Request for Qualifications and Proposals Protected Instream Flow Studies for the Ashuelot and Isinglass Designated Rivers

January 26, 2021

New Hampshire Department of Environmental Services 29 Hazen Drive Concord, 03301

TABLE OF CONTENTS PROJECT DESCRIPTION ...... 3 I. PROPOSAL SUBMISSIONS ...... 4 II. PROJECT TEAM AND LEVEL OF PARTICIPATION ...... 4 III. SUMMARY OF TASKS FOR THE PROTECTED INSTREAM FLOW STUDY ...... 4 IV. PROJECT SCHEDULE ...... 5 V. SELECTION CRITERIA ...... 5 VI. CONFIDENTIALITY STATEMENT ...... 7 VII. CONFLICT OF INTEREST STATEMENT ...... 7 ATTACHMENT I - SCOPE OF WORK GUIDANCE ...... 8 INTRODUCTION ...... 8 BACKGROUND ...... 8 Task I. Protected Entity Identification and River Survey ...... 10 Task II. Protected Instream Flow Criteria Development ...... 11 Task III. Protected Instream Flow Public Hearing and Final Report ...... 14 ATTACHMENT II - AVAILABLE REFERENCE MATERIALS ...... 16

Ashuelot and Isinglass Rivers Request for Proposal Page 2 of 16 Request for Qualifications and Proposals for a Protected Instream Flow Study for the Ashuelot and Isinglass Designated Rivers January 26, 2021

PROJECT DESCRIPTION The New Hampshire Department of Environmental Services (NHDES) is seeking qualification statements and proposals from environmental consulting firms for conducting a Protected Instream Flow Study to develop protected instream flow criteria for two segments of the Ashuelot and Isinglass Designated Rivers. NHDES expects that a protected instream flow study and report should take a year to 18 months, but recognizes that the occurrence of appropriate flow conditions will also play a role in the timing and duration of the project. The designated extents of the and Isinglass River are described in RSA 483:15 and in each river’s Target Fish Community (TFC) report. The Ashuelot Designated River is comprised of two segments of 30 and 35 miles long. The Isinglass Designated River is 18 miles long.

The project requires a consultant to determine protected instream flow criteria for the two segments of the Ashuelot Designated River and the Isinglass Designated River. The key elements of instream flow protection are a combination of statistics, fisheries biology, river hydrology and hydraulic-habitat modeling methods. The consultant will develop protected instream flow criteria using, at a minimum, assessment methods similar to those used during the Lamprey and Souhegan Rivers’ Protected Instream Flow Studies. The consultant will describe the results in a Proposed Protected Instream Flow Report. The consultant will present the report at a public information meeting and then at a public hearing. NHDES will receive comments. The consultant, in consultation with NHDES, will address the comments and incorporate any changes into a final Protected Instream Flow Report. Before completion of the project, the consultant will provide NHDES with electronic copies of all data used to determine the protected instream flows. NHDES expects periodic update meetings at appropriate times, roughly on a quarterly basis.

A proposal that can be divided into discrete funding segments will be favored. Note that NHDES has asked for the proposal to include cost breakdowns so that the scope can be expanded, spread out over time, or changed if necessary to meet our budget. Funding for this project is dependent on the state budget process and approvals by Governor and Executive Council.

There is not a defined budget for this project. However, as an indication of expected price, the Cold and Warner protected instream flow studies were approved at $149,130 and $146,251. These rivers are shorter than the Ashuelot River. The Isinglass is somewhat shorter than both the Cold and Warner. NHDES may reduce the work scopes of the Ashuelot or the Isinglass projects, or both. The duration of the instream flow study is somewhat flexible and potentially part of the final negotiated contract.

Proposals are due by 4:00 PM, on Monday, February 22, 2021.

Ashuelot and Isinglass Rivers Request for Proposal Page 3 of 16 I. PROPOSAL SUBMISSIONS Complete and timely submittal of all proposal parts is required for NHDES to consider the proposal. Consultants will submit a proposal package to the New Hampshire Department of Environmental Services (NHDES) that includes the following components:  The project team, including a project team organization, team member qualifications and the anticipated level of involvement of key team members in each phase of the project as described in the project approach and scope of work.  A technical proposal that describes the scope of work.  An itemized cost breakdown by river segment for activities within each task.  A proposed project schedule.  A confidentiality statement.  A conflict of interest statement.

