Loading...
HomeMy WebLinkAbout20180199 Ver 1_Mitigation Technical Report_20180208IV, a i Buffalo Creek Tributaries Mitigation Project Neuse River Basin (CU 03020201) Johnston County, NC RFP #16-007279 Proposal for Stream & Riparian Wetland Mitigation Credits September 21, 2017 at 2:00 p.m. a4 ,Lk�'T; V V1 fttZvo";�. W gip, �1 Prepared for: WATER &LAND SOLUTIONS NCDEQ Division of Mitigation Services 11030 Raven Ridge Rd, Ste 119, Raleigh, NC 27614 Attn: Kathy Dale waterlandsolutions.com 1 919-614-5111 217 W. Jones St., Ste 3409-J Raleigh, NC 27603 September 21, 2017 NC Department of Environmental Quality Division of Mitigation Services Attn: Kathy Dale 217 West Jones Street, Suite 3409-J Raleigh, NC 27603 J WATER & LAND SOLUTIONS 11030 Raven Ridge Rd Suite 119 Raleigh, NC 27614 waterlandsolutions.com 919-614-5111 RE: Proposal to Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin through the "Buffalo Creek Tributaries Mitigation Project' In Response to RFP 16- 007279 Dear Ms. Dale: Water & Land Solutions, LLC (WLS) is pleased to present the following proposal to provide stream and wetland mitigation credits for the Neuse River Basin (Cataloging Unit 03020201) to the North Carolina Department of Environmental Quality (NCDEQ) Division of Mitigation Services (DMS) in response to RFP 16-007279. This proposal is a firm offer from WLS and shall be valid for a period of at least six months from the September 21, 2017 opening date for this RFP. All paper contained within this proposal is printed double -sided on recycled paper with a minimum post -consumer content of 30 percent. WLS has entered into a contract to purchase a conservation easement on acreage to comprise the `Buffalo Creek Tributaries Mitigation Project" (project), located in Johnston County, between the Archer Lodge Community and the Town of Wendell. The project site is located in the Lower Buffalo Creek Priority Sub -watershed 030202011504, of the Neuse 01 Regional Watershed Plan Phase II, Final Report (RWP) (2015) Study Area, and in the Targeted Local Watershed 03020201180050, all of the Neuse River Basin. The project will involve restoration, enhancement, and preservation of stream and riparian buffer functions along unnamed tributaries to Buffalo Creek, a tributary to the Little River, which is a tributary to the Neuse River. Restoration of this headwater stream, riparian buffer, and riparian wetland system will thus significantly leverage and contribute to a comprehensive watershed approach. Two (2) technical options (Option 1 and Option 2) are being presented under this proposal to DMS for procuring mitigation credits from this proposed project. As described more fully in the following Technical Proposal, the proposed restoration project has the potential to provide up to 4,073 stream mitigation credits (SMCs) (Option 1). In addition, both Option 1 and Option 2 will provide 2.7 riparian wetland mitigation credits (WMCs). The proposed mitigation credit summary is listed below and is described in more detail in the Executive Summary Section of the Technical Proposal: Stream Restoration (PI) MStream Preservation Stream Enhancement Level I hancement Le Stream Restoration (PI) Stream Enhancement Level II 108 1:1 108 430 429 1.5:1 286 215 Ak 1:1 215 200 Wetland Rehabilitation 2.2 1.5:1 1.4 Wetland Rehabilitatiow 0.9 Wetland Enhancement 0.8 2:1 0.4 Stream Restoration (PI) Wtream Restoration= Stream Restoration (PI) • • WStream Preservation • • Stream Enhancement Level I Imtream Restoration (PI)jM"___W • • Stream Restoration (PI) Stream Enhancement Level II 108 398 512 215 200 107 1:1 108 1.5:1 341 21 r 1:1 200 2.5:1 Wetland Rehabilitation 2.2 1.5:1 1.4 Wetland Rehabilitation 1.3 1.5:1 0.9 Wetland Enhancement 0.8 2:1 0.4 WLS staff have extensive restoration and mitigation implementation experience and we understand the most recent requirements and standards applicable for restoration in this sub -basin of the Neuse River. Accordingly, WLS is in a strong position to implement this proposed project in a timely and effective manner. In summary, this restoration project will include the following: • Up to 4,073 stream mitigation credits (SMCs) utilizing a broad, balanced approach including restoration and enhancement, preservation, and permanent protection to address all of the jurisdictional stream reaches at the project site, providing the maximum possible functional uplift and utilizing a watershed approach. • 2.7 wetland mitigation credits (WMCs) of riparian wetland restoration utilizing both wetland restoration (through wetland rehabilitation) and wetland enhancement approaches to provide maximum functional uplift and permanent protection. • Implementation of "project clusters", or combinations of different practices or measures, collectively for a combined effect with the stream restoration, to include riparian wetland restoration, riparian buffer restoration, and various best management practices. • Collective implementation of water quality improvement features, including treatment basins and agricultural best management practices (BMPs) for a combined effect with the stream restoration, riparian wetland restoration, and riparian buffer restoration. • Improved water quality for receiving waters by restoring riparian buffers to remove and treat nutrients and sediment inputs, by restoring and stabilizing streambanks to reduce erosion, and by restoring access for the project stream reaches to active floodplains and associated riparian wetlands to better attenuate and treat stormflows. • Improvements to aquatic, riparian, and wetland habitat functions for maximum uplift of the project site's ecological functions. In addition, this project is one of two potential full -delivery project sites (this project and the Odell's House Mitigation Project) being submitted by WLS under this RFP, along with and adjacent to the three currently contracted full - delivery projects ('Lake Wendell Mitigation Project', 'Pen Dell Mitigation Project', 'Edwards -Johnson Mitigation Project'), on properties owned by the same landowners. Each of these project sites involve a series of adjacent direct headwater tributaries to Buffalo Creek, showing our diligent efforts to truly provide maximum ecological uplift through a watershed approach. The two potential project sites are not being submitted by WLS under a single project proposal solely to ensure strict compliance with the definition of a "site", as defined under this RFP. This proposal and its contents are being submitted for the sole purpose of responding to the above-described RFP. WLS greatly appreciates DMS's consideration of this proposal. We would appreciate the opportunity to complete the presentation of this proposal to DMS through field review and discussion. William "Scott" Hunt, III, PE will serve as the Vendor's Representative for WLS as defined under this RFP. Mr. Hunt's contact information is listed below. Sincerely, Water & Land Solutions, LLC William "Scott" Hunt, III, PE Senior Water Resources Engineer 11030 Raven Ridge Road, Suite 119 Raleigh, NC 27614 Office Phone: (919)614-5111 Mobile Phone: (919)270-4646 Email: scott@waterlandsolutions.com RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ``Nothing Compares. NORTH CAROLINA STATE OF NORTH CAROLINA Request for Proposal # 16-007279 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company's Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: Federal Taxpayer Identification Number (TIN): 46-5068619 Federal ID Number or Social Security Number Water & Land Solutions, LLC Vendor Name Ver: 9/30/16 Page 2 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC STATE OF NORTH CAROLINA Department of Environmental Quality Division of Mitigation Services Refer ALLInquiries regarding this RFP Request for Proposal # 16-007279 to: Proposals will be publicly opened: September 21, 2017 @ 2:00 pm Kathy Dale CITY & STATE & ZIP: Contract Type: Open Market Email: kathy. daleCcbncdenr.gov Commodity No. and Description: 962-73 Restoration / Reclamation Services of Land and other Properties Using Agency: Division of Mitigation Services N/A Phone: 919-707-8451 Requisition No.: N/A EXECUTION In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143- 54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor's knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub -Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E - Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. VENDOR: Water & Land Solutions LLC STREET ADDRESS: P.O. BOX: ZIP: 11030 Raven Ridge Road, Suite 119 N/A N/A CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: Raleigh, NC 27614 919-614-5111 N/A PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OFVENDOR: FAX NUMBER: William Scott Hunt, III, Vend e resentative N/A VENDOR'S AUT OR ED SIGN DATE: EMAIL: 09/21/2017 scott@waterlandsolutions.com Offer valid for at least 18 d fro ate of proposal opening. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the Department of Environmental Quality shall affix his/her signature hereto and this document and all provisions of this Request for Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR STATE USE ONLY: Offer accepted and Contract awarded this day of , 20 , as indicated on the attached certification, by . (Authorized Representative of DEQ). Ver: 9/30/16 Page 3 of 44 Mitigation Services ENV I RONMENTAL O UAL ITV ROY COOPER Governor MICHAEL S. REGAN Secretary July 25, 2017 THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-007279 RFP TITLE: Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin ADDENDUM NO. 1 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING September 21, 2017 @ 2:00 P.M. DATE/TIME: This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the original RFP and the additional information provided in this addendum notice. SECTION 1 QUESTIONS & ANSWERS Question #1: The HU 03020201-080020 is shown as a TLW from which mitigation credits are being requested on the map included in the RFP but not listed on the accompanying table. Please confirm if the map or the table is correct. Answer: HUC # 03020201080020 was previously omitted from the table but is included in the map. An amended table is provided in Attachment A of this Addendum. QUESTION #2: As the pre -proposal meeting representative for Restorations Systems, I had one question regarding RFP #16-007279. As I have come to understand in the past, if a site is found outside of a Targeted Local Watershed, but would provide 10,000+ feet of mitigation, the site would still be considered, or scored in an alternate manner. So my question is, is a similar allowance or consideration a part of this RFP as well or is that not the case this round of proposals? Answer: In previous Full Delivery RFPs, DMS has received IRT approval to accept projects located outside of targeted areas. This allowance was only in select basins, and was described in the applicable RFP. DMS did not receive prior approval for such an allowance in this RFP, therefore sites that are submitted must be in TLW as indicated in RFP. QUESTION #3 Section 3.0, question 3 of the Technical Evaluation Scoresheet seems to be cut off in multiple locations. The question is cut off and all four the answer options. Please clarify. Answer: A corrected scoresheet is provided below. RFP 16-007279 Page 1 of 5 QUESTION #4 Section 4.0, question 2 of the Technical Evaluation Scoresheet: the first answer option seems to be cut off. Please clarify. Answer: A corrected scoresheet is provided below. QUESTION #5 Section 2.0 of the Technical Evaluation Scoresheet: Are the Stream SMU focus points the total points from questions 1-4 of Section 2? Answer: Yes. CLARIFICATION 1) The following URL is an interactive map specific for this RFP https://ncdenr.maps.arcgis.com/apps/webappviewer/index.htmI?id=950079d8fl c24306b3fa98e119ead1 da 2) Attachment I - Technical Evaluation Scoresheet, page 43 of 44. Section 3, Question 3 previously illegible. See Attachment B for Sections 3 & 4 of scoresheet 3) The RFP states that contractor "must use latest templates, found on DMS website" (Section 2.6). The spreadsheet from the hyperlink has later versions (4/26/15 and 5/5/17) of the conservation easement doc. However, the RFP states to use the 9/4/14 template. Vendors shall use the appropriate conservation easement template as defined in the RFP. Do not use the 9/4/14 template. PLEASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL SECTION 2 Check ONLY ONE of the following categories and if required, return one properly executed copy of this addendum prior to bid opening time and date. ❑ Bid has already been mailed. Changes resulting from this addendum are attached. ❑ Bid has already been mailed. NO CHANGES resulted from this addendum. ❑X Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. RFP 16-007279 Page 2 of 5 SECTION 3 Execute Addendum: BIDDER: Water & Land Solutions, LLC ADDRESS (CITY & STATE): 11030 Raven Ridge Road, Suite 119, Raleigh, NC 27614 AUTHORIZED SIGNATURE: 9 DATE: 09/21/2017 Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. DELIVERED BY US POSTAL SERVICE (Mail at least 7 business days prior to Bid Closing Date) DELIVERED BY ANY OTHER MEANS (UPS / FEDEX / ETC.) (Suggestion: Request Signature Receipt) SEALED BID SEALED BID RFP 16-007279 RFP 16-007279 NC DEPT ENVIRONMENTAL QUALITY NC DEPT ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-J RALEIGH NC 27699-1652 RALEIGH NC 27603 IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE LAST POSTED OPENING DATE/TIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNIGNED AND RETURNED IF REQUIRED. RFP 16-007279 Page 3 of 5 ATTACHMENT A Neuse 03020201 Full Delivery RFP Targeted Watersheds for Cataloging Unit 03020201 HUC # LWP RWP HUC# LWP RWP 03020201010030 No No 03020201100040 No Yes 03020201010050 No No 03020201100050 No Yes 03020201020010 No No 03020201110010 Yes Yes 03020201020020 No No 03020201110020 Yes Yes 03020201020040 No No 03020201110030* No Yes 03020201030030 No No 03020201110040 No Yes 03020201030020 No No 03020201110050 No Yes 03020201030040 No No 03020201110060* No Yes 03020201030050 No No 03020201110070 No Yes 03020201040020 No No 03020201120010 No Yes 03020201050010 Yes No 03020201120020 No Yes 03020201050020 Yes No 03020201120030 No Yes 03020201050030 Yes No 03020201130030 No No 03020201060010 Yes No 03020201140010 No No 03020201060020 No No 03020201150010 No No 03020201065030 No No 03020201150020 No No 03020201065040 No No 03020201150040 No No 03020201070060 No No 03020201150050 No No 03020201070070 No No 03020201160010 No No 03020201070080 No No 03020201180010 No No 03020201070110 No No 03020201180020 Yes Yes 03020201080020 No No 03020201180030* No Yes 03020201090010 No No 03020201180040* No Yes 03020201100010 Yes Yes 03020201180050 Yes Yes 03020201100020 Yes Yes 03020201200030 No No 03020201100030 Yes Yes *Targeted Resource Areas (Habitat) RFP 16-007279 Page 4 of 5 ATTACHMENT B Section 3.0 - Implementation and Risk Module [35 Points Possible] REQUIRED 1 Does the proposed stream project provide Less than 25% of the RFP request (mitigation quantities?] 1 point Between 25 - 50% of the RFP request? 2 points Between 51- 90% of the RFP request? 5 points Greater than 90% of the RFP request? 10 paints 2 Does the proposed wetland project provide Less than 15% of the RFP req uest miti ation quantities? 1 point Between 15 - 25% of the RFP request? 2 points Between 26 - 50% of the RFP request? 5 points Greater than 50% of the RFP reg uest? 10 pcints 3 Physical constraints orbarhe rs (i.e. utilities, culverts, property lines, easements, managed areas, etc.) that affect project design and effectiveness. [Percentages calculated based upon adding total linear footage of crossings, roadways, utilities, or reduced buffer; divided by total linear footage.] >10% of the total project footage is segmented by crossings, roadways, or utility rights of way. 1 point 5-10 % of the total project footage is segmented by crossings, roadways, or utility rights of way. 5 points < 5% of the total project footage is segmented by crossings, roadways, or utility rights of way. 10 points Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints removes or relocates the constraints c barriers such that the design is not significantly affected by the ccnstraint(s). 15 points Section 4.0 - Provider Experience [15 Points Possible] REQUIRED JL Similar mitigation projects completed by the offeror (through at least 3 years of monitoring). Completed less than 5 mitigation projects. 2 paints Completed more than 5 mitigation projects. 5 paints 2 Experience of Project Team (people actu al ly comp leting work) Project team contains at least two individuals with mitigation experience specific to project evaluation, acquisition, design, construction, and monitoring. 2 points All of the above and at least two projects brought to successful regulatory closure with the Interagency Review Team (IRT). 10 paints REOUIRED 5ECTIONS TOTAL RFP 16-007279 Page 5 of 5 Mitigation Services ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary August 9, 2017 THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-007279 RFP TITLE: Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin ADDENDUM NO. 2 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING September 21, 2017 @ 2:00 P.M. DATE/TIME: This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the original RFP and the additional information provided in this addendum notice. SECTION 1- ADDITIONAL NEEDS: DMS wishes to increase the need for stream credits by 7,000 credits; The new total request for stream credits is 32,000. SECTION 2 Check ONLY ONE of the following categories and if required, return one properly executed copy of this addendum prior to bid opening time and date. ❑ Bid has already been mailed. Changes resulting from this addendum are attached. ❑ Bid has already been mailed. NO CHANGES resulted from this addendum. ❑X Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. SECTION 3 Execute Addendum: BIDDER: Water & Land Solutions, LLC ADDRESS (CITY & STATE): 11030 Raven Ridge Road, Suite 119, Raleigh, NC 27614 AUTHORIZED SIGNATURE: DATE: 09/21/2017 RFP 16-007279 Page 1 of 2 PLEASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. DELIVERED BY US POSTAL SERVICE (Mail at least 7 business days prior to Bid Closing Date) DELIVERED BY ANY OTHER MEANS (UPS / FEDEX / ETC.) (Suggestion: Request Signature Receipt) SEALED BID SEALED BID RFP 16-007279 RFP 16-007279 NC DEPT ENVIRONMENTAL QUALITY NC DEPT ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-J RALEIGH NC 27699-1652 RALEIGH NC 27603 IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE LAST POSTED OPENING DATE/TIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNIGNED AND RETURNED IF REQUIRED. RFP 16-007279 Page 2 of 2 Mitigation Services ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary August 31, 2017 THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-007279 RFP TITLE: Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 of the Neuse River Basin ADDENDUM NO. 3 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING September 21, 2017 @ 2:00 P.M. DATE/TIME: This correspondence serves as an addendum to the subject RFP. Your response to this RFP should be governed by the content of the original RFP and the additional information provided in this addendum notice. SECTION 1 Additional Needs: DMS wishes to increase the Riparian Wetland Credits by an additional 9 credits, this will make the new total request 35. Please plan your bid responses accordingly. SECTION 2 Check ONLY ONE of the following categories and if required, return one properly executed copy of this addendum prior to bid opening time and date. ❑ Bid has already been mailed. Changes resulting from this addendum are attached. ❑ Bid has already been mailed. NO CHANGES resulted from this addendum. ❑X Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. SECTION 3 Execute Addendum: BIDDER: Water & Land Solutions, LLC ADDRESS (CITY & STATE): 11030 Raven AUTHORIZED SIGNATURE: Road. Suite 119. Raleiah. NC 27614 TE: 09/21/2017 RFP 16-007279 Page 1 of 2 Note: It is the offeror's responsibility to choose the appropriate delivery method to guarantee that the offer is received by the Issuing Agency by the Opening Date/Time noted in the RFP. DELIVERED BY US POSTAL SERVICE (Mail at least 7 business days prior to Bid Closing Date) DELIVERED BY ANY OTHER MEANS (UPS / FEDEX / ETC.) (Suggestion: Request Signature Receipt) SEALED BID SEALED BID RFP 16-007279 RFP 16-007279 NC DEPT ENVIRONMENTAL QUALITY NC DEPT ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-J RALEIGH NC 27699-1652 RALEIGH NC 27603 IT IS THE OFFER'S RESPONSIBILITY TO CONTINUOUSLY CHECK FOR ADDENDA UP TO THE LAST POSTED OPENING DATE/TIME AND TO ASSURE THAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNIGNED AND RETURNED IF REQUIRED. RFP 16-007279 Page 2 of 2 Buffalo Creek Tributaries Mitigation Project Neuse River Basin (CU 03020201) Johnston County, North Carolina RFP Number 16-007279 Proposal for Stream and Riparian Wetland Mitigation Credits September 21, 2017 2:00 PM Prepared for: North Carolina Department of Environmental Quality Division of Mitigation Services Attention: Kathy Dale 217 W. Jones St., Suite 3409-J Raleigh, NC 27603 Prepared by: HATER & LAND SOLATIONS 11030 Raven Ridge Rd, Suite 119, Raleigh, NC 27614 X919) 614-5111 1 walerlandsolutions_corn Vendor's Representative: William Scott Hunt, III, PE Table of Contents 1 Executive Summary...............................................................................................................................1 2 Corporate Background and Experience................................................................................................5 3 Project Organization...........................................................................................................................13 4 Technical Approach.............................................................................................................................22 4.1 Project Goals and Objectives......................................................................................................22 4.2 Project Description......................................................................................................................26 4.3 Project Development.................................................................................................................. 33 4.4 Proposed Mitigation...................................................................................................................46 4.5 Current Ownership and Long Term Protection...........................................................................48 4.6 Project Phasing............................................................................................................................49 4.7 Success Criteria...........................................................................................................................49 4.8 Quality Control............................................................................................................................56 Tables Table 1-1 Proposed Mitigation Credit Summary......................................................................................3 Table 1-2 Project Reach Summary............................................................................................................5 Table 4-1 Existing Condition Cross-section Survey Data.........................................................................27 Table 4-2 Vegetation Planting Species....................................................................................................41 Table 4-3 Total Annual Pollutant Loadings and Removal Estimates.......................................................44 Table 4-4 Proposed Mitigation Credit Summary....................................................................................46 Table 4-5 Current Land Ownership.........................................................................................................48 Table4-6 Project Phasing........................................................................................................................49 Figures Figures begin after Part 4. The pages are unnumbered but the figures are presented sequentially as listed below. Figure1................................................................................................................................. Project Location Figure2..................................................................................................................... USGS Topographic Map Figure3.................................................................................................................................. NRCS Soils Map Figure4......................................................................................................................................... LiDAR Map Figure5..................................................................................................................................Floodplain Map Figure6a....................................................................................................................1965 Aerial Photograph Figure6b...................................................................................................................1999 Aerial Photograph Figure6c....................................................................................................................2004 Aerial Photograph Figure6d...................................................................................................................2008 Aerial Photograph Figure6e...................................................................................................................2017 Aerial Photograph Figure7......................................................................................................................... Existing Hydrography Figure 8....................................................................................Channel Stability & Pre -Monitoring Features Figure 9.....................................................................................................................Water Quality Stressors Figure 10......................................................................................................... Proposed Mitigation Features Appendices Section AppendixA ................................ AppendixB ................................ AppendixD ................................ AppendixE ................................ AppendixF ................................ AppendixG ................................ AppendixH ................................ AppendixI ................................. AppendixJ ................................. AppendixK ................................ AppendixL ................................. ..................................................Attachment A: Instructions to Vendors Attachment B: North Carolina General Contract Terms and Conditions ........................ Attachment D: Location of Workers Utilized by Vendor ................................ Attachment E: Certification of Financial Condition .......................................Attachment F: Additional Vendor Information .............Attachment G: Certification of Eligibility - Iran Divestment Act ................................... Attachment H: Targeted Local Watershed Maps ..................................... Attachment I: Technical Evaluation Scoresheet ............................................Conservation Easement Option Agreement .........................................................................Hydric Soils Investigation ....................................................................Required Copy of Entire RFP Buffalo Creek Tributaries Mitigation Project 1 Executive Summary This executive summary highlights the proposed Buffalo Creek Tributaries Mitigation Project (project), presented by Water & Land Solutions, LLC (WLS). The project will provide stream and wetland mitigation credits for the Neuse River Basin (Cataloging Unit 03020201) in response to RFP 16-007279. The project site is located in the Lower Buffalo Creek Priority Sub -watershed 030202011504, study area for the Neuse 01 Regional Watershed Plan Phase II, Final Report (RWP), and in the Targeted Local Watershed 03020201180050, all of the Neuse River Basin (Figure 1, Project Location). The project will involve restoration, enhancement, and preservation of stream, riparian buffer and riparian wetland functions along unnamed tributaries to Buffalo Creek, a tributary to the Little River, which is a tributary to the Neuse River. The project will involve the potential restoration, enhancement, preservation, and permanent protection of unnamed headwater tributaries (Reaches MS -R1, MS -112, R3 (Lower), R3 (Upper), R4, R5, and R6), totaling approximately 4,838 linear feet of existing streams. In addition, approximately 4.3 acres of degraded riparian wetlands will be returned to their natural function, utilizing wetland restoration (rehabilitation) and enhancement approaches by implementing Priority Level I Stream Restoration, limited removal of overburden soil above the hydric soils, and re -vegetation. Combinations of different measures or "project clusters", will be implemented collectively, along with the stream restoration, for a combined effect, to include riparian wetland restoration, riparian buffer restoration, water quality improvement features, and agricultural best management practices (BMPs). This comprehensive approach utilizes a suite of stream mitigation practices, from Priority Level I Restoration to Preservation, and appropriately addresses all intermittent and perennial stream reaches at the project site, including restoring riparian buffers along all project stream reaches currently in agriculture. The approach also includes restoring degraded riparian wetlands, and limiting the number of stream crossings. This watershed contextual map depicts the project adjacent to the conservation easements of four other projects that will help protect the Buffalo Creek watershed. Water & Land Solutions Page 1 Buffalo Creek Tributaries Mitigation Project As a result of implementing this project approach, DMS will be able to address mitigation components as defined in the Neuse River Basin Restoration Priority Plan (RBRP, 2010), the Wake -Johnston Collaborative Local Watershed Plan (LWP, 2013), and the Neuse 01 Regional Watershed Plan Phase II, Final Report (RWP, 2015). A majority of the existing stream reaches and riparian wetlands have been degraded significantly as a result of historic and current agricultural and silvicultural practices, including man-made impoundments, and/or channelization. Many of the project streams are unstable, with documented active headcut migration with associated channel widening and bank erosion. Three of the project reaches, however, have segments that have experienced less degradation, and are mostly stable and thus worthy of enhancement. Additionally, one of the project reaches is relatively unimpacted, and as a result is stable and thus worthy of preservation. Most of the project stream reaches and riparian wetlands have been completely or partially degraded, even though they have adequate riparian buffers. Currently, the project reaches act as significant sources of sediment to the project watershed, as well as the receiving waters. In addition, this is project is one of two potential full -delivery project sites (this project and the Odell's House Mitigation Project) being submitted by WLS under this RFP, along with and adjacent to the three currently contracted full -delivery projects (the 'Lake Wendell Mitigation Project', the 'Pen Dell Mitigation Project', the 'Edwards -Johnson Mitigation Project'), on properties owned by the same landowners. Each of these project sites involves a series of adjacent direct headwater tributaries to Buffalo Creek, showing our diligent efforts to truly provide maximum ecological uplift through a watershed approach. The two potential project sites are not being submitted by WLS under a single project proposal solely to ensure strict compliance with the definition of a "site", as defined under this RFP. Implementation of the two proposed projects, along with three currently contracted projects, would permanently protect more than 21,000 linear feet of headwater stream systems in consecutive and adjoining watersheds, with each system being a direct tributary to Buffalo Creek. This unprecedented opportunity would establish conservation easements totaling approximately 69 acres and will provide permanent treatment of more than 1,100 acres of contiguous watershed area (see the Watershed Contextual Map above). The proposed project will produce 4,073 Stream Mitigation Credits (SMCs) through Restoration, Enhancement Level I, Enhancement Level II and Preservation, and includes the treatment of all stream reaches at the project site [Reaches MS -R1, MS -R2, R3 (Lower), R3 (Upper), R4, R5 (Upper), and R6 (Upper) and R6 (Lower)]. Treatment of Reaches MS -R1, MS -R2, R3 (Lower), and R5 (Lower) and R6 (Upper) will primarily involve Priority Level I Restoration, R4 and R5 (Upper) will involve an Enhancement Level I approach, R6 (Lower) will involve an Enhancement Level II approach, and R3 (Upper) will involve Preservation. Our proposed Technical Option 1 will also include riparian wetland restoration to produce 2.7 Riparian Wetland Mitigation Credits (WMCs) through wetland re-establishment and rehabilitation approaches. The above scenario describes the stream mitigation credits generated under the proposed Technical Option 1. Option 2 omits Reach R4 for a total of 3,784 SMCs and also includes 2.7 Riparian Wetland Mitigation Credits (WMCs). Page 2 4 Buffalo Creek Tributaries Mitigation Project Our proposed technical options each also include riparian wetland restoration and enhancement to produce 2.7 Riparian Wetland Mitigation Credits (WMCs) through wetland re-establishment, rehabilitation, and enhancement approaches. These areas of degraded riparian wetlands are situated along the floodplains and toe of slopes, and they have been historically manipulated by agricultural and silvicultural activities, resulting in significant loss of wetland function. The function of these degraded riparian wetlands will be improved by implementing a Priority Level I Restoration along the main stem reaches (MS -R1 and MS -R2) to restore hydrology (surface and subsurface) and limited disturbance of upland soils to protect soil structure and vegetation root zone. Water quality improvement features and agricultural BMPs, including treatment basins, will also be implemented collectively with the above practices or measures as part of the project. The combination of stream and wetland restoration, and water quality improvement features represents a unique opportunity for a comprehensive watershed restoration approach. Our proposed mitigation credits are summarized below. Details regarding the specific design and mitigation approaches are more thoroughly discussed and described in narrative form under Technical Approach. Table 1-1 Proposed Mitigation Credit Summary Stream Restoration (PI) 1,497 1:1 1,497 Stream Restoration (PI) 1,34M' 1:1 1,340 Stream Restoration (PI) 108 1:1 108 Stream Preservation 430 .■ 10:1 43 Stream Enhancement Level 1 429 1.5:1 286 Stream Enhancement Level I . . " 341 Stream Restoration (PI) 215 1:1 215 Stream Restoration (PI= 200 * 1:1 200 Stream Enhancement Level II 107 2.5:1 43 Wetland Rehabilitation 2.2 1.5:1 1.4 Wetland Rehabilitation 1.3 ■' 1.5:1 0.9 Wetland Enhancement 0.8 2:1 0.4 Water & Land Solutions Page 3 Buffalo Creek Tributaries Mitigation Project Stream Restoration (PI) 1,497 1:1 1,497 Stream Restoration (PI) 1,340 1:1 1,340 Stream Restoration (PI) 108 1:1 108 Stream Preservation 398 10:1 40 Stream Enhancement Level I 512 1.5:1 341 Stream Restoration (PI) 215 1:1 215 Stream Restoration (PI) 200 1:1 200 Stream Enhancement Level II 107 2.5:1 43 Wetland Rehabilitation Wetland Enhancement Level I Enhancement is proposed for R4 and R5 (upper) based on the current condition of the headwater channels. Enhancement Level I will primarily focus on stabilization of localized bank erosion and arresting of any headcuts. Level II Enhancement is proposed for R6 (lower) based on the current condition of the headwater channel. Enhancement Level II will primarily focus on vegetation planting and stabilization of localized bank erosion. Priority Level I Restoration is proposed along MS -R1, MS -R2, R3 (Lower), and R6 (upper). Preservation is proposed for R3 (Upper). Riparian buffers in excess of 50 feet in width will be restored along each side of all proposed project reaches with all work to be protected by a permanent conservation easement. All the project stream reaches proposed for restoration are perennial or intermittent streams as determined using North Carolina Division of Water Quality (NCDWQ) Stream Identification Forms. While some of the drainage areas of the headwater tributaries are smaller, the NCDWQstream scores are above 19, with the exception of R4, whereby the natural flow regime has been manipulated. Discussions with the landowners regarding flow histories of the streams, as well as our direct experience with restoration projects in this area of the Neuse River Basin, including our current full -delivery projects, lead WLS to conclude which of the project stream reaches are suited to the proposed restoration and/or enhancement practices. Page 4 4 Buffalo Creek Tributaries Mitigation Project Table 1-2 Project Reach Summary MS -R& R (PI) G5 Incised MS -R2 543.9 0.850 Perennial R (PI) C4 R3 (Upper) �Mw Intermittent C5b R3 (Lower) 24.1 0.038 Intermittent/Perennial R (PI) G5 C5 �MMllI E emeral3 EI 0 _ R5 (Upper) 11.8 0.018 Perennial' EI Incised E5 E5/C5b R5 (Lower) 18.88t 0.029 Perennial R (PIA _ R6 (Upper) 18.4 0.028 Intermittent R (PI) N/A (Ponded) B4 wer) rmittent B4 B4 Note 1: Watershed drainage area is estimated based on USGS topographic and LiDAR information at the downstream end of reach. Note 2: R= Restoration, E1= Enhancement Level 1, Ell= Enhancement Level ll, and P= Preservation. Note 3: Reach R4 is shown as a blue line stream on the USGS topographic map. The historic flow appears to have been piped from an existing stormwater BMP towards Reach R5 and diverted away from its natural stream valley. 