330-0 DESCRIPTION:This work shall consist of furnishing and placing .44 acres of native trees other inherent horticultural management practices within the mitigation area limits as designated on the plans and in accordance with these specifications. Mitigation materials,methods and monitoring program must conform with the requirements set out in the Indiana Natural Resources Commission Information Bulletin#17(Fourth Amendment), • January 15,2019(NRCIB#17),Indiana Register DIN:20190130-IR 312190041NRA. MATERIALS: Provide woody plants for planting in zones as specified below.All trees shall conform to ANSI Z60.I American Standard for Nursery Stock.Species included in the mitigation zone shall include at least five canopy species,and at least 5 understory species suitable to the region of Indiana where the project is located. All trees to be planted within the mitigation areas within the floodplain as shown on plans. 1. Mix of tree species to include the following: Scientific Name Common Name Oty Type Liriodendron tulipifera Tulip Tree 18 canopy tree Quercus bicolor Swamp White Oak 12 canopy tree Platanus occidentalis American Sycamore 12 canopy tree • Carya ovata Shagbark Hickory 8 canopy tree Acer saccharum Sugar Maple 16 canopy tree Cercis canadensis Redbud 12 understory tree Asimina Triloba Common PawPaw 12 understory tree Prunus serotina Black Cherry 6 understory tree Populus tremuloides Quaking Aspen 24 understory tree Coruns alternifolia Alternate-leaf Dogwood 12 understory tree 2. A single species shall not comprises more than twenty percent(20%)of the canopy or understory trees planted for mitigation,with trees of selected species planted in approximately equal numbers. . STZR OF PLANT MATERIAL 1. All canopy trees shall be 5 gallon container grown stock,4-6 feet in height and 1"-1 %"caliper. 2. All understory trees to be 3 gallon container grown stock.. SOURCE QUALITY CONTROL 1. General: a) Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. b) Comply with all applicable local,state and federal requirements regarding materials,methods of work, - 1 and disposal of excess and waste materials. c) Plant names indicated,comply with"Standardized Plant Names"as adopted by the latest edition of the American Joint Committee of Horticultural Nomenclature. Names of varieties not listed should conform generally with names accepted by the nursery trade. Provide stock true to botanical name and legibly tagged. d) Comply with sizing and grading standards of the latest edition of"American Standard for Nursery Stock"ANSI Z60-1-1990. A plant shall be dimensioned as it stands in its natural position. e) All plants shall be nursery grown under climatic conditions similar to those of the locality of the project, USDA Plant Hardiness,Zone 4,5,or 6. . 2. Substitutions. a) If specified plant is not obtainable notify Owner's Representative and present proposal for use of . substitutions at preconstruction meeting. b) Owner must obtain approval for material equivalency from IDNR prior to issuing final approval for all substitutions. SUBMITTALS 1. Certification: Submit certificates of inspection as required by governmental authorities. Submit data substantiating that materials comply with specified requirements. EXHIBIT_A.-PAGE T OF P , 2. Planting Schedule: a) Submit proposed planting schedule indicating dates for planting during normal seasons for such work in area of site for approval by Owner's Representative. Trees may be planted either September 15 to the earlier of December 15 or until the ground has frozen,or the latter of March or when the frost leaves the ground in spring to June 1. b) Spring planting is always preferred. PRODUCT DELIVERY,STORAGE AND HANDLING 1. Trees and shrubs to be protected from damage during delivery to site. All plants shall be tagged and clearly labeled with common name and botanical name. 2. All plant material shall be kept moist during transportation and storage. 3. Plant material shall not be subjected to freezing,drying or excessive warming. All plant material exposed to these conditions will be rejected. 4. All plants to have healthy top growth and with established root system. Dead,diseased,or unhealthy plants will not be accepted. 5. Delivery: a) Deliver all trees after preparations for planting have been completed. Install all plant material immediately upon delivery to site. b) Only the number of trees that can reasonably be planted during a single day should be removed from storage and these plants shall be kept moist at all times. c) If planting is delayed more than one day after delivery,set trees in shade,protect from weather and mechanical damage,and keep roots moist by covering with mulch,burlap or other acceptable means of retaining moisture. d) If tree planting is delayed over three days,notify Owner and provide reason for delay. CONSTRUCTION PRECONSTRUCTION MEETING. An on-site preconstruction meeting may be held with the Owner's Representative to discuss the project. All species substitution requests will be made as a part of this meeting. QUALITY ASSURANCE. Tree installation shall be performed by one or more firms specializing in landscape installation and long-term establishment of native trees in natural settings.Install as shown on plans and in keeping with best industry standards. JOB CONDITIONS 1. Proceed with and complete site prep and tree installation work as rapidly as possible,working within seasonal limitations for work required. 2. Landscape contractor to coordinate with bridge and retaining wall contractor to verify construction timeline and coordinate planting schedule. 3. Utilities: a) Determine location of all underground utilities and perform work in a manner that will avoid possible damage. b) Hand excavate as required within areas where utility and other site obstructions must be avoided. c) Provide proof of request for utility marking to Owner's Representative. Include receipt number,date of call,and contact person. d) If modifications to mitigation plan are required due to utility obstructions contact Owner's Representative to request on-site inspection and/or approval for suggested revisions. 4, Planting Time: a) Plant material shall be planted during the period from September 15 to December 15 or until the ground has frozen or after March 1 or when the frost leaves the ground in spring to June 1. b) Spring planting is preferred. PLANT INSTALLATION 1. Prepare area for tree planting.Complete all tree pruning and thinning of existing trees and vegetation on site as needed to remove dead or diseased wood and provide a clear area for new tree planting. Remove all exotic invasive species in mitigation area prior to planting. a) Remove soil in plant hole or area to and amend with topsoil as needed.Do not disturb and work around existing native vegetation growing in mitigation area. EXHIBIT tc PAGE t OI)d • i. Amended topsoil shall be mixed at a ratio of 1 part compost to 2 parts topsoil.Amended topsoil soil shall be mixed with existing soil in bed to provide a 12"deep tilled planting layer and provide a soil transition between the amended topsoil and structured backfill. ii. Finish grade of planting bed shall match original slope grade prior to planting. iii. Slope planting areas slightly where needed to provide positive drainage. 2. Set out and space plants in mitigation zone as indicated on plans and to meet spacing standards.The spacing of trees is intended to optimize the use of the site by wildlife and create conditions suitable for the development of a mature riparian forest. a) To the extent feasible,woody riparian vegetation is planted with random spacing to simulate natural stocking.Trees to be planted on a 12'grid spacing and contractor shall accomplish random appearance by adding or subtracting one foot to the planting distance between every other tree,an offset grid to give the appearance of random spacing. b) Trees and shrubs should be planted no further than 10 feet from the proposed mitigation project limits. c) Plant canopy trees 12'apart or 302 plants per acre.Do not plant canopy trees under existing mature tree canopy. d) Plant shrubs and understory trees 5 to 6 feet apart between trees,depending on large tree spacing until all quantities of shrubs have been set in place. Because the canopy tree to shrub/understory tree ratio is 2:1 per a planting rate of 302 plants per acre for shrubs and understory trees is required. Not every space between every canopy tree will have a shrub planted. e) If container plant material is installed in rows avoid a grid pattern by adding or subtracting one foot to the planting distance between every other tree. t) Clumping a single species in an area is avoided. g) Understory trees are planted between every other canopy tree and their species are mixed. h) Mitigation species are categorized according to their standards associated with riparian habitats and are planted in locations that most closely match their preferred place in the landscape. The location index is included in the IDNR Mitigation Guidelines listed in Indiana Register DIN:20190130-IR- 312190041NRA. • i. Species with a FACU status are planted in the floodway farthest from the stream or within dryer areas. ii. Species with a FAC or a FACW status are placed in the floodway closest to the stream or within wetter areas. iii. Species with an indicator status of OBL are placed in the wettest areas of the floodway. 3. If the planting area is in turf prepare the site by mowing to a height of not more than six inches to provide a suitable planting area generally free of vegetative competition not more than ten days before trees are planted.If the planting area exists as pasture or agricultural land the area should be treated at least once with an herbicide,preferably twice with roughly two weeks between treatments,to control vegetation in the vicinity of the tree planting area. 4. Dig holes large enough to allow spreading of roots,and backfill with planting soil. 5. Fertilize trees as required for each species in accordance with best industry standards and practices. 6. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. 7. Trees shall be planted so the root collar is no deeper than V2 inch below the ground surface. 