This request for proposals and the references provided are designed to guide the consultant in developing a proposal that meets NHDES’ goals for: 1) conducting a protected instream flow study; 2) demonstrating its statistical validity; and 3) presenting the proposed protected instream flows to the public for comment in preparation for NHDES’ establishment of flow criteria. If clarifications of proposal requirements are needed, NHDES will accept written questions until 8 AM, February 10, 2021. NHDES will record the questions and distribute a written, final response document to all interested consultants by February 15, 2021. To receive this document, notify Wayne Ives of your interest at [email protected] or at the address below.

Each consultant will submit two (2) paper copies of the proposal plus one copy in electronic format by 4:00 PM on Monday, February 22, 2021 to: Instream Flow Study Proposal Package Attn: Wayne Ives, Instream Flow Specialist New Hampshire Department of Environmental Services 29 Hazen Drive Concord, New Hampshire 03301-0095

II. PROJECT TEAM AND LEVEL OF PARTICIPATION Included in the proposal, the consultant will identify the staff members responsible for managing and conducting project tasks. The consultant will describe the relevant experience of the staff member to the role they will play. The consultant will also estimate each staff member’s expected level of participation in the project tasks and in the overall project. An organization chart showing lines of communication and decision-making hierarchy will be included in the proposal.

III. SUMMARY OF TASKS FOR THE PROTECTED INSTREAM FLOW STUDY The project tasks are summarized below and described in detail in Attachment I - Scope of Work Guidance. In their proposal, the consultant will clearly describe their plans for completing these tasks and the expected duration and timing for activities within each task. The consultant should provide itemized costs for activities within each task in the proposal package.

Ashuelot and Isinglass Rivers Request for Proposal Page 4 of 16 Reference materials to assist in understanding the project tasks are listed in Attachment II. NHDES recommends the consultant thoroughly familiarize themselves with the Pilot Program reports describing the Lamprey and Souhegan Rivers’ Protected Instream Flow Studies and with the 2010 Summary of the Instream Flow Council’s Review of the Souhegan and Lamprey Rivers’ Instream Flow Pilot Studies, which gives many insights into developing a scientifically-defensible protected instream flow study. The consultants should also familiarize themselves with the 2015 Report of the Instream Flow Pilot Program. As a result of the Pilot Program, this RFP is different than the Pilots’. That is, the types of studies conducted in the Pilot must also be conducted for these projects, but the methods used may be different. Also, there are fewer tasks because this request asks only for tasks specific to the Protected Instream Flow Study. NHDES may reduce the final work scope based on available funding.

Task I. Protected Entity Identification and River Survey Identify flow-dependent, instream public uses and Clean Water Act designated uses to be evaluated for instream flow protection, and identify field locations where the assessments will be made.

Task II. Protected Instream Flow Criteria Development Evaluate the protected instream flow needs for the flow-dependent entities and integrate the flow needs into protected flow criteria that define the natural pattern of stream flows. Develop a Proposed Protected Instream Flow Report.

Task III. Protected Instream Flow Public Hearing and Final Report Attend a public information meeting and a public hearing to present the Proposed Protected Instream Flow Report. Address comments in coordination with NHDES, revise and submit a final Protected Instream Flow Report.

IV. PROJECT SCHEDULE The consultant will provide a project schedule. Project activities for each task will be laid out in a flow chart identifying the duration and anticipated start and completion dates. NHDES expects that a protected instream flow study and report may take a year to 18 months, but recognizes that the occurrence of appropriate flow conditions will also play a role in the timing and duration of the project.

During contract development, NHDES may eliminate proposed activities under a task at some logical break point. NHDES and the consultant will determine the most effective means of completing the project tasks given the budget, flow and staffing conditions during final contract negotiations.

V. SELECTION CRITERIA Consultants will be ranked based on: 1) demonstration of suitable qualifications comprised of the experience and involvement of project members; 2) on the appropriateness and clarity of the proposed methods of completing the tasks; 3) on the consultant’s ability to communicate complex concepts; and 4) on cost. Rankings will be based on the following evaluation criteria and weightings.