2 Corporate Background and Experience Firm Background Water & Land Solutions (WLS) is a mitigation provider that concentrates on the production and delivery of high quality mitigation units and services to clients across multiple regions of the United States. Founded in 2014, WLS was started with the purpose of combining the key components of high quality and successful mitigation sites, including the technical expertise for mitigation site development, the understanding of land management, and the expertise in environmental economics and finance. Through its inception WLS has identified, targeted and employed some of the most well-respected practitioners in the mitigation industry who have specifically focused their careers on all the required aspects and stages of successful mitigation project implementation. Beyond our focus to improve ecological function of impaired systems, WLS has a specific mission to positively impact people in our industry and the public through education, partnership, and relationship building. In just under three years since establishment, WLS has grown to a staff of seven people with offices in Dallas, Texas, Huntersville, North Carolina, and Raleigh, North Carolina. Individuals making up the WLS staff have been recognized by our industry colleagues and peers as leaders in the development, management, design, permitting, construction, and monitoring of mitigation projects. Our projects and opportunities that we are currently pursuing are located in North Carolina, South Carolina, Tennessee, Texas, and Virginia. Water & Land Solutions Page 5 Buffalo Creek Tributaries Mitigation Project Unlike many larger multidisciplinary firms that are diversified into numerous industries, WLS's sole focus is on implementing high quality and successful mitigation projects. WLS staff have demonstrated the ability to work successfully with local, state, and federal regulatory agencies for permitting, design, construction, monitoring, and closeout of stream, wetland, and riparian buffer restoration projects. We have worked extensively on numerous full -delivery projects for the North Carolina Division of Mitigation Services (DMS). In addition to our current staff, WLS maintains partnerships with multiple firms that can provide support with skill sets and services unique to the mitigation industry, on an as -needed basis, should the need arise. WLS is structured to manage the various stages of mitigation project development. The WLS concept includes a family of companies that were created to work together, with each company focusing on its respective strength. Water & Land Solutions, LLC represents the project management and financial component of the WLS family. Water & Land Solutions, LLC owns and manages the conservation easements and contracts for each mitigation project and maintains the necessary legal and insurance requirements needed to successfully manage projects. WLS Engineering, PLLC represents the engineering component of the WLS family. Owned and operated by a licensed engineer, this firm practices and oversees all technical services that constitute engineering services. WLS Engineering, PLLC is licensed with the North Carolina Board of Examiners for Engineering and Surveyors (License Number P-1480), is organized with the North Carolina Department of the Secretary of State, and is managed by William Scott Hunt, III, PE, member and organizer. Ability to Carry Out All Phases of Proposal WLS staff bring vast and varied experience to each project, having worked full-time in the North Carolina mitigation industry since its inception nearly 20 years ago. Scott Hunt led one of the most successful statewide ecosystem restoration teams while at Michael Baker International, where he served as Ecosystem Restoration Technical Services Manager. Adam V. McIntyre has started and/or led environmental divisions for several firms that practice in the mitigation industry, including one of the most successful ecosystem restoration construction firms where he served as Vice President of Operations for Backwater Environmental. Kayne Van Stell has been recognized as a leading designer and project manager within the industry for over a decade, having helped to grow Buck Engineering into a nationally recognized industry leader. WLS has assembled an impressive team of turn -key expertise in response to this RFP. The WLS team consists of Water & Land Solutions, LLC, WLS Engineering, PLLC, Ecosystem Services (Ecosystem Services and Ecosystem Services Engineering, PLLC), Kee Mapping & Surveying, and Brown's Environmental Group. Our team has extensive experience with all aspects and components of full -delivery and other restoration projects, having completed many projects for DMS, the NC Clean Water Management Trust Fund (CWMTF), and public and private clients across the country. WLS has been successfully partnering with Ecosystem Services Engineering, PLLC on a broad variety of mitigation, restoration, and other natural resources projects, finding that both companies complement each other very well. WLS and Ecosystem Services engineering, permitting, design, and monitoring staff are working together on numerous projects involving existing conditions assessments, stream restoration, BMP designs, and hydrology/hydraulics engineering. This experience and direct coordination will allow for the seamless integration between tasks involving hydrologic and hydraulic modeling and design, and FEMA flood studies (if necessary). Page 6 4 Buffalo Creek Tributaries Mitigation Project In addition, our team have worked directly with the Kee Mapping & Surveying on numerous projects involving existing conditions surveys and assessments, conservation easement platting and deed recordation, as well as as -built and monitoring surveys. WLS plans to utilize Kee Mapping & Surveying for topographic mapping and land surveying activities. WLS has also partnered with Brown's Environmental Group (BEG) to perform hydric soil investigations and wetland assessments. WLS has worked with BEG staff on several projects that involve detailed soils classification and jurisdictional wetland determinations. WLS staff's long history of cooperation and partnership on full -delivery projects with these partners, as well as with the pre -qualified construction contractors currently under consideration, allows DMS to rely on the efficiency of our team as we undertake the proposed project. WLS has identified the proposed project site and has secured the necessary options to purchase a conservation easement from the applicable landowners. The WLS team will obtain the necessary conservation easements, identify site constraints, and ensure site access. WLS staff has vast experience in every aspect of stream, wetland, and riparian buffer restoration and mitigation, having worked full time in the industry since its inception in North Carolina in the 1990s. Based on this experience, we are familiar with all documentation requirements necessary to proceed with DMS full delivery projects. WLS will apply for and obtain the necessary permits and approvals required for project implementation. WLS staff are experienced with developing the Categorical Exclusions for mitigation projects and will coordinate with the required local, state, and federal agencies to resolve any Threatened and Endangered Species, Cultural, Historic or FEMA related issues associated with the restoration efforts. Once permits are received, the WLS team will restore the project site based on the concepts described herein. While selecting the lowest bid for project construction may maximize overall project profits, WLS recognizes the value in selecting a well-established construction contractor as a partner early in the project life cycle, as we view full -delivery as a true design -build process. For this reason, WLS will select the construction contractor prior to beginning the formal design process. WLS and DMS have extensive experience with specialized construction firms with expertise in stream, wetland, and riparian buffer restoration and mitigation projects. We will select a pre -qualified contractor who has a proven track record and consistent workmanship when constructing full -delivery and other mitigation projects in North Carolina. Our selection criteria will consider project construction costs, as well as contractor availability to ensure that the project design, permitting, construction, and monitoring can be accomplished within project budget and schedule constraints. Finally, once construction has been completed, WLS will adhere to the current DMS monitoring guidelines and templates to conduct the required monitoring activities and to develop the annual monitoring reports. Throughout the monitoring process, WLS will ensure that the site meets DMS credit goals. WLS staff have provided mitigation monitoring services across North Carolina and we are familiar with the site-specific needs of this project. The WLS team understands the regulatory issues and financial constraints, as well as the challenges associated with full -delivery mitigation projects, and we have proven our ability to meet contracted mitigation credit goals and project schedules. Water & Land Solutions Page 7 Buffalo Creek Tributaries Mitigation Project Similar Mitigation Projects in North Carolina and Other States WLS staff have significant experience with stream, wetland, and riparian buffer restoration. Our staff have been involved with the entire suite of services for hundreds of mitigation projects over nearly two decades. This experience equates to the successful restoration of hundreds of thousands of feet of stream and thousands of acres of wetlands. In addition, WLS staff have successfully completed five years of monitoring on more than five DMS mitigation projects and have successfully navigated and managed the regulatory closeout of four DMS full -delivery projects in recent years. Several project examples are highlighted below: Monteith Park Mitigation Site, Charlotte/Mecklenburg Stormwater Services, Huntersville, NC Monteith Park before (left) and one year after restoration (right) WLS staff developed one of the most unique watershed restoration projects in the mitigation industry. The Monteith Park Mitigation Site (MPMS) is the only project to date in North Carolina that utilized a watershed restoration approach to generate additional mitigation credits at ratios above and beyond those typically awarded for stream and wetland restoration credits. The MPMS was identified as one of the highest ranked stream restoration reaches in the McDowell Creek Watershed of Mecklenburg County, NC. The project involved the Rosgen Priority Level I restoration of 3,550 linear feet of stream, 1.1 acres of wetland restoration, and the retrofit design and installation of five Stormwater Control Devices (bioretention basins) to restore watershed hydrology to predevelopment conditions. WLS staff identified the project in 2008 and have led project management duties on all aspects of the project throughout its entirety. This complex project required significant resource agency coordination, including stakeholders from Mecklenburg County, City of Charlotte, NCDWR, and USACE. The project team used guidance and protocols to negotiate the additional credit ratios and associated values for the project. The Monteith Park Mitigation Site continues to be a highly successful example of how ecosystem restoration, that involves technical, legal, political, and educational aspects, can be implemented in rapidly developing watersheds. Page 8 4 Buffalo Creek Tributaries Mitigation Project Spindletop Bayou Mitigation Bank, Ecosystem Renewal, Chambers County, TX WLS is currently partnered with Ecosystem Renewal and EcoGenesis on a wetland and stream mitigation bank in Liberty and Chambers Counties, Texas. The proposed 460 -acre bank site will restore over 400 acres of riparian and non -riparian wetlands and 10,000 linear feet of 1st order headwater streams. The proposed property has been highly impacted by agricultural practices (rice and sorghum production) since the 1930's. This project will provide significant uplift to aquatic and terrestrial habitats as well as water quality improvements to Spindletop Bayou. WLS has led coordination efforts with the Spindletop Bayou involves over 400 acres of wetland USACE-Galveston District IRT, assisted in the restoration and 10,000 linear feet of stream overall credit assessment, determination, restoration and generation, and full restoration design of the mitigation bank site. The proposed design was finalized in 2016 and construction will likely occur in Winter 2017/2018. Pinch Gut Creek Restoration Project, DMS, Stokes County, NC w' i Pinch Gut Creek before (left) and five years after restoration (right). WLS staff, formerly with Michael Baker Engineering, helped to restore over 10,500 linear feet of perennial stream channel in northwestern Stokes County, North Carolina. Streams on the site had been severely degraded primarily due to agricultural practices and cattle access. The project involved restoring six tributaries that drain a headwater catchment approximately 1.7 square miles in size. Rosgen Priority Level I and II approaches were used to reconnect the streams to their active floodplain. In -stream structures were used to provide stream stability, as well as to improve Water & Land Solutions Page 9 Buffalo Creek Tributaries Mitigation Project aquatic habitat and fisheries. The restored riparian buffers adjacent to the streams are protected through permanent fencing that excluded cattle and other livestock. WLS staff conducted watershed analyses, performed existing conditions and reference reach surveys, prepared 401/404 permitting documents, developed construction documents, and provided construction oversight. Construction of the project was completed in 2008, five years of performance monitoring were completed, and the project regulatory closeout was successfully completed in the Summer of 2013. UT to Cane Creek Restoration Project, DMS, Alamance County, NC UT to Cane Creek before (left) and one year after restoration (right). As part of a DMS full -delivery project, WLS staff, formerly with Michael Baker Engineering, helped to restore approximately 3,400 linear feet and enhanced approximately 2,900 linear feet of perennial and intermittent stream channels in southeastern Alamance County, North Carolina. The streams were degraded primarily as a result of agricultural practices and associated cattle access. The project involved restoring two tributaries that drained headwater catchments, 452 acres and 80 acres, respectively. Rosgen Priority Level I and II Restoration approaches were utilized to reconnect streams with their active floodplain. Enhancement Level I and II were also employed to stabilize the streambanks and bed features. In -stream structures were included in the design to provide stream stability and improve aquatic habitat and fisheries. The restored riparian buffers adjacent to the streams were protected through permanent fencing that exclude livestock and an alternative livestock watering system was provided. WLS staff conducted a watershed analysis, performed existing conditions and reference reach surveys, and prepared the mitigation plan. Construction of the project was completed in the Summer of 2014. Page 10 4 Buffalo Creek Tributaries Mitigation Project UT to Mill Swamp Stream and Wetland Restoration Project, DMS, Onslow County, NC Under a DMS full -delivery contract, WLS staff, formerly with Michael Baker Engineering, successful designed and oversaw construction activities for 1,513 linear feet of single thread channel, 2,093 linear feet of multi -thread channel, and 4.0 acres of riparian wetlands in the White Oak River Basin. In addition, the project enhanced 600 linear feet of stream and excluded cattle from an intermittent tributary that flows into the project area. The project is located in the Inner Coastal Plain Physiographic Region, which has a long history of aquatic resource degradation caused by agricultural practices such as ditching, draining, and watershed hydromodifications. As part of the design and permitting considerations for the project, WLS staff worked extensively with the DMS and the NCIRT to determine what restoration approach would be appropriate for the headwater stream and wetland system based on the current coastal plain mitigation guidance and functional uplift potential at the site. WLS staff helped perform detailed field UT to Mill Swamp before (top) and one year after assessments, which included jurisdictional restoration (bottom). wetland delineations, hydrologic analyses, geomorphic surveys, stream determinations for intermittent and perennial status, and a delineation and investigation of hydric soil units. Based on the existing conditions analyses, a unique design plan was developed for the site which involved removing spoil piles and filling the highly -degraded channel to restore a shallow, broad or diffuse flow path across the relic floodplain and allow the channel to adjust naturally on its own after construction. This creative headwater restoration approach raised the local water table and greatly improved aquatic and terrestrial habitat by providing in -stream cover through the addition of woody debris and brush piles. WLS staff also sought to minimize unnecessary disturbances to ecologically functioning areas that were prevalent within the stream corridor. On-site woody material was stockpiled and incorporated back into the system whenever possible, and a revegetation plan was developed to remove invasive plant species and improve the riparian stream buffers with native vegetation species. Water & Land Solutions Page 11 Buffalo Creek Tributaries Mitigation Project To meet one of the DMS's RBRP project goals, WLS staff implemented an agricultural BMP to reduce non -point source inputs into the restoration area. A low -maintenance wet pond was installed to capture runoff from adjacent farm fields and to thereby increase filtering capacity through sediment and nutrient settling, demonstrating the application of innovative/non-traditional restoration. The pond also serves as a site amenity that creates aquatic habitat and recreational opportunities for the local community. The project construction was completed in June 2013 and the project is currently in its fifth year of successful post -construction performance monitoring. Firm Office Locations WLS's home office is in Raleigh, North Carolina and we also maintain offices in Huntersville, NC and Dallas, Texas. WLS's goal is to maintain a moderate-sized presence to ensure company leadership remains actively involved in all project work, while concurrently maintaining the high level of quality desired and deserved by our clients. Unlike most firms that maintain a primary goal of company profit growth, WLS's primary goal is to focus on project success and client satisfaction. As a small company, we can positively impact people inside and outside of the industry: partners and stakeholders such as landowners, and individuals in the public that can learn about the value of ecological restoration. Multidisciplinary Project Approach The goal of ecosystem restoration is to return the maximum level of hydrologic and biological functioning to a degraded stream, wetland, and/or riparian buffer corridor, considering the associated land use and landform constraints. The WLS team of scientists, engineers, surveyors, and biologists lead the efforts to document the existing conditions at the project site and document the impairments and constraints. Our team then works closely together to develop restoration designs that provide optimum functional uplift, again considering site constraints, as well as to coordinate the efforts for the Categorical Exclusion tasks and other permitting efforts. Hydrologists and hydraulic engineers prepare models and analyses to evaluate FEMA requirements, flooding conditions, and sediment transport. WLS's senior staff have significant experience with regulatory review, including project closeout, as demonstrated by having successfully brought four DMS full -delivery projects to regulatory closure. Construction specialists perform constructability reviews with the project designer to ensure designs are practical and can be constructed efficiently. Our team's construction experts, including foremen, equipment operators, laborers and vegetation specialists ensure that sound, innovative and cost effective construction is employed in adherence with the project schedule. When needed, the WLS construction team can adapt easily to various environmental and site conditions. After construction, our team's surveyors and designers perform as -built and monitoring surveys to document project conditions during the monitoring period. This multi -disciplinary approach has been a primary factor in our successful track record with ecosystem restoration projects. Page 12 4 3 Project Organization Buffalo Creek Tributaries Mitigation Project Proposed Staffing, Deployment, and Organization 1� Team Members _1 Water & Land Solutions: WLS Load Firm Venclo WLS Engineering: WLSE WLS Scott Hi Ecosystem Services: ES Kee Mapping & Surveying: KEE Project Manager Technic, Brown's Environmental Group, INC: BEG Kayne VanStell, WLS Scott Hu Field Survey Catherine Manner, WLS Jon Morgan, WLS Kayne VanStell, WLS Brad Kee, CFS, PLS, KEE ChrisTomsic, PE, CFM, ENVSP, ES IAnalyses & Assessment I Jon Morgan, WLS Kayne VanStell, WLS Scott Hunt, PE, WLSE, WLS Kip Mumaw, PE, ES ChrisTomsic, PE, CFM, ENVSP, ES Wyatt Brown, LSS, BEG Design Kayne VanStell, WLS Chris Tomsic, PE, CFM, ENVSP, ES Kip Mumaw, PE, ES Scott Hunt, PE, WLSE, WLS 1 0 Permitting 1 Catherine Manner, WLS ChrisTomsic, PE, CFM. ENVSP. ES Construction Oversight Adam McIntyre, WLS Kayne Van Stell, WLS Scott Hunt, PE, WLSE, WLS Kip Mumaw, PE, ES Chris Tomsic, PE, CFM, ENVSP, `Construction contractor to be selected at a later date WLS WLS As -Built Survey Kayne VanStell, WLS Monitoring Jon Morgan, WLS Catherine Manner, WLS Brad Kee. CFS. PLS. KEE Water & Land Solutions Page 13 Buffalo Creek Tributaries Mitigation Project Primary Sub Contractors Ecosystem Services will provide hydrology/hydraulics engineering and modeling support as well as permitting, design, biological assessment and monitoring support. Since their founding in 2011, by field recognized experts, Ecosystem Services has emerged as a leading full-service engineering and ecological consulting firm. Drawing on staff from diverse professional backgrounds, they have provided detailed designs and hydrologic/hydraulic models in support of a broad variety of restoration projects. Recent projects represent over $10 million invested in restoration. As a small business enterprise, Ecosystem Services has the flexibility, and innovative power to tailor project solutions to complex problems. As a company, they pride themselves on principal level involvement, a science -centered approach, and experience -based solutions that meet the needs of multiple stakeholders including regulators, funders, and landowners. Ecosystem Services specializes in hydraulic/hydrologic modeling applications for all aspects of ecological restoration projects including assessment, planning, design and permitting. Their water resources engineer complete detailed hydrologic and hydraulic analyses to inform decision making and to document predicted effects of restoration practices including flooding, sediment transport, and hydraulic conditions. This information is regularly used for the development of FEMA Flood Studies, understanding the effects on species of concern and habitat conditions, and determining the most effective and successful restoration design. Ecosystem Services staff begin with detailed field surveys and review of all base data including topographic surveys, GIS data, FEMA mapping, precipitation and stream flow data. This information is analyzed to ensure that the project objectives can be accomplished and any remaining data gaps are identified. Their engineers then perform the necessary hydrologic and hydraulic modeling using state of the art 1-D and 2-D modeling software to show the effect of different engineering scenarios and guide design efforts. Their proven FEMA permitting process starts with acquisition of the proper models; followed by development of the existing conditions, corrected effective, and proposed improvement models; and ending with completing the MT -2 forms, providing public notifications, and applying for certification of no impact to structures. Ecosystem Services also provides cost-effective, scientifically valid pre- and post -restoration monitoring of macro -invertebrates utilizing the Rapid Bio -assessment Protocols provided by the EPA. Ecosystem Services staff routinely document reference conditions, complete visually based habitat assessments, and sample and interpret field data regarding the health of aquatic communities by assessing the assemblage of benthic macroinvertebrates. Their staff is prepared with field equipment, field knowledge, and GIS mapping and GPS locating capability. Ecosystem Services staff analyze monitoring data to characterize existing conditions and help to evaluate the effectiveness of restoration activities. Kee Mapping & Surveying will serve as the surveyor for the WLS Team for this WU project. Kee Mapping and Surveying (Kee) was founded in 2007 with the goal of becoming one of North Carolina's top Professional Land Surveying and Mapping organizations. They specialize in GIS mapping, boundary, topographic and conservation easement surveys for a wide variety of projects. Although Kee offers a vast array of services, Kee has the passion and expertise for specializing in land conservation projects such as stream and wetland Page 14 4 Buffalo Creek Tributaries Mitigation Project mitigation projects and their associated conservation easements. Kee provides an entire suite of survey and mapping services, in support of mitigation projects, including existing condition surveys, as -built surveys, aerial topographic surveys, construction layout, both conventional and machine control, as well as all the needed FEMA surveys, including Elevation Certificates, floodplain stakeout, Letters of Map Amendments (LOMA), and FEMA cross-sections. With an in-depth knowledge of local, state and federal requirements, their team provides sound advice and accurate results in an efficient manner. Kee's primary focus is providing clients with top quality services of mapping and surveying solutions, with a strong belief in the preservation and protection of land for future generations. Kee Mapping & Surveying is a member of American Congress on Surveying and Mapping, Western North Carolina Green Building Council, North Carolina Society of Surveyors, National Society of Professional Surveyors, Southern Appalachian Highlands Conservancy, RiverLink, Carolina Mountain Land Conservancy and the Asheville Home Builders Association. Brown's Environmental Group will provide hydric soil, wetland delineation, and permitting support services. Brown's Environmental Group (BEG) is led by Wyatt BRo Brown a licensed soil scientist with over 35 years of experience in natural R P. resources, including identifying and delineating jurisdictional streams and wetlands. Mr. Brown has a strong reputation within the industry, and has successfully served respective clients such as the NCDOT, DMS, and the NC Mining Industry for mitigation related services. BEG staff understand how to obtain agency approval while navigating the regulatory stream and wetland mitigation issues that pertain to restoration, re-establishment and rehabilitation. Qualifications and Experience For all personnel assigned to this project, resumes are included below and include description of qualifications, experience, and responsibilities. WATER & LAND SOLUTIONS Kayne M. Van Stell, Ecosystem Restoration Specialist Mr. Van Stell has over 18 years of experience working on a wide variety of ecosystem restoration, compensatory mitigation, water resources, and civil engineering projects. He has extensive site design and project management experience that includes developing construction plans and specifications while providing technical assistance for clients, stakeholders and contractors on numerous projects throughout the United States. He has completed all levels of Rosgen natural channel design (Levels I through IV) and has expertise with natural systems surveys such as stream and wetland delineations, geomorphic and ecological assessments, conservation easement mapping, and is proficient with numerous GIS, CADD, and H&H modeling software programs. Kayne has successfully navigated and managed the regulatory closeout of two DMS full -delivery projects in recent years. Project Responsibilities: Mr. Van Stell will serve as the project manager and will lead the design and construction administration. Water & Land Solutions Page 15 Buffalo Creek Tributaries Mitigation Project Education: BS Biology/Ecology, Northern Michigan University, 1997. Continuing Education: Applied Fluvial Geomorphology (Level 1), River Morphology and Applications (Level II), River Assessment and Monitoring (Level III), and River Restoration and Natural Channel Design (Level IV) with Dave Rosgen, USU Sediment Transport in Stream Assessment and Design with Peter Wilcock. Professional Memberships: North Carolina Environmental Restoration Association (NCERA), North Carolina Association of Environmental Professionals (NCAEP), Society for Ecological Restoration (SER). William "Scott" Hunt, III, PE, Senior Water Resources Engineer Mr. Hunt is an accomplished natural resources engineer with more than 25 years of civil engineering experience, specializing in stream, wetland, and habitat restoration, conservation and stewardship. He is an avid, conservation -minded outdoorsman with passionate vision and a genuine desire to strike a balance between sound engineering principles and environmental stewardship to promote and implement improvements to the conservation of natural resources. Mr. Hunt most recently served as ecosystem restoration technical services manager and lead engineer responsible for the management of more than 20 ecosystem restoration staff, clients, and services across North Carolina, as well as national and regional level coordination of ecosystem restoration technical, business development and marketing services. Mr. Hunt's career includes ecosystem restoration design, civil engineering site design, storm drainage design, stormwater management design, wireless telecommunications tower site design, and utility and erosion control design for a variety of public and private sector projects across the Southeast. Scott successfully navigated and managed the regulatory closeout of four DMS full -delivery projects in recent years. Project Responsibilities: Mr. Hunt will serve as the professional engineer of record (under WLS Engineering, PLLC), the senior technical advisor and QA/QC coordinator, and the vendor's representative as defined under this RFP. Education: BS Civil Engineering, North Carolina State University, 1992. Professional Registration: Professional Engineer, North Carolina, South Carolina, Texas, and Georgia. Continuing Education: Applied Fluvial Geomorphology (Level 1), River Morphology and Applications (Level II), River Assessment and Monitoring (Level III), and River Restoration and Natural Channel Design (Level IV) with Dave Rosgen; Stormwater BMP Inspection and Maintenance, North Carolina Cooperative Extension. Professional Memberships: North Carolina Environmental Restoration Association (NCERA), Past Vice -President. Adam V. McIntyre, Watershed Hydrologist, CEO Mr. McIntyre has been in the environmental resource management business for more than 19 years, specializing in the identification, planning, design, permitting and construction of mitigation sites throughout the United States. In addition to mitigation Mr. McIntyre has been active in reviewing Page 16 4 Buffalo Creek Tributaries Mitigation Project land tracts to identify potential environmental hurdles, assist in the planning and development of various projects to maximize land value and protect environmental features, and the permitting of those sites to expedite the process. Mr. McIntyre has successfully completed over 200 mitigation, permitting, and delineation projects throughout North Carolina, South Carolina, Tennessee, New Jersey, and Texas, as well as reviewing opportunities in Florida, Georgia, Kentucky, Louisiana, Ohio, and Virginia. Mr. McIntyre has used his technical experience and personal/professional skills to develop partnerships and relationships with government officials, clients, and investors in the mitigation arena. Mr. McIntyre has been involved in developing reference stream attributes and regional curves in North and South Carolina. Mr. McIntyre has attended all four fluvial geomorphology Natural Channel Design courses offered by Dave Rosgen, along with presenting at workshops and conferences involving stream and wetland mitigation. Mr. McIntyre maintains experience in all phases of watershed restoration planning, design, construction, and monitoring. In addition, Mr. McIntyre has worked with multiple government entities to develop an efficient, low- risk, and highly successful mitigation procurement process to help these entities meet their mitigation needs. Project Responsibilities: Mr. McIntyre will assist with the existing conditions analyses and assessment, design, permitting, and construction inspection. Education: BS Natural Resources, North Carolina State University, 1999. Continuing Education: Applied Fluvial Geomorphology (Level 1), River Morphology and Applications (Level 11), River Assessment and Monitoring (Level 111), and River Restoration and Natural Channel Design (Level IV) with Dave Rosgen. Professional Memberships: National Mitigation Banking Association (NMBA), North Carolina Environmental Restoration Association (NCERA), Past Vice -President, South Carolina Mitigation Association (SCMA), Executive Board. Jon G. Morgan, Project Scientist Mr. Morgan is a project scientist specializing in stream, wetland, and habitat restoration, conservation and stewardship. He is a lifelong outdoorsman who cares about the conservation and preservation of our natural resources. Mr. Morgan most recently served for seven years as a Master Officer with the Law Enforcement Division of the North Carolina Wildlife Resources Commission, in Wake County. He worked closely with the public, landowners, outdoorsmen and sportsman to conserve and protect the natural resources of North Carolina. In addition to the enforcement of the state's wildlife laws, Mr. Morgan also worked diligently to educate the public and landowners about our ecosystems and the issues created by an increasing urban environment. He also assisted NCWRC biologists with wildlife population counts and wildlife disease control. Mr. Morgan joined WLS in 2015 and has trained in most aspects of restoration projects including site evaluation, existing condition survey, and conceptual design/planning. In addition to ecosystem restoration aspects, he has trained in wetland and stream delineation and Trimble GPS surveys. Mr. Morgan also holds a North Carolina Commercial Pesticide and Herbicide Applicator's License and serves as the lead for WLS for invasive species management and control. Water & Land Solutions Page 17 Buffalo Creek Tributaries Mitigation Project Project Responsibilities: Mr. Morgan will assist with the existing conditions field surveys, analyses and assessment, permitting, and will lead the monitoring efforts. Education: BA Sociology, North Carolina State University, 2011. Professional Memberships: National Mitigation Banking Association (NMBA), North Carolina Environmental Restoration Association (NCERA). Catherine A. Manner, Project Scientist Ms. Manner is a project scientist specializing in stream, wetland, and habitat restoration, conservation and stewardship. She leads GIS analyses and map production, as well as managing mobile data collection. She has a passion for improving the health and quality of surrounding watersheds. Ms. Manner most recently served as an Environmental Consultant for ICF International where she worked in the Environmental & Planning Division. She assisted with Tier 2 Environmental Site Specific Reviews for the FEMA and HUD New Jersey Hurricane Sandy Project. Currently, Ms. Manner is pursuing her Masters of Natural Resources at North Carolina State University while working full-time for WLS. Project Responsibilities: Ms. Manner will lead project GIS activities and will assist with the existing conditions field surveys, analyses and assessment, permitting, and monitoring efforts. Education: BS Environmental Science, Concentration in Hydrology and Double Minor in Geology and Geography, University of Delaware, 2015. Continuing Education: N.C. Wetland Assessment Method (NC WAM), and NC State University River Course: Aquatic Insect Taxonomy and Pollution Ecology (161), and Stream Morphology Assessment (101). On-going graduate course studies at North Carolina State University. Professional Memberships: North Carolina Water Resources Association (NCWRA). an' Chris Tomsic, PE, CFM, ENV SP, Project Engineer Mr. Tomsic is a senior water resources engineer with expertise in ecosystem restoration and natural system processes. With over 12 years of experience, he has completed a diverse variety of stream and wetland restoration projects involving field surveying, hydraulic/hydrologic modeling, geomorphic assessment, stream/wetland design, and construction management. As a Certified Floodplain Manager (CFM), Mr. Tomsic has experience incorporating floodplain management strategies into the design of stream and wetland restoration projects. In addition to engineering and design, Mr. Tomsic has experience with project management and construction crew supervision. Project Responsibilities: Mr. Tomsic will provide hydraulic/hydrologic engineering, modeling support, stream design, as well as permitting and coordination support. Page 18 4 Buffalo Creek Tributaries Mitigation Project Education: MS Civil Engineering, Ohio State University, 2006. BS Civil Engineering, Ohio State University, 2000. Professional Registration: Professional Engineer, Virginia, North Carolina, Indiana, South Carolina, and Tennessee. Professional Certifications: Certified Floodplain Manager; Envision Sustainability Professional; Rosgen I-IV Stream Assessment, Design and Monitoring Training. Professional Memberships: North Carolina Association of Environmental Professionals (NCAEP). William Kipling "Kip" Mumaw, PE, Project Engineer Mr. Mumaw is professional engineer with over 11 years of expertise in ecological restoration design and stormwater management. He has completed numerous stream and wetland restoration projects involving hydrologic/hydraulic analyses related to design, specification, permitting and construction. He uses a combination of natural channel and analytic design methodologies to evaluate constraints and create project opportunities. He routinely provides sediment transport analyses, geomorphic surveys, concept plans, construction plans, and as -built surveys. Mr. Mumaw has extensive experience with model drafting and modeling technologies including: HEC-RAS/HMS, Autodesk H&H, PCSWMM, Autodesk Civil 3D, GeoRAS, GeoHMS, and more. Beyond engineering and design, Mr. Mumaw has experience with project management, construction crew supervision, budgeting, scoping, and quality control. Project Responsibilities: Mr. Mumaw will provide hydraulic -hydrologic engineering, modeling support, as well as permitting and coordination support. Education: BS Civil & Environmental Engineering, Virginia Tech, 2007. Professional Registration: Professional Engineer, Virginia, North Carolina, Maryland, West Virginia, and Pennsylvania. Professional Certifications: VA DEQ Stormwater Management Certified Combined Administrator, 2014; NC State River Course 302 Hydraulic Modeling for Stream Restoration, 2012; Army Corps of Engineers Wetland Delineation Training Program, Richard Chinn Environmental Training, Inc., 2010; Natural Channel Design, Shepherd University/National Conservation Training Center, 2010; NC State Fluvial Geomorphology, 2010. Water & Land Solutions Page 19 Buffalo Creek Tributaries Mitigation Project i4tiAPPINC; & SUHVEYIfM1C; Brad Kee, CFS, PLS, Surveyor and Certified Floodplain Surveyor Mr. Kee is a professional surveyor over 19 years of experience in GIS mapping and land surveying as well as the owner and founder of Kee Mapping & Surveying, and employs a dedicated and skilled staff that add to the increased success of the company. He began his career as a GPS Technician at Dinosaur National Monument. He then became a GIS Technician for Analytical Surveys, Inc. Brad's love for the outdoors influenced his decision to become a land surveyor in 1999. Brad is a certified floodplain surveyor and is trained in stream morphology assessment. He also specializes in boundary, topographic, construction and as -built surveys for stream restoration and storm water design. Brad is proud that his company Kee Mapping and Surveying, PA has been a part of over 40 projects involving streams, rivers and water quality. Project Responsibilities: Mr. Kee will serve as the professional land surveyor of record and will oversee all surveying activities. Education: BS Geography (Geographic Information Systems Concentration), Appalachian State University, 1997; Surveying Technology, Asheville -Buncombe Technical Community College, 2003. Professional Registration: Professional Land Surveyor, North Carolina. Professional Certification: Certified Floodplain Surveyor, North Carolina. Nolan Carmack, CFS, PLS, Surveyor and Certified Floodplain Surveyor Nolan Carmack began his career as a field technician for New River Surveyors in 2006 where he found a profession that combined both his love of mapping, geography and the outdoors. He manages multiple field and office personnel for Kee, while overseeing the completion of large scale surveying and mapping projects. Nolan sits on the Geomatics Advisory Committee for Asheville -Buncombe Technical Community College, is a National Geodetic Survey OPUS Project Manager and a Certified Flood Plain Surveyor. He specializes in control networking, boundary retracement, topographic and construction surveys. Nolan has experience in 3D modeling of streams for construction using GPS machine control. His role with Kee Mapping and Surveying is in quality control of final products using efficient field methodology, AutoCad and GIS software. Project Responsibilities: Mr. Carmack will provide project management and surveying support services for surveying activities. Education: BS Geography, Appalachian State University, 2006; Associates Degree, Surveying Technology, Asheville -Buncombe Technical Community College, 2011. Professional Registration: Professional Land Surveyor, North Carolina and Tennessee. Professional Certification: Certified Floodplain Surveyor, North Carolina. Page 