8. Stake all trees to secure in place on slope according to INDOT standard provisions for staking,or approved equal. Make sure that all trees are also firmly anchored on slope to avoid shifting or downslope migration. 9. Water thoroughly after planting,taking care not to cover plant crowns with wet soil. 10. Mulch with 3"of Forest Fines or approved equal. 11. Any tree planting area with a slope greater than 3:1 may require erosion control blankets and/or similar products to stabilize grade post planting. a) Erosion control blankets and similar products need to be biodegradable and net free.Useloose-woven/ Leno-woven netting to minimize the entrapment and snaring of small-bodied wildlife such as snakes and turtles. PLANT ESTABLISHMENT Establishment of trees shall consist of a proper bed preparation,installation,slope stabilization and watering. All trees shall be alive and in good condition prior to acceptance. General Maintenance by Contractor: 1. Begins immediately after each area is planted and continues for one year until planting has passed final EXHIBIT PAGE 0\ OF 5 inspection and acceptance by Owner.Maintenance includes weeding,cultivating,mowing,removal of dead materials,pruning,resetting trees to proper alignment and grades and other necessary operation. 2. Periodic maintenance will be required during establishment and monitoring period to maintain trees.After planting,non-native vegetation around the base of all trees shall be pulled or mowed when weeds reach 12 to 18 inches. Mowing should not occur if the area was seeded with a native seed mixture.Tilling around trees should be avoided and herbicides should be used only if necessary and applied according to directions. a. In areas with high deer density,predation control fencing may be required to eliminate deer browse and keep trees in good condition. 3. Any trees not passing final inspection shall be replaced and maintained for one additional year from the date of replacement.A maximum of one replacement shall be required for each tree. 4. Contractor shall make sure that all trees receive adequate moisture during warranty period. Plants will die if adequate moisture is not provided during the period of establishment. If trees to do not receive at least.25 inches of naturally occurring rainfall per week contractor shall provide water bags and/or water plants to provide equivalent moisture levels. • GUARANTEE,INSPECTION AND ACCEPTANCE All trees shall be guaranteed for one year beginning at the time of completed installation. All areas damaged directly or indirectly as a result of work prior to final acceptance of the project shall be replaced by Contractor. All plant material that is dead or not in satisfactory condition during or at the end of the guarantee period shall be replaced by the Contractor. 1. All trees planted shall have an 80%survival rate. 2. All areas damaged directly or indirectly as a result of work prior to final acceptance by Owner shall be repaired and/or replaced. Replacement trees shall be of the same variety and species installed,unless directed otherwise by the Owner's Representative. 3. A map showing the locations of trees installed,the tree type planted,and at least 10 photos of the planted area showing all trees alive shall be provided to Owner's Representative in order to obtain final acceptance. 4. Final Acceptance will be made by Owner's Representative when the above conditions are met,but no later than one full year following installation. CLEAN UP AND PROTECTION 1. During landscape work,keep pavements clean and work areas in an orderly condition. 2. Protect landscape work and materials from damage due to landscape operations by other contractors and trespassers. Maintain protection during installation and maintenance periods. Treat,repair and replace damaged landscape work as directed. 3. Protect existing vegetation on and adjacent to site from unnecessary damage to roots or top growth. MONITORING AND REPORTING 1. A monitoring report assessing the condition of the Woody Mitigation must be submitted to IDNR annually from 3 years following the initial installation 2. The annual monitoring report shall include the following: (1) At[east ten photographs of vegetation. (2) Identification of the location and species of trees planted. (3) The number of trees planted. (4) A list of species on-site,including volunteer woody species. - (5) The estimated survival rates of trees planted. (6) A narrative of the project accomplishments. (7) Goals achieved. • (8) Plans for the completion of successful mitigation. 3. The annual report shall be sent to the Division of Water for review the initiation,progress,and success of mitigation. 4. If success is not reached by the end of the three-year monitoring period,a new mitigation plan shall submitted that includes an extended monitoring period.Action for a mitigation site that has not succeeded may include regrading,replanting,relocation,and any other reasonable initiative to achieve its purposes METHOD OF MEASUREMENT: Native trees and shrubs will be measured per each installed alive,complete and in place. Trees must be planted within designated mitigation site boundary as shown on plans in order to be measured for payment. EXHIBIT PAGE OF BASIS OF PAYMENT: The accepted quantities of work will be paid for at the contract unit price for the specified material installed complete in place as approved by the Owners Representative. The cost for site preparation and all incidentals for furnishing and placing,fertilizing and provision of all soil amendments and maintenance for all trees shall be included in the cost of Mitigation Payment will be made according to the following units: Pav Item Unit Native Overstory Tree,5 gallon container Each Native Understory Tree,3 gallon container Each EXHIBIT (fir PAGE 1( OF5o HERBACEOUS RIPARIAN MITIGATION SPECIFICATIONS CIF PERMIT#FW-30330-0 DESCRIPTION:This work shall consist of furnishing and planting.44 acres of native herbaceous riparian seed • mix and other inherent horticultural management practices within the mitigation area limits as designated on the plans and in accordance with these specifications. Mitigation materials,methods and monitoring program must conform with the requirements set out in the Indiana Natural Resources Commission Information Bulletin#17 (Fourth Amendment),January 15,2019(NRCIB#17),Indiana Register DIN:20190130-IR-312190041NRA, • MATERIALS: 1. Provide native herbaceous seed mix required to plant.61 acres of mitigation. No hybrids,oultivars,or genetically modified seed will be accepted. Seed mix shall include at least ten species of grasses,sedges, and wildflowers,with a balance of plant types so no single group dominates.Install as shown on plans and in keeping with best industry standards for native seeding of herbaceous riparian habitat. 2. No Tall fescue seed is to be used.Tall fescue is toxic to wildlife and many other plant species,including seedling trees and is prohibited from use in all mitigation areas. Seed Mix to include the following: Scientific Name Common Name %of Total Mix Type Panicum virgatum Switchgrass 20% grass Elymus canadensis Canada Wild Rye 15% grass Elymus hystrix Bottlebrush Grass 15% grass Helipsis helianthoides False Sunflower 5% wildflower Geum canadense White Avens 5% wildflower . Verbesina alternifolia Wingstem 10% wildflower • Solidago gigantea Late Goldenrod 5% wildflower Rudbeckia trilobal Brown Eyed Susan 10% wildflower Symphyotrichum lateriflorum Panicled Aster 5% wildflower Phlox divaricate Wild Blue Phlox 10% wildflower SOURCE QUALITY CONTROL 1. General: V f) Comply with IDNR CIF permit regulations regarding acceptable mitigation practices and materials. g) Ship all seed and other landscape materials with certificates of inspection required by governing authorities. • h) Comply with all applicable local,state and federal requirements regarding materials,methods of work, . and disposal of excess and waste materials. i) Plant names must comply with"Standardized Plant Names"as listed on the Herbaceous Riparian _ Vegetation List included in NRCIB#17. 2. Substitutions. c) If specified seed is not obtainable notify Owners Representative and present proposal for use of substitutions. Only substitutions permitted shall be those included in the NRCIB#17 vegetation list. d) Owners Representative reserves the right to determine substitution equivalency and must obtain IDNR approval prior to issuing approval for any substitutions not listed in the NRCIB#17. • SUBMITTALS 1. Certification: Submit certificates of inspection as required by governmental authorities. Submit seed mix data substantiating that materials comply with specified requirements. 2. Planting Schedule: c) Submit proposed planting schedule indicating dates for planting during normal seasons for such work in area of site for approval by Owners Representative. d) Submit proposed maintenance schedule from date of substantial completion through date of final acceptance for approval by Owner's Representative. a. Requests for revisions must be submitted to Owner's Representative in writing with documentation of reasons for delays. e) Engineer will provide approval in writing for any acceptable revisions of installation and maintenance schedule. . EXHIBIT A PAGE 12 OF)i PRODUCT DELIVERY,STORAGE AND HANDLING 6. Seeds are to be treated appropriately.All seed requiring scarification and/or cold temperature stratification, shall be subject to such according to best industry standards for proper germination by the seed supplier. All seed shipped to site must have stamp from supplier indicating these measures have been taken and the Pure Live Seed(PLS)percentage for each seed type provided shall be indicated. 7. After packaging by seed supplier,seed shall not be subjected to freezing,drying,waterlogging,or excessive warming prior to installation by Contractor. 8. Deliver all seed to site in original bags with tags attached indicating packing date,weight,seed species and mix ratio. 