Ashuelot and Isinglass Rivers Request for Proposal Page 5 of 16 1. Specialized Experience of the Project Team (30 Percent) NHDES will rate the consultant on their experience and knowledge of statistics, fisheries biology, river hydrology and hydraulic-habitat modeling methods directly related to assessment of protected instream flows. Consultants should demonstrate knowledge of the applicable state and federal laws and rules, and demonstrate the extent of the professional experience of the staff to be assigned to this project in hydrology, fisheries biology, hydraulic and fish habitat modeling, statistics, and data management. NHDES will consider the team member’s role and participation level, the qualifications and experience of project personnel, and communication abilities. Higher scores will go to consultants who commit staff that have technical expertise at levels appropriate to the tasks; and who submit both a clear, concise, and cohesive proposal and are able to articulate their plan during an interview.

2. Project Approach (50 Percent) NHDES will rate the consultant on their descriptions of the activities required to complete the project tasks and their grasp of how the components of the tasks fit together to define comprehensive protected instream flows. NHDES will consider whether the proposed methods and procedures will provide data-driven, and scientifically-defensible protected instream flow criteria. NHDES will consider whether the results expected from these methods will be representative of the river segment and will be demonstrably valid and reproducible. Key elements will be the sources of the data to be applied, the assessment methods, and quality assurance. Proposals should show a clear path from data collection through the determination of protected instream flow criteria.

3. Project Cost (20 Percent) NHDES will evaluate the costs proposed for activities within each task. Selection will not be determined by lowest cost: NHDES will select the best-qualified firm with the best plan at a reasonable price.

After reviewing the proposals, NHDES will choose consultants to continue through interviews. Interviews will be scheduled during the week of March 8, 2021. Interviews will be held during or near the week of March 15, 2021 and conducted via a remote platform webinar or at NHDES offices in Concord, NH.

NHDES will then rank the candidates based on a structured review of proposals, cost, schedule, and interviews. Higher scores will go to consultants demonstrating an ability to complete the proposed work on schedule and within budget, a robust quality control/assurance programs, and an ability to clearly communicate scientific concepts to both scientific and public audiences in writing and orally.

NHDES will notify the highest-ranked consultant that NHDES intends to negotiate the contract with them. NHDES will negotiate with this consultant to determine final project scope and cost based on fair and reasonable compensation for the services required. If no agreement is reached on scope of services and price, NHDES will terminate negotiations and begin

Ashuelot and Isinglass Rivers Request for Proposal Page 6 of 16 negotiations with the next-highest ranked consultant until a contract has been successfully negotiated.

VI. CONFIDENTIALITY STATEMENT Each proposal will include a confidentiality statement covering all firms and individuals involved in this project. The confidentiality statement will prohibit the use, distribution or discussion of collected information for any purpose other than development and documentation of the protected instream flows.

VII. CONFLICT OF INTEREST STATEMENT Each candidate will submit a statement describing any potential conflicts of interest, such as, for example, a relationship with a water user or with parties related to an affected dam in the watershed.

VIII. DISCLAIMER This RFP does not commit NHDES to award a contract or pay any costs incurred during the preparation of the proposal. NHDES reserves the right to reject any or all proposals. NHDES reserves the right to reduce the scope of work to meet its budget or to ensure continuity of the overall project. NHDES also reserves the right to eliminate the need for the selected consultant to complete one or more tasks, based on the outcome of preceding activities or tasks.

Attachment I - SCOPE OF WORK GUIDANCE Attachment II – REFERENCE MATERIALS Attachment III - NHDES PUBLICATION GUIDELINES

Ashuelot and Isinglass Rivers Request for Proposal Page 7 of 16 ATTACHMENT I - SCOPE OF WORK GUIDANCE Request for Proposals Protected Instream Flow Studies for the Ashuelot and Isinglass Designated Rivers

INTRODUCTION The NHDES Instream Flow Program (Program) is seeking a qualified consulting firm to conduct an assessment of protected instream flows for the two Target Fish Community segments of the Ashuelot Designated River and the Isinglass Designated River and to recommend protected instream flow criteria for each segment. This attachment to the proposal provides additional details describing the expected scope of work. The key elements of the protected instream flow study are a combination of statistics, fisheries biology, river hydrology, and hydraulic-habitat (incremental flow) modeling methods. Protected instream flows are numerical translators of state and federal water quality standards for stream flow. The documentation that follows provides descriptions of three tasks to be completed during an instream flow study.