20 4 Buffalo Creek Tributaries Mitigation Project aRowN's Wyatt Brown, LSS, Soil Scientist Mr. Brown a licensed soil scientist with over 35 years of experience in natural resources, including identifying and delineating jurisdictional streams and wetlands. Mr. Brown has a wide range of practical knowledge of identifying and evaluating hydric soils for soil science classification. He has been applying his extensive soil knowledge for projects throughout North Carolina over the span of his career and is licensed to conduct soil science in North Carolina. Mr. Brown has extensive knowledge of NC soils having worked in over 75 counties in NC. In the last 5 years Mr. Brown has personally delineated wetlands on over 4,000 acres of land in North Carolina. Mr. Brown has a strong reputation within the industry and has successfully served respective clients such as the NCDOT, DMS, and the NC mining industry for mitigation related services. Mr. Brown is also a Certified Professional Erosion and Sedimentation Control Specialist successfully obtaining permits and trout waivers for stream and wetland restoration projects. Project Responsibilities: Mr. Brown will provide hydric soil investigations support. Education: BS, Agronomy, NC State University, 1978. Professional Registration: Licensed Soil Scientist, North Carolina. Professional Memberships: Soil Science Society of North Carolina. DBE/HUB Participation WLS has an agreement with a SPSF/SWAM certified firms for this project. Ecosystem Services is a SWAM (Small, Woman and Minority -Owned) firm in Virginia. Water & Land Solutions Page 21 Buffalo Creek Tributaries Mitigation Project 4 Technical Approach 4.1 Project Goals and Objectives The Buffalo Creek Tributaries Mitigation Project (project) will provide numerous water quality and ecological benefits within the Buffalo Creek Watershed, which drains to the Little River, which eventually drains to the Neuse River. While many of these benefits are focused on the project area, others, such as nutrient removal, sediment reduction, and improved aquatic and terrestrial habitat, have more far- reaching effects extending downstream to the Neuse River. The project will meet the general restoration and protection goals outlined in the 2010 Neuse River Basin Restoration Priority Plan (RBRP). More specifically, three out of the four functional goals and objectives outlined in the Wake -Johnston Collaborative Local Watershed Plan (LWP) as well as the Neuse 01 RWP will be met by: • Reducing sediment and nutrient inputs to the Buffalo Creek Watershed. • Restoring, preserving and protecting wetlands, streams, riparian buffers and aquatic habitat. • Implementing agricultural BMPs and stream restoration in rural catchments together as "project clusters". In an effort to revise its watershed prioritization process, DMS developed and finalized the Neuse 01 RWP in July 2015 the Upper Neuse River Basin within Hydrologic Unit (HU) 03020201. The purpose of the Neuse 01 RWP was to identify and prioritize potential mitigation strategies to offset ecological impacts from development and provide mitigation project implementation recommendations to improve ecological uplift within the RWP. The project recommendations include traditional stream and wetland mitigation, buffer restoration, nutrient offset, and non-traditional mitigation projects, including stormwater and agricultural BMPs; and rare, threatened, or endangered (RTE) species habitat preservation or enhancement (Neuse 01 RWP). The project is situated in the lower piedmont where potential for future development associated with the rapidly growing Wendell and Johnston County areas is imminent, as described in the Neuse 01 RWP. The USGS 2011 National Land Cover Data (NLCD) GIS Dataset was compared with current aerial imagery to estimate the impervious cover and dominant land use information for the project catchment area. Currently, the catchment areas have an impervious cover estimated near 12 percent and the dominant land uses are agriculture and mixed forest. A new high school, Corinth Holders High School, was built in 2009, adjacent to the project, which has contributed to a significant increase in impervious surface area and surface runoff within the project watershed. As recommended in the Neuse 01 RWP, this project provides an ideal opportunity to implement "project clusters", or combinations of different practices or measures, collectively for a combined effect with the stream restoration, to include riparian wetland restoration, riparian buffer restoration, and various BMPs, ahead of the described development. The proposed project will meet DMS' broad focus points which include: maintaining and enhancing water quality, restoring natural hydrology, and protecting fish and wildlife habitat. The project will improve water quality by reducing nutrient and sediment inputs from the project area. The natural headwater flow regime will be improved and/or restored to riparian wetlands and floodplain areas by removing man- made impoundments and implementing Priority Level I Restoration where possible to raise the existing Page 22 4 Buffalo Creek Tributaries Mitigation Project streambed. Additionally, fish and wildlife habitat will be restored and protected through a permanent conservation easement in excess of 50 feet wide along both sides of all stream reaches. The project is located east of Lake Wendell which is classified as a Natural Heritage Natural Area (NCNHP, 2015). Currently. The surrounding headwater tributaries that flow directly into Buffalo Creek are largely undeveloped on parcels that are privately owned. The proposed project would extend the wildlife corridor and protect aquatic and terrestrial habitat in the area through a permanent conservation easement. The in -stream restoration practices will improve habitat diversity (e.g. protect/restore floodplain and spring - fed wetlands, provide deeper pools and backwater areas) and promote native wetland species propagation throughout the conservation easement. Photo showing an existing stormwater BMP that treats surface runoff before entering the project area. Additionally, agricultural BMPs, such as grassed waterways, and water quality treatment features, riparian buffer protection and stormwater wetlands will be installed and/or utilized to remove direct effluent inputs and pollutant contamination from the project streams and wetlands. Expected Project Benefits The expected benefits and improvements to impaired chemical, physical, and biological functions are summarized below as part of the overall goals described in the referenced Neuse RWP, RBRP, and LWP. Benefits Related to Hydrology and Hydraulics Floodplain Connectivity—A Priority Level I Restoration approach will reconnect channels with their active and/or relic floodplains and improve stream and wetland hydrology to areas that have been degraded and/or been historically manipulated. Surface Storage and Retention — The restored streams will be raised and reconnected to their active or relic floodplains to restore wetland hydrology and to spread higher flow energies onto the floodplain thereby increasing retention time, storage, and roughness. Riparian wetland restoration and incorporation of vernal pools, depressional areas, and other floodplain wetland features will provide additional retention, storage and habitat diversity and uplift. Native species riparian vegetation will be established throughout the riparian buffer corridor. Groundwater Recharge and Hyporheic Exchange — The restored riparian buffers and wetland microtopography will increase infiltration and improve overall hydrogeologic function. Benefits will be achieved through the establishment of vegetated buffers which increase groundwater infiltration, surface water interaction and recharge rates. Water & Land Solutions Page 23 Buffalo Creek Tributaries Mitigation Project Benefits Related to Geomorphology Proper channel form — Restoring an appropriate dimension, pattern, and profile will efficiently transport and deposit sediment (point bars and floodplain sinks) relative to the stream power and load that is supplied from banks and uplands. Stream channels that are appropriately sized to convey a smaller storm flows will greatly improve channel stability by reducing active bank erosion (lateral stability) and bed degradation (vertical stability; i.e. headcuts, downcutting, incision). In -stream structures — In -stream structures, such as log step -pools, j -hook vanes, brush toe and constructed riffles made from native Photo showing evidence of channel widening, active woody and rock materials, will help to control bank erosion and sediment inputs along MS -R1. grade and reduce bank erosion by diverting shear stress away from streambanks during storm events. Based on preliminary site assessments, streambank erosion is a main contributor of sediment and Total Suspended Solids (TSS) within the project area. Sediment Transport — Boundary conditions, land use, climate, and geologic controls influence stream channel formation, migration, and how sediment is transported through its watershed. Appropriate transport capacity, flow competency and bed material size will ensure sediment is more evenly distributed, such that excessive degradation and aggradation do not occur. Adequately transporting or entraining fine-grain sediment will prevent embeddedness and create interstitial habitat and in -stream cover within riffle areas. Riparian Buffer Vegetation — Currently, excess nutrients and pollutants such as nitrogen and phosphorus from agricultural practices are entering many of the project reaches without adequate riparian buffers. High -functioning riparian buffers will be enhanced and permanently protected to remove direct pollutant sources and filter runoff prior to entering the project reaches. Bioengineering Treatments — Bioengineering practices such as live staking, brush layering, and vegetated soil lifts will provide lateral bank stability, rapid tree growth and bank shading to reduce water temperatures, bank erosion and increase dissolved oxygen levels. Benefits Related to Physicochemical (Water Quality) Nutrient Reduction — Benefit will be achieved through the removal of excess nutrients through filtration and nutrient uptake within the restored, enhanced and protected vegetated buffers. Sediment Reduction — Benefit will be achieved through stabilization of eroding banks; installation of vegetated buffers; and by dissipating excess flow energy and shear stress with increased overbank flows during storm events. DO, NO3-, DOC Concentration — Benefits will be achieved through the restoration of more natural stream bedforms, including riffle and pool sequences, which will increase dissolved oxygen (DO) concentrations. In addition, the riparian buffers provide increased shade and vegetation density/structure will reduce Page 24 4 Buffalo Creek Tributaries Mitigation Project water temperatures and groundwater nitrates (NO3-) as well as increase dissolved organic carbon (DOC) (King et al, 2016). Agricultural BMPs — As discussed under the RWP, appropriate agricultural BMPs will be implemented to provide various levels or methodologies of pollutant removal. When implemented collectively along with stream, riparian buffer, and riparian wetland restoration, these water quality features can be effective at reducing nutrients and pollutants, particularly sediment loadings, and therefore provide additional ecological uplift to a project. The agricultural BMPs that are best suited for use at this project site include grassed waterways and small basins to treat agricultural and stormwater runoff. Photo illustrates an untreated area of surface runoff and scour that flows into the project area. Water Quality Improvement Features — These features will be in the form of small "maintenance -free" treatment basins and/or constructed wetland features that will capture and treat runoff from the surrounding active agricultural fields and stormwater runoff before it reaches the restored riparian buffer corridor and stream channel. These features will improve water quality by increasing infiltration and groundwater recharge, providing diffuse flow energies, and allowing nutrient uptake within the extended buffer area. Benefits Related to Biology Terrestrial and Aquatic Habitat — Benefits will be achieved through the incorporation of physical structure, removal of invasive species and improving native vegetation within riparian buffer areas. Benefits to aquatic organisms will be achieved through the installation of appropriate in -stream structures using native rock material and woody debris. Adequately transporting and depositing fine-grain sediment onto the floodplain will prevent embeddedness and create interstitial habitat, organic food resources and in -stream cover. In -stream habitat will be improved by creating deeper pools and areas of re -aeration. These small lotic systems can provide sources of organic matter that ultimately improve the biodiversity of downstream river systems. Landscape Connectivity — Benefits to landscape connectivity will be achieved by restoring a healthy stream corridor, promoting aquatic and terrestrial species migration and protecting their shared resources in perpetuity. Water & Land Solutions Page 25 Buffalo Creek Tributaries Mitigation Project 4.2 Project Description Site Location The project is located in Johnston County between the Community of Archer Lodge and the Town of Wendell. The project site is located in the NCDEQSub-basin 03-04-06, in the Lower Buffalo Creek Priority Sub -watershed 030202011504, study area for the Neuse 01 RWP and in the Targeted Local Watershed 03020201180050, all of the Neuse River Basin (Figure 1, Project Location). The project reaches are all unnamed tributaries to Buffalo Creek. Buffalo Creek flows southeast to its confluence with the Little River near Micro, North Carolina. The Little River drains southeast to its confluence with the Neuse River in Goldsboro, North Carolina. Buffalo Creek (Lake Wendell) is listed by the NCDEQ Division of Water Quality (NCDENR DWQ, 5/1/1988) as C and NSW waters from the project area all the way downstream to its confluence with the Little River. The land use within the project area is comprised of mostly forested and mixed agricultural (predominantly row crops), with a very small percentage of low density residential use. Figure 2, USGS Topographic Map, illustrates the existing topography of the project area. Natural Resource Conservation Service (NRCS) soils information for the project area is show on Figure 3, NRCS Soils Map. The Figures in this proposal include: Project Location (Figure 1), USGS Topographic Map (Figure 2), NRCS Soils Map (Figure 3), LiDAR Map (Figure 4), Floodplain Map (Figure 5), Aerial Photographs (time series historical aerial photography) (Figures 6a, 6b, 6c, 6d and 6e), Existing Hydrography (Figure 7), Channel Stability & Pre -Monitoring Features (Figure 8), Water Quality Stressors (Figure 9), and Proposed Mitigation Features (Figure 10). Site Investigations and Existing Conditions WLS first conducted field investigations in September 2015 to evaluate and document the existing conditions at the project site, as well as for each of the project stream reaches and riparian areas. Subsequent field investigations included evaluating channel conditions, riparian buffer vegetation assessment, photographic documentation, cross-section surveys, and hydric soils investigations. Field work dependent sections of the DMS's "Technical Proposal Evaluation Criteria, Neuse 03020201" (Attachment 1: Technical Evaluation Scoresheet), were completed as well. Copies of the completed rating forms are included in the appendices. The results of the existing condition cross-section surveys and the visual field evaluations were used to conduct geomorphic stream classification and assess channel stability for each of the project stream reaches. The results of the existing condition cross-sections surveys are summarized in the table below. The results of the field evaluations were used in conjunction with available GIS data to develop the mapping required under this RFP. All the project reaches have been heavily impacted from historic and current land use practices, including agriculture, silviculture and site development. Within the project area, approximately 55 percent of the stream banks are experiencing active bank erosion. Figure 6d, shows recent aerial photography of a high school under construction in 2008. Completion of the high school construction in 2010 added approximately 8% impervious surface cover to the watershed (See Figures 6d). This recent land use change and past land disturbances have severely impacted the stream and wetland functions within the watershed. The lack of adequate stormwater management, past land use Page 26 4 Buffalo Creek Tributaries Mitigation Project disturbances, increasing impervious cover and current agricultural practices present an opportunity for water quality and ecosystem improvements through the implementation of this project. Project Reach Summary The streams at the project site were broken down into nine reaches [MS -R1, MS -R2, R3 (Upper), R3 (Lower), R4, R5 (Upper), R5 (Lower) R6 (Upper) and R6 (Lower)] totaling approximately 4,838 linear feet of existing streams. Project reaches were differentiated based on drainage area breaks at confluences, changes in restoration/enhancement approaches, and/or changes in intermittent/perennial stream status. Field evaluations determined that Project Reaches MS -R1, MS -R2 and R5 are perennial streams. Reaches R3 and R6 were determined through field evaluations to be intermittent streams. Upper R6 was ponded and no evaluation form was completed. Reach R4 was determined to be ephemeral; however, upon further site investigations, it appears the drainage to the historic flow path has been diverted. The natural drainage to Reach R4 is being piped from an existing stormwater BMP towards Reach R5 and perennial flow has been diverted away from its natural valley. The presence of historic valleys for each of the project stream reaches can clearly be seen from LiDAR imagery (Figure 4, LiDAR Map), and are obvious through field observation. The evaluations of intermittent/perennial stream status were first made in September 2015 during moderate drought conditions and again recently in September 2017. These evaluations were based on NCDWQ's Methodology for Identification of Intermittent and Perennial Streams and Their Origins, (v4.11, Effective Date: September 1, 2010) stream assessment protocols. Table 1-2 in the executive summary presents the results of the field evaluations along with the unverified jurisdictional status of each project reach. Copies of the supporting field forms are available upon request. The results of the existing condition cross-section surveys and the visual field evaluations were used to describe the geomorphic stream classification and assess channel stability for each of the project stream reaches. The existing conditions cross-section survey data are summarized in the table below. The results of the field evaluations were used in conjunction with available GIS data to develop the mapping required under this RFP. Table 4-1 Existing Condition Cross-section Survey Data MS -R1 474.8 1.3, 5.0 5.3, 8.4 2.3, 1.8 MS -R2 543.9 5.2 6.4 1.6 R3 (Upper) 21.4 3.5 9.5 1.0 R3 (Lower) 24.1 1.2 9.2 3.7 R4 4 29.9 9.1 11.2 1.1 R5 (Upper) 11.8 9.3 3.8 1.8 R5 (Lower) 18.8 1.8 2.7 4.8 R6 (Upper) 18.4 N/A 3 N/A 3 N/A 3 R6 (Lower) 25.1 2.2 6.5 1.3 Water & Land Solutions Page 27 Buffalo Creek Tributaries Mitigation Project Note 1: Watershed drainage area was approximated based on topographic and LiDAR information and compared with USGS StreamStats at the downstream end of each reach. Note 2: Cross-section locations are shown on Figure 8, Channel Stability & Pre -Monitoring Features. Note 3: Geomorphic parameters for project reaches are based on best professional judgment and rapid field measurements. No survey data is provided for upper R6 due to the ponded conditions. Note 4: The R4 cross-section was measured along the remnant channel feature. Visual inspections of the channel substrate materials were conducted for each of the project reaches, and representative bed materials were sampled. The reaches were observed to be predominantly medium gravel materials with embedded fine sands due to severe bank erosion associated with lateral instability. Vertical grade control along the project reaches appears to be provided by root mass, the upstream pond dams, and culvert crossing. Since the project will appropriately address active streambank erosion along the main stem reaches (MS - R1, MS -R2) and surface volume runoff, the future supply of sediment from on-site streambank erosion is expected to be reduced significantly. A detailed sediment transport analysis will be conducted to quantify sediment that is being supplied to Buffalo Creek downstream, and if it will be transported adequately, thus preventing excessive aggradation. During the formal design process, WLS will assess the hydraulic design forces to ensure that the channel bed will not aggrade nor degrade. Bed degradation (incision) can occur without an adequate sediment supply if the design channel has excessive shear stress or stream power. Consequently, constructed riffles may be incorporated into the proposed design with adequate rock sizes and/or wood materials that will be immobile during storm events, since the sediment supply may not be sufficient to rebuild riffles naturally. The constructed riffles will also increase dissolved oxygen content, provide aquatic habitat and assurance that the restored channel will not degrade over time. Further discussion of sediment transport analysis is provided in Section 4.3. Project Reach Descriptions Photo of MS -R1 showing excess aggradation resulting from active stream bank erosion. MS -R1 is a main stem perennial tributary that originates from the upstream boundary of the project site, and flows downstream to the confluence with MS -R2 and an existing culvert crossing. MS -R1 has a stream length of approximately 1,497 feet, average valley slope of 0.7 percent, and drainage area of approximately 474 acres. Based on watershed reconnaissance, field observations, depositional patterns and landscape position, the excess sediment appears to be fine grained material mostly from active bank erosion and surface runoff from adjacent fields and impervious surface from a nearby high school. Page 28 4 Buffalo Creek Tributaries Mitigation Project The channel in this section lacks a floodplain connection and is laterally unstable as mechanical bank failures were observed in many of the meander bends. According to the landowner and historic aerials, portions of the stream have been manipulated to accommodate silvicultural and agricultural practices. In this area, the degree of incision is severe, with bank height ratios exceeding 2.0 and a low to moderate sinuosity (k=1.17). Woody riparian vegetation has re-established and is mostly present throughout the reach. However, MS -R1 is actively subject to water quality stressors, mainly in the form of high sediment inputs from severe bank erosion. Based on the existing channel conditions and anthropogenic disturbances, the reach is classified as Rosgen G4c stream type throughout most of its length. MS -R2 begins downstream of MS -R1 at a culvert crossing and flows south for approximately 1,340 feet. The valley slope in this area is approximately 0.6 and the channel is vertically stable; however, most of the reach appears to be moderately -to -severely incised, with active bank erosion and bank height ratios averaging 1.6. The sinuosity is low (k= 1.08) and active bank erosion was observed over 70 percent of the stream banks. The lateral instability is caused by near bank stresses during storm flows and the lack of deep rooting vegetation. Looking downstream at lateral instability and stream Throughout MS -R2, portions of the stream bank erosion along MS -R2. appear to be overly widened and historically manipulated. However, the riparian buffer is greater than 30 feet throughout its entire length. The reach has mature trees interspersed along the streambanks and floodplain; any large canopy trees will be saved and incorporated as part of the restoration design. Based on the existing conditions and coarse gravel/small cobble, MS -R2 is classified as a Rosgen 'G4' stream type. MS -R2 is actively subject to water quality stressors, mainly in the form of high sediment inputs from severe bank erosion. R3 begins near the top of the project and flows southwest for approximately 550 feet towards its confluence with MS -R1. The valley slope is approximately 2.6 percent and the channel in the upper section is currently stable, bedform diversity is excellent, and the degree of incision is low, with bank height ratios near 1.1. Stream bank erosion is minor, and most the reach has deep rooting vegetation. Along this stretch of R3, the reach is classified as Rosgen C5b. The lower portion of R3 is experiencing an active headcut and the channel condition worsens as observed by downcutting and stream bank erosion. The conditions will likely continue to Looking upstream at stable bed form and bank conditions along R3 (upper). Water & Land Solutions Page 29 Buffalo Creek Tributaries Mitigation Project degrade further if not addressed during the restoration design. R3 is classified as Rosgen G5 stream type along its lower reach. Looking at R4 below an existing stormwater BMP. Note the stable channel conditions, but dry conditions and absence of base flow. R4 begins as a small headwater tributary that originates from a stormwater BMP pipe outlet. The channel below the pipe outlet was classified as ephemeral, however the base flow has been redirected from the natural valley to R5 through a stormwater outfall pipe. R4 has a drainage area of approximately 58 acres and the valley slope is 3.1 percent. This reach has experienced historic manipulation and has been excavated to accommodate a drainage pipe outlet. Based on a review of historic aerials, the headwaters of R4 originated at a farm pond prior to being converted as a stormwater BMP to treat runoff from Corinth Holders High School. The reach is slightly -to -moderately incised in the upper portion and is classified as a Rosgen 'F4' stream type. The channel condition improves towards the downstream end as the valley widens and flattens before its confluence with MS -R1. The reach has mature trees interspersed along the stream banks and floodplain; any trees of significance will be saved and incorporated as part of the restoration design. Similar to R4, R5 begins as a small headwater tributary that originates from a stormwater BMP pipe outlet. R5 has a drainage area of approximately 19 acres and the valley slope is 2.5 percent. The channel below the stormwater outfall was classified as perennial, however it appears the increased flows coming from the stormwater outfall have led to channel degradation throughout the reach. The upper reach of R5 is classified as and incised Rosgen E5 stream type. The lower portion of R5 is experiencing an active headcut, and the channel condition worsens as observed by downcutting and stream bank erosion. The conditions will likely Photo illustrates active bank erosion and degraded wetland area along lower R5. continue to degrade further if not addressed during the restoration design. The existing buffer contains mature trees interspersed along the stream banks and floodplain; any trees of significance will be saved and incorporated as part of the restoration design. The lower reach of R5 is the reach is classified as a Rosgen 'G5c' stream type. Page 30 4 Looking downstream below pond at poor channel Buffalo Creek Tributaries Mitigation Project R6 is a small headwater tributary that is currently experiencing backwater effects from a man-made farm pond dam. R6 has a valley length of approximately 400 feet and a small drainage area of 25 acres. Prior to the farm pond construction, the natural valley slope in the upper catchment was approximately 2.2 percent. The pond depth at the upstream base of the dam was measured at approximately 3 feet deep. The entire pond perimeter is subject to active water quality stressors, mainly resulting from nutrient inputs from adjacent farm fields. definition and stream bank eros ►on along R6. The pond excavation has degraded the in - stream habitat, and poor definition was observed below the pond in upper R6. Lower R6 is slightly -to - moderately incised and is classified as a Rosgen'B4' stream type. The channel condition improves towards the downstream end as the valley widens and flattens before its confluence with MS -R2. The reach has mature trees interspersed along the stream banks and floodplain; any trees of significance will be saved and incorporated as part of the restoration design. Geology and Soils The Project site is located in the Raleigh Belt region of the eastern Piedmont physiographic province in a transitional zone near the Eastern Slate Belt and Inner Coastal Plain. More specifically, the geologic unit is classified as 'PPmg' and lies within the Rolesville batholith (Rg) or pluton, which contains igneous intrusive bedrock formations (USGS, 2016). The lithologic unit is described as foliated to massive granitic rock and exposed outcrops were observed in the project vicinity east of Lake Wendell. Additionally, various upland areas near the Project site are in the Coastal Plain (Tt) and contain pockets of unconsolidated sedimentary rocks and terrace deposits of coarse-grained sands, fine gravel and clayey sand (USGS, 1998). The Piedmont province in this transitional zone or 'fall line' is generally characterized by gently rolling, well-rounded hills and low ridges, with elevations near the project site ranging from 240 to 320 feet above sea level. The surface topography and dendritic drainage patterns within these alluvial valleys are consistent along many first order or headwater streams mapped in this region, with average valley slopes ranging from just under 1 percent to just over 2 percent. The narrow valley confinement and steeper side slopes (approximately 8 to 15 percent) typically decrease as the contributing drainage areas increase near the confluence of larger stream systems (i.e., Buffalo Creek). As shown on the NRCS Soils Map (Figure 3), existing floodplain soils around the project reaches are mostly within the mapping unit Wt. Wt (Wehadkee soil series) soils are classified as 'Hydric A' and described as poorly drained soils formed mainly on floodplains along headwater streams in the Piedmont Region that are frequently flooded. Slope ranges from 0 to 2% on landscapes with low relief and predominance of hardwoods. Loamy surface layer and loamy subsoil or sandy underlying material. On-site investigations of the project areas proposed for wetland mitigation were conducted on September 6t", 2017 by a licensed soil scientist (LSS), Wyatt Brown, LSS, with Brown's Environmental Group (BEG) (See Appendices for soil Water & Land Solutions Page 31 Buffalo Creek Tributaries Mitigation Project boring information and mapping), as required under this RFP. The findings were based on hand -turned auger borings and indicate the presence of hydric soils along the floodplains of both headwater tributaries. The hydric soils status is based upon the "Hydric Soils of the United States — A Guide for Identifying and Delineating Hydric Soils" (Version 7.0, 2010). The soils within the project area were categorized as "Hydric", "Non -Hydric over Hydric", and "Non -Hydric" in the hydric soils investigation. BEG noted that areas of existing hydric soils have been manipulated by a combination of past agricultural and silvicultural uses. As such, combining hydraulic stream modifications with limited soil removal, if needed, qualifies the Hydric Soil Unit as a candidate for wetland restoration. It is anticipated that as a direct result of implementing Priority Level I stream restoration, limited overburden soil removal, and revegetation of wet tolerant species, the natural wetland hydrology will be restored and allow the wetlands to regain their natural/historic functions. The areas proposed for wetland rehabilitation and enhancement are labeled on Figure 10. Endangered/Threatened Species and Cultural/Historic Resources Based on a review of the US Fish and Wildlife Service (USFWS) database, there are currently four federally - listed threatened and endangered species known to occur in Johnston County: the Red -cockaded woodpecker (Picoides borealis), Dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussell (Elliptio steinstansana), and Michaux's Sumac (Rhus michauxii). The project site is not known to support anadromous fish species. Project implementation is not anticipated to have a negative impact on these species. The Northern Long-eared Bat (Myotis septentrionalis) was recently listed as an endangered species, and the project site is located within the USFWS habitat range and white -nose syndrome zone per Final 4(d) rule (USFWS, January 2016). However, it is not anticipated that the proposed mitigation activities will take place within known hibernacula, or remove known occupied maternity roost trees. WLS will coordinate with the appropriate agencies should a determination be required for permitting. Furthermore, the project is not anticipated to have any adverse impacts on cultural or historic resources. There are no sites currently listed on the National Register of Historic Places (NRHP) within the project area. The nearest site is the Sunnyside Home 2001 (HPO Site ID: WA2127) which is approximately 4 miles from the project site. On-site investigations and discussions with the landowners have not disclosed any potential resources or occurrences of this type on the property. If the project is awarded, WLS will coordinate with the North Carolina State Historic Preservation Office (NCSHPO) to ensure that there will be no cultural or historical resource impacts as a result of restoration activities. Based on a review using Google Earth, the nearest airport to the project site is the Raleigh East Airport, which is located approximately 7 miles northwest of the site. FEMA Floodplain Compliance and Hydrologic Trespass None of the proposed project reaches are located within a FEMA regulated floodplain. While it is not anticipated that there will be issues associated with FEMA permitting or documentation, WLS will coordinate with the local floodplain administrator as needed and prepare the required documentation to obtain approval for any FEMA regulated impacts. In addition, the project will be designed so that any increase in flooding will be contained within the project boundary and will not impact adjacent landowners, therefore hydrologic trespass will not be a concern. Page 32 4 Buffalo Creek Tributaries Mitigation Project 4.3 Project Development The Buffalo Creek Tributaries Mitigation Project will involve the potential restoration, enhancement, preservation, and permanent protection of nine reaches [MS -R1, MS -R2, R3 (Upper), R3 (Lower), R4, R5 (Upper), R5 (Lower) R6 (Upper) and R6 (Lower)] totaling approximately 4,838 linear feet of existing streams, their associated riparian buffers (Figure 10, Proposed Mitigation Features). This comprehensive approach utilizes a suite of stream mitigation practices, from Priority Level I Restoration to Preservation, and appropriately addresses all of the intermittent and perennial stream reaches at the project site, including improving riparian buffers along all of the project stream reaches, along with restoring degraded riparian wetlands, and limiting the number of stream crossings, thus providing the maximum functional uplift and utilizing a watershed approach. Many of the existing stream reaches have been degraded significantly due to historic agricultural and silvicultural practices, including channelization. Across the project site, over 55 percent of the total streambank length is experiencing active bank erosion, and nearly 80 percent of the total stream length is actively subject to onsite water quality stressors resulting from sediment and nutrient inputs. Approximately 65 percent of the total stream lengths exhibits significant, obvious incision. As described in the project reach summary, many of the project reaches are highly unstable, with documented active lateral migration and associated localized channel widening and downcutting. Based on landowner discussions, historical aerial imagery and observations made during field investigations, the project reaches are contributing direct and excessive sediment inputs to receiving waters. There is strong evidence of these high sediment loads from recent and regular dredging activities at Lake Andrew Acres, immediately downstream of MS -R2. The proposed project will provide adequate floodplain access to all stream reaches and prevent excess stream bank erosion. For Looking at recent Lake Andrew Acres dredging activities downstream of project reach MS -R2. Note the excess sediment being excavated by heavy machinery. any project reach along which Priority Level II Restoration must be utilized, the following elements will be incorporated into the proposed design and construction: • Floodplain bench excavation grading will extend a minimum of 1.5 bankfull widths beyond the stream belt width such that meandering floodplains are not created. • All proposed floodplains will be constructed such that they are over -excavated to accommodate replacement of topsoil. Water & Land Solutions Page 33 Buffalo Creek Tributaries Mitigation Project • Design and construction oversight measures will ensure the proper harvesting, segregating, stockpiling, storage, handling, overall management and replacement of A and B soil horizon materials onto the excavated floodplain. • Constructed return slopes between the outer edge of the excavated floodplain and the terrace will be a minimum of 5:1 or flatter. WLS will compile and assess watershed information including: drainage areas, historic and current land uses and development trends, geologic setting and landscape controls, soil types, and terrestrial plant communities. WLS will compare the results of the existing conditions analyses along with reference data from previous project implementation to determine the degrees of impairment and functional losses as they relate to physical and biological processes, as well as aquatic resources. To develop an appropriate design approach for the project reaches, the restoration potential must be determined to maximize the highest functional uplift based on the hydrology, hydraulics, geomorphology, physiochemical, and biological hierarchy (Harman, 2012). The design will utilize hybrid stream restoration approaches (Skidmore, 2001) that have been successfully implemented on past projects. This includes using process based analytical tools when appropriate, as well as Rosgen's methodology (NRCS NEH, 2007), under which dimensionless ratios from reference reach data (analog) and past project experience (empirical) are analyzed to develop design criteria. The proposed project will provide increased floodplain access throughout the project area for all Restoration reaches and will be monitored to demonstrate successful floodplain function. The stream channel design will include analysis of the hydrology, hydraulics, shear stress, sediment transport, and bankfull channel dimensions. WLS will consider three methods (field indicators if present, published regional curve information, and hydraulic modeling) for estimating a bankfull discharge. The hydrology and hydraulics analysis will evaluate a range of lower flow discharges and flood frequency curves to help determine an appropriate design discharge. The design discharge will be used to select an appropriate channel geometry and help monitor long-term project performance. Sediment transport calculations and stream power analyses will be performed for both the existing degraded channels and the proposed design channels. WLS will assess the stream's transport competency and capacity to quantify the stream's ability to move its sediment load. Small alluvial channels in Eastern Piedmont (Raleigh Belt) commonly have a relatively low sediment supply (i.e., rural headwater streams with an upstream impoundment) with fine grained material, however, severe bank erosion has led to excess sediment loading into the system. Sediment transport calculations and/or models may be necessary to help quantify the sediment loads and reductions after restoration activities are completed. It is critically important to perform watershed reconnaissance and estimate how much sediment is