9. Provide copy of tag to Owner's Representative to validate compliance with mitigation requirements prior to seeding. CONSTRUCTION: PRECONSTRUCTION MEETING. A preconstruction meeting may be held with the Owners Representative to discuss the project. All substitution requests will be made as a part of this meeting. QUALITY ASSURANCE. Seeding shall be performed by one or more firms specializing in landscape mitigation. installation and long-term establishment of native vegetation,or approved equal. JOB CONDITIONS 1. Proceed with and complete landscape work as rapidly as possible,within seasonal limitations for work. 2. Utilities: e) Determine location of all underground utilities and perform work in a manner that will avoid possible• damage. f) If modifications to mitigation plan are required due to utility obstructions contact Owners Representative to request on-site inspection or approval for suggested revisions. 3. Native seed shall be planted during the normal planting season for seeding warm season grasses and forbes based on Iocal hardiness zone and best industry standards. PLANT INSTALLATION 1. Prepare the area for seeding. Spray existing vegetation with glysphosphate to kill all existing vegetation. Wait seven days after spraying to remove dead top growth and turn soil. Remove all roots,vegetation,and other debris from planting area. 2. Grade site and hand rake any areas to level and prepare for seeding.No prepared area shall be left exposed without seeding for more than seven days following grading.Any areas to be seeded with a slope greater than 3:1 may require erosion control blankets and/or similar products to stabilize grade post planting. a) Erosion control blankets and similar products need to be biodegradable and net free.Use loose-woven/Leno-woven netting to minimize the entrapment and snaring of small-bodied wildlife such as snakes and turtles. 3. Contractor shall mechanically seed,drill,or hand broadcast seed as needed based on site conditions. Seed may be applied as a total mix or in several passes as required based on mix type,seeding equipment restrictions,and site conditions. 4. No fertilizers or amended fillers are to be used in the mitigation area. 4. All seed must have good seed to soil contact for proper germination. Seeds are not be placed more than one- eighth(1/8)inch deep.Large seeded areas should be rolled after seeding to ensure good seed to soil contact. Smaller areas,such as those that have received hand broadcast seeding,shall be raked and tamped after seeding to maximize seed to soil contact. 5. All mitigation areas seeded with herbaceous riparian seed mix shall also be seeded with a temporary cover crop. The cover crop may be seed oats,a non-invasive annual grass,or approved equal that does not interfere with the growth of the permanent mitigation vegetation. 6. Mark perimeter of planted areas with stakes or signs to designate limits of mitigation area and to indicate these areas are native plantings that are not be moved or sprayed. ESTABLISHMENT AND SUCCESS CRITERIA 1. Establishment of seeded areas shall consist of removal of all existing invasive species, proper site and soil preparation,seed installation,slope stabilization and erosion control,and weed control. • lEXHl®IT k PAGE 1LOF'30. 2. Success Criteria shall include the following: a. The mean vegetative cover after the first year shall be eighty percent(80%). b. The dominance of native perennial species after three years shall be eighty percent(80%). c. The absence of highly invasive species. d. The minimal presence of other nonnative or noxious weed species. e. Restoration of the appropriate number of acres meeting the above success criteria. 3. All seeded areas shall meet first year success criteria for germination and vegetative cover to obtain final acceptance by Owner.Contractor is responsible for maintenance of mitigation area until final acceptance by Owner or Owner's Representative. • GUARANTEE AND FINAL ACCEPTANCE 1. All seeded areas shall be guaranteed by Contractor to obtain 80%coverage during year one. 2. All areas damaged directly or indirectly as a result of work prior to final acceptance by Owner shall be repaired and/or replaced. Replacement seeding shall be of the same variety and species installed,unless directed otherwise by the Owner's Representative, 3. A map showing the limits of plantings installed,a list of the species planted and seeding rates,and at least 10 photos of the planted area showing the required 80%vegetative cover shall be provided to Owner's Representative in order to obtain final acceptance. 4. Final Acceptance will be made by Owner's Representative when the above conditions are met,but no later than 1 full growing season following installation. CLEAN UP AND PROTECTION 1, During landscape work,keep pavements clean and work areas in an orderly condition. 2. Protect landscape work and materials from damage due to landscape operations by other contractors and trespassers. Maintain protection during installation and maintenance periods. Treat,repair and replace damaged landscape work as directed. 3. Protect existing vegetation on and adjacent to site from unnecessary damage to roots or top growth. MONITORING AND REPORTING 1. A monitoring report assessing the condition of the mitigation seeding must be submitted to IDNR annually from 3 years following the initial installation 2. The annual monitoring report shall include the following: (1) At least ten photographs of vegetation. (2) Identification of the acres planted. (3) The number of stems/acres of seed planted. (4) A Iist of species on-site,including volunteer species. (5) The estimated survival rates of planted species. (6) A narrative of the project accomplishments. (7) Goals achieved. (8) Plans for the completion of successful mitigation. 3, The annual report shall be sent to the Division of Water for review the initiation,progress,and success of mitigation. 4. If success is not reached by the end of the three-year monitoring period,a new mitigation plan shall submitted that includes an extended monitoring period.Action for a mitigation site that has not succeeded may include regrading,replanting,relocation,and any other reasonable initiative to achieve its purposes METHOD OF MEASUREMENT: Mitigation will be measured per acre installed alive,complete and in place for Herbaceous Riparian Seed Mix. Seed mix must be planted within designated mitigation site boundary as shown on plans in order to be measured for payment. BASIS OF PAYMENT: The accepted quantities of work will be paid for at the contract unit pricefor the specified seeing installed complete in place as approved by the Owners Representative. The cost for site preparation and all incidentals for furnishing and placing seed,and maintenance for all and seeded areas shall be included in the cost of Herbaceous Riparian Seed Mix. Payment will be made according to the following units: Pay Item Unit Mitigation,Herbaceous Riparian Seed Mix Acre IDNR MITIGATION GUIDELINES 2019 • • EXHIBIT t PAGE I¶ OF Indiana Register NATURAL RESOURCES COMMISSION Information Bulletin#17(Fourth Amendment) January 15,2019 SUBJECT: Floodway Habitat Mitigation I. Purpose The purpose of this information bulletin is to provide guidance for the assessment and determination of compensatory mitigation associated with an application to the Department of Natural Resources(the"DNR")for a permit under IC 14-28-1 (the"Flood Control Act")or under IC 14-29-1 (the"Navigable Waters Act"). Mitigation may be needed if a construction project is likely to reduce or degrade an existing habitat in a floodway or floodplain. The bulletin assists license applicants with understanding when mitigation is needed and, if so,the type of mitigation that Is needed. The bulletin assists the DNR with making licensure determinations.The information bulletin is not a set of inflexible standards.The guidelines are presented with an understanding each parcel of real estate is unique and offers special challenges and opportunities. The mitigation guidelines are directed most notably to projects that require a permit under the Flood Control Act and rules adopted at 312 IAC 10 to assist In implementing the Flood Control Act. The DNR's permitting responsibilities are within a"floodway"as defined by 312 IAC 1-1-16 and as described in 312 IAC 10. For purposes of this information bulletin,the"floodway"is limited to where a river or stream has a drainage area of at least one square mile. 312 IAC 10-1-2(c), The location and delineation of a floodway for a particular river or stream may be obtained from the DNR at: Division of Water • Department of Natural Resources 402 W.Washington St, Rm.W264 Indianapolis, IN 46204 Telephone: 1-877-928-3755 https://www.in.govkinr/wated An overriding concept is that mitigation provides similar or better benefits to the resources compared to the impacted area,within the same Hydrologic Unit Code Area("HUC") and preferably within the floodway of the same river or stream and within the same HUC as the project site. Activities associated with,a permit application under the Flood Control Act may require mitigation for impacts upon fish, wildlife, or botanical resources within a floodway. "Mitigation"means actions taken to eliminate, lessen, or replace the loss of environmental benefits and ecological functions and values where those benefits,functions, and values are disturbed by human activities.To obtain a permit, an applicant must prove to the DNR that regulated activities(such as filling,excavating, or building)would not result in"unreasonably detrimental effects upon the fish,wildlife, or botanical resources". IC 14-28-1-22(e). "Unreasonably detrimental effects upon fish,wildlife,or botanical resources"refers to"damage to fish,wildlife, or botanical resources that is found likely to occur by the director based upon the opinion of a professional qualified to assess the damage and: (1)creates a condition where recovery of the affected resources is not likely to occur within an acceptable period; and (2)cannot be mitigated through the implementation of a mitigation plan approved by the director."312 IAC 10-2-39. Mitigation compensates for detrimental effects upon fish,wildlife, or botanical resources and is often needed to obtain a license.The focus is generally on impacts to a stream and to the riparian habitat that surrounds a stream. The riparian area is the land adjacent to a stream that transitions into an upland habitat. Riparian habitats vary in composition based on site conditions, though common components include wetlands, forests, and open and herbaceous areas. Riparian habitats possess various functions and