The consultant will determine protected instream flows for the two segments of the Ashuelot Designated River, and for the Isinglass Designated River. The upper reach of the Ashuelot River starting from the dam at Butterfield Pond to Surry Mountain Dam is 30.4 miles; the lower reach from Surry Mountain Dam to the is 35.1 miles. The Isinglass Designated River starting from Bow Lake and continuing to the confluence with the Cocheco River is 17.9 miles. These protected instream flows will be based upon scientific analyses incorporating the methods described in the 2015 final Report of the Instream Flow Pilot Program. NHDES intends that the process be conducted using similar methods to those developed during the Pilot Program and subsequent studies, such that the resulting protected instream flow criteria be expressed in comparable terms and form.

In brief, under the project tasks, the consultant will conduct a survey to identify the flow- dependent, instream public uses and identify stations for instream flow assessments. The consultant will apply scientific assessment methods for determining protected instream flows. The consultant will present a Proposed Protected Instream Flow report in a public information meeting and in a public hearing. The consultant will make revisions, in consultation with NHDES in response to comments received during the comment period, and submit a final Protected Instream Flow report to NHDES. The consultant will provide copies of all data and assessments used to develop the protected instream flows to NHDES.

BACKGROUND This project is intended to dovetail with the pilot and subsequent New Hampshire instream flow projects which form a template for this instream flow study. Applicants should thoroughly familiarize themselves with the results of previous Instream Flow studies, reference reports, and with the relevant rules and legislation governing establishment of protected instream flows. There are several sources of information describing and providing insight to the earlier studies.

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Instream Flow Council Review - In 2009, NHDES contracted with the Instream Flow Council to review the final Protected Instream Flow report and the draft report for the Lamprey Designated River. NHDES provided a summary of the Instream Flow Council’s review report with additional discussion by NHDES. The summary and NHDES’ discussion will provide insight significant to this project by looking into the Pilot Program’s application of methods and the improvements that were suggested.

Final Protected Instream Flow Studies - In 2013, NHDES completed the Pilot Program to test methods for determining protected instream flows on two Designated Rivers. NHDES has concluded that these methods are effective and appropriate for applying to the other Designated Rivers of the State. The and Souhegan River pilot reports, and other protected instream flow reports as they are completed, are available on the Department’s website.

Final Report of the Instream Flow Pilot Program - NHDES also evaluated the instream flow pilot in a December 2015 report. NHDES intends that this contract be conducted under the practices described in the pilot reports and the lessons learned during the pilot program described in the 2015 report.

RECENT ADVANCES There are several recent program advances affecting how Instream Flow studies will be conducted. The Target Fish Community assessments separated the Designated Rivers into smaller segments of similar character. Also, the QPPQ development provides a way to calculate daily stream flows where gages are not available. These are described below

Target Fish Community assessments In 2018, NHDES conducted Target Fish Community assessments describing the fish communities that are expected to exist in the Designated Rivers. As part of this assessment, the Designated Rivers were divided into segments having a distinct character and fish community. The segments and the Target Fish Communities are described in each Designated River’s Target Fish Community report available on the Rivers Management Advisory Committee blog. The consultant will develop separate protected instream flow criteria for each segment defined during the Target Fish Community assessments. The Target Fish Community for that segment will be the basis for the incremental hydraulic-habitat modeling.

Daily stream flow calculation method - QPPQ In 2018, NHDES had Dr. Neil Fennessey update his 1994 QPPQ Transform method (Fennessey 1994). The original 1994 QPPQ method is used by USGS, the State of Massachusetts, and other states’ water resource analysts. Studies have demonstrated that the 1994 QPPQ method is the most accurate means for estimating daily stream flows in the northeastern United States. However, NHDES contracted with Dr. Fennessey to update the regression parameters used in the QPPQ calculations, with a focus on improving accuracy at low flows. NHDES is using the updated QPPQ Transform method to calculate daily stream flow records at ungaged locations or extend records of existing gages containing gaps.

Ashuelot and Isinglass Rivers Request for Proposal Page 9 of 16 NHDES will provide a minimum 30-year daily stream flow record tied to an existing USGS gage(s) for use in the incremental hydraulic-habitat models. This gage will represent an index gage for determining the protected instream flows and NHDES will use the gage for tracking conditions versus the criteria under future Water Management Plans. To conduct the protected instream flow studies, the consultant will use USGS stream flow records, augmented, where necessary, with QPPQ-derived records. QPPQ record extensions for these projects have been developed for the gaps in record for USGS 01157000 ASHUELOT RIVER NEAR GILSUM, NH and USGS 01072870 ISINGLASS R AT ROCHESTER NECK RD, NR DOVER, NH.