being supplied to the project reaches by determining load rates from both within the channel (eroding bed/banks) and upland sources. WLS will perform quantitative channel assessments that include bulk samples, pebble counts, collecting sediment samples (pavement/sub-pavement, bar), and predicting streambank erosion rates and comparing model results using the BANCS Method (BEHI/NBS) to evaluate bed and bank material characteristics and estimate sediment yields. The bed material will be sieved and a grain size distribution developed. The results of the substrate analyses will be used to classify the streams, and complete critical shear stress calculations required for designing slopes/depths and predicting channel stability. Other Page 34 4 Buffalo Creek Tributaries Mitigation Project observation methods, such as dendro-geomorphic studies (bank root mass), bank pins/profiles, cross- section surveys, and time -series aerial photography may also be used as a comparative analysis. Additionally, WLS will calculate stream power and compare the results to stable reference and published values to reduce uncertainties. If the results fall outside common stable ranges for similar stream types and slopes, multiple design iterations and methods, such as the Copeland Stability Curve, HEC -RAS -SAM modeling program, will be run to confirm that sediment loads can be transported adequately through the system without containing excess energy in the channel and verify that the design will not excessively aggrade or degrade. In -stream structures are utilized for grade control, streambank protection, and improving bedform diversity and habitat. All in -stream structures will be constructed from materials naturally found at the project site such as hardwood trees, trunks/logs, brush/branches, gravel, stone, and cobble/boulder materials. To ensure sustainability of those structures, WLS will use methods of structure design and construction that have proven successful on numerous past projects in the same geographic region. WLS may also incorporate bioengineering practices, when appropriate, that use biodegradable materials and fabrics, uncompacted soils, live plant cuttings, and native vegetation to stabilize streambanks. Bioengineering treatments will provide initial bank stability that allows for the quick establishment of deep-rooted vegetation along the eroding streambanks. Once established, these live, dormant plant cuttings will provide long-term stability to the treated areas. WLS has field verified that the project site has adequate, viable construction access, staging, and stockpile areas. Note that physical constraints or barriers, such as stream crossings, account for less than two percent of the proposed total project footage within the conservation easement area. These same existing site access points and features will be used for future access after the completion of construction. Where practicable, impacts to existing native riparian buffer vegetation and existing wetlands will be minimized. The use of native species riparian buffer transplants will be maximized as well. Any potential impacts to existing wetland areas will be avoided during construction, with only temporary, minimal impacts expected and when necessary for maximized permanent stream, wetland, and riparian buffer functional uplift. MS -R1: Restoration MS -R1 begins at the northern boundary of the project site immediately downstream of an existing pond and natural bedrock feature. Work along MS -R1 will involve a Priority Level I Restoration by raising the bed elevation and reconnecting the degraded stream with its geomorphic floodplain. A majority of the reach will be relocated through the low point of the valley and will tie vertically into the downstream culvert to allow for a proper connection to the downstream reach MS -112. This design approach will promote more frequent over bank flooding in areas with hydric soils, thereby creating favorable conditions for wetland restoration (rehabilitation) and improving hydrologic function. The reach is severely incised and currently exhibits lateral instability as evidenced by active bank erosion and irregular meander geometry. This systemic degradation is causing excess stream bank sediments to enter the system and will likely continue, if restoration is not implemented, since the existing channel has vertical banks that are devoid of deep rooting vegetation, which have resulted from historic land use practices and recent development within the watershed. Water & Land Solutions Page 35 Buffalo Creek Tributaries Mitigation Project The reach will be restored as a Rosgen 'C4' stream type using appropriate riffle -pool morphology with conservative meander planform geometry that accommodates the flatter valley slope and width. This approach will allow restoration of a stable channel form with appropriate bedform diversity, as well as improved ecological function through increased aquatic and terrestrial habitats. It is anticipated that the design width/depth ratio for the channel will be similar to stable streams in this geologic setting. In - stream structures will be incorporated to control grade, dissipate flow energies, protect streambanks, and eliminate the potential for further bank erosion. In -stream structures will likely include constructed riffles for aquatic habitat and bedform diversity as well as log vanes for encouraging pool formation and bank stability. Riparian buffers in excess of 50 feet will be improved and protected along the entire length of MS -R1. Any mature trees or significant native vegetation will be protected and incorporated into the design. Bioengineering techniques, such as geolifts, toe wood, brush layers, and live stakes, will also be used to protect streambanks and promote woody vegetation growth along the streambanks. The existing unstable channel will be filled to an elevation sufficient to connect the new bankfull channel to its historic floodplain or an excavated floodplain using suitable fill material from the newly restored channel and remnant spoil piles. These proposed restoration activities will provide the maximum possible functional uplift. Any exotic species vegetation will be removed in this area, and native riparian species vegetation will be planted in the resulting disturbed areas. Finally, a water quality improvement feature is proposed along the left floodplain to capture, attenuate, and treat overland flow that is causing excess scour and sedimentation that is currently entering the riparian buffer as untreated water. MS -R2: Restoration MS -R2 continues downstream of MS -R1 below an existing culvert crossing. Work along MS -R2 will involve a Priority Level I Restoration by raising the bed elevation and reconnecting the degraded stream with its geomorphic floodplain. A majority of the reach will be relocated through the low point of the valley and will tie into the downstream bed elevation. This design approach will promote more frequent over bank flooding in areas with hydric soils, thereby creating favorable conditions for wetland restoration (rehabilitation) and improving hydrologic function. The reach condition for MS -R2 is similar to MS -R1, and currently exhibits lateral instability, as evidenced by active bank erosion, some channelization, and irregular meander geometry. This systemic degradation is causing excess stream bank sediments to enter the system and will likely continue, if restoration is not implemented, since the existing channel has vertical banks that are devoid of deep rooting vegetation, which have resulted from historic land use practices and recent development within the watershed. The reach will be restored as a Rosgen 'C4' stream type using appropriate riffle -pool morphology with conservative meander planform geometry that accommodates the flatter valley slope and width. This approach will allow restoration of a stable channel form with appropriate bedform diversity, as well as improved ecological function through increased aquatic and terrestrial habitats. It is anticipated that the design width/depth ratio for the channel will be similar to stable streams in this geologic setting. In - stream structures will be incorporated to control grade, dissipate flow energies, protect streambanks, and eliminate the potential for further bank erosion. In -stream structures will likely include constructed riffles for aquatic habitat and bedform diversity as well as log vanes for encouraging pool formation and bank stability. Page 36 4 Buffalo Creek Tributaries Mitigation Project Riparian buffers in excess of 50 feet will be improved and protected along the entire length of MS -R2. Any mature trees or significant native vegetation will be protected and incorporated into the design. Bioengineering techniques, such as geolifts, toe wood, brush layers, and live stakes, will also be used to protect streambanks and promote woody vegetation growth along the streambanks. The existing unstable channel will be filled to an elevation sufficient to connect the new bankfull channel to its historic floodplain, or an excavated floodplain will be constructed, using suitable fill material from the newly restored channel and remnant spoil piles. These proposed restoration activities will provide the maximum possible functional uplift. Any exotic species vegetation will be removed in this area and native riparian species vegetation will be planted in the resulting disturbed areas. Finally, two water quality improvement features are proposed along the right floodplain to capture, attenuate, and treat overland flow from adjacent farm fields to prevent future sediment and nutrient inputs from entering the riparian buffer. R3 (Upper): Preservation The upstream portion of R3 is an intermittent stream that is currently classified as a Rosgen 'C5b' stream type. Preservation is being proposed along this reach since the existing headwater stream and wetland system is mostly stable with a mature riparian buffer due to minimal historic impacts. The preservation area will be protected in perpetuity through a permanent conservation easement. Riparian buffers in excess of 50 feet will be protected along the entire length of R3. This approach will extend the wildlife corridor from the main stem floodplain boundary throughout a majority of the headwater valley, while providing a natural hydrologic connection and critical habitat linkage within the catchment area. R3 (Lower): Restoration Lower R3 is severely incised with bank height ratios (BHR) exceeding 3.0. Work along Lower R3 will involve a Priority Level I Restoration by raising the bed elevation and reconnecting the stream with its geomorphic floodplain. A majority of the channel will be restored in its current location to tie into MS -111. This approach will promote more frequent over bank flooding in areas with hydric soils, thereby creating favorable hydrologic conditions for wetland restoration (rehabilitation) across the floodplain. The reach currently exhibits lateral and vertical instability as evidenced by active bank erosion and headcuts. This degradation is causing excess sediments to enter the stream system and will likely continue, if restoration is not implemented, since the existing channel has vertical banks that are devoid of deep rooting vegetation, which have resulted from headcut migration and channel overwidening. The reach will be restored as a Rosgen 'C4b' stream type using appropriate step -pool morphology with a conservative meander planform geometry in the lower 100 feet that accommodates the valley slope and width. This approach will allow restoration of a stable channel form with appropriate bedform diversity, as well as improved ecological function through increased aquatic and terrestrial habitats. It is anticipated that the design width/depth ratio for the channel will be similar to stable headwater streams in this geologic setting. In -stream structures will be incorporated to control grade, dissipate flow energies, protect streambanks, and eliminate the potential for upstream channel incision. In -stream structures will most likely include constructed riffles for grade control and aquatic habitat, log j -hook vanes, and log and rock weirs for encouraging step -pool formation, bank stability, and bedform diversity. Bioengineering techniques, such as geolifts, toe wood, brush layers, and live stakes, will also be used to protect streambanks and promote woody vegetation growth along the streambanks. The existing Water & Land Solutions Page 37 Buffalo Creek Tributaries Mitigation Project unstable channel will be filled to an elevation sufficient to connect the new bankfull channel to its historic floodplain, or an excavated floodplain will be constructed, using suitable fill material from the newly restored channel and remnant spoil piles. These proposed restoration activities will provide the maximum possible functional uplift. Any exotic species vegetation will be removed in this area, and native riparian species vegetation will be planted in the resulting disturbed areas. R4: Enhancement Level I R4 is small ephemeral headwater tributary that begins at a stormwater outfall pipe within the upper catchment. Currently the existing channel has limited bank erosion and channel incision; however, the base flow is being detained by a stormwater BMP and has been redirected through a pipe culvert that discharges into the R5 catchment. Consequently, WLS proposes to modify the outlet of the described BMP and reroute the flow back into the natural stream valley. It is anticipated that over time the reach will reform a new stable channel on its own and maintain stability within the riparian corridor. These proposed enhancement activities will improve the natural flow regime and provide functional uplift. Riparian buffers in excess of 50 feet will be protected along the entire length of R4. Any mature trees or significant native vegetation will be protected and incorporated into the design. Any exotic species vegetation removed in this area will be planted with native riparian species vegetation in the resulting disturbed areas. R5 (Upper): Enhancement Level I Upper R5 begins at an existing stormwater outfall pipe. Due to the past manipulation and degraded conditions of upper R5, an Enhancement Level I approach is proposed for the reach to improve stream functions and water quality. The upstream portion of the reach is actively degrading and exhibits slight lateral and vertical instability, as shown by moderate bank erosion. Enhancement activities along upper R5 will involve slightly raising the bed elevation and providing an active floodplain. In -stream structures, such as log weirs and woody riffles will be used to dissipate flow energy, protect streambanks, and eliminate potential for future incision. Eroding channel banks will be graded to stable side slopes and bioengineering techniques such as geolifts and live stakes will also be used to protect streambanks and promote woody vegetation growth. This reach has experienced historic floodplain and flow alterations, but has mature woody buffer vegetation. Healthy mature trees or significant native vegetation will be protected and incorporated into the design. Riparian buffers of at least 50 feet wide will be protected along the entire reach. R5 (Lower): Restoration Lower R5 is severely incised with bank height ratios (BHR) exceeding 4.0. Work along lower R5 will involve a Priority Level I Restoration by raising the bed elevation and reconnecting the stream with its geomorphic floodplain. A majority of the channel will be restored in its current location to tie into MS -R2. This approach will promote more frequent over bank flooding in areas with hydric soils, thereby creating favorable hydrologic conditions for wetland restoration (rehabilitation) across the floodplain. The reach currently exhibits lateral and vertical instability as evidenced by active bank erosion and headcuts. This degradation is causing excess sediments to enter the stream system and will likely Page 38 4 Buffalo Creek Tributaries Mitigation Project continue, if restoration is not implemented, since the existing channel has vertical banks that are devoid of deep rooting vegetation, which have resulted from headcut migration and channel overwidening. The reach will be restored as a Rosgen 'C4b' stream type using appropriate step -pool morphology with a conservative meander planform geometry in the lower 200 feet that accommodates the valley slope and width. This approach will allow restoration of a stable channel form with appropriate bedform diversity, as well as improved ecological function through increased aquatic and terrestrial habitats. It is anticipated that the design width/depth ratio for the channel will be similar to stable headwater streams in this geologic setting. In -stream structures will be incorporated to control grade, dissipate flow energies, protect streambanks, and eliminate the potential for upstream channel incision. In -stream structures will most likely include constructed riffles for grade control and aquatic habitat, log j -hook vanes, and log and rock weirs for encouraging step -pool formation, bank stability, and bedform diversity. Bioengineering techniques, such as geolifts, toe wood, brush layers, and live stakes, will also be used to protect streambanks and promote woody vegetation growth along the streambanks. The existing unstable channel will be filled to an elevation sufficient to connect the new bankfull channel to its historic floodplain using suitable fill material from the newly restored channel and remnant spoil piles. These proposed restoration activities will provide the maximum possible functional uplift. Any exotic species vegetation will be removed in this area, and native riparian species vegetation will be planted in the resulting disturbed areas. R6 (Upper): Restoration The restoration of upper R6 will begin near the top of an existing farm pond. In this area, the existing channel begins experiencing backwater conditions from a man-made dam. The existing farm pond is approximately 0.3 acres in size and serves as a water source in support of the landowner's agricultural operation. The earthen dam will be removed, and the pond will be drained to reconnect the new stream channel with its geomorphic floodplain. If necessary, channel and floodplain excavation in this short reach segment will include the removal of shallow legacy sediments to accommodate a new design channel and in -stream structures, as well as a more natural step -pool morphology using grade control structures in the steeper transitional areas. This impounded reach has likely experienced some sedimentation of finer sandy/loam material, extensive floodplain alteration and spoil piling, and the removal of mature woody vegetation. Over time, the design approach will also promote a more natural flow regime and lotic conditions, thereby improving hydrologic function. Shallow vernal pools will be created in the floodplain to provide habitat diversity, nutrient cycling, and improved treatment of overland flows. Riparian buffers in excess of 50 feet will be restored and protected along the entire length of R6. Any mature trees or significant native vegetation will be protected and incorporated into the design. Bioengineering techniques, such as geolifts, toe wood, brush layers, and live stakes, will also be used to protect streambanks and promote woody vegetation growth along the streambanks. These proposed restoration activities will provide the maximum possible functional uplift. Any exotic species vegetation will be removed in this area, and native riparian species vegetation will be planted in the resulting disturbed areas. Finally, an agricultural BMP is proposed above R6 to capture, attenuate, and treat concentrated flow that would otherwise enter the riparian buffer as untreated water. The proposed Water & Land Solutions Page 39 Buffalo Creek Tributaries Mitigation Project improvements will reduce direct sediment and nutrient inputs and provide the maximum possible functional uplift. R6 (Lower): Enhancement Level II Work along lower R6 will involve Enhancement Level II practices to improve the current channel condition and aquatic function. The reach in this section is classified as a Rosgen '134' stream type. This area has been historically disturbed through agricultural and silvicultural practices, and the channel exhibits poor channel definition in some sections. However, the existing channel has limited bank erosion and channel incision before its confluence with MS -R2. Consequently, WLS proposes to stabilize isolated bank erosion and construction activities will consist of strategic mechanized removal of invasive species and regrading the stream banks back to the existing stable dimension, installing erosion control matting, and supplemental riparian buffer planting and live stakes. Any mature trees or significant native vegetation will be protected and incorporated into the design. Bioengineering techniques, such as geolifts, toe wood, brush layers, and live stakes, will also be used to protect streambanks and promote woody vegetation growth along the streambanks. Any exotic species vegetation will be removed in this area, and native riparian species vegetation will be planted in the resulting disturbed areas. Water Quality Improvement Features WLS plans to include water quality improvement features, along with agricultural BMPs, as practices or measures to be implemented as part of a comprehensive watershed restoration approach, as recommended under the Neuse 01 RWP. When implemented collectively along with stream, riparian buffer, and riparian wetland restoration, these water quality improvement features and agricultural BMPs can be effective at reducing pollutants, particularly sediment loadings, and therefore provide additional ecological uplift to the project. The proposed water quality improvement Photo shows an existing stormwater BMP that treats features include small impoundments or directsurface runoff before entering R5. Incorporating basins to treat agricultural runoff. The these features into the project will improve water agricultural BMPs that are best suited for use quality by reducing peak flow volumes, nutrient and at this project site include grassed waterways, sediment loads. which currently the landowner actively employs. Therefore, the continued use of grassed waterways and the addition of treatment basins will be employed under this project. Water quality improvement features in the form of treatment basins or impoundments will be designed and constructed to capture and treat runoff from the surrounding active agricultural fields before it reaches the restored riparian buffer corridor and stream channel. These features will increase infiltration Page 40 4 Buffalo Creek Tributaries Mitigation Project and groundwater recharge, diffuse flow energies, and allow nutrient uptake within the extended buffer area. The features will be excavated along non -jurisdictional or depressional areas where ephemeral drainages intersect with the proposed restored stream corridor. This strategy will allow these features to function properly with minimal risk and without long-term maintenance requirements. A stable outlet channel will be constructed to deliver runoff to the receiving restored project stream reach. Stream Crossings The location of the existing stream crossing is shown on the proposed figures located after Part 4. The proposed conservation easement is broken at the existing crossing location to best facilitate the landowner's use of the property. The stream crossing is currently culverted, and the pipe(s) will be analyzed to ensure proper hydraulic function and stream stability, as well as to promote aquatic passage. The proposed easement break will be 60 feet wide to accommodate and maintain needed property access. Conservation Easement Boundary Marking Immediately following site construction and planting, the conservation easement boundaries will be permanently marked and posted. All boundary marking, posting, and signage will be in accordance with the applicable DMS, NCSPO, and State of North Carolina standards. Restoration of Riparian Buffers Riparian buffers extending a minimum of 50 feet from the top of the streambanks will be restored, enhanced and protected along all project reaches. The proposed plant selection for stream buffer areas will include appropriate native species vegetation described by Schafale and Weakley (1990) and will adhere to the tolerances cited in WRP Technical Note VN -RS -4.1 (1997). The proposed natural vegetation community will include appropriate strata (canopy, understory, shrub, and herbaceous species) based on an appropriate reference community. Within each of the four strata, a variety of species will be planted to ensure an appropriate, diverse plant community as shown in the table below. Moderately -tolerant vegetation species can survive on soils that are saturated or flooded for several months during the growing season. Flood -tolerant vegetation species can survive on soils that are saturated or flooded for long, indefinite periods during the growing season (WRP, 1997). Vegetation species planted along the streambanks, floodplain, wetland areas, and upland areas will include a mixture of native species plants appropriate for the piedmont region, with the selection also based on expected wetness conditions. Site planting will be conducted at a density to achieve the vegetative success criteria described in Section 4.7. Table 4-2 Vegetation Planting Species Fraxinus pennsylvanica Green Ash Canopy Riparian Buffer FACW Betula nigra River Birch Canopy Riparian Buffer FACW Quercus pagoda Cherrybark Oak Canopy Riparian Buffer FACW Water & Land Solutions Page 41 Buffalo Creek Tributaries Mitigation Project Plantanus occidentalis American Sycamore Canopy Acer rubrum Red Maple Canopy Liriodendron tulipiferaj Tulip -poplar dL_ Canopy Quercus phellos Willow Oak Canopy Diospyros virginianrhersimmon =`Understory Carpinus caroliniana Ironwood Understory Hamamelis virginiana -Understory Salix nigra Black Willow Understory Asimina triloba ...ff Paw -Understory Cornus amomum Silky Dogwood Shrub Layer Alnus serrulata' Jjag Alder �Mhrub Layer Corylus americana Hazelnut Shrub Layer Salix Black Willow #=hruMW Chasmonthium River oats Herbaceous Layer latifolium Riparian Buffe'l FACW Riparian Buffer FAC Riparian Buffer FACU M Riparian Buffer FACW .Miparian Buffets Riparian Buffer FAC 'Miparian Buffer' Riparian Buffer OBL 'Wiparian Buffer) FAC Riparian Buffer FACW ,Miparian BuffeMM OBL A Riparian Buffer FACU 1Wiparia_tBuffeXN Riparian Buffer FACU Carex lurido . urid sedge F Herbaceous La—yW1111riparian Buffer. OBL Carex crinita Fringed sedge Herbaceous Layer Riparian Buffer OBL Andropogon virginicus ,groom sedge Ja Herbaceous Layrrtiparian Buffer Vernonia noveboracensis New York Ironweed Herbaceous Layer Riparian Buffer FACW Herbaceous' Andropogon glomeratus Bushy bluestem Herbaceous Layer Riparian Buffer FACW Eutrochium fistulosumll Herbaceous LayM=iparian Buffe=r WLS utilizes a successful planting strategy that includes early successional, as well as climax species. The vegetation selections will be mixed throughout the project planting areas so that the early successional species will give way to climax species as they mature over time. The early successional species which have proven successful include river birch, green ash, and sycamore. The climax species that have proven successful include red maple and tulip poplar. The understory and shrub layer species are all considered to be climax species in the riparian buffer community. WLS recognizes that riparian buffer conditions at mature reference sites are not reflected at planted or successional buffer sites until the woody species being to establish and compete with herbaceous vegetation. To account for this, a riparian buffer planting strategy that includes a combination of overstory and understory species, planted at a density of 680 stems per acre, is typically utilized. WLS will also consider, via prescription in the mitigation plan, the revegetation and supplemental planting of larger and older planting stock to modify species density and type. This consideration will be utilized particularly to increase the rate of buffer establishment and buffer species variety, as well as to decrease the planting/application costs. Examples might include selective supplemental planting of older mast producing species as potted stock in later years for increase survivability. This technique can be effective as it avoids sun scald common with bare root planting at initial revegetation. During the project implementation, invasive species exotic vegetation will be treated both to control its presence and reduce its spread within the conservation easement areas. These efforts will aid in the establishment of native riparian vegetation species within the restored riparian buffer areas. Page 42 4 Restoration of Riparian Wetlands Degraded riparian wetlands were found along the floodplains of the project tributaries. These areas containing hydric soils properties total approximately 5.4 acres (See Figure 7), and conditions are favorable for restoring these poorly functioning wetlands. The predominant wetland vegetation communities are largely absent or not considered reference quality in areas proposed for restoration and/or enhancement. Buffalo Creek Tributaries Mitigation Project On-site investigations of the soils within the project area were conducted on September 6t", 2017 by �n j, h '` �x" t licensed soil scientist (LSS), Wyatt Brown, LSS, with Brown's Environmental Group (BEG) (See Hydric Photo of hand auger soil boring located in the Soils Investigation in the Appendices). The findings project floodplain showing typical hydric soil were based on hand -turned auger borings and properties. indicate the presence of hydric soils along the floodplains of R3 (lower), MS -111, the lower end of R4, MS - R2, R5 (lower), and the lower end of R6 (lower). The hydric soils status is based upon the "Hydric Soils of the United States — A Guide for Identifying and Delineating Hydric Soils" (Version 7.0, 2010). The soils within the project area were categorized as "Hydric", "Non -Hydric over Hydric", and "Non -Hydric" in the hydric soils investigation. BEG noted that these Hydric Soil Units have been manipulated by a combination of past agricultural and silvicultural land uses. As such, combining hydraulic stream modifications with limited overburden soil removal, if needed, qualifies the Hydric Soil Unit as a candidate for Wetland Restoration (Re- establishment/Rehabilitation) and/or Enhancement. After conducting multiple site visits over the last two consecutive years, WLS concluded these areas have experienced seasonal wetness for prolonged periods and conditions are favorable to support wetland hydrology. Wetland Rehabilitation Based on BEGS' findings, conditions are favorable for rehabilitating areas of degraded riparian wetlands. Riparian wetland rehabilitation will involve improving current hydrologic conditions across the geomorphic floodplain. It is expected that, as a direct result of implementing Priority Level I stream restoration, limited overburden soil removal (less than 1 foot of depth), and revegetation, most, if not all of the historic wetland functions will be lifted and restored. A natural overbank flooding regime will be restored throughout the area by restoring the appropriate bankfull channel geometry and stream pattern, and by raising the stream bed elevation to reconnect the channel to its historic floodplain. Wetland rehabilitation is typically awarded at a 1.5:1 credit ratio, and WLS is proposing 2.3 riparian wetland mitigation credits (WMCs) in these areas (See Figure 10). Wetland Enhancement The overall restoration approaches will improve the hyporheic zone interaction and both biological and chemical processes associated with aquatic functions of the stream and wetlands. These activities, including minimal grading and blending of microtopography, will provide significant functional uplift Water & Land Solutions Page 43 Buffalo Creek Tributaries Mitigation Project across the project area. Where possible, any existing wetland areas will be avoided by keeping proposed restoration and construction activities away from the wetland boundaries. In some areas, disturbance of the existing wetlands may be unavoidable to restore a stable and fully functioning wetland and riparian system. Restoration of a stable stream system requires that the new channel be restored to the lowest part of the valley, which may result in a temporary disturbance of an existing wetland through the area. However, restoration of the stream channel will also provide restoration and enhancement to the areas of adjacent wetlands through higher water table conditions (elevated stream profile) and a more frequent over -bank flooding regime. These wetland enhancement areas within the conservation easement will be planted with native wet tolerant species and protected in perpetuity against cattle intrusion. In some areas of the site, the existing streams have been channelized or relocated to the toe of the hillslope. As a result, many toe -of -slope seepage wetlands that may have existed on the site have been drained and lost. Restoring stream channels within the natural topography and adjacent floodplain crenulations will also reconnect many of these small seepage and seasonally saturated wetlands when the channelized stream segments are filled in as part of the proposed restoration practices. Native riparian vegetation species will be established throughout the restored stream and wetland complexes. Wetland enhancement is typically awarded at a 2:1 credit ratio, and WLS is proposing 0.4 riparian wetland mitigation credits (WMCs) in these areas (See Figure 10). Expected Pollutant Reduction WLS utilized the United States Environmental Protection Agency (EPA) Region 5 Model to quantify how the proposed project can reduce pollutant loads into Buffalo Creek and the Neuse River Watershed. The Region 5 Model was developed for the EPA (Michigan Department of Environmental Quality, 1999) and is used throughout the United States to determine sediment and nutrient load reductions from the implementation of urban and agricultural BMPs, including, but not limited to, vegetated filter strips, wetland detention, and bank stabilization/stream restoration. Model inputs include eroded streambank length, streambank height, lateral recession rates, soil weight, and BMP type/efficiency applicable to the agricultural piedmont area. The project reaches were estimated individually to demonstrate the maximum ecological uplift. The summary of total annual pollutant loadings and removal estimates are shown in the table below. Table 4-3 Total Annual Pollutant Loadings and Removal Estimates MS -R1, 4,838 3,115 285.8 1,700.7 211.6 228.0, 1,340.0, 211.6, MS -112, 79.8% 78.8% 49.5% R3, R4, R5, R6, R7 Note 1: Soil Texture Class is predominantly fine sandy loam. Note 2: Average Bank heights in scour areas ranged 2 to 3 feet. Note 3: Lateral Recession Rates (ft/yr) ranged from slight category (0.01 to 0.05) to severe (0.06 to 0.20) Note 4: Agricultural BMP input used for streambank stabilization/restoration. Page 44 Buffalo Creek Tributaries Mitigation Project WLS understands that pollutant load reduction performance standards may not be specifically required for this project, however, we are interested in developing more function -based goals and quantifying how the proposed project could reduce pollutant loads into the Buffalo Creek Watershed. Although the model data and calculations are empirically based and contain a degree of uncertainty, they are intended to be used as basic planning tool. Inherently, there are certain assumptions and limitations that must be considered when refining model inputs and evaluating the results. For example, water quality calculations and sediment loading are highly dependent on actual BMP efficiencies, sophisticated algorithms, regression analysis, and not calibrated field measurements. However, all studies reviewed by WLS conclude that stream restoration will significantly reduce pollutant loads, including sediment and nutrients. Furthermore, the reductions are comparable to those commonly accepted for the restoration of riparian buffers as referenced above. Functional Uplift Potential Developing specific goals and objectives based on the resource condition and functional capacity of the watershed is a critical path for implementing a successful restoration project. WLS will utilize the Stream Functions Pyramid (Harman et al, 2012) to better define the project goals and objectives by linking them to stream functions. Function -based parameters and measurement methods will be evaluated using the Stream Functional Lift Quantification Tool (SQT) to help assess the existing stream conditions, determine restoration potential and identify risks associated with the project site. The SQT is a qualitative and quantitative resource used to describe the function -based condition of each project reach, as well as evaluate functional capacity and predict the overall proposed lift (Harman and Jones, 2016). WLS will apply the SQT to help further define goals and objectives based on the restoration potential. The results of this assessment will help determine the highest level of restoration that can be achieved based on site constraints and existing conditions. The Pyramid Framework includes performance standards associated with the function -based assessments and measurement methods described above. The performance standards are used to determine the functional capacity and are stratified into three types: Functioning, Functioning -at -Risk, and Not Functioning (Harman and Jones, 2016). After the function -based assessment is completed, the restoration potential will be determined to better define the Project design goals and objectives. It is common for restoration projects to occur at a reach scale that provide significant functional lift of Level 2 and 3 parameters. However, to achieve goals in Levels 4 and 5, a combination of reach scale restoration and upstream watershed health must be measurable and sustainable. It is expected that the implementation of this project will significantly reduce pollutant loads, including sediment and nutrients, improving overall aquatic functions. Given the landscape position and catchment size, WLS expects that restoration activities will likely provide functional lift within the physicochemical and biological functional categories. Therefore, post -restoration efforts may include monitoring physicochemical and biological conditions to document any improvements and/or identify trends during the monitoring period. In their current conditions, the project stream reaches are highly degraded as a result of past channelization, land use disturbance, and agricultural and silvicultural practices. The maximum possible ecological or functional uplift will be achieved by: • Restoring and permanently protecting the stream, riparian wetland, and riparian buffer functions of a direct headwater system to the Buffalo Creek Watershed. Water & Land Solutions Page 45 Buffalo Creek Tributaries Mitigation Project • Providing stable channel forms to reduce streambank erosion and sedimentation. • Restoring riparian wetlands along the project stream reaches. • Restoring and enhancing riparian wetland and riparian buffer vegetation to promote native species establishment, improve vegetation densities, filter flood flows and runoff, and to improve riparian buffer habitat value. • Providing improved floodplain connection to dissipate flood energies, filter storm flows, and promote sediment and debris deposition on the floodplains and streambanks. • Restoring diverse aquatic and terrestrial habitats that are appropriate for the ecoregion and landscape setting. • Restoring and extending wildlife corridors that connect to existing wooded areas and natural communities at the periphery of the project site. It should be mentioned that not all parameters and performance standards may be compared or required to determine project success and stream mitigation credit and debit scenarios. However, selecting applicable monitoring and evaluation methods will help develop a more function -based assessment and improve our project implementation process, thereby advancing the practice of ecosystem restoration. 