values, They provide vital elements in the overall landscape, such as corridors for a wide range of wildlife and important feeding and nesting areas. Riparian habitats can provide both a buffer and an ecological link between water-based and land-based ecosystems, despite often comprising a small percentage of the total land area. II.Mitigation Steps • Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 1 • EXHIBIT C1N PAGE 16 OF50 Indiana Register Before initiating mitigation, the resources in the impact site need to be evaluated. The types, diversity, and density of vegetation, stream characteristics, and proximity to other habitats are examples of characteristics to be Identified. Existing ecological condition and performance standards of the mitigation site are based on the best available science that can be measured or assessed in a practicable manner. In some instances,formal habitat evaluation may be necessary.The Floristic Quality Assessment("FQA"), Quality Habitat Evaluation Index ("QHEI"), and Headwater Habitat Evaluation Index("HHEI") are common evaluation tools, Once a site is evaluated, a strategy is developed following these steps: (1)Avoidance of Impacts to the resources. (2) Minimization of Impacts to the resources. (3)Compensatory mitigation to offset unavoidable impacts. During design, seeking avoidance of impacts is the first step.Avoidance is critical if a listed species has been recorded near the project site. Obtaining a list of threatened and endangered species from the DNR's Division of Nature Preserves early in the project development phase can help avoid impacts.For example, avoiding tree cutting at certain times of the year is a means to avoid impacts to the state and federally endangered Indiana bat. Minimization can occur through a variety of ways. Impacting the edge of forested habitat instead of fragmenting the forest is an example of minimization. Proper scheduling is another form of minimization. For example, in-stream work is scheduled outside the fish spawning season. Efforts made to restore, enhance, and preserve existing fish and wildlife habitat would be considered in evaluating a permit application.Compensatory mitigation should be the last step in mitigation after an applicant has taken appropriate and practical steps to avoid and minimize impacts. Compensatory mitigation offsets impacts to the fish,wildlife, and botanical resources by replacing lost habitat area, functions,and values.This step in the mitigation process typically involves site restoration but can also include creation, enhancement, and preservation. A. Restoration Restoration is the preferred method of compensatory mitigation and involves restoring habitat in areas that at one time likely contained habitat. Planting native trees, shrubs,forbs, and grasses, and installing in-stream • habitat features are common forms of restoration. Restoration is expected to have a higher success rate than new habitat creation, and restoration options should be considered before pursuing alternative mitigation methods. In addition to being where habitat previously existed, restoration adjacent to existing habitat is beneficial for the local environment. • B.Enhancement Enhancement generally involves adding natural habitat features within an area that already contains some natural features but may not possess all the desired qualities. Like restoration, enhancement should result in a significant increase in habitat quality. Inter-planting within an area containing some woody vegetation,or - . removing non-native,.Invasive species are examples of enhancement..Under certain circumstances, enhancement may have a negative impact on a current condition for the benefit of another.These instances typically require close scrutiny and detailed explanation of net benefits. C. Creation Creation is the construction of new habitat where the proposed habitat did not previously exist. Habitat creation may be a difficult and complex endeavor. Understanding the soils, hydrology, and topography of a site will help increase the success of habitat creation.This form of mitigation must be pursued with caution. D. Preservation Preservation sets aside a piece of existing habitat to avoid impacts by future actions. Preservation is typically part of a mitigation package that includes restoration or enhancement because by itself preservation results in a net loss of habitat. Preservation and creation are typically considered for mitigation only if no other option is available. Preservation is mainly,considered in one of the following situations: (1) Using another form of compensatory mitigation is impracticable at the approved ratio, and preservation would protect tracts with better than average quality that contain at least 10 acres. (2) Preservation would protect an outstanding resource. Date:Jan 31,2019 1:24:36PM EST DIN:20190130-IR-312190041NRA Page 2 EXHIBIT A PAGE V1 OF Indiana Register (3)A threat is demonstrated to the resource proposed for protection that is outside the control of the applicant. ill. Mitigation Site Location Mitigation sites are to be located within the floodway of a stream at or below the one square mile drainage area and within the same HUC as the impact. The mitigation should take place along the same stream as the impact when possible or another site as Close to the impact as possible. Ideally,a mitigation site should be adjacent to existing habitat of a similar type. Factors to consider in site location include: (1) Proximity to the impact. (2) Easements, (3) Suitability for protection and maintenance. (4) Current and probable future surrounding land uses. (5) Relationships to other natural areas. (6) Hydrology and soils. (7) Local fish and wildlife populations. Investigation for suitable mitigation begins within the floodway of the impacted river or stream. Proximity of mitigation to the impact site is often important. Moving mitigation to a different location, but within the same HUC, can be beneficial. For example, a different location may result in better restoration of lost functions and values or may afford a higher level of protection. IV. Mitigation Ratios The amount of compensation compared to the amount of impact is the mitigation ratio.The typical unit for the ratio is stated in acres,although linear feet or the numbers of trees may be used. Because mitigation is to offset temporal losses of functions and values and includes a risk of failure, mitigation ratios are generally greater than 1:1.There is typically some loss of functions and values from the impacted site, as well as the risk the values and functions of the original area may not be fully replaced by the mitigation effort. The mitigation ratios presented in this information bulletin are based on restoration and should be considered standard minimum ratios.The DNR • may authorize exceptions based upon the impacted habitat. If creation,enhancement, or preservation is used rather than restoration, the DNR would likely seek higher ratios,with preservation typically at 10:1 or higher. • Habitat Category Standard Minimum Mitigation Ratio Palustrine Emergent Wetland 2:1 Palustrine Scrub-Shrub Wetland 3:1 Palustrine Forested Wetland 4:1 Non-wetland forest(at least one acre of disturbance) 2:1 Non-wetland forest(less than one acre of 1:1 disturbance in a rural area) 5:1 based an trees at least ten(10) inches in diameter-at-breast-height("dbh") Non-wetland forest(less than one acre of • disturbance in an urban area) OR • 1:1 based on area Standard minimum mitigation ratios typically increase by at least 0.5 if the impact area is of high quality or is largely undisturbed. Increases of 1.0 to 2.0 are typical when the impact is to a previous mitigation site,there are cumulative effects, or if there are extended temporal delays in implementing the mitigation plan. Ratios can increase if projects continue to fall out of compliance with rules, regulations, and permits.The ratio would be • applied on a case-by-case basis. Some habitat types may be difficult to mitigate due to uniqueness, rarity, high quality, or difficulty in properly compensating, For example,fens are unique and very difficult to recreate, making mitigation more complicated. Habitat quality can be measured by several site assessment tools, such as FQA, QHEI, and HHEI.The DNR may not approve mitigation if an impact site is of very high quality, such as one with a . FQA score of 35 or greater or a mean C-value of 3.5 or greater. V. Riparian Habitat Mitigation The level of mitigation for removing trees from a non-wetland,riparian area depends on the size of the area Impacted,the number and size of the trees being removed, and the type and quality of the overall habitat being Date:Jan 31,2019 1:24:36PM EST DIN:20190130-IR-312190041NRA Page 3 IEXHIBIT 1\ PAGE OF"to I Indiana Register impacted. Impacts under 0.1 acres typically do not require mitigation or additional plantings beyond seeding and stabilizing disturbed areas,though there are exceptions, mostly for urban areas.Additional mitigation may be warranted if the impact is to a special or unique habitat or ecosystem type.The following consider particular circumstances: A.At least one acre of non-wetland tree removal Projects that remove at least one acre of trees in a floodway from a non-wetland area would typically result In a minimum mitigation ratio of 2:1. For example, one and one-half(1.5)acres of impact would warrant three acres of mitigation. Restoring wooded riparian habitat is slow and difficult. Typical mitigation includes restoring wooded riparian habitat in areas lacking woody vegetation or increasing the size of a current buffer. The applicant submits a mitigation plan to the Division of Water,which is reviewed by a Division of Fish and Wildlife biologist,before the DNR would act upon the permit.The DNR can consider requiring a restrictive covenant or other agreement to better protect the site and ensure the success of mitigation. B. Less than one acre non-wetland tree removal in a rural area In most cases,a project that impacts less than one acre of trees in a rural non-wetland floodway would result in mitigation at a ratio of 1:1 based on area.The amount of appropriate mitigation may increase if the site is located near a sensitive area or other unique conditions exist.A