DETAILED PROJECT DESCRIPTION The purpose of this contract is to conduct a protected instream flow study and develop protected instream flow criteria for one or more designated river segments. The sections below describe the expected tasks for this project. The descriptions include bulleted points intended to highlight important concepts that may elicit further discussion of specific details within the consultant’s proposal.

Task I. Protected Entity Identification and River Survey The consultant will identify flow-dependent, instream public uses applicable to the Designated River segment(s). The consultant will conduct an on-stream survey of the Designated River to locate and verify specific flow-dependent instream public uses and Clean Water Act designated uses.

NHDES considers flow-dependent instream public uses to include aquatic species, mainly fish, and their habitat; riparian vegetation and wildlife; and recreational boating. Flow- dependent Clean Water Act designated uses include components similar to the flow-dependent instream public uses. These uses are Aquatic Life and Wildlife, which are defined in the NH Consolidated Assessment and Listing Methodology, as follows. Aquatic Life - Waters that provide suitable chemical and physical conditions for supporting a balanced, integrated and adaptive community of aquatic organisms. Wildlife - Waters that provide suitable physical and chemical conditions in the water and the riparian corridor to support wildlife as well as aquatic life.

The consultant should discuss how to identify and select:  Fish species to be assessed in the hydraulic-habitat model.  Representative reaches for the hydraulic-habitat model.  Transects to assess flow-dependent rare, threatened, or endangered (RTE) wildlife, RTE vegetation, and natural/ecological communities.  Boating use and access points.

The on-stream survey is not intended to be an exhaustive identification and cataloging of these entities, but rather a targeted verification of their existence and occurrence, and a reconnaissance to prepare for the field investigations by selecting assessment stations.

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The consultant should:  Explain how the number and placement of assessment locations will be determined so as to adequately represent the Designated River segment (considering the distribution and types of habitat).  Describe how the representativeness of the selected assessment stations will be determined to ensure the statistical validity of the assessment locations chosen to represent the Designated River segment.

Task II. Protected Instream Flow Criteria Development The consultant will determine and propose scientifically-based, quantitative protected instream flow criteria for the flow-dependent, instream public uses identified in Task 1. The protected instream flow criteria developed must be a data-driven result. The ability of others to reach the similar results will be a consideration. The results will be documented in a Proposed Protected Instream Flow Report

The protected instream flows are to be developed using methods and processes similar to those applied in the Pilot Program to the Lamprey and Souhegan Designated Rivers. NHDES does not require the consultant to apply the same methods as used during the Pilot. NHDES expects all methods to follow a scientific process that will deliver reproducible results. The methods will be applied to representative reaches of the segment that are suitably representative of river conditions and extent. The Pilot Program reported its findings in the 2015 Report of the Instream Flow Pilot Program (NHDES report R-WD-15-1.) This report encapsulates the Pilot Program’s methods and describes lessons learned. The consultant should consider the findings of these reports that apply to conducting a protected instream flow study and as described in the Task descriptions below. The consultant should detail proposed differences in approach from the Pilot methods, if any.

At a minimum, the consultant will develop protected instream flow criteria using 1) site- specific, reference-quality stream flow records, habitat data, and habitat preferences in an incremental hydraulic-habitat model for aquatic species; 2) floodplain transect methods for riparian vegetation and wildlife; and 3) surveys of recreational-use preferences of stream conditions for recreational boating or navigation. The consultant will describe the methods proposed to develop the protected instream flow criteria.  The consultant should describe the hydraulic-habitat model to be used for aquatic species assessment, explain why the particular model was selected, and how it will be applied to calculate protected instream flow for aquatic species. If the consultant wishes to propose an alternative methodology that is consistent with the pilot studies in the Lamprey and Souhegan rivers, the approach should be described in detail along with its potential merits.