4.4 Proposed Mitigation This technical proposal describes in detail the proposed stream mitigation approaches for the Buffalo Creek Tributaries Mitigation Project. The project will include restoration, enhancement, and preservation along 4,838 linear feet of existing streams. Two technical options are being presented under this proposal to DMS for procuring mitigation credits from this proposed project. The proposed Technical Option 1 has the potential to provide 4,073 stream mitigation credits (SMCs). The proposed Technical Option 2 has the potential to provide 3,784 stream mitigation credits (SMCs). In addition, both proposed technical options will also include riparian wetland restoration to produce 2.7 Riparian Wetland Mitigation Credits (WMCs) through wetland rehabilitation and enhancement approaches. The stream mitigation credits proposed for contract are presented below in the Proposed Mitigation Credit Summary Tables. Any additional mitigation credits developed within the conservation easement areas beyond the contracted amounts or types will be available to DMS as part of the proposed project. Table 4-4 Proposed Mitigation Credit Summary Stream Restoration (PI) 1,340 1:1 1,340 Stream Restoration (PI) 108 1:1 108 Stream Preservation 430 10:1 43 ' Stream Enhancement Level 1 429 1.5:1 286 Stream Enhancement Level 1 512 1.5:1 341 Stream Restoration (PI) 215 1:1 215 Page 46 4 Stream Restoration (PI) Stream Enhancement Level II Buffalo Creek Tributaries Mitigation Project EEZIMM Wetland Rehabilitation 2.2 1.5:1 1.4 EEZIMM Wetland Rehabilitation L— 0.9 Wetland Enhancement 0.8 2:1 0.4 Stream Restoration (PI) ream Restor Stream Restoration (PI) • • K Stream Preservation • •00 Stream Enhancement Level I • W Stream Restoration • • Stream Restoration (PI) • Stream Enhancement Level II 1,497 1:1 1,497 ■■ 1:1 108 1:1 108 512 1.5:1 MINE 341 00�10 200 1:1 NEW 200 NN'43 Wetland Rehabilitation 2.2 1.5:1 1.4 Water & Land Solutions Page 47 Buffalo Creek Tributaries Mitigation Project 4.5 Current Ownership and Long Term Protection WLS proposes to transfer a conservation easement to the State of North Carolina for this project. The conveyance of the conservation easement will serve as the legal mechanism that will be used to provide Long -Term Protection of the mitigation site. WLS has secured an option to purchase a conservation easement from the landowners of the properties to comprise the Buffalo Creek Tributaries Mitigation Project. The option agreement for each involved project parcel has been executed and will be recorded with the Johnston County Register of Deeds and is valid for a period of at least six (6) months from the closing date of this RFP. A copy of each Memorandum of Option to Purchase Conservation Easement agreement is provided in the appendices, and summarized in the table below. The option agreements described above allow WLS to proceed with the project and to restrict the land use in perpetuity through a permanent conservation easement. WLS is prepared to close on the project conservation easements after contract award by DMS and will subsequently provide, at any time, copies of the recorded deeds of easement, titles, surveys, and associated mapping. Table 4-5 Current Land Ownership 179100-39-9802 Annie Laura G. Johnson September 14, 2017 24 months 47.36 Revocable Trust, Annie Laura G. Johnson, Trustee 179100-59-0695 Annie Laura G. Johnson September 14, 2017 24 months 24.76 Revocable Trust, Annie Laura G. Johnson, Trustee 179100-48-5465 Markham Living Trust, September 18, 2017 12 months 58.3 John W. Markham, III, Trustee; Bettie I. Markham Estate, Sandra Markham Tedder, Executrix The property owner that owns the majority of the easement property for the Buffalo Creek Tributaries Mitigation Project grew up, worked and live in the community where the project is located. The project property is currently used primarily for silvicultural and agricultural production. The landowners have a strong desire to improve their land and protect it in perpetuity. As a result of the development the implementation of the three current full -delivery projects (Lake Wendell Mitigation Project, Pen -Dell Mitigation Project, and Edwards -Johnson Mitigation Project), the majority landowner's interests in future mitigation projects has grown. Specifically, this project landowner desires to implement additional mitigation projects (this project and the Odell's House Mitigation Project) on their adjacent and nearby properties as a stewardship and water quality improvement endeavor. This action will help to fortify a comprehensive watershed approach with regards to maximizing ecological uplift on all the of the Buffalo Creek headwater tributaries that are on the subject properties. Page 48 4 Buffalo Creek Tributaries Mitigation Project 4.6 Project Phasing WLS staff have extensive stream restoration experience, and understand the most current requirements and standards applicable to mitigation projects. As a result, WLS is in a strong position to implement this project in a timely and effective manner. Upon project contract execution, WLS will follow the project schedule shown in Table 4-7, as required under this RFP. Table 4-6 Project Phasing Task 1. Categorical Exclusion Document Task 2. Submit Recorded Conservation Easement on the Site Task 3. Mitigation Plan (Final Draft) and Financial Assurance Task 4. Mitigation Site Earthwork Completed Task 5. Mitigation Site Planting and Installation of Monitoring Devices Task 6. Baseline Monitoring Reporting (Including As -built Drawings) Task 7. Submit Monitoring Report #1 to DMS (meets success criteria) Task 8. Submit Monitoring Report #2 to DMS (meets success criteria) Task 9. Submit Monitoring Report #3 to DMS (meets success criteria) Task 10. Submit Monitoring Report #4 to DMS (meets success criteria) Task 11. Submit Monitoring Report #5 to DMS (meets success criteria) Task 12. Submit Monitoring Report #6 to DMS (meets success criteria) Task 13. Submit Monitoring Report #7 to DMS and complete Project Closeout Process (meets success criteria) 4.7 Success Criteria 3 months April 1, 2018 7 months August 1, 2018 12 months January 1, 2019 1 year, 8 months September 1, 2019 1 year, 11 months December 1, 2019 2 years, 0 months January 1, 2020 2 years, 11 months November 30, 2020 I 3 years, 11 months November 30, 2021 4 years, 11 months November 30, 2022 5 years, 11 months November 30, 2023 6 years, 11 months November 30, 2024 , 7 years, 11 months November 30, 2025 8 years, 11 months November 30, 2026 WLS staff have obtained regulatory approval for numerous stream and wetland mitigation projects (Permittee Responsible and both NCDOT and DMS full -delivery projects). The stream and wetland restoration design and applied success criteria for the project will follow necessary performance standards and monitoring protocols presented in the approved mitigation plan, developed in compliance with the DMS Stream and Wetland Mitigation Plan Template Guidance, adopted August 2016, as well as the USACE Water & Land Solutions Page 49 Buffalo Creek Tributaries Mitigation Project Stream Mitigation Guidelines issued in April 2003 and Compensatory Mitigation for Losses of Aquatic Resources; Final Rule, issued in 2008. In addition, the monitoring success criteria, practices, and corresponding reporting will follow the NCEEP Stream and Wetland Mitigation Monitoring Guidelines issued February, 2014, the NCDEQ DMS As -built Baseline Monitoring Report Format, Data Requirements, and Content Guidance issued in June, 2017, the NCDEQ DMS Annual Monitoring Report Format, Data Requirements, and Content Guidance, issued June, 2017, the NCDEQ DMS Closeout Report Template, Version 2.2, adopted January, 2016, and the NCEEP Closeout Template Guidance, Version 2.1, adopted February, 2015. Monitoring activities will be conducted for a period of five to seven years with the final duration dependent upon performance trends toward achieving project goals and objectives. An early closure provision may be requested by WLS for some or all the monitoring components, understanding that early closure may only be obtained through written approval from the regulatory agencies. Specific success criteria components are presented below. Stream Restoration and Enhancement Level I Success Criteria Stream Hydrology: Two separate bankfull events must be documented within the seven-year monitoring period. These two bankfull events must occur in separate years. Otherwise, the stream monitoring will continue until two bankfull events have been documented in separate years. In addition to the two bankfull flow events, two "geomorphically significant" flow events (Qgs=0.66Q2) must also be documented during the monitoring period. There are no temporal requirements regarding the distribution of the geomorphically significant flows. Bank Height Ratio: Bank Height Ratio (BHR) shall not exceed 1.2 —1.5 along the restored project reaches. This standard only applies to the restored project reaches where BHRs were corrected through design and construction. Entrenchment Ratio: Entrenchment ratio (ER) shall be no less than 2.2 (>1.5 for "B" stream types) along the restored project stream reaches. This standard only applies to restored reaches of the channel where ERs were corrected through design and construction. Cross -Sections: Cross-sections along representative meander wavelengths of the project stream reach(es) will be monitored for seven years, with monitoring events occurring at a minimum during Years 1, 3, 5, and 7. There should be little change expected from the as -built restoration cross-sections. If measurable changes do occur, they should be evaluated to determine if the changes represent a movement toward a more unstable condition (e.g., downcutting, erosion) or a movement towards increased stability (e.g., settling, vegetation establishment, deposition along the streambanks, decrease in width/depth ratio). Cross-sections shall be classified using the Rosgen Stream Classification method and all monitored cross- sections should fall within the quantitative parameters defined for channels of the design stream type. Longitudinal Profiles: Longitudinal profiles will be developed to document the as -built conditions of the Restoration and Enhancement Level I project stream reaches. Observed bedforms should be consistent with those observed for channels of the design stream type(s). Additional longitudinal profiles may be required if problems are identified during monitoring. Page 50 4 Buffalo Creek Tributaries Mitigation Project Visual Assessment: Visual monitoring of the project will include representative photographic documentation and will be conducted annually for each of the seven years of monitoring. The visual monitoring will be used to support the development of the Current Conditions Plan View (CCPV) and tables that organize the visual assessment metrics. Visual assessment will be conducted to monitor streambed and streambank stability, condition of in -stream structures, horizontal stream channel migration, headcuts, live stakes and other bioengineering vegetation mortality, impacts from invasive species plants and/or from animals, and condition of pools and riffles. This visual monitoring will also include assessment of riparian buffer conditions. Photographs will be used to subjectively document, compare, and analyze stream channel aggradation or degradation, streambank erosion, success of riparian vegetation establishment, and effectiveness of sedimentation and erosion control measures. Longitudinal project reach photos should document the absence of developing bars within the stream channel or excessive increase in channel depth or width. Lateral project reach photos should document the absence of excessive erosion and the lack of continuing degradation of the streambanks. Comparison of a series of the successional visual assessment photos taken over time should demonstrate maturation of the restored riparian vegetation. Stream Enhancement Level II Success Criteria Success criteria for Enhancement Level II of the project stream reaches will follow the success criteria for Visual Monitoring/Photo Reference Stations and Vegetative Success Criteria as outlined herein. Wetland Restoration Success Criteria Hydrology: For each normal year within the monitoring period, the restored wetland areas at the site must be inundated or saturated for a certain hydroperiod. The objective is for the monitoring data to show that the site exhibits an increased frequency of flooding. Groundwater levels will be compared to pre - restoration conditions and reference conditions. The success criteria for riparian wetland hydrology will be met when the site is saturated within 12 inches of the soil surface for a minimum percentage of the growing season or consecutive days during a period when antecedent precipitation has been normal or drier than normal for a minimum frequency of 5 years in 10 (USACE, 2005 and 2010). Per current regulatory guidance, the targeted hydroperiod must meet a minimum of 5 percent or twelve (12) days and may be up to 12 percent, or twenty-seven (27) days, which will be based on the range of wetness conditions for the type of wetland system to be restored and comparable hydrology of a nearby reference wetland site. WETS tables for the applicable county will be utilized to determine normal precipitation. At the discretion of the regulatory agencies, the site may be found to meet hydrologic success criteria on the basis of comparison to the monitoring data collected at the site with monitoring data collected at an established reference site that was previously approved by NCDMS and the regulatory agencies. However, if a normal year of precipitation does not occur during the first seven years of monitoring, WLS will continue to monitor hydrology at the site until we document that the site has been inundated or saturated for the appropriate hydroperiod. In the event that there are years of normal precipitation during the monitoring period, and the data for those years do not show that the site had been inundated or saturated for the appropriate hydroperiod during the normal precipitation year, the regulatory agencies may require remedial action. WLS will take required remedial action and continue to monitor hydrology at the site until we demonstrate that the site has been inundated or saturated for the appropriate hydroperiod. Water & Land Solutions Page 51 Buffalo Creek Tributaries Mitigation Project Wetland Reference Site: Existing jurisdictional wetland areas maybe available at the project site or nearby and will be used to provide a hydrologic reference to compare wetland restoration areas. If the rainfall data for any given years during the monitoring period are not normal and if the desired hydrology for the project site is not on a trajectory to achieve success, then the reference data will be assessed to determine if there is a positive correlation between the under performance of the project site and the natural hydrology of the reference site(s) Visual Monitoring/Photo Reference Data: Photographs from permanent reference stations will be used to visually document wetland vegetation and system performance and identify areas of low stem density, invasive species vegetation, beaver activity, or other areas of concern. Vegetation Success Criteria Specific and measurable success criteria for restored plant density at the project site will be based on the recommendations presented in the Wetland Reserve Program (WRP) Technical Note and WLS's recent experience and correspondence with review agencies on DMS full -delivery projects. Measures of vegetative restoration success for the project during the intermediate monitoring years will be the survival of at least 320, three-year-old planted trees per acre at the end of Year 3 of the monitoring period and at least 260, five-year-old, planted trees per acre at the end of Year 5 of the monitoring period. The final vegetative restoration success criteria will be achieving a density of not less than 210, seven-year-old planted stems per acre in Year 7 of monitoring. A listing of preferred woody vegetation species to be planted at the site is provided in Part 4.3. Method of Reporting on Success Criteria In accordance with the approved mitigation plan, the baseline monitoring document and as -built monitoring report documenting the stream and wetland mitigation will be developed within 60 days of the completion of planting and monitoring device installation at the restored project site. In addition, a period of at least six months will separate the as -built baseline measurements and the first year monitoring measurements. The baseline monitoring document and as -built monitoring report will include all information required by the current NCDMS templates and guidance referenced above, including planimetric (plan view) and elevation (profile view) information, photographs, sampling plot locations, a descriptions of initial vegetation species composition by community type, and location of monitoring stations. The report will include a list of the vegetation species planted, along with the associated planting densities. The monitoring program will be implemented to document development of the stream and wetland systems and the progress toward achieving the success criteria referenced above. Monitoring activities will be conducted such that at least 180 days will separate the completion of the initial vegetation planting and the initiation of first year monitoring. Stream morphology, stream hydrology, wetland hydrology, as well as vegetation, will be assessed to document the success of the implemented mitigation. The monitoring program will be followed for seven years or until final success criteria are achieved, whichever is longer. For Enhancement Level II stream reaches, the monitoring will be limited to reference photographs and assessment of vegetation survival. Annual monitoring reports will be prepared in the fall of each monitoring year and will be submitted to DMS by the November 30 deadline for each monitoring year. The monitoring reports will follow the current Page 52 4 Buffalo Creek Tributaries Mitigation Project DMS monitoring report guidance and templates, as specified under this RFP, and referenced above, and will include: 1. A detailed narrative summarizing the condition of the restored project site and the all regular maintenance activities. 2. Project background information. 3. As -built topographic maps showing location of vegetation sampling plots, monitoring gages, permanent photo points, and location of transects. 4. CCPV map including monitoring features and any areas of concern or problem areas notes during monitoring. 5. Photographs showing views of the restored project site taken from the fixed photopoint stations. 6. Geomorphic and stream sediment data. 7. Hydrologic data. 8. Vegetation data, as described below. 9. Any geomorphic, hydrologic or vegetative problem areas. 10. A description of and areas of damage caused by animals or vandalism. 11. Wildlife observations. Stream Monitoring The stream mitigation success criteria are defined above. Hydrologic Monitoring: The hydrologic success criteria are defined above under Stream Hydrology for streams. Photo Reference Stations: Photographs will be used to visually document restoration success. The restored project site will be photographed annually from the photo reference stations for at least five years following construction. The reference photos will be taken once per year and will be taken from a consistent height of approximately five to six feet above grade. Permanent makers will be established for each photo reference station to ensure that the reference photos will be taken each year from the same locations and view directions. Stream Hydrology and Floodplain Access: The occurrence of geomorphically significant events, bankfull events, and floodplain access by flood flows during the monitoring period will be documented using crest gages and photographs. The crest gages will be installed on the floodplain of and across the dimension of the restored channels as needed for monitoring. The crest gages will record the watermark associated with the highest flood stage between monitoring site visits. The gages will be checked each time WLS staff conduct a site visit to determine if a bankfull and/or geomorphically significant flow event has occurred since the previous gage check. Photographs will be used to documents the occurrence of debris lines, wracking, and sediment deposition on the floodplain during the monitoring site visits. Cross -Sections: Representative meander wavelengths will be selected for each Restoration and Enhancement Level I project stream reach that has specific design criteria. Two permanent riffle cross- sections and two permanent pool cross-sections will be located along the selected meander wavelength. Each of the cross-sections will be monumented on both streambanks to facilitate repetition each year. The annual cross-section surveys will include points measured at all breaks in slope, including top of bank, bankfull, inner berm, edge of water, and thalweg, for each of the said features that are present. Riffle Water & Land Solutions Page 53 Buffalo Creek Tributaries Mitigation Project cross-sections will be classified using the Rosgen Stream Classification system. Bank pin arrays will only be installed and utilized if warranted for the monitoring of lateral erosion at cross-sections occurring in meander bends, typically at pools. Lateral Reference Photos: Reference photos will be taken annually from the same locations and orientations at each permanent cross-section. Photographs will be taken of both streambanks at each cross-section. A survey tape stretched between the permanent cross-section monuments/pins will be centered in each of the streambank photographs. The photographs will be taken such that the waterline will be oriented in the lower edge of the frame and as much of the streambank as possible will be included in each photo. Structure Photos: Photographs will be taken annually at representative in -stream structures, typically grade control structures, along the restored project stream reaches. The in -stream structure photographs will be taken from consistent locations and orientation each year. Wetland Mitigation Monitoring The wetland mitigation success criteria are defined above. Hydrology: Groundwater monitoring gages will be installed and monitored year-round in the wetland mitigation areas to document hydrologic conditions of the restored wetland area. Gages will be downloaded at least quarterly. The groundwater monitoring wells will be installed to evaluate hydrology during each growing season for seven years of hydrologic monitoring, or until success criteria have been met, whichever occurs later. Groundwater monitoring will follow USACE standard methods found in the WRP Technical Notes ERDC TN -WRAP -00-02, (July 2000). In order to determine if the rainfall amount is normal for the given year, a rainfall gage will be installed at the site to document precipitation amounts. To meet the hydrologic success criteria, the monitoring data must show that for each normal year within the monitoring period, the site has been inundated or saturated for the targeted hydroperiod. The targeted hydroperiod will be based on the type of wetland system to be restored, reference site hydrology, and the hydrologic modeling of the restored site conditions as described in the success criteria. WETS tables for the appropriate county will be utilized to determine normal precipitation. Wetland Visual Monitoring/Photo Reference Stations: Visual monitoring of the restored wetland areas will be conducted annually. Photographs will be used to visually document wetland vegetation and system performance and to identify areas of low stem density, invasive species vegetation, beaver activity, or other areas of concern. Reference stations will be photographed annually for each of the required monitoring years following construction. Photographs will be taken from a height of approximately five to six feet. Permanent markers will be established to ensure that the same location and view direction on the site are documented in each monitoring period. Vegetation Monitoring The vegetation monitoring success criteria are defined above. Monitoring will be conducted during Years 1, 3, 5, and 7. Successful restoration of the vegetation at a mitigation site is dependent upon successful hydrologic restoration, active planting of preferred canopy vegetation species, and volunteer regeneration of the native plant community. To determine if these criteria are successfully achieved, vegetation monitoring quadrants will be established across the restored project site, and monitored as required by Page 54 4 Buffalo Creek Tributaries Mitigation Project DMS monitoring guidance as reference above. Vegetation monitoring will be conducted in the fall of each monitoring year. Data will be collected at each individual quadrant and will include specific data for monitored stems on height, species, date planted, and grid location, as well as a collective determination of the survival density within that quadrant. Relative values will be calculated and importance values will be determined. Individual planted seedlings will be marked at monitoring baseline setup so that those stems can be found and identified consistently each successive monitoring year. Volunteer species will be noted and their inclusion in quadrant data will be evaluated with DMS on a case-by-case basis. The presence of invasive species vegetation within the monitoring quadrants will also be noted, as will any wildlife effects. At the end of the first growing season, species composition, density, and survival will be evaluated. For each subsequent monitoring year, the restored site will be evaluated between July and September, until the final success criteria are achieved. Additional Water Quality and Biological Monitoring Water Quality Sampling: Based on preliminary model estimates, and in conjunction with results from other referenced studies, WLS expects that implementation of this project will significantly reduce pollutant loads in the watershed. As appropriate, WLS will coordinate with the DMS and NCIRT to document water chemistry and water quality improvements directly related to sediment, and nutrient reductions. The water quality sampling should be conducted prior to construction to establish and document baseline conditions. After completion of construction, samples should be collected and analyzed concurrent with the monitoring baseline activities. Sampling locations and protocols should be repeatable with the specific intent of documenting nutrient reductions directly attributable to the implementation of the project. For example, samples may be collected periodically during base flow levels and after storm events to measure water chemistry parameters such as Total Suspended Solids (TSS), NO2/3, NH4, Total Phosphorus (TP), pH, Temperature, Conductivity, Dissolved Oxygen (DO), and Percent Saturation. WLS anticipates sampling along the project reaches using industry standard equipment, accepted evaluation methodologies and protocols, as approved by DMS and Photo illustrates benthic macroin vertebrate species found along MS -R1. the NCIRT. eenthic Macroin vertebrates and Fish Sampling: In addition to the water quality sampling described above, the WLS team will also consider performing a multi- metric sampling of benthic macro invertebrates collected in each restored perennial reach and up to two reference reaches, all within the project watershed. The sampling methods and procedures will follow those defined by NCDWR's "Standard Operating Procedures for eenthic Macroinvertebrates" Qual-4 Methodology (NCDWQ, 2012). We anticipate that the overall benthos community in the project area will improve as a result of the proposed restoration activities. Water & Land Solutions Page 55 Buffalo Creek Tributaries Mitigation Project The proposed sampling should include a pre -(baseline) and post -restoration sampling comparison as well as a sampling comparison, with up to two reference reaches, during the appropriate sampling window for small streams (i.e. April -June during normal flow conditions). WLS could also use this information as data point for comparison and demonstrate improved water quality function and bioclassifi cation rating. The sampling activities should include the appropriate macroinvertebrate community (BMI) metrics in each comparison to help determine a water quality rating and ecological condition. WLS will also collect other field observations of both terrestrial and aquatic habitat based on the NCDWR "Standard Operating Procedure Biological Monitoring —Stream Fish Community Assessment Program" (NDWR, 2013) and "EPA Rapid Bioassessment Protocol) (USEPA, 1999). This data includes observed fish species/assemblages, barriers to aquatic life movement, riparian buffer condition, embeddedness, bank erosion, algae, shade, riffle composition, etc. This information will be summarized in the monitoring report and submitted during the appropriate years throughout the monitoring period. WLS understands that this additional monitoring may not be required to demonstrate project success for credit determination, asset release and regulatory closeout. However, collecting and analyzing additional monitoring data aligns with the overall goals and objectives of the project. We believe selecting applicable monitoring and evaluation methods will help develop a more function -based assessment and improve our project implementation process, thereby contributing positively to the advancement of the practice of ecosystem restoration. Remedial Actions In the event that specific component(s) of the restored project site fails to achieve the defined monitoring success criteria, WLS will develop necessary adaptive management plans and/or will implement appropriate remedial actions for the site in coordination with DMS and the review agencies. Appropriate remedial action will be developed to achieve the necessary success criteria previously specified, and will include a work schedule, strategy, and monitoring criteria that will consider physical and climatic conditions. 4.8 Quality Control WLS takes pride in the quality of our products and the satisfaction of our customers and clientele. To reach this high standard of quality, we have developed a system to ensure that reports, other deliverables and products are developed to meet agreed-upon standards and requirements in a timely fashion. This system involves three aspects: work plan, communications plan, and quality management plan. Work Plan The project manager will develop a work breakdown structure that outlines the tasks needed to produce the final deliverables. These tasks are further divided into subtasks that will be scheduled and executed individually to comply with the schedule set forth in the previous section. The work breakdown structure allows the project manager to estimate the time and resources required to complete the work. The work breakdown structure also allows the project manager to identify the proper staff to work on each subtask. The staffing plan ensures that key staff are aware of and committed to duties and deadlines associated with their respective tasks. Page 56 4 Buffalo Creek Tributaries Mitigation Project Communications Plan The project manager will also develop a communications plan that facilitates productive and efficient communication pathways between the various project partners and staff members. Team members will know who to contact for various aspects and when those communications need to occur. Regular, planned communications are important to decrease schedule delays, avoid duplication of efforts, and to allow time to correct any errors that may arise. Quality Management Plan The quality management plan clearly identifies the standards set forth by DMS and describes how the project manager and team members will meet or exceed these standards. The plan details quality objectives, key project deliverables, quality roles and responsibilities, and the process for identifying and rectifying non -conformances. The quality management plan helps the project manager determine if processes are being followed and products are being produced to the highest standards. These three aspects of quality control will ensure that all aspects of this project are delivered according to the schedule established herein. The Quality Management Plan for this project will establish and document various quality assurance reviews to cross-examine all engineering and design methods, to set forth document preparation and delivery methods and activities, and to ensure that all deliverables are technically sound, follow DMS formats, contain all required information, and are grammatically and typographically correct, and are delivered on schedule. Reviews will include: Peer Reviews Staff who are independent of a respective subtask will perform peer reviews. The objective of these reviews will be to assess the product versus DMS's requirements, spot check key values, verify completeness and clarity, and to determine if the design meets sound engineering practice. Deliverable Reviews The project manager and a member of the company leadership team will review the entire submission for overall presentation, format uniformity, consistency, and completeness. Constructability Reviews All members of the WLS leadership team have extensive experience in construction oversight. At least one member of the leadership team will perform constructability reviews relative to scope, schedule, and acceptability. Results of the constructability review will be incorporated into the design to optimize work and material used during construction, and to ensure the project is completed in compliance with required federal, state, or local permits. During the construction phase of the project, the WLS Project Manager will be responsible for oversight of construction activities. This will involve checking the contractor's adherence to schedule, design documents, making decisions regarding field changes, and checking compliance with federal, state, and local permits. Water & Land Solutions Page 57 m Legend i0 Catchment Area: 543 acres '1 0 Conservation Easement Impervious Cover: 12.5% Catchment 1: 543 acres �- : Dominant Land Use: Agriculture (22% pasture/crops) Forest (64% deciduous/evergreen/mixed) and Open Water (1.5% ponds) 10 300 - 9 �` • 11 `(` ' •1312 • itky Cem 00 t 'A i� �,c 7` Flowers Quadrangle 01 500 1000 _ . � � �IL , North Carolina -Johnston Co. _ Feet ? • • �'1 Copyright:© 2013 Nartional Geog�aphic5ocfety, i-cubed USGS FIGURE WATER & LAND Buffalo Creek Tributaries Topographic SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane 2 North Carolina FIPS 3200 FT US Legend 0 Conservation Easement — Existing Stream Soil Map Units (NRCS Data from Web Soil Survey) CoB: Cowarts loamy sand, 2-6% slopes DoA: Dorian fine sandy loam, 0-2% slopes, rarely flooded 0 GeB: Gilead sandy loam, 2-8% slopes GeD: Gilead sandy loam, 8-15% slopes _ Ly: Lynchburg sandy loam, 0-2% slopes (Hydric B) MaB: Marlboro sandy loam, 2-8% slopes UcB: Uchee loamy coarse sand, 2-6% slopes UcC: Uchee loamy coarse sand, 6-12% slopes W: Water WoB: Wedowee sandy loam, 2-8% slopes WoD: Wedowee sandy loam, 8-15% slopes Wt: Wehadkee loam, 0-2% slopes, frequently flooded (Hydric A) MS -R1 LUTT R4 L R5 (lower) \woD,,— UCC � R3 (upper) GeB DoA w CoB - R5 (upper) DoA GeB r R6 (upper) MaB MS -R2 R6 (lower) GeB 500 1;UU1 EIF obe, GeoE IoGRID, IG FIGURE WATER & LAND Buffalo Creek Tributaries NRCS SOLUTIONS Mitigation Project Soils Map 3 NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend Conservation Easement NC Floodplain Mapping Program LiDAR Window Size: 6.000 Elevation 363.397 - 1741.29 330.946 - 363.397 ■ 308.944 - 330.946 ■ 297.757 - 308.944 ■ 287.537 - 297.757 ■ 277.736 - 287.537 ■ 267.224 - 277.736 253.891 - 267.224 206.85 - 253.891 4iWATER &LAND SOLUTIONS p f ryli i" 1�"tS y 2)ya J � - fa 1,000 Feet - ource Esri, -Di i4allobe, GeoEye, EarthstarGeographics, CNE I D' U� DA, U'GS, AeroGRID, IGN, and,the GI- User Communit FIGURE Buffalo Creek Tributaries LiDAR Map Mitigation Project NAD 1983 2011 State Plane 4 North Carolina FIPS 3200 FT US Legend AF Conservation Easement .. t r M,. K Source: Johnston County Soil & Water Conservation r-7 ♦j , 1 - N f 0 500 11000 _ Feet { ource. ES I,, DigitalGlobe, GeoEye, Earthshar Geographies, CNE /Airbus DS, USDA, USGS;, AeroGRID, IGN, and the GIS User Communit, FIGURE WATER & LAND Buffalo Creek Tributaries 1965 Aerial Photograph /a SOLUTIONS Mitigation Project Q NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend 0 Conservation Easement Source: Google Earth Pro t 010 i -Y ` Source. Esri, DRIM, IGlob e, GeoEye, Ear$hr4ar Geographies, CNES%Airbus DS; USDA, USGS, AeroGRID, IGN, and the GIS User Communit, FIGURE WATER & LAND Buffalo Creek Tributaries 1999 Aerial SOLUTIONS Mitigation Project Photograph 6b NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend Conservation Easement 7—' hiE=--' • WATER & LAND SOLUTIONS t 000 ,`. FIGURE Buffalo Creek Tributaries 2004 Aerial Mitigation Project Photograph 6c NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Google Earth Pro T�.l� • WATER & LAND SOLUTIONS t 000 ,`. FIGURE Buffalo Creek Tributaries 2004 Aerial Mitigation Project Photograph 6c NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US • c ^ .:� . r YfF!" � 'T r of '�1�. Legend r. Source: Google Earth Pro Conservation Easement y��;� '�` K�`J�`-. � �� ,�• *�w , � ."� Wit',;; - 41 �"�� ��r ~ • aRp.. y �� ' ,� • lam+ ,2�r y- �;� - e �' ° 44 y M, > n •''.'•'�.;N�<.11 ' ••� 'ter + �w�Arh�� � •� � s` r r•,tw', � t' � < ', r 1 ^' rt �,�� v�'•SL �j�f�nY�'-_•rti�t �r. h' r<J� i - �_ -..qsi,. • :!! kyr,-�i�tr'sdb'. ' ''� ��� ��� r�'yZ: � .,�`.. •� . � • % � 7" �'�'n=�� � L.,;,iNi j rill ~ . ,�, , � � i � � r �•a a rat st+.+�j, i.. r .wM .;'r �;+,`,tk*._-►�:1��:�''Y�!'` `•'=•. -, `moi •f K' .-, 't��i�'�'M� •t' ,� , ►� yit •V f� ,J�+, ` hi�r�.� r .►'.tea rn. 0 9s 500 1,000 •* `� ^ ;wt ''� •/ ,�.. yf ` Feet DigitalGlobe,GeoEye, Earthstar Geographies, CNE /Airbu•s r DS, USDA, USGS, AeroGRID, IGN, and bhe GIS User CommuFit FIGURE WATER & LAND Buffalo Creek Tributaries 2008 Aerial SOLUTIONS Mitigation Project Photograph 6d NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US \N Legend 4 r__1 Proposed Conservation Easement R6 (upper) Cross Sections — Existing Stream R6 (lower) R3 (upper) . MS R1 MR4 -� R5 (lower) ; R5 (upper) MS -R2 Channel Stability & FIGURE WATER & LAND Buffalo Creek Tributaries Pre -Monitoring SOLUTIONS Mitigation Project Features NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Channel Incision and Stream Bank Erosion Existing Stream Not Incised Slightly Incised Severely Incised BHR @ Cross- Bank Scour Mass R3 (lower) Reach ID Length (ft) (BHR "1.0) (BHR = 1.1-1.3) (BHR >1.5) section % Wasting MS -R1 1,497 10% 90% 2.3, 1.8 60-70% 30-40% MS -R2 1,340 20% 80% 1.6 50-60% 20-30% R3 (lower) 108 100% 3.7 60-70% 30-40% R3 (upper) 430 90% 10% 1.0 5-10% 0-5% R4 429 10% 40% 50% 1.1 0-5% 0% R5 (upper) 512 1 20% 1 60% 1 20% 1 1.8 1 30-40% 1 10-20% R5 (lower) 215 100% 4.8 60-70% 80-90% R6 (upper) 200 N/A N/A N/A N/A N/A N/A R6 (lower) 107 10% 60% 30% 1.3 20-30% 0-5% Note: The percentages shown were estimated for both streambanks combined. Approx. 100' along upper R6 was ponded/backwater conditions, therefore channel geometry was not estimated along the entire reach length. \N Legend 4 r__1 Proposed Conservation Easement R6 (upper) Cross Sections — Existing Stream R6 (lower) R3 (upper) . MS R1 MR4 -� R5 (lower) ; R5 (upper) MS -R2 Channel Stability & FIGURE WATER & LAND Buffalo Creek Tributaries Pre -Monitoring SOLUTIONS Mitigation Project Features NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend 117-1 Conservation Easement Water Quality Stressors Excess Sediment and NutrieJInputs O*At� A-1 Water Quality and Habitat Stressors Existing Stream Livestock Reach ID Length (ft) Access Narrow Buffer (< 30') Buffer (> 30') Nutrient and Sediment Input! MS -R1 1,497 0% 0% 100% 100% MS -R2 1,340 0% 0% 100% 100% R3 (lower) 108 0% 0% 100% 100% R3 (upper) 430 0% 0% 100% 30% R4 429 0% 0% 100% 10% (upper) 512 0% 0% 100% 30% —R5 RS (lower) 215 0% 0% 100% 100% (upper) 200 1 0% 0% 1 100% 1 100% —R6 R6 (lower) 107 1 0% 0% 1 100% 1 100% Note: The percentages shown were estimated far both streambanks combined. Approx. 