rural area is generally the area outside: (A)the corporate boundaries of a consolidated city or an Incorporated city or town; and (B)the territorial authority for comprehensive planning established under IC 36-7-4-205(b). Often the mitigation can be replanting the disturbed area. if this approach is impracticable,mitigation can be moved off site in coordination with the Division of Fish and Wildlife biologist. The applicant submits a mitigation planting plan to the Division of Water,which Is reviewed by a Division of Fish and Wildlife biologist, before the DNR would act upon the permit. Mitigation would be initiated as soon as practicable and include a mixture of native grasses,sedges,wildflowers, shrubs, and trees suitable to the same region of Indiana (north, central,south)as the mitigation site.Additional details are found in Section ViII. C.Less than one acre non-wetland tree removal in urban area Urban floodways can consist of mowed grass to entire forests,and all gradients in between. In order to address this variation, mitigation for impacts of less than one acre of non-wetland tree removal in an urban area depends on what is impacted. If the impact site consists of scattered trees in a park-like setting, mitigation normally consists of replacing the larger trees only. For each tree removed that is at least ten inches in diameter-at-breast-height("dbh"), five trees at least one to two inches in dbh would be planted. Mitigation trees are to be selected from the Woody Riparian Vegetation List(Appendix A)and should be planted along the stream corridor, if practicable. If impracticable, a Division of Fish and Wildlife biologist would work with an applicant to devise an acceptable planting plan. if the area impacted is less than one acre In an urban area but includes a forest with more than one vegetation layer(e.g., herbaceous, understory, overstory vegetation),then mitigation is typically the same as with rural areas, at a 1:1 ratio based on area. D.Early successional habitat Early successional riparian habitat typically includes annual and perennial grasses and fortis, and it may include scattered shrubs and small saplings.An example of an early successional riparian habitat includes a one-to-five-year-old abandoned farm field. Areas where farming has recently ceased and are fallow for less than a year do not generally require mitigation.Aerial photography or other methods may be used to indicate recent farming activity. Early successional riparian habitat disturbed by temporary impacts warrants replanting the disturbed area. Mitigation at a ratio of 1:1 would be needed for a permanent impact to early successional riparian habitat.A native herbaceous riparian seed mixture is planted with at least 10 species of native grasses,sedges, and wildflowers selected from the Herbaceous Riparian Vegetation List in Appendix A. If the area contains scattered shrubs or tree saplings, mitigation Includes woody species native to the region. VI. In-stream habitat and mitigation Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-31 21 900 41 NRA Page 4 EXHIBIT P. PAGE 19 OF3o Indiana Register Stream relocations, stream crossings, stream enclosures(e.g., culverts and pipes), and other similar projects typically result in impacts upon in-stream habitat that need in-stream mitigation. Because in-stream impacts vary widely, in-stream mitigation is considered on a case-by-case basis.An early coordination meeting with a Division of Fish and Wildlife biologist is highly recommended to review alternatives. Impacts to less than 50 feet of stream typically do not require in-stream mitigation. Mitigation may be needed if impacts result to important resources, such as mussel beds. Impacts from 50 feet to 300 feet through a single project or an accumulation of projects are typically mitigated at a 1:1 ratio. Impacts over 300 feet often warrant 2:1 mitigation. Exceptions to this ratio may be requested based on the quality of the habitat impacted and fish and wildlife resources that are impacted and may be reviewed in coordination with the U.S.Army Corps of Engineers and Indiana Department of Environmental Management("IDEM"). Mitigation for in-stream impacts includes various measures. These measures include the installation of in-stream habitat features,such as boulders; riparian plantings to increase the woody buffer adjacent to a stream(50 feet or greater Is a common-sized buffer); bioengineering along the streambank to reduce erosion;improving a nearby crossing structure for the benefit of fish and wildlife; or restoring riffle-run-pool assemblages. Mitigation at a 1:1 ratio Involves replacing lost functions and values along a length of stream equal to the impact. For 2:1 mitigation, lost functions and values are replaced along a length of the stream or a nearby stream that is twice the length of impact. A complete mitigation plan for impacts to in-stream habitat includes the following: (1)A plan view of the proposed project. (2)The materials proposed to be used. (3)Typical cross-sections. (4)Typical details for each type of practice used. (5)The time of year work would be performed. Stream relocation projects are complex, difficult to design and construct, and have a high risk of failure.All reasonable alternatives should be considered first. If relocation still appears to be the best option,a mitigation plan would need to be developed.An applicant is encouraged to discuss a stream relocation project with a Division of Fish and Wildlife biologist before submitting an application. Hydraulic modeling of a relocated channel would be calculated with mature trees, shrubs, grasses, and other similar features.Additional mitigation, such as planting trees along a stream, may affect hydrologic modeling, so mitigation and engineering design need to be coordinated. Stream relocation requires replacement of lost qualities and characteristics on the relocated segment,which are at least equal to the original segment, and which fit the surrounding landscape. Natural channel design is applied to the relocated segment, including elements needed to complement upstream and downstream conditions.To the extent practicable, the relocated segment should have a similar cross-section, substrate,in-stream features, and riparian corridor and channel morphology when compared to the original segment.The USDA's Natural Resources Conservation Service, among others,provide helpful information on channel design. For the relocation of a medium or large trapezoidal channel,a two-stage design may be needed in which there is a low flow channel that is allowed to meander within the new channel.The overbank shelf, or bench is planted with woody vegetation when appropriate.The Woody Riparian Vegetation List in Appendix A includes species appropriate for site conditions. A stream enclosure uses piping,four-sided culverts, and similar structures that contain a stream on all sides.A stream enclosure is detrimental to fish and wildlife.The DNR typically prefers a bridge or a three-sided culvert instead of a stream enclosure. As compared to a four-sided box or pipe, a bridge or a three-sided culvert helps maintain the natural stream bottom, provides better fish and wildlife movement, maintains essential habitat features, and provides resting and feeding locations,A four-sided culvert that is sumped below the existing streambed elevation,to approximate a natural stream bottom,can sometimes be acceptable. VII.Wetlands A. Differing Agency Responsibilities for Mitigation Mitigation is needed for impacts of at least 0.1 acre to wetlands. The DNR, the U.S.Army Corps of Engineers, and IDEM have statutory responsibilities for wetlands, but the responsibilities differ.The Army Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 8 EXHIBIT P. PAGE (1.6 OF`)v Indiana Register Corps of Engineers and IDEM are concerned with water quality and other issues, but the DNR is concerned primarily with impacts to fish,wildlife, and botanical resources.As a result, different factors may be addressed within a single mitigation plan to meet the requirements of the three agencies. Common concerns for DNR are whether wetland mitigation sites have an appropriate suite of native plant species, replace the same type of wetlands as those impacted, provide fish and wildlife resources, and do not create adverse effects to existing resources.The DNR recommends coordinating with all three agencies when developing a mitigation plan. B.Forested wetlands Forested wetlands are characterized by woody vegetation that is at least 20 feet tall. Forested wetlands normally have an overstory of canopy trees, an understory consisting of trees and shrubs, and an herbaceous layer.They are often inundated with floodwater from nearby streams and may be covered by many feet of slow moving or standing water.The numerous benefits provided by forested wetlands, and time needed to successfully mitigate the habitat,warrants a mitigation ratio of 4:1. C.Scrub-shrub wetlands Scrub-shrub wetlands may represent a successional stage leading to a forested wetland, or they may be relatively stable communities. Scrub-shrub wetlands are dominated by woody vegetation less than 20 feet tall.They may include shrubs,young trees, and trees or shrubs that are small or stunted because of environmental conditions.These types of wetlands also take time to develop,can be difficult to restore, and typically have a mitigation ratio of 3:1. D.Emergent wetlands Emergent wetlands are characterized by erect, rooted, herbaceous hydrophytes(water-loving plants), excluding mosses and lichens.This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants and are frequently or continually Inundated with water. Marsh, meadow, and slough are types of emergent wetlands. Since some overall loss of functions and values Is likely to occur through Impacts to an emergent wetland, and there are temporal losses, emergent wetland mitigation is at a ratio of 2:1. VIII. Mitigation Plans A.General information Most mitigation involves planting vegetation,Appropriate mitigation may only require planting canopy trees but normally includes planting understory herbaceous vegetation, an understory of shrubs and small trees, and a canopy layer of larger trees. Mitigation plans typically require the following