Hydraulic-habitat (incremental flow) models for aquatic species assessment Hydraulic-habitat models require daily stream flow records as input data. NHDES will identify or provide a minimum 30-year, up to a 50-year, period of daily stream flows that the consultant will use to assess protected instream flows. Daily stream flow data records are available from

Ashuelot and Isinglass Rivers Request for Proposal Page 11 of 16 existing USGS gages. Where USGS records are limited, NHDES has extended the existing daily flow records or created daily flow records using the updated QPPQ methods described earlier. Records are expected to include the 30 to 50 years prior to 2010.  The consultant may wish to discuss whether a daily flow record longer than 30 years, if it is available, should be used in the fish hydraulic-habitat model modeling.

Reference stream flow record The consultant will use the best available approximation of reference-quality flow records. Reference flows are the flows that would occur without human disturbance. The consultant will determine whether the existing flow record reflects disturbed conditions and, if necessary and if suitable data exist, will correct the record to a reference stream flow record. If the existing flow record is strongly affected by water withdrawals, returns, or dam operations, the consultant will approximate a reference stream flow record more closely representing unmanaged stream flow conditions for use in the hydraulic-habitat model.  The consultant should discuss whether corrections for defining reference flow records are needed for the Ashuelot and Isinglass River.

Reference daily flow conditions will be calculated, if necessary, by adding or removing any significant and measurable withdrawals or returns from the daily stream flow record. An example of this process occurred during the Lamprey Pilot Program where daily flows were corrected for large withdrawals and dam storage and release operations to create the reference flow record.

Corrections will use only measured or readily quantifiable values. The corrections will be limited to measurable flow changes, such as measured water withdrawals or quantifiable dam refills or releases. Corrections for land use changes, impervious surfaces, etc., which require assumptions and estimates, are not expected.  If reference flows are required to address significant flow manipulation, the consultant should briefly describe their plan for determining reference flow records.

Habitat use data Habitat use data describe the preferred conditions under which aquatic species conduct life- stage-specific activities. Habitat Suitability Index literature is available for many fish and other aquatic species. These data identify habitat conditions the species either prefer or avoid, and are also part of the input data to a hydraulic-habitat model. The consultant is encouraged to develop river-specific habitat suitability criteria.  Describe how species from the Target Fish Community will be selected for inclusion in the hydraulic-habitat model.  The consultant should describe how Habitat Suitability Criteria will be obtained for the fish to be used in the habitat flow model.

Evaluation of hydraulic-habitat model results The consultant will determine protected instream flow thresholds as flow magnitude, duration and frequency within each bioperiod (biologically-significant period for critical life-

Ashuelot and Isinglass Rivers Request for Proposal Page 12 of 16 stages). The consultant will describe how protected instream flows defining the critical flow conditions will be identified. For example, during the Pilot Program, the consultants applied a frequency-duration analysis to time-series data, known as uniform continuous under threshold (UCUT), to the hydraulic-habitat model results. That analysis demonstrated the critical thresholds for defining the protected instream flow criteria. The consultant also will describe how the protected instream flows will be articulated. The consultant should:  Describe how the results of a hydraulic-habitat model will be assessed to determine protected instream flows.

Riparian vegetation and wildlife flow assessments Plant communities and wildlife occupy positions on the stream bank to take advantage of or avoid certain flow conditions. During the Pilot Program, for example, the floodplain transect method was applied to compare lifecycle needs of riparian plant and animal species with the flows that occur at elevations where surveys showed that these species live. Identification of the locations where RTE species or exemplary communities exist is required during Task 1. The consultant will conduct elevation surveys of species occurrences and develop flow-elevation relationships. The consultant will then link historical flows and life cycle needs of species to determine flow requirements. Flow requirements for riparian vegetation and wildlife will be defined in terms of magnitude, timing, frequency, and duration.  The consultant should describe how instream protected flows for riparian vegetation and wildlife will be determined.

Recreational assessment The consultant will describe how boating preferences will be determined. During the Pilot Program, opinion surveys were conducted to determine preferences for recreational uses of the rivers. The protected flow was determined by assessing the river use at various flows and surveying boaters’ preferences for using the river.  The consultant should explain how a protected instream flows for recreation or navigational boating will be determined.

Proposed Protected Instream Flow Report The consultant will prepare a draft Proposed Protected Instream Flow Report, for NHDES review, describing their evaluation methods, results, and the proposed protected instream flow criteria. The protected instream flow criteria will be described in terms of flow magnitudes, durations, timing and frequency. For applicable species or habitat, the consultant also will describe rates of change of flow. The consultant will integrate the protected instream flow criteria for the various flow-dependent, instream public uses into protected instream flow criteria that define a natural pattern of stream flows. The report will describe how the proposed protected instream flow criteria will support the Commissioner’s decision to establish the protected instream flows based on the requirements under Env-Wq 1904.05.