100' along upper R6 was ponded/backwater conditions, therefore channel geometry was not estimated along the entire reach W ,. i R6 (upper) R6 (lower) R3 (lower) ' R3 (upper) MR. I- V%W-7 M :.F R4 l R5 (lower) MS -R2 R5 (upper) FIGURE WATER & LAND Buffalo Creek Tributaries water Quality SOLUTIONS Mitigation Project Stressors 9 NAD 1983 2011 State Plane North Carolina FIPS 3200 FT US Legend ti r-1 Conservation Easement Water Quality Improvement Features Mitigaton Types Restoration (P1) Enhancement I Enhancement II R3 (lower) P s MS -R1 reservation Riparian Wetland Restoration 0 Wetland Enhancement 0 Wetland Rehabilitation Option 1- Mitigation Credit Summary Stream Stream Total Stream Stream Stream Enhancement Enhancement Mitigation Credits Restoration Preservation Level Level 11 SMCs 3,360 627 43 43 4,073 Total Riparian Riparian Riparian Riparian Wetland Wetland Re- Wetland Wetland Mitigation Credits establishment Rehabilitation Enhancement (WMCs) 2.7 0.0 2.3 0.4 Option 2- Mitigation Credit Summary Stream Stream Total Stream Stream Stream Enhancement Enhancement Mitigation Credits Restoration Preservation Level Level 11 (SMCS) 3,360 341 43 40 3,784 Riparian Riparian Riparian Total Riparian Wetland Wetland Re- Wetland Wetland Mitigation Credits W2 establishment Rehabilitation Enhancement (WMCs) 2.7 0.0 2.3 0.4 R6 (upper) ` R6 (lower) 1116. \_■1� 500 R3 (upper) L , r i W1 R4 R5 (lower)16 • e: R5 (upper) FIGURE WATER & LAND Buffalo Creek Tributaries Proposed SOLUTIONS Mitigation Project Mitigation Features NAD 1983 2011 State Plane 10 North Carolina FIPS 3200 FT US RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT A: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor's responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the State reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non- compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the State, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the State. 5. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT A: INSTRUCTIONS TO VENDORS; and (5) Vendor's Proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration. 8. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following: • All copies of the proposal are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post -consumer content of 30%. • Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non -recyclable or non - reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three -ringed binders, glued materials, paper clips, and staples are acceptable. • Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. 9. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 10. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. The "Principal Place of Business" is defined as that principal place from which the trade or business of the Vendor is directed or managed. Ver: 9/30/16 Page 25 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC 11. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 12. PROTEST PROCEDURES: When a Vendor wishes to protest a Contract resulting from this solicitation that is awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party's claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. 13. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. 14. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the State concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor's proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this RFP. Vendors not in compliance with this provision may be disqualified, at the option of the State, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 15. TABULATIONS: Proposal tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter the proposal number, and then search. Tabulations will normally be available at this website not later than one working day after the proposal opening. Lengthy or complex tabulations may be summarized, with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 16. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP) allows Vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website https://www.ips.state.nc.us/. 17. WITHDRAWAL OF PROPOSAL: a Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendor's letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 18. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the State during the competitive process or after award. The State is bound only by information provided in this RFP and in formal Addenda issued through IPS. Ver: 9/30/16 Page 26 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC 19. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor's sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred prior to award. 20. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 21. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself. 22. INSPECTION AT VENDOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. This Space is Intentionally Left Blank Ver: 9/30/16 Page 27 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS PERFORMANCE AND DEFAULT: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event and subject to all other provisions of this contract, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive compensation for units actually produced, if any, in an amount determined by reducing the total amount due had the full number of Units been produced pro rata, such that the ratio of the final compensation actually paid to the original total amount due in accordance with Attachment C (as amended, if applicable) is equal to the ratio of the Units actually generated to the total Units identified in Attachment C. Notwithstanding any other provision in this agreement, Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of this contract, and the State may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from such breach can be determined. The State reserves the right to require at any time a performance bond or other acceptable alternative guarantees from a successful Vendor without expense to the State. In case of default by the Vendor, the State may procure the services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Vendor under this contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate this contract for cause, and may act to debar the Vendor from doing future business with the State 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the goods or services offered prior to their delivery, it shall be the responsibility of the Vendor to notify, in writing, the Contract Lead at once, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in this contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a. G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media -assisted, media -facilitated, or media -solicited means. By execution of the proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. b. All agencies participating in this Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c. Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. SITUS: The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 6. GOVERNING LAWS: This Contract is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules. 7. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, Ver: 9/30/16 Page 28 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. 8. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. 9. INTELLECTUAL PROPERTY INDEMNITY: Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or unpatented invention, articles, device or appliance delivered in connection with this contract. 10. ADVERTISING: Vendor agrees not to use the existence of this Contract or the name of the State of North Carolina as part of any commercial advertising or marketing of products or services. A Vendor may inquire whether the State is willing to act as a reference by providing factual information directly to other prospective customers. 11. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency's internal auditors shall have access to persons and records related to this Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 12. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the State may: a. Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check. In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported assignment made in violation of this provision shall be void and a material breach of this Contract. 13. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a. Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Vendor's employees who are engaged in any work under the Contract. If any work is sub -contracted, the Vendor shall require the sub -Contractor to provide the same coverage for any of his employees engaged in any work under the Contract. b. Commercial General LiabilitV - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) C. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned Ver: 9/30/16 Page 29 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC vehicles, used in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of this Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor's liability and obligations under the Contract. 14. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of Vendor goods or services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract. 15. INDEPENDENT CONTRACTOR: Vendor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Vendor represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such employees shall not be employees of, or have any individual contractual relationship with the State. 16. KEY PERSONNEL: Vendor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the State's assigned Contract Lead. The individuals designated as key personnel for purposes of this contract are those specified in the RFP and persons identified in Vendor's proposal. 17. SUBCONTRACTING: Work proposed to be performed under this contract by the Vendor or its employees shall not be subcontracted without prior written approval of the State's assigned Contract Administrator. Unless otherwise indicated, acceptance of a Vendor's proposal shall include approval to use the subcontractor(s) that have been specified therein in accordance with paragraph 20 of Attachment A: Instructions to Vendor. 18. TERMINATION FOR CONVENIENCE: The State may terminate this contract at any time by providing _ days' notice in writing from the State to the Vendor. In that event, all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the State, become its property. If the contract is terminated by the State as provided in this section, the State shall pay for services satisfactorily completed by the Vendor, less any payment or compensation previously made. 19. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under this contract shall be kept as confidential, used only for the purpose(s) required to perform this contract and not divulged or made available to any individual or organization without the prior written approval of the State. 20. CARE OF PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any property furnished it by the State for use in connection with the performance of this contract or purchased by or for the State for this contract, and Vendor will reimburse the State for loss or damage of such property while in Vendor's custody. 21. PROPERTY RIGHTS: All deliverable items and materials produced for or as a result of this contract shall become the property of the State, and Vendor hereby assigns all ownership rights in such deliverables, including all intellectual property rights, to the State; provided, however, that as to any preexisting works imbedded in such deliverables, Vendor hereby grants the State a fully -paid, perpetual license to copy, distribute and adapt the preexisting works. Ver: 9/30/16 Page 30 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC 22. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to relocate or outsource any portion of the work to a location outside the United States, or to contract with a subcontractor for the performance of any work, which subcontractor and nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained from the State agency responsible for the contract. Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing services under a State contract to a location outside of the United States. 23. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 24. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any addenda thereto, and the Vendor's proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 25. AMENDMENTS: This contract may be amended only by a written amendment duly executed by the State and the Vendor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office. 26. WAIVER: The failure to enforce or the waiver by the State of any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance. 27. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 28. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in this contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity that otherwise would be available to the State under applicable law. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Ver: 9/30/16 Page 31 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? ❑ YES ❑X NO If the Vendor answered "YES" above, Vendor must complete items 1 and 2 below: List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub -Contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub -Contractors that will perform work outside the U.S.: b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub -Contractors of the Vendor, or other persons ❑X YES ❑ NO performing services under the Contract outside of the United States NOTE: All Vendor or sub -Contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. c) Identify all U.S. locations at which performance will occur: Raleigh, NC; Clayton, NC; Weaverville, NC; Hillsborough, NC; Durham, NC; Charlottesville, VA ; (All locations USA) This Space is Intentionally Left Blank Ver: 9/30/16 Page 33 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: Water & Land Solutions, LLC The undersigned hereby certifies that: [check all applicable boxes] ❑X The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: June 01, 2015 ® The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. ❑X The Vendor is current in all amounts due for payments of federal and state taxes and required employment-related contributions and withholdings. ❑X The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. ® The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract. ® He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This is a continuing certification and Vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein. If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason in the space below: Signature nate William Scott Hunt, III Vendor's Representative Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver: 9/30/16 Page 34 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT F: ADDITIONAL VENDOR INFORMATION VENDOR'S INFORMATION Vendors Primary Contact (or Project Manager) Name: William Scott Hunt III Agency: Water & Land Solutions LLC Title: Vendor's Representative Address: 11030 Raven Ridge Road, Suite 119 City: Raleigh State/ Zip: NC/27614 Telephone: 919-614-5111 Fax: N/A Email: scott waterlandsolutions.com Vendors Execution Address (Where the contractshould be mailed forsignature) Name: William Scott Hunt III Agency: Water & Land Solutions LLC Title: Vendor's Representative Address: 11030 Raven Ride Road Suite 119 City: Raleigh State/ Zip: NC/27614 Telephone: 919-614-5111 Fax: N/A Email: scott waterlandsolutions.com Vendors Payment (Remit -To) Address (Where the checks should be mailed) (This address should agree with the "Remit -To" address associated with the Vendor's Tax ID. This information must be verified with the Vendor's Corporate Accounting Office) Name: William Scott Hunt III Agency: Water & Land Solutions, LLC Title: Vice President of Operations Address: 11030 Raven Ride Road Suite 119 City: Raleigh State/ Zip: NC/27614 Telephone: 919-614-5111 Fax: N/A Email: scott waterlandsolutions.com Ver: 9/30/16 Page 35 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT G: CERTIFICATION OF ELIGIBILITY -IRAN DIVESTMENT ACT CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act As provided in G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 et seq.* requires that each Vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the Vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the Vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification. Vendor: Water & Land Solutions, L By: 44%� — Signature William Scott Hunt, III Printed Name September 21, 2017 Date Vendor's Representative Title The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act- Resources.aspx, which will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814-3852. * Note: Enacted by Session Law 2015-118 as G.S. 143C-55 et seq., but renumbered for codification at the direction of the Revisor of Statutes Ver: 9/30/16 Page 36 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT H: TARGETED LOCAL WATERSHED MAPS Neuse 03020201 Full Delivery RFP Targeted Watersheds for Cataloging Unit 03020201 HUC # LWP RWP HUC# LWP RWP 03020201010030 No No 03020201100040 No Yes 03020201010050 No No 03020201100050 No Yes 03020201020010 No No 03020201110010 Yes Yes 03020201020020 No No 03020201110020 Yes Yes 03020201020040 No No 03020201110030* No Yes 03020201030030 No No 03020201110040 No Yes 03020201030020 No No 03020201110050 No Yes 03020201030040 No No 03020201110060* No Yes 03020201030050 No No 03020201110070 No Yes 03020201040020 No No 03020201120010 No Yes 03020201050010 Yes No 03020201120020 No Yes 03020201050020 Yes No 03020201120030 No Yes 03020201050030 Yes No 03020201130030 No No 03020201060010 Yes No 03020201140010 No No 03020201060020 No No 03020201150010 No No 03020201065030 No No 03020201150020 No No 03020201065040 No No 03020201150040 No No 03020201070060 No No 03020201150050 No No 03020201070070 No No 03020201160010 No No 03020201070080 No No 03020201180010 No No 03020201070110 No No 03020201180020 Yes Yes 03020201090010 No No 03020201180030* No Yes 03020201100010 Yes Yes 03020201180040* No Yes 03020201100020 Yes Yes 03020201180050 Yes Yes 03020201100030 Yes Yes 03020201200030 No No *Targeted Resource Areas (Habitat) Ver: 9/30/16 Page 37 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT H: TARGETED LOCAL WATERSHED MAPS Targeted Watersheds for Neuse 03020201 PA'S r- .f N.VC]tLN VANCL Ck I� Lake Rogers +.It.1 I I. 3� �f lriltiva,,5:ry � LWP 020010 1005- 020020 040020, f - i 02004 03003002Q 060020 k[.IN rr+ 030 .- 030040 300 FR o Wake/Johnston Ellerbe w o , ' ` Collaborative LWP �t Creek LWP 065030 070070 180010 h Little Lick - Creek LWP I ; :,,, 080M., -- ` 7011 _ r ar A F, 1 + r Lick Creek'oaaolo. 1 F LWP Upper Swift 120010 100 180040 - `- Creek LWP 0 120020 10060 �o - % 120030 i r 130030 140010 � Legend 150010 150020 200030 . Regional Watershed Plan CatalogingUnit150050 14 -Digit Hydrologic Unit 150040 Target Local Watersheds f Targeted Resource Area (Habitat) Local Watershed Plans 1 _ Municipal Boundary 0 5 10 20 Miles Ver: 9/30/16 Page 38 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET Important Notes/Guidance 1. Projects MUST be located within DMS Targeted Local Watersheds within Neuse 03020201. Projects located within Local Watershed Planning (LWP) or Regional Watershed Plan (RWP) HUCs may receive additional points,as noted in Section 1.0 of this Technical Proposal Rating Form (or "scoresheet"). 2. Questions in sections 1 through 4 are required and MUST be addressed in the proposal. BONUS questions in Section 5 (after the required section) may receive additional points, but will NOT disqualify a Provider's proposal if unanswered or not applicable. Bonus questions can add up to 7 points to the total score. Technical Proposal Evaluation Criteria Neuse 03020201 Rating Form Offeror: Water & Land Solutions, LLC Site Name: Buffalo Creek Tributaries Mitigation Project River Basin / Catalog Unit: Neuse River Basin/Cataloging Unit 03020201 RFP Number: 16-007279 Date of Site Evaluation: Type/Amt of Mitigation Offered: Proposal Review Committee: Alternate Attendees: Overall Merit (Proposal Screening) Yes/No or N/A 1 -For stream mitigation projects, does the Technical Proposal adequately document the historical presence of stream(s) on the project site, and provide the drainage areas (acres) and provide accurate, process -based descriptions of all project stream Yes reaches and tributaries? 2 -For proposals that include wetland mitigation, does the technical proposal adequately document the presence of hydric soil indicators (including soil boring logs prepared by a Licensed Soil Scientist and a map showing soil boring locations and mapped soil Yes series)? 3 -For proposals that include wetland mitigation, does the proposed success hydroperiod exceed the 5% minimum and is it appropriate for the project site and soil series? If the proposed hydroperiod differs from the 2016 IRT guidance, justification Yes must be provided in the RFP. 4 -Does the proposal adequately document the physical, chemical and/or biological impairments that currently exist on the Yes project site? 5 -Does DMS agree with the overall mitigation approach (proposed levels of intervention) presented? [The Technical Proposal must demonstrate that the proposed mitigation activities are appropriate for existing site conditions and watershed Yes characteristics (e.g., adjacent land use/land cover), and are optimized to yield maximum functional gains.] 6 -Does DMS agree with the proposed credit structure(s) described in the proposal? Yes 7 -Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams? Yes 8 -Does the proposal adequately describe how the project will advance DMS watershed planning goals? Yes 9 -For any proposed Priority II restoration, are all the following elements included in the proposal OR is Priority 2 stream restoration limited to "tie-ins" (designed tributary confluences)? - Floodplain bench grading will extend a minimum 1.5 bankfull widths beyond the stream belt -width (no meanderingfloodplains — see Diagram below). Yes -The floodplain will be over -excavated to accommodate replacement of topsoil. -The design and construction oversight will ensure the management of topsoil to include the harvest and segregated stockpiling of A and B soil horizons for placement on excavated floodplain features. -The slopes between the outer edge of floodplain grading and the terrace will be a minimum of 5:1. Note: An answer of No in this section means the Technical Proposal is rejected. Continue Continue or Reject? Ver: 9/30/16 Page 39 of 44 RFP Number: 16-007279 VnnArw- \A/Ater R I and Rnliitinnc I I C: 200 Diagram for Priority 11 Question Above. Prieriey 11 flecd Plain bench 16O eradme b -d— m�n�m oms 100 1 `Y 50 ,P.O. 10 r.�224.6. 1449,3.1 .0 O �i - } 100 20 foot channelwidth -150 30 foot benchwidlh(1.S times <hannelwid[hl beyondthe betlwidth. .200 O 100 200 300 400 900 Section 1.0 - Watershed Module [40 Points Possible] REQUIRED Projects Located outside of LWP or RWP 1 For proposed projects located outside of a Local Watershed Plan (LWP) or Regional Watershed Plan (RWP) area -- but within another targeted HUC (TLW, TRA) -- to what extent does the project support the CU -wide watershed improvement goals? The following are CU -wide and TLW goals: 1 -reduce & control sediment inputs; 2 - reduce & manage nutrient inputs; 3 - augment designated Significant Natural Heritage Areas ; 4 - Contribute to protection of or improvements to a Water Supply Waterbody. [Provider must describe specific elements/features of the current site conditions and proposed project design that will contribute substantially to meeting these goals.] ct addresses fewer than 2 Roals 1 point Project addresses 3 of 4 goals 5 points Project addresses 4 of 4 goals 10 points N/A 2 For projects located within a LWP, does the proposed project address watershed planning priorities identified in Findings and Recommendations Summary? These prioritieis include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --provides & improves instream habitat; 4 --provides & improves terrestrial habitat; 5-- improves stream and bank stability; 6 --improves hydrologic function; 7 --improves rare species habitat. To receive points, Provider must describe in detail how the proposed Project addresses fewer than 2 priorities 1 point Project addresses 2 to 3 of 7 of priorities. 5 points ct addresses 4 to 5 of 7 priorities. 15 points Project addresses 6 to 7 of 7 priorities 20 points n the N/A For projects located within the RWP, does the proposed project address watershed planning priorities identified in the Preliminary Findings Report? These priorities include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --improves stream and bank stability; 4 --improves hydrologic function; 5 --improves riparian buffer condition. To receive points, Provider must describe in detail how the proposed project will contribute significantly to addressing identified stressors. ct addresses fewer than 2 priorities 1 point Project addresses 2 of 5 of priorities. 5 points lProject addresses 3 to 4 of 5 priorities. 15 points Project addresses 5 of 5 priorities. 20 points 20 Ver: 9/30/16 Page 40 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC Section 2.0 - Uplift Potential Module [120 Points Possible] REQUIRED Stream (SMUs) Focus 1 What is the proportion of significant, obvious incision (BHR > "'1.5)? Less than 50% of the proposed footage exhibits significant, obvious incision. 1 point 50-75% of the proposed footage exhibits significant, obvious incision. 5 points 5 >75% of the proposed footage exhibits significant, obvious incision. 15 points 2 What is the proportion of the existing condition proposed for treatment indicative of active bank erosion? Active bank erosion includes surficial scour (distinguished from bare banks), hyraulic and mechanical bank failures. Less than 20% active erosion. 1 point 20-50% active erosion. 5 points >50% active erosion. 15 points 15 3 What is the dominant buffer vegetation condition? Small woody Vegetation >30 feet in width (shrub, early successional trees). 1 point 1 Small woody vegetation <30 feet in width or an herbaceous dominated condition; or mature trees are scattered and sparse within the proposed boundary (the proposed reach treatments could take place with minimal impacts to mature trees). 5 points No buffer vegetation, maintained cover, or grazed pasture; or impervious cover proposed for removal. 15 points 4 What is the percent of proposed easement length actively subject to water quality stressors that will be addressed by the project? [stressors within or immediately adjacent to easement may include pasture with direct livestock access, livestock exclusion but with poorly managed crossings, hydrologic bypass of buffers (e.g. the drains, discharge outfalls, hydrologic connections to livestock wallows or CAFO ponds), stormwater outfalls, adjacent row crops, maintained vegetation, or impervious surfaces within 30 feet of proposed easement boundary] Proportion of affected length less than 50%. 1 point Proportion of affected length 50-75%. 5 points Proportion of affected length >75%. 15 points 15 The following multiplier is included to prevent a bias against stream projects that include appropriate levels of enhancement. TOTAL STREAM SMU FOCUS POINTS 36 Ratio of Total LF to SMUs: 1.2 SECTION 2 (Streams) TOTAL = Stream SMU focus total x Ratio of Total LF to SMUs(not to exceed 60 points) 43.2 Ver: 9/30/16 Page 41 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC Wetland (WMUs) Focus 1 What level of (negative) impact on water quality does the current land use within and immediately adjacent to the proposed easement have on the project (i.e., impervious surfaces, nutrient inputs, sediment inputs, or other land disturbing activities)? Low (little to no evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 1 point 5 Moderate (evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system, i.e. ). 5 points High to Very High [direct and excessive evidence of nutrient, fecal coliform and/or sediment input. 15 points 2 For proposed wetland restoration/rehabilitation projects: existing condition of predominant wetland vegetation community. [Predominant means covering >50% of the area proposed for restoration and/or enhancement.] Wetland vegetation is present but is not reference quality. 1 point Wetland vegetation is present but is managed to prevent appropriate wetland community. 5 points 5 Wetland vegetation is absent. 15 points 3 Confidence in existing wetland hydrologic condition and uplift potential. Hydrologic modifications to wetlands are described, but their location and extent are not clearly depicted. 1 point Hydrologic modifications to wetlands are described, and the effects and extents are clearly defined. 10 points 5 Hydrologic modifications to wetlands are described, and the effects and extent are clearly defined and are supported with field data and/or modeled results. 15 points 4 Confidence in wetland hydroperiod for performance criteria. Success hydroperiods are based on a thorough modeling effort of the site such that a pre/post water budget is estimated and is 5 appropriate for the setting and landscape position. 5 points Success hydroperiods are based on a thorough modeling effort of the site such that a pre/post water budget is estimated and is appropriate for the setting and landscape position, AND modeled results are supported with local reference gauge data. 15 points Ver: 9/30/16 Page 42 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC Section 3.0- Implementation and Risk Module [35 Points Possible] REQUIRED 1 Does the proposed stream project provide Less than 25% of the RFP request (mitigation quantities?) 1 point 1 Between 25 - 50% of the RFP re uest? 2 points Between 51- 90% of the RFP request? 5 points Greater than 90% of the RFP request? 10 points 2 Does the proposed wetland project provide Less than 15% of the RFP request (mitigation quantities?) 1 point 1 Between 15 - 25% of the RFP request? 2 points Between 26 - 50% of the RFP request? 5 points Greater than 50% of the RFP request? 10 points 3 Physical constraints or barriers (i.e. utilities, culverts, property lines, easements, managed areas, etc.) that affect project design and effectiveness. [Percentages calculated based upon adding total linear footage of crossings, roadways, utilities, >10 % of the total project footage is segmented by 5-10 % of the total project footage is segmented by < 5% of the total project footage is segmented by 10 Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints Section 4.0 - Provider Experience [15 Points Possible] REQUIRED 1 Similar mitigation projects completed by the Offeror (through at least 3 years of monitoring). Completed less than 5 mitigation projects. 2 points 2 Completed more than 5 mitigation projects. 5 points 2 1 Experience of Project Team (people actually completing work) Project team contains at least two individuals with mitigation experience specific to project evaluation, All of the above and at least two projects brought to successful regulatory closure with the Interagency Review Team (IRT). 10 points 10 REQUIRED SECTIONS TOTAL 107.2 Ver: 9/30/16 Page 43 of 44 RFP Number: 16-007279 Vendor: Water & Land Solutions, LLC Section 5.0 - Bonus Module (7 points possible) 1 �ls the proposed project located within a priority subwatershed within the LWP or RWP area?. 1 point 2 Does the proposal implement all or part of a project identified within the LWP or RWP Project Atlas? 1 point 3 For projects Located within or outside LWP (but still in a designated TLW): Does the project's conceptual design include one or more structural BMPs (other than livestock exclusion fencing and alternate watering) within or immediately upstream of the project easement such that nutrient and/or sediment inputs or hydraulic stresses from outside the project easement are more effectively addressed? [In rural subwatersheds, this would be agricultural BMPs; in urban/suburban watersheds, this would be stormwater BMPs.] The BMP locations and types should be clearly identified on a map figure in the proposal. 1 point. 1 4 Project each (es) are on or confluent to (directly discharge to) an impaired stream or waterbody. Impaired waters include those that are 303d listed (Category 5) or Category 4 waters, per the most recent Integrated Report (provided online by NC DWR). 1 point 5 Proposed project is on or drains to WS -classified reach(es) within a Water Supply watershed, as designated by NC DWR. 1 point 7 Ability to connect adjacent (having a common boundary with) natural habitats and extend wildlife corridors. 1 point 8 Proposed project boundaries are directly contiguous to (have a common boundary with) another protected property. Proposed project easement shares at least one boundary with a conservation easement that is not used for mitigation. 1 point Proposed project easement shares at least one boundary with another mitigation property (DMS project or approved Mitigation Bank site) with a permanent easement. 2 points 9 For stream or buffer mitigation projects on first order streams (headwater drainages), do project easements extend upstream toward drainage divides on all tributaries/reaches such that flow (whether perennial, intermittent or ephemeral) in >90% of all upstream channels is captured within the project easement(s)? [To receive points, Provider must include appropriate maps and calculations to demonstrate that this criterion is met.] 1 point. TOTAL BONUS POINTS 1 Total Required Section Points (Maximum Possible = 210 Points) = 107.2 + Bonus Points (Maximum Possible = 7 Points) = 1 Total Points = 108.2 Proposal Rating ( Score x 0.01) = 1.08 Comments: Ver: 9/30/16 Page 44 of 44 EXHIBIT D Prepared by and Return: Water & Land Solutions 11030 Raven Ridge Road, Suite 119 Raleigh, NC 27614 MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM FOR OPTION TO PURCHA,F CONSERVATION EASEMENT ("Memorandum") is made and entered into this 19 121 day of September of 2017,by and between Annie Laura G. Johnson Revocable Trust, Annie Laura G. Johnson, Trustee ("Grantor") and WATER & LAND SOLUTIONS, LLC, allorth Carolinalimited liability company located at 11030 Raven Ridge Road, Suite 119, Raleigh, North Carolina 27614 ("WLS"). WHEREAS, Grantor and WLS have enteredintointo a'cg rtain Option to Purchase Conservation Easement (the "Option") dated SFPlV.K`I' , 2017, pursuant to which Grantor granted to WLS, its successors and assigns, an option to purchase aconservation easement (the "Easement') over certain real property located in Johnston County, North Carolina, which property is more particularly described on the attached Exhibit A he "Property") and WHEREAS, The parties enter into this Memorandum for the purpose of setting forth certain terms and conditions ofthe Option and to provide constructive notice ofthe Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows. 1. The term of the Option commenced on 56,012rFA! I/IV 14 , 2017, and shall expire on 5'9',0rQJA5M 14 , 2019. 2. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. 3. The Option shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. [SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] 10 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: , `P_, Ry: Sri Print me: l�riP1�P [-Qt,w-A G-._ld�yt150f1 Title: iii r STATE OF NORTH CAROLINA COUNTYOF .VohIS�a'1 1, CA-khadra 2 _ a Notary Public of the County and State aforesaid, certify that Annie Laura G. Johnson Revocable Trust, Annie Laura G. Johnson, Trustee appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. 1 have received satisfactory evidence of the principal's identity in the form of \ A ejFuS LilutSe- This the O -VARY _c its E""RES ti Putt _,4t [AFFIX NOTARIAL STAMP -SEAL] day of September, 2017. Official Signature of Notary Public COW&L MAAYLQ,/ , Notary Public Notary Public's Name Printed or Typed My Commission Expires: 2 2A2— [ 11 WATER & LAND SOLUTIONS, LLC, a North Car�jt a Limi[ed Liability Company Ey: C/— (7 Print Name: Jct V /♦.(:.:.rid v 6 Title: C O STATE OF NORTH CAROLINA COUNTYOF V0GV—R— I,CCK\Nje9kP&— P)Qf\fla,! , the undersigned Notary Public of the County and State aforesaid, certify that Adam V. McIntyre appeared before me this day, acknowledging to me that he/she is Chief Executive Officer/Principal of Water & Land Solutions, LLC a North Carolina limited liability company, and that he/she acknowledged to me that he/she voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. I have received satisfactory evidence of the principal's identity in the form of D r W P Y� I C ! n,✓. W This the [AFFIX NOTARIAL STAMP -SEAL] '~ day of September, 2017. A44i6,A. iYluxn✓ur- Official Signature of Notary Public (tq H n4. MO IOV ,Notary Public Notary Public's Name Printed or Typed My Commission Expires: W 12 EXHIBIT A [INSERT DESCRIPTION OFPROPERTY] 13 Legend Parcel Bounds Annie Laura G Johnson Revocable Trust PIN: 179100-39-9602 Parcel Acreage: 47.36 AC .................:.r, I. This map and all data contained within are supNied as is wild no asininity Water 6 Land Solutions. LLC expressly disdaims menomm ity for damages or Natiddyhom any chime that may arse out of Me use or misuse of this map It is the sole responsibiuyV the user to determine if the dam on this map maefa the users needs. This map was not creased as survey data, nor should it be used as such. Itis the user's reaponsibiby to obtain proper survey dataprepared by a licensed surveyor, where rammed by law. Annie Laura G Johnson Revocable Trust PIN: 179100-69-0695 Parcel Acreage: 24.76 AC A Buffalo Creon Project es WATER &LAND o aoo egg Mitigation Project r.M Johnston County, NC SOLUTIONS ExhibitA 4 EXHIBIT D Prepared by and Return Water & Land Solutions 11030 Raven Ridge Road, Suite 119 Raleigh, NC 27614 MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM FOR OPTION TO PURCHASE CONSERVATION EASEMENT ("Memorandum") is made and entered into this 14 'F� day of September of 2017,by and between Annie Laura G. Johnson Revocable Trust, Annie Laura G. Johnson, Trustee ("Grantor") and WATER&LAND SOLUTIONS, LLC, allorth Carolina limited liability company located at 11030 Raven Ridge Road, Suite 119, Raleigh, North Carolina 27614 ("WLS"). WHEREAS, Grantor and WLS have entered into a certain Option to Purchase Conservation Easement (the "Option")dated 59PGKrliq45P= 14 .2017, pursuant to which Grantor granted to WLS, its successors and assigns, an option to purchase a conservation easement (the "Easement') over certain real property located in Johnston County, North Carolina, which property is more particularly described on the attached Exhibit A ([he "Property") and WHEREAS, The parties enter into this Memorandum for the purpose of setting forth certain terms and conditions ofthe Option and to provide constructive notice ofthe Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows. 1. The term of the Option commenced on 1 , 2017, and shall expire on L4 2019. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. 3. The Option shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. tSIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] 10 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. i By e7. POLO, STATE OF NORTH CAROLINA COUNTY OF �flr+rfA1` 1, l QA< e,,�, NQ , 'M0(1RYV^r , a Notary Public of the County and State aforesaid, certify that Annie Laura G. Johnson Revocable Trust, Annie Laura G. Johnson, Trustee appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of 1i64 "dLir y1g+— This OOTAgy .S w Oommaa NExF";ES r� JDUBIt� jr, [AFFIXNOTARIAL STAMP -SEAL] kh day of September, 2017. Irk Official Signature of Notary Public C0'Vn42 rna. in"VIgA1' . Notary Public Notary Public's Name Printed or Typed My Commission Expires: 2a (202.1 11 WATER & LAND SOLUTIONS, LLC, a North Carola L* ked Liability Company By: :/ Print Name: Q r(6n ✓ Title: e, G O STATE OF NORTH CAROLINA COUNTY OF 1, CL%Aytp do f,(\O,wnm./ , the undersigned Notary Public of the County and State aforesaid, certify that Adam V. McIntyre appeared before me this day, acknowledging to me that he/she is Chief Executive Officer/Principal of Water & Land Solutions, LLC allorth Carolina limited liability company, and that he/she acknowledged to me that he/she voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. 1 have received satisfactory evidence of the principal's identity in the form of h✓' a pd4 Lt c p vx.2, This the > NOTARr NY COMMMION EMMNEs 2 'I "UBLIG ,O [AFFIX NOTARIAL STAMP -SEAL] day of September, 2017. Official Signature of Notary Public 03k gn✓ At_lMA,3N 9k Notary Public Notary Public's Name Printed or Typed My Commission Expires: I Z� 12 EXHIBIT A [INSERT DESCRIPTION OFPROPERTY] 13 Legend t.—,.. Parcel Boundary Annie Laura G Johnson „•1 Revocable Trust •i' PIN: 179100-39-9802 .e i Parcel Acreage: 47.36 AC i i fes, �• i i............... If i r i •�. i I ! 1 i I 1 1 j ! 