elements: (1)Location of the mitigation site on a topographic or aerial map. (2)A list of species of native trees, shrubs, and herbaceous plants to be planted. (3)The number,size,and location of plantings, identified on maps or aerial photographs. (4)The spacing of plants, (5)The season for planting. (6) Planting techniques. (7)Success criteria. (8)To help meet success criteria,a monitoring plan that extends for at least three years. (9) If applicable, a plan view and cross-section details of proposed mitigation practices. Plant species are selected based on local conditions. Planting near adjacent habitat of a similar type is generally preferred. If an area is prone to flooding,flood-tolerant species are selected that include larger specimens.The taller height of containerized stock increases the probability a portion of a tree would remain above prolonged floodwaters and increases the likelihood of plant survival. Even species with high flood tolerance cannot survive extended periods with their crowns underwater. Areas in the floodway that are less prone to flooding are often suitable to a larger suite of species.An applicant should consider a diversity of trees that produce acorns (e.g., oaks), nuts(e.g., hickory and walnut), and berries(e.g.,dogwood, hawthorn, • and gum)preferred by wildlife. Only native species are used for mitigation.Species that are native to Indiana may not be native to the area of a mitigation site. No hybrids, cuitivars, or genetically modified plants are used. Lists that include suitable Date:Jan 31,2019 1:24:36PM EST DIN:20190130-IR-312190041NRA Page 6 1"EXHIBIT PAGE 21 OF I Indiana Register species are in Appendix A. Even though a species may be listed for use within a region of Indiana, local conditions may cause the species to be unsuitable for planting. Species may not be widespread within a region and may have specific habitat requirements. In addition, species may volunteer on a site and do not need to be planted. S.Woody revegetation These guidelines apply to designing a mitigation plan that includes woody vegetation.The Woody Riparian Vegetation List in Appendix A includes species native to Indiana that are generally suitable for mitigation.The species approved by the DNR In a mitigation plan become part of the permit. If modifications become necessary to the approved species,a Division of Fish and Wildlife biologist would provide recommendations. The spacing of trees is intended to optimize the use of the site by wildlife and create conditions suitable for the development of a mature riparian forest.Canopy tree spacing depends on the size of stock used.To the extent feasible,woody riparian vegetation is planted with random spacing to simulate natural stocking. By adding or subtracting one foot to the planting distance between every other tree, an offset grid can help give the appearance of random spacing.This approach should be used only with container stock to avoid overcrowding trees. Planting trees and shrubs in rows supports easier mowing and weed management but appears less natural than random planting or use of an offset grid.Tree seedlings or whips should be planted ten feet apart within each row and ten feet apart between each row.Ten-foot-by-ten-foot spacing yields 435 trees per acre. If container-grown stock(for example, three or five gallon trees that are typically four to six feet tall)Is used,tree spacing can be twelve feet apart(12-foot-by-12-foot spacing yields 302 trees per acre). Balled and buriapped trees are spaced 15 feet apart, resulting in 194 trees per acre.These larger specimens often have higher survival rates and restore lost functions at a quicker rate.At one-half the density of the canopy trees, shrubs and understory trees must also be included in the woody revegetation plan. See the table below for an outline of these requirements. Type Spacing Number Per Acre Seedlings and whips 10 feet by 10 feet 435 3 and 5 gallon stock(including 1 inch to 2 inch dbh 12 feet by 12 feet 302 container stock) Balled and Burlapped 15 feet by 15 feet 194 Trees Between every other One-half of the canopy tree Shrubs and Understory canopy tree spacing Additional planting principles include: (1)At least five canopy tree species and at least five shrub/understory tree species(with a minimum one understory tree species)are selected from the Woody Riparian Vegetation List that are suitable to the region of Indiana where the project is located. (2) Not more than one maple and at least one hickory and one oak species are selected. (3)At least ten percent(10%)of trees are oak and hickory species. (4) Clumping a single species in an area is avoided. (5)A single species comprises not more than twenty percent(20%) of the canopy or understory trees planted for mitigation,with seedlings of selected species planted in approximately equal numbers. (6)Shrubs and understory trees are planted between every other canopy tree and their species are mixed. (7)Trees and shrubs are planted randomly by species to simulate natural stocking, but including appropriate consideration of wetlands indicator statuses. (8)Some trees and shrubs are placed within ten feet from the proposed project limits(such as a fence or access road)to allow canopy closure over time. (9)Species with a facultative upland ("FACU")status are planted in the floodway farthest from the stream or within dryer areas. (10)Species with a facultative ("FAC") or a facultative wetland ("FACW')status are placed in the floodway closest to the stream or within wetter areas. • (11)Species with an indicator status of obligate wetland ("OBL")are placed in the wettest areas of the floodway. (12) Plants and seeds are obtained from sources within American National Standards Institute("ANSI") Plant Hardiness Zones 4, 5, or 6. (13)Saplings are planted between either: (A)September 15 to the earlier of December 15 or until the ground has frozen;or (B)the latter of March 1 or when the frost leaves the ground in spring to June 1. (14)Plantings are performed according to sound horticultural practices, including proper planting depth and Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 7 EXHIBIT PAGE-0- OFic. Indiana Register soil compaction following planting. (15) Saplings are planted so the root collar is not deeper than one-half(1/2)inch below the ground surface. (16)The planting area is mowed: (A)to a height of not more than six inches to provide a suitable planting area generally free of vegetative competition; and (B) not more than ten days before saplings are planted. (17) If the planting area exists as pasture or turf grass, the area should be treated at least once with an herbicide, preferably twice with roughly two weeks between treatments, to control vegetation. (18) Contingency plantings(I.e., increasing the number of trees planted per acre) are not considered appropriate as it can cause overcrowding and decrease the wildlife value of a site. Increasing the number of acres planted as a contingency would be evaluated on a case-by-case basis. Upon prior approval by the DNR, a mitigation plan may apply alternative planting specifications. Results of planting bare-root stock vary depending on site conditions. Spring planting is generally preferred, but the stock may not survive flooding. Planting in the fall may be successful, but frost heaving may displace and kill newly planted seedlings, reduce survival rates, and require replanting.As long as bare-root stock is handled properly, survival and growth can be similar to container-grown stock. Planting rates are reduced and wildlife resources tend to be provided more quickly with container grown stock.The use of mulching blankets, erosion control blankets, or turf reinforcement mats helps vegetation become established and reduces erosion during establishment. Summer planting of any size of stock can result In draught stress and mortality if there is no supplemental watering. Fertilizing is not recommended because fertilizer often benefits weedy species.To help protect a mitigation site from unintended disturbance,"Do Not Mow or Spray"or other similar signs may be erected around the perimeter. If planting trees is part of mitigation, periodic maintenance may be needed to select and maintain the desired species composition. During the first few years after mitigation plantings, mowing when weeds reach twelve to 18 inches can enhance the establishment of trees and shrubs, Mowing should not occur if the area was seeded with a native seed mixture. Tilling around trees should be avoided and herbicides should be used only if necessary and applied according to directions. In areas with high deer density, maintaining taller weeds may prevent seedlings from being eaten. However, this can result In slower seedling growth and increased damage by mice and other small herbivores. C.Herbaceous revegetation Almost all mitigation plans require establishing a native, herbaceous layer.A native herbaceous seed mixture includes at least ten species of grasses,sedges, and wildflowers,with a balance of plant types so no single group dominates.These may be selected from the Herbaceous Riparian Vegetation List in Appendix A.They tolerate full sun early in restoration development and persist to form a native understory in forested areas. Tall fescue is not used in a mitigation plan.Tall fescue is toxic to wildlife and many other plant species, including seedling trees.A native herbaceous.seed mixture Is compatible with native trees and shrubs and eventually promotes a diversity of food and habitat types for wildlife. If seeding along a slope of 3:1 or steeper, erosion control blankets and similar products provide immediate erosion control and help establish vegetation. Erosion control blankets and similar products need to be biodegradable and net free or use loose-woven/Leno-woven netting to minimize the entrapment and snaring of small-bodied wildlife such as snakes and turtles. Areas to be seeded that exist as turf or other landscaping grasses should be mowed and sprayed to eliminate the grass and improve survival conditions of native plants. Seed may be applied as a total mix or in several passes if species are not compatible during mixing or application. Fertilizer or amended fillers are not be used. Seed may be drilled or sliced into the seedbed, or broadcast mechanically or by hand.Areas that are broadcast seeded need light raking for adequate seed-to-soil contact. Seeds are not be placed more than one-eighth (1/8)inch deep.Seeds are to be treated appropriately. Legumes require scarification and others require exposure to cold temperature, also called stratification. No idle area is left exposed for more than seven days following grading.An area needing temporary cover should be seeded with a temporary annual grass that does not interfere with the growth of permanent vegetation, or if exposed during the winter, the soil can be stabilized with erosion control blankets or with a bonded fiber matrix hydro-mulch until seeding occurs. Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 8 1EXHIBIT pr PAGE . OF 3 9 Indiana Register IX. Mitigation Performance A.Monitoring Report For a mitigation plan, annual submission to the DNR of a monitoring report is a permit condition. Most mitigation projects include three or five years of monitoring beginning after a full growing season elapses from the last planting. Ten years of monitoring may be needed for projects that are complex or develop slowly,such as forested wetland restorations.A report may state that mitigation has not begun.A monitoring report is sent to the Division of Water so a Fish and Wildlife biologist may review the initiation, progress, and success of mitigation. If success is not reached by the end of the monitoring period, a new mitigation plan is submitted that includes an extended monitoring period.Action for a mitigation site that has not succeeded may include regrading, replanting, relocation, and any other reasonable initiative to achieve its purposes. An annual submission for a monitoring report includes: (1)At least ten photographs of vegetation. (2)Identification of the acres planted. (3)The number of stems planted. (4)A list of species on-site, Including volunteer species. (5)The estimated survival rates of planted species. (6)A narrative of the project accomplishments. (7)Goals achieved. (8)Plans for the completion of successful mitigation. A monitoring report submitted to the U.S.Army Corps of Engineers or IDEM may also be submitted as the DNR monitoring report. If the submission does not already include each of the eight elements immediately above, the applicant provides an attachment to include them. B.Success criteria Success is based on how effectively a site meets the terms of a mitigation plan.The annual monitoring report describes progress toward meeting the goals, mitigation that is not yet complete,and if there are deficiencies and what is being done to correct them. If the site meets expectations at the end of the monitoring period,the mitigation is deemed successful,The DNR would require additional mitigation and monitoring to correct deficiencies.Success criteria are set forth in the approved mitigation plan. Measures of success depend on the type of vegetation community and mitigation requirements. Non-wetland forest mitigation success may be measured in the percent survival of planted trees and shrubs.Typical success criteria are seventy-five percent(75%)survival of bare-root and container stock and eighty percent (80%)or greater for one inch to two inches dbh trees up to balled and burlapped stock. Because different impacts and locations result in different spacing requirements between trees, success is based on the percent of the required plant material that survives. Success can be measured by multiplying the number of trees planted by the percentage of survival. For instance, using 3-gallon container canopy trees at 12-foot spacing results in planting 302•trees per acre.The shrub/understory tree component is half of the canopy trees density,which in this example would be 151 shrubs/understory trees per acre. Seventy-five percent (75%)survival would be 227 canopy trees and 113 shrubs/understory trees per acre. Wetland success criteria Involve greater variables, such as: (1) Density of trees.The DNR would typically seek seventy-five percent(75%)survival of bare-root and container stock, and eighty percent(80%)or greater for larger stock. (2)The mean vegetative cover after the first year.The DNR would typically seek eighty percent(80%). (3)The dominance of native perennial species after five years.The DNR would typically seek eighty percent(80%). (4)The absence of highly invasive species such as purple loosestrife (Lythrum salicaria)and common reed (Phragmites austral's). (5)The minimal presence of other nonnative or invasive plant species.The DNR would typically seek coverage not exceeding ten percent(10%), including cattails(Typha spp.)and reed canary grass (Phalaris arundinacea). (6)The percentage of cover of open water or bare ground. The DNR would typically seek less than twenty percent(20%). (7) Restoration of the appropriate number of wetland acres determined from a wetland delineation by the Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 9 EXHIBIT PAGE(1.(-1 OFF Indiana Register U.S.Army Corps of Engineers. (8)The DNR would typically also seek a native floristic index value of at least twenty(20) and a native mean coefficient of conservatism value(mean C)of at least 3 to 3.5. X.Restrictive Covenants A mitigation site not located on public property may need protection of a restrictive covenant to provide a reasonable period for successful plant establishment.The DNR may seek agreement for a restrictive covenant that provides ten years of protection. Xl.Glossary Avoidance:Adverse impacts are avoided altogether through alteration of project location, design, or other related aspects. Bioengineered:The combined use of biological elements (plant materials)and structural or mechanical reinforcements for stabilization, revetment, or erosion control. Biological and mechanical elements must function together in an integrated and complementary manner. Buffers: Habitat,typically native plant communities,that separates riparian habitats and wetlands from surrounding land uses. Canopy tree: Large trees that upon maturity occupy the highest levels of the forest, typically 60 to 80 feet high or more, and whose branches and leaves shade the lower forest levels. Compensatory mitigation:The establishment, restoration, enhancement, or protection of ecological functions and values meant to offset those lost through human activity. Diameter at breast height(dbh):The height of a tree measured at four and one-half(4.5)feet above ground. Enhancement The manipulation of the physical, chemical, or biological characteristics of a habitat to heighten, intensify,or improve specific functions or to change the growth stage or composition of the vegetation present. This does not include the Increase in habitat acreage and can result in impacts to current conditions. Floristic Quality Assessment(FQA):Tool to identify the quality of a habitat based on assigned coefficient of conservatism(C)of all plant taxa encountered.The coefficients are ranks of species behavior and represent a confidence level for a taxon's correspondence to anthropogenic disturbances. Coefficients for Indiana taxa have been developed. See Rothrock, June 2004. Headwater Habitat Evaluation Index(HHEI):A rapid habitat evaluation procedure designed for headwater streams and includes physical and biological assessments to determine stream quality. Hydrologic Unit Code Area (HUC): Refers to the 8-digit Hydrologic Unit Code Area. Minimization: In situations where adverse impacts are inevitable, the reduction of impacts to the greatest possible extent through alteration of project location, design, or other related aspects. Mitigation:Taking action to eliminate, lessen, or replace the loss of environmental benefits and ecological functions where those benefits and functions are disturbed by human activities. Mitigation Ratio:The ratio of values gained per unit area to values lost per unit area. For example, a ratio of 5 to 1 is equal to five mitigation acres for each acre impacted. Native:A species known to be historically natural and present at the location and habitat prior to European settlement. Regionally native species that naturally spread into the state following European settlement may also be considered native. Preservation:The protection of ecologically important habitat in perpetuity through the implementation of appropriate legal and physical mechanisms. Qualitative Habitat Evaluation Index(QHEI):Tool that combines six metrics based in-stream habitat and Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 10 EXHIBIT (k PAGE t5 OF $5 Indiana Register surrounding land to gauge a stream's ability to support fish and macroinvertebrate communities. Restoration: The return of an ecosystem to a close approximation of its condition prior to disturbance; the reestablishment of pre-disturbance functions and related physical, chemical, and biological characteristics;a holistic process not achieved through the isolated manipulation of individual elements. Understory trees:Trees that upon maturity remain below the larger canopy trees. XII. References Cowardin et al., Classification of Wetlands and Deepwater Habitats of the United States, 1979, Michigan Floristic Quality Assessment Mushet, David M., Ned H. Euliss,Jr., and Terry L. Shaffer.2002. Floristic quality assessment of one natural and three restored wetland complexes in North Dakota, USA.Wetlands 22(1):126-138. Jamestown, ND: Northern Prairie Wildlife Research Center. Rothrock, Paul E. June 2004. Floristic Quality Assessment in Indiana:The Concept, Use, and Development of Coefficients of Conservatism. Final Report for ARN A305-4-53, EPA Wetland Program Development Grant CD975586-01, Swink, F.and G.Wilhelm. 