The consultant will present the draft Proposed Protected Instream Flow report to NHDES for review and comment. The consultant will submit four paper copies and electronic copies in both word and pdf formats. The consultant will revise the draft Proposed Protected Instream Flow report in consultation with NHDES to create a Proposed Protected Instream Flow report.

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Compliance with ADA and NHDES requirements Note: For the proposed and the final reports, NHDES will provide the consultant with an NHDES report number and electronic NHDES logo to be incorporated into the report. All draft and final documents submitted for this project must follow the NHDES publications guidelines provided by NHDES. All draft and final reports must meet the Americans with Disabilities Act (ADA) 508 requirements and Web Content Accessibility Guidelines (WCAG) AAA standards.

Data transfer to NHDES The consultant will include in the proposal a brief plan for when and how project data will be submitted to NHDES. The consultant will provide NHDES with data files containing all measurements collected and data used in these assessments. NHDES may need to reevaluate a river’s protected instream flow criteria in the future.

The consultant will submit to NHDES all data used to make determinations of the protected instream flow criteria. The data will be in commonly used formats approved by NHDES. The consultant should:  Describe the expected data sets and proposed method for submitting these files.  Describe how data quality is ensured.  Describe the system for data management. Note: NHDES is in possession of System for Environmental Flow Analysis (SEFA) software.

Task III. Protected Instream Flow Public Hearing and Final Report Public information meeting and public hearing NHDES will hold a public information meeting followed at least 15 days later by a public hearing as described in Env-Wq 1904.04. NHDES will publish the Proposed Protected Instream Flow report on its website, and provide notices for, publicize, and conduct the information meeting and the public hearing.

The consultant will make the proposed Protected Instream Flow report available to NHDES as four paper copies and electronic versions at least 30 days prior to the date of the information meeting. NHDES will distribute the report. The consultant will participate in the public information meeting and the public hearing by giving a presentation describing the proposed protected instream flow criteria and its development, and by answering questions.

NHDES will facilitate the meeting broadcast or the forum for the meeting and the hearing. The public hearing will be held in a community through or past which the DR flows or via a remote platform following the NH Governor’s Emergency Order #12. The hearing will describe how NHDES will receive comments on the proposed protected instream flow criteria.

Comment response and final report submittal NHDES will compile comments received during the 30-day comment period following the public hearing. NHDES will provide the comments received during the public hearing and the public comment period to the consultant. NHDES and the consultant will review and determine

Ashuelot and Isinglass Rivers Request for Proposal Page 14 of 16 responses to the comments. Coordinating with NHDES, the consultant will make any necessary revisions to the Proposed Protected Instream Flow report and document the responses to the comments.

The consultant will submit a final report for approval by NHDES. The report will describe the recommended protected instream flows and comment responses suitable for NHDES to establish the protected instream flow criteria. The consultant will submit to NHDES four paper copies and electronic copies in both word and pdf formats of the final report. NHDES will send written notice of receipt of a complete data package and acceptance of the final report to the consultant.

The consultant will be expected to communicate effectively with NHDES, including routine and concise communication as the work progresses. The results must be scientifically robust assessments. The consultant will be expected to have the ability to communicate these assessments to the public at the public hearing.

Ashuelot and Isinglass Rivers Request for Proposal Page 15 of 16 ATTACHMENT II - AVAILABLE REFERENCE MATERIALS  Summary of the Instream Flow Council's Review of the Souhegan and Lamprey Instream Flow Pilot Studies - April 2010

 Report of the Instream Flow Pilot Program - December 1, 2015

 TARGET FISH COMMUNITY Reports – July 2018 (Ashuelot)

 TARGET FISH COMMUNITY Reports - July 2018 (Isinglass)

 2009 Lamprey River Protected Instream Flow Study Report

 2008 Souhegan River Protected Instream Flow Study Report

 RSA 483:9-c Establishment of Protected Instream Flows – part of the New Hampshire Rivers Management and Protection Program Act

 Env-Wq 1900 Instream Flow Rules

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