1 � 1 1 j i i ! i j•., ..................................... �• I I I 1 1 I .................... r Annie Laura G Johnson mit map and all data contained witGn are awpltad as �a with no Revocable Trust restrent, Water 8 land Slainons, LLC eViessly dbdaims PIN: 179100-59-0695 ponvhlbtymrdamayes oroabnitynom anydamstnatmayanse out olthe use or misuse o/ fhia map II is the mle 2spon"Iyily or Parcel Acreage: 24.76 AC the user to determine it the data on this map meefs the users needs. This map wea not [reeled as ney data, nor abouM it be usadas suet. Itis tha users responvbiha Io brain proper survey data. prepared by a hbenad surveyor, where requiml by law. Tributaries Buffalo Creon WATER &LAND o aoo eco tae. A Pject Mitigation Project Johnston County, NC SOLUTIONS 4 ExhibitA EXHIBIT D Prepared by and Return: Water & Land Solutions 11030 Raven Ridee Road, Suite 119 Raleigh, NC 27614 MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM FOR OPTION TO PURCSE CONSERVATION EASEMENT ("Memorandum") is made and entered into this 19 day of September of 2017, b y and between John W. Markham, III, Trustee of Markham Living Trust, and spouse Cynthia B. Markham; and Sandra Markham Tedder, Executrix of Bettie 1. Markham Estate (Beneficiaries: Sandra Markham Tedder; Terri Markham Hunt, and spouse Arnold Joseph Hunt; Charles Michael Briggs, and spouse Nancy Sue Briggs; and Michael Markham), (all the "Grantor"), ( a I I t h e " G r a n t o r") and WATER & LAND SOLUTIONS, LLC, allorth Carolina limited liability company located at 11030 Raven Ridge Road, Suite 119, Raleigh, North Carolina 27614 ("WLS"). WHEREAS, Grantor and WLS ha entered into a certain Option to Purchase Conservation Easement (the "Option") dated 5 VIA141 b f � , 2017, pursuant to which Grantor granted to WLS, its successors and assigns, an option to purchase a conservation easement (the "Easement") over certain real property located in Johnston County, North Carolina, which property is more particularly described on the attached Exhibit A (the "Property") and WHEREAS, The parties enter into this Memorandum for the purpose of setting forth certain terms and conditions ofthe Option and to provide constructive notice ofthe Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows I . The term of the Option commenced on 515? (6a 0 .2017, and shall expire on 5j:544fl;'M0,G !.9, 2018. 2. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. 3. The Option shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. [SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] 15 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GNT By. 4 �% Print ' me: TOG, v, `vn• rJr11s � Title: olf 5eee STATE OF NORTH CAROLINA COUNTY OF QI.li� F-!. I, 19-c—NC- Kq Ci -E a Notary Public of the County and State aforesaid, certify that John W. Markham, 111, Trustee of Markham Living Trust appeared before me this day and acknowledged that he/she voluntarily executed the fore oing instrument. I ave received satisfactory evidence of the principal's identity in the form of oZay �-� 3 This the I lblr3 day of September, 2017. ```ss�N . tK Y R p���� 'VARy' lixp 7��cPUB\- ,;//OIRDGOJ`\`\�. [AFFIX NOTARIAL STAMP -SEAL] Official Signature of Notary Public 119- =N6 112E , Notary Public Notary Public's Name Printed or Typed My Commission Expires: 16 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRA Print Name: C4 n7 h u, ar k ha rn Title: w, Vit o / r u 5i ¢ e., STATE OF NORTH CAROLINA COUNTY OF (!�Z A4 I, 19%P**3 E K -q D2E a Notary Public of the County and State aforesaid, certify that Cynthia B. Markham appeared before me this day and acknowledged that he/she voluntarily executed the oregmng instrument. I have received satisfactory evidence of the principal's identity in the form of a-2-41ZA1 This the L D n day of September, 2017. [AFFIX NOTARIAL STAMP -SEAL] J;emd� Official Signature of Notary Public [ReIv Lc%t�E . Notary Public Notary Public's Name Printed or Typed My Commission Expires: DL{—O14^'&L0a1 17 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. By: Title: STATE OF N0RTk1 CAROLINA COUNTY OF 1, ✓ 1 /0, do, / a Notary Public of the County and State aforesaid, certify that Sandra Markham Tedder, Executrix of Bettie L Markham Estate and beneficiary of Bettie 1. Markham Estate, appeared before me this day and acknowledged that he/she voluntarily executed the fore Ding instrument. I have received satisfactory evidence of the principal's identity in the form of fg i6 This the % (1 - [AFFIX Nl$AYi. AL,STAW-§F.AL[ day of September, 2017. Official Signature: of Notary Public Notary Public Notary Public's Name Printed or Typed My Commission Expires: is JN WITNUS;%%IIEREOF, lb- lurlics hacduly exerulcd this ltcrur nd;tmas fifth_ dale first abot'c wrii(en. CR,15'I'Uit: PimtName: rf ✓i M_10- STAA:OF \ORTFf C.001 -INA COUNTYOr t�V. 41ph 1, r *- •`U_ �— �1. , Ir. r,...+} _ a N(mary Public oft he. Coun:} and Sta;c a:brc vi�f, i.eriiry that Terri MarMIM I Itnt- aPPOIL t before me this d:ry and xckno� th_m 1:. Thr voluntarily executed Ifke furcrn4ttu[' IfUWRIenI. 11114e reiCit'Cd N[tltifaCln71' C4'IfiCllrl•9f [�'.�: prilkiFxa-c fide ;tit}in the forin of This the i�-r day of Scptcmbcr. 201 T OfiZcial Signature of \4u t, -v Public Notary Public's \ame Pmint«J c+r'[ypeA htv Commission I:.vpires'tT`. ,Zh �n5. �c'z G JAMIX NOTARIAL Sl'at1P-NF. ►L] tltt lIf( ler CA A ` NC'7ARy m= �v P(Jsl rc '7 ti ,fsOv7 19 IN ►Y11 \'ES.S WHEREOF, the parties have duly execuced this Mt rf randunans ofth: date first above s+rittcn- Tille: STATE OF NQR� CAROLINA COUNTY OF .. � a Notary Public of the Counq and State afoies�,id, certify chat Arnold Joseph Hunt, apps; rcd b [ore me this d;w and acknowledged ih he she voluntarily executed the faregoine imtrumcm, I tune received satisfactory evidence Of the primipal's klentily in the form of This the _ day of Septcmhsr, ?0I i. OialS�t 'iGnatt:reUfNotzn public 7 l06 , 1ptan Public Nalwy Pubhc's Narna Printed Or T%lvd Rly COmnnission F:spires: r t'�ccl�l ��".7� .7�-�- v [AFFIXLNOTARIAL, 3I'AMP-S \L) tA ,�1��'yN NOTARY _ PUBLIC tel- 2c'` 20 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. B RAN —W I Print Name: (2[}A I-4cs M i al'A£l —31�1 GG5 Title: STATE OF NORTH CAROLINA COUNTY OF Gtl- Irb" I, T o4&4L A eAl 1 ""�1eO-S a Notary Public of the County and State aforesaid, certify that Charles Michael Briggs, appea ed before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of D9l"4-T This the ($+�_ day of September, 2017, ffficil ignature of Notary Public z1C81�", Q� e fL s , Notary Public Notary Public's Name rinted or Typed My Commission Expires: 7 28 ;-O � [AFFIX NOTARIAL STAMP -SEAL] vvVplN �IM�I'//i Ca NOTARY = Gi'� PUBLIC 2v 21 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRAN. By Print Title: STATE OF NORTH CA OLINA COUNTY OF (=,1LI I, cJ 615kkc� 4 ezA A W11-5 a Notary Public of the County and State aforesaid, certify that Nancy Sue Briggs, appeared before hie this day and acknowledged that he/she voluntarily executed the fore oing instrument. I have received satisfactory evidence of the principal's identity in the form of n isp_oS (.1CP1, ,+- This the 6 day of September, 2017. [AFFIX NOTARIAL STAMP -SEAL] \`�\\U11 I//ii i NpTAR y 7F-4pG PUBLIC O�ffi2'Signature of Notary Pulic klea-S ,Notary Public Notary Public's Name kinted or Typed My Commission Expires: 22 22 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANT Print Name: Nw� Title: Oct A k*IL. STATE OF NORTH CAROLINA COUNTY OF I, � 1 �� j L rYl a Notary Public of the County and State aforesaid, certify that Michael Ma am, appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instru ent. I have received satisfactory evidence of the principal's identity in the form of �r:T901= P Q A c A! This the _ ( 2$A day of September, 2017. [AFFIX NOTARIAL STAMP -SEAL] 4&6L - Official Sitgature of Notary Public 23 WATER & LAND SOLUTIONS, LLC, a North Carolina Limited Liability Company By: �i��`y <L Print Name: 4 da t V ti! G i {� Title: C U STATE OF NORTH CAROLINA COUNTY OF 03Qkg, I, C UNY14 1, r�L MAIN6g , the undersigned Notary Public of the County and State aforesaid, certify that Adam V. McIntyre appeared before me this day, acknowledging to me that he/she is Chief Executive Officer/Principal of Water & Land Solutions, LLC a North Carolina limited liability company, and that he/she acknowledged to me that he/she voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. 1 have received satisfactory evidence of the principal's identity in the form of h , \� LJ4, U r PA SA This the I .-r day of September, 2017. NOTARY I MV (,OMMISSI EXPIRES 2 10' sL PUBUG ,c [AFFIX NOTARIAL STAMP -SEAL] Official Signature of Notary Public r (C\N'gL SNL Notary Public Notary Public's Name Printed or Typed My Commission Expires: IN 2 24 EXHIBIT A [INSERT DESCRIPTION OF PROPERTY] 25 Legend Parcel Boundary Bettie I Markham & Markham Living Trust PIN: 179100-48-5465 �.�'•� Parcel Acreage: 58.3 AC ._ _.._.._.._ ._.._.._.._.._.._ ..................... ,i •� i `..._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..................................... i This map and all data contained within are supplied as is with no warranty Water & Land Solutions, LLC expressly disclaims responsibility for damages or liability from any claims that may arise out of the use or misuse of this map. It is the sole responsibility or the user to determine i1 the data on this map meets the user's needs. This map was not created as survey date, nor should it be used as such. It is the user's responsibility to obtain proper survey data, prepared by a licensed surveyor, where required by law. N Buffalo Creek Tributaries WATER & LAND A 0 350 700 Mitigation Project Feet Johnston County, NC SOLUTIONS Exhibit A Hydric Soils Investigation Buffalo Creek Tributaries Mitigation Project Neuse River Basin (CU 03020201) Johnston County, North Carolina Prepared for: WATER & LAND SOLUTIONS 11030 Raven Ridge Rd, Suite 119, Raleigh, NC 27614 (919) 614-5111 1 waterlandsolutions.com Prepared by: J BROWN'S ENVIRONMENTAL GROUP, INC. SELMA, NC 242 Batten Farm Road Selma, North Carolina 27526 (919)524-5956 Introduction Water and Land Solutions, LLC (WLS) is investigating the feasibility of stream and wetland mitigation for the Buffalo Creek Tributaries Mitigation Project, in Johnston County, North Carolina in the Upper Neuse River Basin (Cataloging Unit 03020201). WLS has contracted Brown's Environmental Group's Inc. (BEG) to perform a hydric soils investigation at the project site. The objective of the hydric soils investigation was to identify the soils at the project site and to and determine soil areas suitable for wetland mitigation. The described field investigation was performed on September 6, 2017 by Wyatt Brown, LSS. The project site is part of the Neuse River Basin in northern Johnston County near the community of Archer Lodge. The project study area is located in natural stream valleys situated with active agricultural and forested areas. The stream systems are mostly incised, being greatly impacted by historic agricultural and silvicultural practices. Background The project area has been mapped as moistly upland soils with hydric soils located along the stream channels. This is common is the lower Piedmont of North Carolina. The publication Field Indicators of Hydric Soils in the United States, A Guide for Identifying and Delineating Hydric Soils, (Version 8.0, 2016) defines a hydric soil as a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (USDA Soil Conservation Service, 1994). Most hydric soils exhibit characteristic morphologies that result from repeated periods of saturation or inundation for more than a few days. Saturation or inundation, when combined with microbial activity in the soil, causes the depletion of oxygen. This anaerobiosis promotes certain biogeochemical processes, such as the accumulation of organic matter and the reduction, translocation, or accumulation of iron and other reducible elements. These processes result in distinctive characteristics that persist in the soil during both wet and dry periods, making them particularly useful for identifying hydric soils in the field (USDA Natural Resources Conservation Service, 2010). This definition is for hydric soils in their natural state receiving adequate hydrology. Methodology BEG performed 25 hand auger borings using visual and tactile methods to describe the soil along the stream corridors that make up the project study area. Soil profile descriptions were recorded at the boring locations and the borings were located by GPS. For each boring, BEG confirmed the existing soil mapping and recorded the depth of the seasonal high-water table (SHWT). The depth of the SHWT or soil wetness condition is stated by Rule .1942 (NCAC.2004) as the first occurrence of redox depletions observed in the field as having a low chroma color (< or equal to 2) in Munsell Color Book at (> or equal to 2%) of soil volume. Discussion and Conclusions The soil borings found hydric soils that were visually saturated, being found in apparent wetlands, as well as hydric soils along the incised stream reaches that appeared to lack recent hydrology indicators. According to the mitigation strategy proposed for the project, the headwater stream systems will be restored, using Priority Level I Stream Restoration, to raise the proposed streambed back up to its historic location to re -gain floodplain access. For the areas of hydric soils along these incised stream reaches that appear to lack hydrology, it is BEG's opinion that the described restoration of hydrology to starved hydric soils will support hydric soil restoration and development of hydric soil criteria. rqA6 JIT7 �- STrrr 1'2e1-red-6 f-f o yR ?/a SL s1t s o�N, ccs 1 -2v` yk s// Sc4-&, v2 7lz yX _ 312 S,4 AJ D 4Zy-q" 1ovr, `VII SAtin e',.e,t /o SAN D f• /Fai✓t IUYQ 5/� MoHi>C /%a //��/ ,I s/z S-AdD 69,tX � �I Jo ;o /U yt `//L jC Eck • J I3/< � w� io y2 �1G m�li�c l Ifnu��:.v RFP Number: RFP 16-007279 Vendor: Nothing Compares-,-,. NORTH CAROLINA STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Request for Proposal #: 16-007279 Full Delivery Projects To Provide Stream and Wetland Mitigation Credits Within Cataloging Unit 03020201 Of The Neuse River Basin As Described In The Scope Of Work Date of Issue: June 21, 2017 Proposal Opening Date: September 21, 2017 At 2:OOPM ET Direct all inquiries concerning this RFP to: Kathy Dale DMS Purchasing Agent Email: kathy.dale@ncdenr.gov Phone: (919) 707-8451 Ver: 9/30/16 Page 1 of 44 RFP Number: 16-007279 Vendor: ``Nothing Compares. NORTH CAROLINA STATE OF NORTH CAROLINA Request for Proposal # 16-007279 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company's Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: Federal ID Number or Social Security Number Vendor Name Ver: 9/30/16 Page 2 of 44 RFP Number: 16-007279 Vendor: STATE OF NORTH CAROLINA Department of Environmental Quality Division of Mitigation Services Refer ALLInquiries regarding this RFP Request for Proposal # 16-007279 to: Proposals will be publicly opened: September 21, 2017 @ 2:00 pm Kathy Dale PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OFVENDOR: Contract Type: Open Market Email: kathy. daleCcbncdenr.gov Commodity No. and Description: 962-73 Restoration / Reclamation Services of Land and other Properties Using Agency: Division of Mitigation Services Phone: 919-707-8451 Requisition No.: N/A EXECUTION In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143- 54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor's knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub -Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E - Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OFVENDOR: FAX NUMBER: VENDOR'S AUTHORIZED SIGNATURE: DATE: EMAIL: Offer valid for at least 180 days from date of proposal opening. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the Department of Environmental Quality shall affix his/her signature hereto and this document and all provisions of this Request for Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR STATE USE ONLY: Offer accepted and Contract awarded this day of , 20 , as indicated on the attached certification, by . (Authorized Representative of DEQ). Ver: 9/30/16 Page 3 of 44 RFP Number: 16-007279 Vendor: ADMINISTRATIVE TERMS..................................................................................................... 18 Table of Contents REQUEST FOR PROPOSAL DOCUMENT............................................................................. 1.0 PURPOSE AND BACKGROUND............................................................................................... 5 2.0 VENDOR INFORMATION..........................................................................................................5 PRICING................................................................................................................................. 2.1 MANDATORY PRE -PROPOSAL CONFERENCE.....................................................................5 ACCEPTANCE OF WORK........................................................................................................18 2.2 PROPOSAL QUESTIONS.........................................................................................................6 DOWNWARD PAYMENT ADJUSTMENTS............................................................................. 2.3 PROPOSAL SUBMITTAL..........................................................................................................6 INVOICES............................................................................................................................... 2.4 PROPOSAL CONTENTS.......................................................................................................... 8 2.5 IMPORTANT INFORMATION AND RESTRICTIONS.............................................................. 10 2.6 REQUIRED TEMPLATES FOR THIS RFP.............................................................................. 10 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS............................................................ 10 3.0 SCOPE OF WORK.................................................................................................................. 14 3.1 OBJECTIVES.......................................................................................................................... 14 3.2 TASKS.................................................................................................................................... 15 3.3 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES ........................................... 18 4.0 ADMINISTRATIVE TERMS..................................................................................................... 18 4.1 REQUEST FOR PROPOSAL DOCUMENT............................................................................. 18 4.2 CONTRACT TERM................................................................................................................. 18 4.3 PRICING................................................................................................................................. 18 4.4 ACCEPTANCE OF WORK........................................................................................................18 4.5 DOWNWARD PAYMENT ADJUSTMENTS............................................................................. 19 4.6 INVOICES............................................................................................................................... 19 4.7 PAYMENT TERMS................................................................................................................. 19 4.8 PERFORMANCE OUTSIDE THE UNITED STATES............................................................... 19 4.9 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS ............................... 19 4.10 INTERPRETATION OF TERMS AND PHRASES.................................................................... 20 5.0 PROPOSAL EVALUATION PROCESS AND METHOD OF AWARD ...................................... 20 5.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION.......... 20 5.2 PROPOSAL OPENING PROCESS.............................................................................20 5.3 EVALUATION PROCESS....................................................................................................... 21 5.4 EVALUATION CRITERIA........................................................................................................ 21 5.5 METHOD OF AWARD............................................................................................................. 22 6.0 REQUIREMENTS................................................................................................................... 22 6.1 FINANCIAL STABILITY...........................................................................................22 6.2 FINANCIAL ASSURANCE....................................................................................................... 22 6.3 REFERENCES.......................................................................................................23 6.4 ACCESS TO PERSONS AND RECORDS.............................................................................. 23 6.5 BACKGROUND CHECKS.......................................................................................................23 6.6 SUBSTITUTION OF PERSONNEL.......................................................................................... 23 Ver: 9/30/16 Page 4 of 44 RFP Number: 16-007279 Vendor: 6.7 VENDOR REPRESENTATIONS..............................................................................................23 7.0 CONTRACT ADMINISTRATION.............................................................................................24 7.1 PROJECT MANAGER AND CUSTOMER SERVICE...............................................................24 7.2 REPORTS.............................................................................................................24 7.3 DISPUTE RESOLUTION.........................................................................................................24 7.4 CONTRACT CHANGES..........................................................................................24 7.5 CONTRACT ADMINISTRATOR..............................................................................................24 ATTACHMENT A: INSTRUCTIONS TO VENDORS..........................................................................25 ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS ........... 28 ATTACHMENT C: PRICING..............................................................................................................32 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR............................................33 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION....................................................34 ATTACHMENT F: ADDITIONAL VENDOR INFORMATION......................................................35 ATTACHMENT G: CERTIFICATION OF ELIGIBILITY- IRAN DIVESTMENTACT ..........................36 ATTACHMENT H: TARGET LOCAL WATERSHED MAPS........................................................37 ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET................................................39 1.0 PURPOSE AND BACKGROUND The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. This RFP is not an offer for a Contract, nor does the Department's acceptance of any Technical /Cost Proposal guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of North Carolina. 2.0 VENDOR INFORMATION 2.1 MANDATORY PRE -PROPOSAL CONFERENCE A MANDATORY PRE -PROPOSAL CONFERENCE will be held to clarify all information contained within this Request for Proposals (RFP) and to provide information relative to specific requirements. Vendor and/or his representative must attend the scheduled Mandatory Pre -proposal Conference. Attendance at this Pre -proposal Conference is a prerequisite for consideration of a bidder's offer. Vendor and/or his representative must: (1) arrive prior to the scheduled start time of the Pre -proposal Conference; Late arrivals will not be allowed to sign in or participate in the meeting (2) sign -in on the attendance sheet; and (3) sign -out upon completion of the Pre -proposal Conference. Ver: 9/30/16 Page 5 of 44 RFP Number: 16-007279 Vendor: Failure to comply with this requirement will cause offer to be rejected. The purpose of the pre -proposal conference is for all prospective offerors to acquaint themselves with the conditions and requirements of the tasks to be performed. Submission of an offer shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions that a prudent offeror would recognize as affecting the performance of the work called for in this solicitation. Offeror is cautioned that any information released to offeror other than during the pre -proposal conference which conflicts with, supersedes, or adds to requirements in this solicitation, must be confirmed by written addendum before it can be considered to be a part of this solicitation document. Vendor bidding otherwise does so at his own risk. Each offeror is permitted to send no more than (2) people to the conference. Only one (1) representative per offeror is allowed to sign both the sign -in and sign -out sheet (the representative that signed in must also sign out). Only one (1) pre -determined, pre -proposal conference will be held; individual pre -proposal conferences are not allowed. Pre -proposal Conference Location 1 Date 1 Time Details: Location: North Carolina Department of Environmental Quality 217 West Jones Street, Suite 1210 Raleigh, NC 27603 Date: July 14, 2017 Start Time: 2:00 PM 2.2 PROPOSAL QUESTIONS Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit all such questions by 5:00 PM on Friday, July 21, 2017. Written questions shall be e-mailed to kathv.dale aancdenr.aov by the date and time specified above. Vendors should enter "RFP #16-007279: Questions" as the subject for the email. Contact with anyone working for or with the State regarding this RFP other than the person named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer, at the State's election. 2.3 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein. IF DELIVERED BY "US POSTAL SERVICE" Address as below: RFP # 16-007279 NC DEQ -DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE 1652 MAIL SERVICE CENTER RALEIGH NC 27699-1652 IF DELIVERED BY ANY (UPS/FEDEX/ETC.) Address as below: RFP # 16-007279 NC DEQ -DIVISION OF MITIGATION SERVICES ATTN: KATHY DALE 217 WEST JONES STREET, SUITE 3409-J RALEIGH NC 27603 IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have therho op sal physically in this Office by the specified time and date of openina. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made Ver: 9/30/16 Page 6 of 44 RFP Number: 16-007279 Vendor: a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. Note that the U.S. Postal Service generally does not deliver mail to specified street address but to the State's Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency's purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this RFP shall NOT be accepted. Vendors must follow the steps below when submitting their bid: a) Submit two (2) signed, original executed Technical Proposal responses and five (5) photocopies (All 7 Must Be Placed in separate 3 Ring Binders or Notebooks and Include Section Tabs). Original responses must be labeled. b) Submit two (2) redacted electronic (Proprietary and Confidential Information Excluded) copies of the executed Technical Proposal on USB flash drives to the address identified in the table above. The electronic files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel Technical Proposal must list any proprietary information identified as confidential and proprietary in accordance with Attachment A, Paragraph 11 of the Instructions to Vendors. The Division of Mitigation Services, in responding to public records requests, will release the information on this disc. It is the sole responsibility of the Vendor to ensure that this drive complies with the requirements of A, Paragraph 11 of the Instructions to Vendors. c) Submit one (1) read-only USB flash drive containing the ArcGIS format of the boundaries of the proposed project. The flash drive should be clearly marked as "ArcGIS". The boundary can be the proposed easement(s), or general project area. NCDMS expects that the submitted file will match closely the project area(s) shown in the project proposal location map. The file must be in ArcGIS format and must be projected in the State Plane Coordinate System (NAD 83) using a base unit of meters or fee. It is preferred that the *.prj file holding the coordinate system information be included in the file. The table for the ArcGIS file must contain the following: • Site—Name- (List as named in proposal report) • Company- (Vendor) • Project—Type- (Stream, Wetland, Buffer or Combination) • Coordinate—System- (SP Meters or SP Feet) Ownership of the flash drives and the contents become the property of NCDEQ-DMS d) Submit your technical proposal in a sealed package. Clearly mark each package with: (1) Sealed Technical Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subjectto rejection unless submitted with the information above included on the outside of the sealed proposal package. 3) Submit two (2) signed, original executed cost proposal responses and two (2) photocopies (All 4 must be placed in one separately sealed envelope). All cost proposal response packages must be clearly marked with (1) Sealed Cost Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. If Vendor is submitting more than one (1) cost proposal option, each response shall be submitted in a separately sealed envelope and marked accordingly. For delivery purposes, separately sealed envelopes from a single Vendor may be included in the same outer package. NOTE: All technical and cost proposals must constitute a firm, irrevocable offer for a period of at least six (6) months beyond the specified "Opening Date" for this RFP. Ver: 9/30/16 Page 7 of 44 RFP Number: 16-007279 Vendor: 2.4 PROPOSAL CONTENTS Vendors shall complete all the attachments in this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order and separated by tabs: a) COVER LETTER b) TITLE PAGE: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) EXECUTION PAGES and any ADDENDA released in conjunction with this RFP that requires the Addenda to be returned. These must be completed and signed. Failure to comply will result in your bid being disqualified. d) EXECUTIVE SUMMARY: The executive summary shall consist of highlights of the general contents of the proposal, and shall clearly state the anticipated mitigation type and amount of credits proposed. If the Vendor is proposing multiple mitigation options, each option must be specifically described in this section. e) CORPORATE BACKGROUND AND EXPERIENCE: This section shall include background information on the firm submitting the proposal, the firm's ability to carry out all phases of the proposal, information concerning similar mitigation projects completed in North Carolina and other states, the firm's office location(s) and the firm's multidisciplinary approach to the project. f) PROJECT ORGANIZATION: This section must include the proposed staffing, deployment, and organization of personnel to be assigned to this project. The Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person including sub -vendors and DBE/HUB participation. g) TECHNICAL APPROACH: This section shall include and be completed in the following sequence: Project Goals and Objectives- Specifically describe how the proposed project will address the watershed goals identified in the River Basin Restoration Plan (RBRP) and/or Local Watershed Plan (LWP) applicable to the project area, and the objectives that will be used to accomplish those goals. RBRPs and LWPs can be found at: http://deg.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents searchable by river basin. Unless otherwise specified in the RFP, the proposed ecological benefits and functional uplift the project could provide may be determined at the discretion of the Vendor. If a proposed site addresses more than one of the watershed goals, it will be taken into consideration in the site rating. Project Description- Provide a detailed description of the project including, but not limited to a description of the site in its existing condition; watershed (including County and 14 -digit Hydrologic Unit) and its condition; soils and geology; anticipated cultural resources, protected species issues, and known site constraints (i.e. other easements, crossings, site access, etc.). Note: due to concerns regarding waterfowl attraction near air transport facilities, the project description must include a site location map that identifies any air transport facility located within 5 miles of the project site. The presence of an air transport facility will not exclude the proposal from consideration. ■ The proposal shall include a map(s) preferably with topographic background that includes mapping of channel stability features (i.e. Incision, bank instability, the occurrence of bedrock) and any relevant features which have implications for describing impairments (e.g. ditching) and/or support the proposed level of intervention. The map should also include a table which provides a reach description. • Project Development — Describe in detail how the proposed changes will be made. Identify individual project reaches and the specific method in which the mitigation will be completed. Describe in detail reasons for the anticipated activities and why these activities are warranted to the level proposed. Clearly state the anticipated ecological uplift for each activity for each reach. Submittals for restoration of both intermittent and perennial streams must provide sufficient documentation and discussion of the net gain in function resulting from the proposed level of restoration as compared to other levels of restoration. Modification of pattern, dimension and profile should not be assumed to be the appropriate level of restoration for all degraded streams. The project development description must include: ■ Where restoration is appropriate, Priority I restoration is strongly encouraged. It is understood that Priority II restoration will sometimes be necessary for tie-ins and transitions, but if it is proposed as the overall Ver: 9/30/16 Page 8 of 44 RFP Number: 16-007279 Vendor: design approach for a given reach then at a minimum it must meet the criteria described in the technical score sheet for this RFP. ■ A general description for all stream crossings, fords, roads etc. The description must include the location, width, and type of crossing (ford, culvert, bridge etc.). Crossings that utilize bridges and/or culverts with fencing that permanently prevent livestock access both upstream and downstream of the crossing (so that livestock exclusion is not dependent on the use of gates) provide better protection of the riparian area, and will therefore be awarded more points on the Technical Proposal Evaluation Form. Proposed Mitigation - Provide a description of the mitigation credits proposed. Include an explanation of how the proposed credits were derived and a table of anticipated mitigation types and credits. The table should include a total for each type of mitigation (i.e. restoration, enhancement, preservation, etc.) being offered. If multiple options are proposed, a table for each option should be provided. Current Ownership and Long Term Protection - Identify the ownership of all parcels which will be affected by the project. Include the landowners name and parcel number and the proposed method for providing long term protection of the mitigation site. Based on the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations — Section 332.7 Management, the long-term protection may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. ■ In this section of the technical proposal it should be clearly stated that conveyance of a conservation easement to the State is the method that will be used to provide long term protection of the mitigation site. ■ A signed option agreement valid for a period of at least six (6) months from the closing date of this RFP or other suitable documentation of real property must be provided for each parcel. Project Phasing — Provide a complete schedule for completing the tasks for the project as identified in this RFP. Describe methods for completing these tasks. The proposed schedule must be based on completion of the project within the ten (10) year contract period. The proposed schedule should be based on the number of months (from contract issuance) needed to complete each of the tasks listed in the scope of work. • Success Criteria — Identify specific performance standards that are anticipated to be utilized to measure success of the project. The success criteria must be directly related to the anticipated ecological uplift identified in paragraph Project Development above. Quality Control — This section shall describe the Vendor's quality control program and other procedures that will be used to ensure: 1) each deliverable (i.e. mitigation plan, baseline monitoring document, monitoring report, etc.) is submitted in accordance with the schedule established in the technical proposal, it follows the format(s) established by NCDMS, it contains all required information, and is grammatically/typographically correct; and 2) sufficient oversight is provided during the construction phase so that the project is completed on schedule and is in compliance with any required federal, state or local permit(s). Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side. However, the Technical Proposal shall not exceed a total of 50 pages printed front to back (100 -nage limit) and shall be submitted within a three ring binderwith section tabs. Photographs, maps and diagrams will count toward the 100 pages. If a technical proposal does not meet all the Department's requirements, it will be rejected and the corresponding sealed cost proposal will not be opened. h) ATTACHMENT A: INSTRUCTIONS TO VENDORS i) ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS j) ATTACHMENT C: PRICING (Completed, Signed and Separately Sealed) k) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR (Completed and Signed) 1) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION (Completed and Signed) m) ATTACHMENT F: ADDITIONAL VENDOR INFORMATION (Completed) n) ATTACHMENT G: IRAN DIVESTMENT ACT CERTIFICATION (Completed) Ver: 9/30/16 Page 9 of 44 RFP Number: 16-007279 Vendor: 0) ATTACHMENT H: TARGETED LOCAL WATERSHEDS & WATERSHED MAP p) ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET (Completed) 2.5 IMPORTANT INFORMATION AND RESTRICTIONS a) The DMS recognizes that a Vendor(s) might not be able to find one site that provides the total amount of mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the following categories: ■ One or more sites providing all the requested mitigation credits; or • One or more sites providing a portion of the requested mitigation credits. b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that multiple mitigation options are being offered for a site, and specifically describes each option, the Department shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount indicated in the proposal. c) Proposals will NOT be accepted using the following types of sites: 1. Property purchased with Clean Water Management Trust Fund monies 2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Program, Wetlands Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP 3. Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean Water Act 4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation needs by any state agency 5. Properties that are controlled by any federal agency 6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re- alignment) in violation of federal or state rules or statutes. d) Please note that the State of North Carolina will NOT accept fee simple title to any property for this RFP. As stated in Section 3.3, Task 2 of this RFP, long term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina as defined in the Federal Code of Regulations (Federal register/Vol. 73, No. 70/Thursday, April 10, 2008/Rules and Regulations — Section 332.7 Management). 2.6 REQUIRED TEMPLATES FOR THIS RFP (Must use latest templates, found on DMS website) http://deg.