1994.Plants of the Chicago Region.4th edition. Indiana Academy of Science, Indianapolis, IN. XIII. History This Information bulletin was first published on September 1, 1997 at 20 IR 3546,The Commission reviewed and affirmed the bulletin with formatting changes and the addition of a history section on November 14, 2006. Legislative Services Agency posted the First Amendment at 20061213-IR-312060562NRA. On July 17, 2012,the Commission approved as the Second Amendment a complete rewriting of the bulletin,which was posted in the Indiana Register at 20120801-IR-312120434NRA. On July 15, 2014,the Commission approved as the Third Amendment,which was posted in the Indiana Register at 20140806-IR-312140295NRA, making additional refinement and clarification regarding the planting rates and spacing of understory and canopy vegetation and the determination of the success of those plantings.To be consistent with mitigation requirements of another government agency,the outer limit requirement for in-stream mitigation of impacts to important resources(such as mussels)was increased from 150 feet to 300 feet.Additional technical amendments were made for clarity. In January of 2019,the Commission approved amendments to make clarifications throughout as needed.Additional changes include potential adjustments to mitigation ratios based on various factors; a revision to mitigation for urban impacts; elimination of the term"planting plan", references that were either incomplete or lacked relevancy, and broken web links; and updates to the plant lists using current information. Appendix A--Mitigation Plant Species Woody Riparian Vegetation List Region Tree, Common Scientific 3 Shrub, Region Coefficient of name name status Type of plant Vine (N,C,S) Conservatism Comment Large Understory Only Box Elder Acer negundo FAC Tree T N, C,S 1 occasionally recommended Black Maple Acer nigrum FACU Large Canopy T N,C,S 6 Tree Red Maple Acer rubrum FAC Large Canopy T N, C,S 5 Tree Acer Large Canopy Only Silver Maple saccharinum FACW Tree T N, C, S 1 occasionally recommended Sugar Maple Acer FACU Large Canopy T N,C,S 4 saccharum Tree Ohio Aesculus Large Understory Buckeye glabra FAC Tree T N,C,S 5 Indlgobush Amorpha FACW Medium Shrub S S 3 Date:Jan 31,2019 1:24:36PM EST DIN:20190130-IR-312190041NRA Page 11 EXHIBIT pAat 0 Indiana Register fruticosa Common Paw Asimina FAC Small Understory T N,C,S 6 Paw triloba Tree River Birch Betula nigra FACW Small Canopy T N, S 2 Tree American Carpinus FAC Medium T N,C,S 5 Hornbeam caroliniana Understory Tree Bitternut Carya FACU Large Canopy T N,C,S 5 Hickory cordlformis Tree Extreme Pecan Carya FACW Large Canopy T S` 4 southwestern • illinoensis Tree counties Sheilbark Carya FACW Large Canopy T N,C,S 8 Hickory laciniosa Tree Hi Shackgkoryk Carya ovate FACU Large er Canopy T N,C,S 4 Sugarberry e Celtic FACW Large Understory T S 7 laevigata Tree Hackberry Celtic FAC Large Canopy T N,C, S 3 occidentalis Tree Buttonbush Cephalanthus OBL Medium Shrub S N,C,S 5 occidentalis Redbud Cercis FACU Small Understory T N, C,S 3 canadensis Tree Alternate-leaf Cornus FAC Small Understory T N,C,S 8 Dogwood alternifoiia Tree Roughleaf Cornus FAC Medium Shrub S N,C,-S 2 Dogwood drummondli Flowering Small Understory Susceptible to Dogwood Cornus florida FACU Tree T N,C,S 4 anthrdoacnose Pale Dogwood Cornus FACW Medium Shrub S N,C,S 5 (formerly Silky oblique Dogwood) Gray Cornus FAC Medium Shrub S N,C,S 2 Dogwood racemosa Red-osier Cornus Dogwood (Csericea (aka FACW Medium Shrub S N 4 .albs)) _ Hazelnut americans FACU Medium Shrub S N,C,S 4 Cockspur Crataegus FAC Small Understory T N,C,S 4 Hawthorn crus-galii Tree Downy Crataegus FAC Small Understory Hawthorn mollls Tree T N,C, S 2 Okay in Dotted Crataegus Small Understory fl tree me Hawthorn punctata Tree T N,C,S 2 nott in n extreme southwestern counties Persimmon Diospyros FAC Medium T S 2 virginiana Understory Tree American Faggus FACU Large Canopy T N,C,S 8 Beech grandifolia Tree Honey Locust Gleditsia FACU Small Canopy T N,C,S 1 triacanthos Tree Kentucky Gymnocladus Large Canopy T N,C,S 4 Coffeetree dioicus Tree - Witch Hazel Hamameils FACU Medium Shrub T N,C, S 5 virginiana , Smooth Hydrangea FACU Small Shrub S N,C,S 7 Hydrangea arborescens - Common Hex verticillata FACW Medium Shrub S N,C,S 8 Winterberry. Date:Jan 31,2019 1:24:36PM EST ilig�� p/�GE ?1 OF ! Page 12 Indiana Register Scattered Butternut within range; (White Juglans FACU Small Canopy T N,C,S 5 susceptible to Walnut) cinerea Tree butternut canker Black Walnut Juglans nigra FACU Large Canopy T N,C,S 2 Tree Splcebush Lindera FACW Medium Shrub S N,C,S 5 benzoin Sweet Gum Liquidambar FACW Large Canopy T S 4 styraciflua Tree Tuliptree Liriodendron FACU Large Canopy T N,C,S 4 tulipifera Tree Wild Sweet Malus Medium T N,C,S Crabapple coronaria Understory Tree Black Gum Nyssa FAC Medium Canopy T N,C,S 5 sylvatica Tree _ Hop Ostrya FACU Medium T N,C,S 5 Hornbeam virginlana Understory Tree Photinia floribunda Purple Chokeberry (formerly FACW Medium Shrub S N 8 Aronia prunifolia) . Photinia Black melanocarpa Chokeberry (formerly FACW Medium Shrub S N,C,S 8 Aronia melanocarpa) Common Physocarpus FACW Small Shrub S N,C,S 7 Ninebark opuiifolius American Platanus FACW Large Canopy T N,C, S 3 Sycamore occidentalls Tree Eastern Populus Large Canopy Only Cottonwood deltoides FAC Tree T N,C,S 1 occasionally recommended Swamp Populus Large Canopy Scattered Cottonwood heterophylla OBL Tree T N,S 8 within its range _ Quaking Populus FAC Small Canopy T N 2 Aspen tremuloides Tree American Prunus UPL Small Understory T N,C,S 4 Also along • Plum americana Tree _ riverbanks Black Cherry Prunus FACU Small Canopy T N,C,S 1 serotina Tree Common Ptelea FACU Medium Shrub S N,C,S 4 Hop-tree trifoliata White Oak Quercus alba FACU Large Canopy T N,C,S 5 • Tree Swamp White Quercus FACW Large Canopy T N,C,S 7 i Oak bicolor Tree Far southern • Southern Red Quercus FACU Med.-L .Canopy T S* 5 and Oak falcate Tree southwestern counties Shingle Oak Quercus FACU Medium Canopy T N,C,S 3 imbricari Tree Extreme Overcup Oak Quercus OBL Medium Canopy T S* 7 southwestern lyrata Tree counties Bur Oak Quercus FAC Large Canopy T N,C,S 5 macrocarpa Tree Far southern Swamp Quercus FACW Med.-Lg.Canopy T S* 7 and _ Chestnut Oak michauxii Tree southwestern counties Chinkapin Quercus FACU Med.-Lg.Canopy T _ N,C,S 4 Also along Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041 NRA Page 13 • 1 EXHIBIT pi. PAGE ' S OFF Indiana Register Oak muehienbergii Tree well-drained riverbanks Pln Oak Quercus FACW Small Canopy T N,C, S 3 palustris Tree Northern Red Quercus FACU Large Canopy T N,C, S 4 Oak rubra Tree Shumard Oak shQumardii FACW LargeT Canopy T C,S 7 Seasonally Post Oak Quercus FACU Sm.-Med. Canopy T S* 5 swampy stellate Tree woods in SW counties Staghorn Rhus typhina Large Shrub S N 2 Sumac Pasture Ribes FAC Small Shrub S N,C,S 4 Gooseberry cynosbati Carolina Rosa carollna FACU Small Shrub S N,C,S 4 Rose Peachleaf Salix FACW Small Understory T N 4 Willow amygdaloides Tree Sandbar Salix interior FACW Medium Shrub S N,C, S 1 Willow _ Black Willow Salix nigra OBL Large Understory T N,C,S 3 Tree Sambucus Elderberrycanadensis(or FAC Medium Shrub S N,C,S 2 S.nigra ssp canadensis) American Staphylea FAC Medium Shrub S N, C, S 5 Bladdernut trifolla Only in portions of Taxodium Large Canopy Vanderburgh, Bald Cypress dlstichum OBL Tree T S* 1t) Posey' Warrick, Knox, Gibson Co. American Tilia FACU Large Canopy T N, C,S 5 Basswood americana Tree Nannyberry Viburnum y ry FAC Medium Shrub S N 5 lentago _ Black Haw Viburnum FACU Medium Shrub S N, C, S 4 prunifoilum Prickly ash Zanthoxylum FACU Medium Shrub S N 3 americanum Herbaceous Riparian Vegetation List Common Name Scientific Name Size/Class Indicator _ White Snakeroot Ageratina altissima wildflower FACU Hog-Peanut Amphicarpaea bracteata herbaceous vine FAC Ground-Nut Apios americana herbaceous vine FACW False Nettle Boehmeria cylindrica wildflower OBL Blue-Joint Grass Calamagrostis canadensis grass OBL Emory's Sedge Carex emoryl sedge OBL Shoreline Sedge Carex hyalinolepis sedge OBL Lakebank Sedge Carex lacustris sedge OBL Larger Straw Sedge Carex normalis sedge FACW Hairy-Fruit Sedge Carex trichocarpa sedge OBL Fox Sedge Carex vulpinoidea sedge FACW Wild or Streambank Chervil Chaerophyllum procumbens wildflower FACW Wood-Reed Cinna arundinacea grass FACW Honewort Cryptotaenia canadensis wildflower FAC Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA • Page 14 ,� -N PAGE201 OF'O I i Indiana Register Wild Cucumber Echinocystis lobate herbaceous vine FACW Canada Wild Rye Elymus canadensis grass FACU Bottlebrush Grass Elymus hystrix grass FACU Riverbank Wild Rye Elymus riparius grass FACW _ Virginia Wild Rye Elymus virginicus grass FACW _ Boneset Eupatorium perfoliatum wildflower OBL Spotted Joe-Pye-Weed Eutrochium maculatum wildflower OBL White Avens Geum canadense wildflower FAC Fowl Manna Grass Glyceria striate grass OBL _ False Sunflower Heliopsis helianthoides wildflower FACU _ Orange Jewelweed Impatiens capensis wildflower FACW Yellow Jewelweed Impatiens pallida wildflower FACW Soft Rush Juncus effusus rush OBL Wood Nettle Laportea canadensis wildflower FACW Rice Cut Grass Leersia oryzoides grass OBL White Grass Leersia virginica grass FACW Great Blue Lobelia Lobelia siphilitica wildflower OBL American Bugleweed Lycopus americanus wildflower OBL Virginia Blue Bells Mertensia virginica wildflower FACW • Hairy Sweet-Cicely Osmorhiza claytonii wildflower FACU Switch Grass Panicum virgatum grass FAC _ Wild Blue Phlox Phlox divaricata wildflower FACU Clearweed Pilea pumila wildflower . FACW Green-Headed Coneflower Rudbeckia laciniata wildflower FACW Brown-Eyed Susan Rudbeckia triloba wildflower -FACU . Clustered Black-Snakeroot Sanicula odorata wildflower FAC River Bulrush Schoenoplectus fluviatilis bulrush OBL Soft-Stem Bulrush Schoenoplectus tabernaemontani bulrush OBL Dark Green Bulrush Scirpus atrovirens bulrush OBL Wool-Grass Scirpus cyperinus bulrush OBL Drooping Bulrush Scirpus pendulus -bulrush OBL Cup-Plant Silphium perfoliatum wildflower FACW Late Goldenrod Solidago gigantea wildflower FACW Prairie Cordgrass Spartina pectinate grass FACW Panicled Aster Symphyotrichum lanceolatum wildflower FAC _ Side-Flowering Aster Symphyotrichum lateriflorum wildflower FACW American Germander Teucrium canadense wildflower FACW Blue Vervain Verbena hastata wildflower FACW Wingstem Verbesina alternifolia -wildflower FACW Plant names and wetland status from Midwest 2016 Regional Wetland Plant List: Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin. 2016.The National Wetland Plant List:2016 wetland ratings. Phytoneuron 2016-30: 1-17. Published 28 April 2016. ISSN 2153 733X. Posted:01/30/2019 by Legislative Services Agency An tf]11l version of this document. Date:Jan 31,2019 1:24:35PM EST DIN:20190130-IR-312190041NRA Page 15 • EXHIBIT . PAGE 30 OF 3n