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-tem plates 2.7 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Adjusted Credit Cost — The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credits, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits. Agencies — The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on proposed compensatory wetland, stream, riparian buffer or nutrient offset mitigation. As -Built Drawings — Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all implementation activities have been completed. BAFO- Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency. Baseline Monitoring Document — A written document, supplemented with graphics (including as -built drawings), that describes in detail the implemented mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by which its success will be determined. Cataloging Unit ("CU") — A geographic area representing part or all of a River Basin and identified by an 8 - digit number as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey". Categorical Exclusion — Categories of actions that do not individually or cumulatively have a significant effect on Ver: 9/30/16 Page 10 of 44 RFP Number: 16-007279 Vendor: the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. Categorical Exclusion Action Form and Document — An abbreviated environmental document, prefaced by an Action Form, that briefly describes the mitigation site, the plan for its implementation, and documents that it will have minimal or no impact on the environment. The Categorical Exclusion must be approved by the Federal Highway Administration (FHWA). Coastal Wetland — As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA Handbook for Development in Coastal North Carolina — Section 2(A)(4) found at: htta://dea.nc.aov/about/divisions/coastal-manaaement Closeout Report — A component of the final year of the Monitoring Report that provides an assessment of the monitoring data collected from the entire monitoring period to demonstrate attainment of success criteria. Conservation Easement — A restriction a landowner can voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the "holder" of the easement. The State of North Carolina must receive from the landowner a conservation easement as prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects. Contract Lead- Representative of the Division of Mitigation Services who corresponds with potential Vendors to identify and contract with that Vendor providing the greatest benefit to the State and who will administer this contract for the State. Credit — A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced or preserved. Credit Cost — Total bid cost divided by the number of offered credits for each type of mitigation. Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the successful implementation of the approved Mitigation Plan, including construction and post -construction monitoring. Department — The North Carolina Department of Environmental Quality (NCDEQ) Division of Financial Services — Contracting arm of NCDEQ. DOA/P&C — The North Carolina Department of Administration, Division of Purchase and Contract. Financial Assurance — Financial security assuring the ability of the provider to deliver the contracted for mitigation credits. Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance or another pre -approved method. Hydrologic Unit ("HU") — A geographic area representing a portion of a Cataloging Unit as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey," and identified by a number. Interagency Review Team (IRT) — A group of federal, tribal, state, and/or local regulatory and resource agency representatives that review documentation for, and advises the USACE district engineer on the establishment and management of a mitigation bank or an in -lieu fee program. Intermittent Stream — A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http://deg.nc.gov/about/divisions/water-resources Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual. Local Watershed Plan — An NCDMS watershed plan that is conducted in specific priority areas (typically one or more TLWs) where NCDMS and the local community have identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found by County or River Basin at http://deg.nc.gov/about/divisions/mitigation-services/dms-planning/watershed- planning-documents Long Term Protection — Defined in the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations — Section 332.7 Management, the Long Term Protection of a mitigation site Ver: 9/30/16 Page 11 of 44 RFP Number: 16-007279 Vendor: may be provided through real estate instruments such as conservation easements held by entities such asfederal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. The use of conservation easements and/or restrictive covenants must receive prior approval by the United States Army Corps of Engineers (USAGE) — District Engineer. As noted in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient protection. Mitigation Plan — A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project. Monitoring Report —A written document, supplemented with graphics due on December 1 st of each year during the seven (7) year monitoring period following the completion of construction. This report contains results of the measured success criteria as defined in the Baseline Monitoring Document. NCDMS — The North Carolina Division of Mitigation Services. Non -Riparian Wetland — An area underlain with hydric soils that is NOT located in a geomorphic floodplain or natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments. Non - Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non -riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)). Opening Date — The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to NCDMS. Proposals will not be accepted by NCDMS after the closing date/time. On -Time Delivery- The delivery of all items to the receiving point designated by the delivery time required. Perennial Stream — A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http://deg.nc.gov/about/divisions/water-resources Preliminary Findings Report — An NCDMS report that is developed during the Local Watershed Planning process that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat and hydrologic functions. Prior Converted Cropland — Areas defined by the Natural Resources Conservation Service (Section 512.15 of the National Food Security Act Manual, August 1988) as wetlands which were both manipulated (drained or otherwise physically altered to remove excess water from the land) and cropped before 23 December 1985, to the extent that they no longer exhibit important wetland values. Project Area — For the purposes of this RFP, project area is defined as the area within the proposed conservation easement for the project. Project Milestones — A deliverable, such as a document or completed action that signifies that the endo of a task in the Scope of Service. Property— A Site may be comprised of one or more pieces of real Property owned by one or more individual. Proposal — The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a Sealed Technical Proposal. Proposed Project - A site that is in a pre -construction state and that is not associated with, or a part of, an approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP. Proposal Rating ("PR") — A value (number) that is calculated for each Proposal based upon the evaluation of the Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points. (Technical Score) Proposal Review Committee ("PRC') - A committee established by the NCDMS to review and evaluate each Proposal received and to make recommendations to the NCDMS Director and Procurement Manager. Release of Credits — A determination by the USACE district engineer in consultation with the IRT, that credits associated with an approved mitigation plan are available for sale or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705). Ver: 9/30/16 Page 12 of 44 RFP Number: 16-007279 Vendor: RFP — Request for Proposals; the document issued by the Department to solicit Proposals from interested Vendors. Riparian Wetlands — An area that is underlain with hydric soils and located within a geomorphic floodplain or natural crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size. River Basin — The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina. River Basin Restoration Priorities - A planning document prepared by the NCDMS that targets specific watersheds (TLWs) with descriptions of existing degradation and protection needs for restoration project implementation. Unless otherwise stipulated in the RFP, NCDMS requires mitigation sites to be located in these targeted local watersheds (i.e. hydrologic units). Scope of Services — All services, actions, and physical work required by the Department to achieve the purpose and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated. Sealed Cost Proposal — The completed Sealed Cost Proposal form included in the RFP signed by the Vendor specifying the total compensation requested for the performance of the specified scope of services as defined by the RFP. If more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Vendor is willing to offer multiple options (i.e. different quantities of mitigation at different credit costs) for one proposed site, a separate Cost Proposal must be submitted for each option offered. Service Area — 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to satisfy permit requirements. 2) A geographic area where a mitigation requirement can be satisfied. Site — Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland, stream, buffer or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic connectivity and/or habitat continuity such that the functional relationships between the project components, encompassed within each parcel is clearly evident. DMS shall have the sole discretion to determine whether the project components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project proposal. Targeted Local Watershed (TLW) — A 14 -digit Hydrologic Unit identified as a targeted area in the RFP. These are preferred locations for mitigation projects because they may have environmental characteristics that can be improved through restoration projects. Targeted Resource Area (TRA) — A unique or substantial important asset, opportunity, or function located within a defined area. TRAs can include targeted assets or targeted opportunities. These are identified by analyzing spatial data representing assets, problems, and opportunities that manifest as patches of significance at a smaller scale than the 12- or 14 -digit hydrologic units. These are analogous to TLWs; however, TRAs have defined boundaries based on an area of influence or an area of habitat extent NOT necessarily defined by a watershed boundary. Technical Proposal — One of the two parts of the Proposal which contains a technical description of the proposed mitigation. USACE — United States Army Corps of Engineers, Regulatory Branch, Wilmington District USGS — United States Geological Survey. Vendor — A private agency, corporation, firm, organization, business, or individual offering to provide qualified professional or specialized services to the Department; if two or more private agencies, corporations, organizations, businesses or individualsjoin together in a prime vendor/sub-vendor relationship to submit a proposal, the Department will consider the prime vendor to be the Vendor; only the Vendor may enter into a contract with the Department (The words `Vendor' and `Contractor' are used interchangeably for this RFP). Wetland Enhancement - The manipulation of the physical, chemical and biological characteristics of a site to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Wetland Preservation - The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes those activities normally associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain in aquatic resource area orfunctions. Wetland Restoration - The manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is divided into two categories: Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and Wetland Rehabilitation. Ver: 9/30/16 Page 13 of 44 RFP Number: 16-007279 Vendor: Wetland Re-establishment — The manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and function. Wetland Rehabilitation — The manipulation of the physical, chemical and biological characteristics of a site with the goal of returning most, if not all the natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. 3.0 SCOPE OF WORK 3.1 OBJECTIVES The Department desires to acquire 25,000 Stream, 26.00 Riparian Wetland and 15.00 Non -Riparian Wetland Mitigation credits within the service area (see Attachment H) for Cataloging Unit 03020201 of the Neuse River Basin. River Basin Cataloging Unit Stream Credits Riparian Wetland Credits Non -Riparian Wetland Credits NEUSE 03020201 25,000 26.00 15.00 SPECIAL CONDITIONS: Temperature regime: N/A No more than 10% of the total linear feet of stream offered for mitigation can be stream preservation. Wetlands: Riparian Wetlands must be made up of at least 70% restoration. Non -Riparian Wetlands must be made up of 100% restoration. DMS is not seeking Riparian Buffer credits at this time. On the Cost Proposal form (Attachment C), there is a line for an optional riparian buffer credit cost. If DMS has a riparian buffer credit need during the contracted project lifetime, an amendment can be made to the contract payable to the contracted vendor for the amount per credit delivered (and accepted by DWR) as indicated by the optional cost. Vendors must provide an optional cost for Riparian Buffer credits if they wish DMS to purchase these credits from the vendor. Mitigation Information and Restrictions Stream Mitigation: The definitions of stream restoration, enhancement levels I and II, and preservation are defined in the Stream Mitigation Guidelines (U.S. Army Corps of Engineers, Wilmington District, April, 2003) available on their website. For the purposes of this RFP (the technical proposal, and any contract(s) that may result from this RFP), all mitigation must be consistent with 2003 USACOE Stream Mitigation Guidelines and the Wilmington District Stream and Wetland Compensatory Mitigation Update (NCIRT-October 24, 2016). Wetland Mitigation: Information, including soil boring logs prepared by a Licensed Soil Scientist (LSS), must be provided in the technical proposal to demonstrate that areas proposed for restoration consist predominantly of hydric soils, and: 1. Are not currently jurisdictional wetlands as defined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and USACE regional supplements, and that are devoid of the proper community type of vegetation (Wetland Re-establishment). 2. Are degraded (poorly functioning) jurisdictional wetlands that have been drained or otherwise manipulated resulting in a significant loss of wetland function (Wetland Rehabilitation). Wetland Rehabilitation should restore most, if not all natural and/or historic functions to a degraded wetland. Ver: 9/30/16 Page 14 of 44 RFP Number: 16-007279 Vendor: 3. Are degraded (poorly to moderately functioning) jurisdictional wetlands that have been manipulated resulting in a loss of wetland function (Wetland Enhancement) — Wetland Enhancement results in the gain of selected wetland function(s), but may also lead to a decline in other aquatic resource function(s). 3.2 TASKS TASK 1 DMS requires two (2) hard copies and one electronic copy of the deliverables for Task 1: a) Conduct an on-site meeting with the IRT and DMS to discuss basic concepts of the proposed mitigation plan and identify concerns or issues related to that plan. Concerns or issues identified must be addressed prior to conveyance of the conservation easement or development of the formal mitigation plan. b) Conduct an environmental screening to identify/survey potential protected species, archaeological sites, historical architecture structures, contamination, etc. of the site. c) In addition, in accordance to USACE requirements, the Vendor will provide a signed and dated DMS Full Delivery Landowner Authorization Form for each parcel AFTER contract has been awarded and prior to the post contract on-site meeting with the IRT. TASK 2 Property The Contractor shall electronically send the following five (5) items to the DMS Project Manager and State Property Office (SPO) Manager Blane Rice (Blane.Rice(a)doa.nc.gov) for review: Draft Conservation Easement in Microsoft word document form • Use the 9/4/2014 conservation easement template. • The contractor shall convey to the State of North Carolina the rights to all mitigation, including but not limited to, stream, wetlands, riparian buffer, and nutrient offset mitigation credits derived from each site and within the area of the conservation easement. • The easement boundary must mimic the boundary provided within the technical proposal within reason. Any variations must be communicated to the DMS Project Manager. • The Contractor must provide a copy of the conservation easement to the landowner, and be aware of tax implications such as NC General Statute 105-277.4 which addresses county agricultural deferred taxes that may be incurred at closing. Preliminary Survey Plat in Adobe PDF form • All surveys shall meet the Standards of Practice for Land Surveying in North Carolina as described in Title 21, Chapter 56, of the North Carolina Administrative Code. As such, surveys and digital files shall be tied to the North Carolina State Plane Coordinate System NAD83 (NSRS2007). • The survey title block shall read, "Conservation Easement Survey for the State of North Carolina, Division of Mitigation Services." The title block shall also contain the project name, SPO number, DMS Project number, name of the owner, location, date surveyed, scale of the drawing, name, address, registration number and seal of the surveyor. • A table of coordinates (northing and easting) for all property corners, numbered consecutively, must be included on the plat. If multiple parcels comprise a single project, assign a unique number for each property corner within the project. • A text metes and bounds must be provided for recordation with the Conservation easement. • The Contractor shall show the following that exist within 100 feet of the easement boundary: roads or trails, property corners, nearby easements, dwellings, roadways, streams and creeks, manholes, poles, and right-of-ways. • The landowner(s) or his/her legal representative must sign the recorded plat. • Access to the easement area must be shown, with location and width depicted by a dotted line and note on the recorded plat. 3. Digital Easement File in AutoCAD (.dwg) and ArcMap (.shp) format • The CAD and GIS files must contain a closed polygon layer of the conservation easement shape in addition to the line work. Ver: 9/30/16 Page 15 of 44 RFP Number: 16-007279 Vendor: 4. Copy of the attorney's report on title based on a 30 -year title search with all supporting deeds and documentation • Each conservation easement conveyed must have good, marketable title free of liens and encumbrances. 5. Title attorney's "Schedule A" with any documents describing possible exceptions to title and exhibits. Step Two: Approval for Closing 1. SPO and DMS will review and issue written approval to record after documents meet requirements. 2. The Contractor shall record the final approved easement and plat and obtain all necessary approvals from the County Review Officer. Step Three: Task 2 Payment The Contractor will complete the seven (7) listed deliverables along with invoice for Task 2 payment. Document deliverables shall be submitted electronically to the DMS project manager and SPO Manager Blane Rice (Blane.Rice(a-)doa.nc.gov). Additionally, SPO requires one (1) hard copy of all the original documents and a compact disk mailed to Blane Rice, NC Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. Once received, SPO will issue authorization for payment. 1. Recorded Conservation Easement in Adobe PDF form 2. Recorded Survey Plat in Adobe PDF form 3. Updated digital easement file in AutoCAD (.dwg) and ArcMap (.shp) format 4. Final attorneys report on title based on 30 -year search with deeds and documentation. Additionally, the following must be satisfied during Task 2: 5. Original title insurance policy shall be forwarded to SPO as soon as it is available to Blane Rice. 6. Provide the name, address, phone number, and e-mail address (if available) of each grantor via electronic communication to SPO and DMS. 7. Install survey monumentation and conduct boundary marking with the following specifications: The Contractor shall set 5/8" rebar 30" in length with 3-1/4" aluminum caps on all easement corners. Caps shall meet DMS specifications (Berntsen RBD5325, imprinted with NC State Logo # B9087 or equivalent). After installation, caps shall be stamped with the corresponding number from the table of coordinates on the survey. • The Contractor shall place a 6 -foot tall durable witness post at each corner in the conservation easement boundary. Posts shall be made of material that will last a minimum of 20 years. • The Contractor shall attach a conservation easement sign to each witness post and place additional signs at no more than 200 -foot intervals on long boundary lines. When applicable, the Contractor can mark existing trees (>3dbh) with conservation easement signs and/or blaze property lines at approximate eye level in lieu of line posts. Where applicable, established fence posts can be used for placement of signage. ALLOWANCES: 1. The contractor may elect to install monumentation and boundary marking during Task 5 preparation. No payment for Task 5 will be approved prior to installation. 2. The original title insurance policy(ies) must be received prior to payment for the Task 5 deliverable. 3. The contractor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement forfinancial assurance (See Section 6.2 FINANCIAL ASSURANCE) prior to completion of Task 2. Please be advised, however, that subsequent failure of the contractor to convey an acceptable conservation easement to the State of North Carolina, or to provide for the Long -Term Protection of the site through other methods acceptable to DMS, will require the contractor to fully reimburse the State for any payment(s) made to the contractor for completion of Task 3. RECOMMENDATIONS: The following recommendations are based on previous mitigation project experience. These practices are proven to benefit overall project cost, save time, protect mitigation credit, and lend favor during regulatory close-out consideration. 1. Simplified project boundaries with lines greater than 200 feet and with fewer corners minimizes Ver: 9/30/16 Page 16 of 44 RFP Number: 16-007279 Vendor: encroachments, protects mitigation assets, lowers fencing costs, and makes it easier for adjacent landowners to understand boundaries. 2. Culverts are often preferred over ford crossings to encourage aquatic passage and minimize stream impact. 3. Fence type established should be based on landowner and livestock needs. In general, well-built fences will provide less opportunity for encroachment, better maintenance, and long term protection of property. 4. Carefully locating fences for long-term maintenance lessens impact to the conservation easement. 5. Using the survey plat as baseline documentation for existing roads, paths, trails, or other items of note provides a reference for long-term stewardship and landowners. 6.Woven wire and multi -strand barbed wire fencing installed in accordance to NRCS standards are proven fencing methods during project closeouts. Past projects with electrified high tensile have experienced many difficulties during monitoring and closeout. The contractor should discuss fencing options with landowners; however, continue to be cognizant of mitigation credit protection and long term stewardship. TASK 3 Develop a site-specific mitigation plan, as appropriate for each site and submit it to the DMS for review, comment, and approval. DMS requires three (3) hard copies and one (1) pdf file on a USB flash drive of the "Draft' mitigation plan. After "Draft" approval, DMS requires five (5) hard copies and one (1) pdf file on a USB flash drive (which can be sent electronically if preferred) of the "Final Draft' mitigation plan which will be posted on the DMS Portal for review by the IRT. Following IRT approval, DMS requires two (2) completed Pre -Construction Notice (PCN) forms with DMS named as the "permittee" and the Vendor as "agent', six (6) hard copies and one (1) USB flash drive with the .pdf files of the "Final' mitigation plan and the PCN. FINANCIAL ASSURANCE is also due as part of this deliverable. TASK Secure all other necessary permits and/or certifications (i.e. Erosion and Sedimentation Control permit, etc.). Submit one (1) copy of all applicable permits, certifications, etc. to DMS prior to implementation of the earthwork portion of the mitigation project. Upon completion of earthwork, notify DMS in writing of completion date and submit payment request (invoice). TASK 5 Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six months before vegetation monitoring activities are conducted at the end of the growing season. Upon completion of planting and installation of monitoring devices/plots, notify DMS in writing of completion date and submit payment request. TASK 6 DMS requires three (3) hard copies of the "Draft' baseline monitoring document and "Draft' as - built drawings. After "Draft' approval, DMS requires three (3) hard copies and one (1) pdf file on a USB flash drive (which can be sent electronically if preferred) of the "Final' baseline monitoring document and the as-builts. The as -built drawings (final record of project construction) should be submitted with the following criteria: a. Pre -Construction Plan design b. As -built survey (on same sheets as Pre -Construction Plan design) C. Must bear Professional Land Surveyor (PLS) seal and/or Professional Engineer (PE) seal where applicable d. Annotation and corrections of the Pre -Construction Plan design TASKS 7-13 (7 years monitoring). DMS requires five (5) hard copies and one (1) .pdf formatted copy on a USB flash drive (which can be sent electronically if preferred) of the yearly monitoring reports. Monitor the mitigation site as stipulated in the mitigation plan and baseline monitoring report to assess the success of the restored site for a period consistent with regulatory guidance. Each annual monitoring report must be submitted to the DMS by December 1St of the year during which the monitoring was conducted. The 7th year monitoring report (or final year in cases where monitoring has been extended beyond 7 years) must include a closeout report that provides an assessment of the monitoring data collected from the entire monitoring period. The contracted firm must attend closeout meetings and present final project to the IRT both in a closeout meeting at a site to be named later and on the project site, following all DMS closeout procedures and templates. Ver: 9/30/16 Page 17 of 44 RFP Number: 16-007279 Vendor: 3.3 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES 'Vendor is only eligible for payment after DMS has approved the task/deliverable. *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task maybe made if a suitable contingency plan is submitted to and accepted by the DMS. 'For any year, beginning with delivery of task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be made following IRT yearly release of the credits. 4.0 ADMINISTRATIVE TERMS 4.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 4.2 CONTRACT TERM The Contract shall have a maximum term of up to 10 years, beginning on the date of contract award (the "Effective Date"). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. 4.3 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT C: PRICING FORM and include in Proposal. 4.4 ACCEPTANCE OF WORK Acceptance of work by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise all rights hereunder, including, fordeliverables, such rights provided bythe Uniform Commercial Code as adopted in North Carolina. Ver: 9/30/16 Page 18 of 44 Project Milestones and Payment Schedule Task Project Milestone Payment" (% of Contract Value*) 1 Categorical Exclusion Document 5 2 Submit Recorded Conservation Easement on the Site 20 3 Mitigation Plan (Final Draft) and Financial Assurance 15 4 Mitigation Site Earthwork completed 15 5 Mitigation Site Planting and Installation of Monitoring Devices 10 6 Baseline Monitoring Report (including As -Built Drawings)' 10 7 Submit Monitoring Report #1 to DMS (meets success criteria*)' 5 8 Submit Monitoring Report #2 to DMS (meets success criteria*)' 2 9 Submit Monitoring Report #3 to DMS (meets success criteria*)' 2 10 Submit Monitoring Report #4 to DMS (meets success criteria*)' 2 11 Submit Monitoring Report #5 to DMS (meets success criteria*)' 2 12 Submit Monitoring Report #6 to DMS (meets success criteria*)' 2 13 Submit Monitoring Report #7 to DMS and complete project Close- Out process (meets success criteria*)' 10 TOTAL 100 'Vendor is only eligible for payment after DMS has approved the task/deliverable. *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task maybe made if a suitable contingency plan is submitted to and accepted by the DMS. 'For any year, beginning with delivery of task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be made following IRT yearly release of the credits. 4.0 ADMINISTRATIVE TERMS 4.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 4.2 CONTRACT TERM The Contract shall have a maximum term of up to 10 years, beginning on the date of contract award (the "Effective Date"). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. 4.3 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT C: PRICING FORM and include in Proposal. 4.4 ACCEPTANCE OF WORK Acceptance of work by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise all rights hereunder, including, fordeliverables, such rights provided bythe Uniform Commercial Code as adopted in North Carolina. Ver: 9/30/16 Page 18 of 44 RFP Number: 16-007279 Vendor: 4.5 DOWNWARD PAYMENT ADJUSTMENTS Payment by the Department will be based on the number of credits the vendor delivers at the credit price first established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal. To ensure that the Department does not overpay at the end of the process, periodic adjustments may be made so that the final total payment equals the final number of mitigation credits, as determined by the IRT, delivered by the vendor multiplied by the original per credit price. Payment adjustments may be made after the initial contract is executed based on the number of mitigation credits the project is anticipated to provide as documented after contract execution, including but not limited to: completion of the mitigation plan; site restoration (earthwork/planting), completion of the baseline monitoring document; the post construction monitoring period, and/or after final determination/release of mitigation credits by the IRT. 4.6 INVOICES a) Invoices are to be submitted for the Contract Administrator's review after NCDMS approval of each individual task/deliverable. b) The Vendor must follow the NCDMS Invoice Guidelines dated March 1, 2014. c) Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. d) Invoices must bear the correct contract number to ensure prompt payment. The Vendor's failure to include the correct contract number may cause delay in payment. e) Invoices must be submitted to the following address: NC Department of Environmental Quality Division of Mitigation Services Attn: Debby Davis 1652 Mail Service Center Raleigh, NC 27699-1652 4.7 PAYMENT TERMS a) The Vendor will be compensated at the rates quoted in the Vendor's Cost Proposal. b) The Vendor will be paid net thirty (30) calendar days after the Vendor's invoice is approved by the State. 4.8 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: Total cost to the State Level of quality provided by the Vendor Process and performance capability across multiple jurisdictions Protection of the State's information and intellectual property Availability of pertinent skills Ability to understand the State's business requirements and internal operational culture Particular risk factors such as the security of the State's information technology Relations with citizens and employees Contract enforcement jurisdictional issues 4.9 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor's responsibility to read the Instructions, the State's terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. Ver: 9/30/16 Page 19 of 44 RFP Number: 16-007279 Vendor: If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with in the instructions in Section 2.2 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the points raised, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation of specific components of the Contract that have been addressed during the question and answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor's proposal. This applies to any language appearing in or attached to the document as part of the Vendor's proposal that purports to vary any terms and conditions or Vendors' instructions herein or to render the proposal non-binding or subject to further negotiation. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor's proposal as nonresponsive. 4.10 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Terms and Conditions. The use of phrases such as "shall," "must," and "requirements" are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department's needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 5.0 PROPOSAL OPENING. EVALUATION PROCESS AND METHOD OF AWARD 5.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date proposals are opened through the date the contract is awarded each Vendor submitting a proposal (including its representatives, sub -vendors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor's office), or private entity, if the communication refers to the content of Vendor's proposal or qualifications, the contents of another Vendor's proposal, another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State's discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the state would not be served by the disqualification. A Vendor's proposal may be disqualified if its sub - vendor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 5.2 PROPOSAL OPENING PROCESS Proposals will be received from each Vendor in two separate, sealed packages - the Technical Proposal and the Cost Proposal. Each original of both proposals (Technical and Cost) shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained in the technical proposal. Inclusion of any cost information in the technical proposal and/or any technical information in the cost proposal shall constitute sufficient grounds to reject Vendor's proposal. All proposals must be received by the issuing agency no later than the date and time specified on the cover sheet of this RFP. Ver: 9/30/16 Page 20 of 44 RFP Number: 16-007279 Vendor: At that date and time, the package containing the technical proposals from each responding firm will be publicly opened and the name of each Vendor announced publicly. A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed in safekeeping and opened at a later date. 5.3 EVALUATION PROCESS The State will conduct a Two -Step evaluation of the Proposals received. The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State reserves the right to waive any minor informality or technicality in proposals received. All technical proposals will be evaluated prior to opening any cost proposal. Upon completion of the technical evaluation, the cost proposals of those Vendors whose technical proposals have been deemed acceptable will be publicly opened. The total cost offered by each firm will be tabulated and become a matter of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor's pricing position. At their sole option, the evaluators may request oral presentations or discussion with any or all Vendors for clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not; therefore, all proposals must be complete and reflect the most favorable terms available from the Vendor. Vendors are cautioned that this is a request for proposals, not a request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals to submit best and final offers (BAFOs), prepared in collaboration with the State after the initial responses to the RFP have been evaluated and determined to be unsatisfactory. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. 5.4 EVALUATION CRITERIA All qualified proposals will be evaluated and award made based on the following criteria considered, to result in an award most advantageous to the State. A proposal may be rejected during any phase of review if the PRC determines that the proposal has not provided the requested information in the specified format, has determined that the firm is not qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation indicated in the proposal. Each proposal will be reviewed and assigned a proposal rating prior to opening any cost proposal. Proposals will generally be evaluated per completeness, content, experience with similar projects, ability of the offer or and its staff, and cost. Specific evaluation criteria are listed below. Technical a) Technical Proposals will be reviewed for length, format requirements and qualifications of firm and project approach by the PRC. Only vendors who meet these initial qualifications will move forward. b) Upon completion of the initial review, a field review and evaluation of the proposed site will be conducted by the PRC. c) Each Vendor will be scored based on the Technical Scoresheet located in Attachment I of this RFP. Ver: 9/30/16 Page 21 of 44 RFP Number: 16-007279 Vendor: Price a) Sealed cost proposals for all proposals still under consideration will be opened and tabulated. b) The adjusted credit cost is a combined technical and cost measure. This is a best value determination by NCDMS after evaluating all factors in the technical proposal and then evaluating the cost proposal. The adjusted unit cost will be calculated and determined using the following formula: Unit Cost _ Proposal Rating (Technical Score) All sites will be ranked by the lowest adjusted credit cost. 5.5 METHOD OF AWARD The NCDMS Procurement Manager and the Director, will analyze the ranked sites, determine the proposal selections and submit recommendations to the Department and the Department of Administration, Purchase & Contract section, as required, for approval, considering the following information: ■ adjusted credit cost ■ credit cost ■ available funds ■ mitigation needs at the time of selection ■ the best interest of the State of North Carolina While the intent of this RFP is to award a Contract to single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. 6.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.2. 6.1 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. DMS reserves the right to ask for additional financial data if clarification is needed. 6.2 FINANCIAL ASSURANCE The vendor must provide financial assurance in one of the following forms: 1) Performance Bonding-- The vendor must provide security in the form of an acceptable performance bond as described in the following paragraph to guarantee delivery of the maximum number of originally contracted credits. The performance bond must be obtained from a company licensed in North Carolina as shown in the Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a surety may not exceed the "underwriting limitation" for the surety as identified in the Federal Treasury Listing. Although this RFP is a request for mitigation and not construction, the performance bond shall follow the prescribed wording provided in N.C.G.S. § 44A-33. The performance bond must be for 55% of the total value of the contract and must be in effect and submitted with the Task 3 deliverable before DMS will authorize payment for that deliverable. The bond must remain in effect until the vendor has received written notification from the DMS that the requirements of Task 6 (submittal of baseline monitoring report) have been met (the Ver: 9/30/16 Page 22 of 44 RFP Number: 16-007279 Vendor: financial assurance document must indicate that it is in effect through approval of task 6 and must include the NCDEQ contract number). After the successful completion of Task 6, the bond can be retired. 2) Letters of Credit- LDCs must be drawn from a reputable bank identified by the FDIC as "Well Capitalized" or "Adequately Capitalized" and follow the submittal timing, contract amounts and schedules as those described above for the performance bonds. Evergreen or irrevocable LDCs shall be required to provide a 120- day notice of cancellation, termination or non -renewal. 3) Casualty Insurance on underlying performance of credits of mitigation, must follow the same submittal timing, contract amounts and reduction schedules as those described above in performance bonds. The insurance must contain the following information: The "NCDEQ" must be named as the "Regulatory Body". NCDEQ shall have the sole right to place a claim against the policy. NCDEQ shall have the sole right and obligation as the responsible "regulatory body"to approve any claim settlement, The insurance amounts and duration must follow the same as described above in performance bonds. 6.3 REFERENCES The State reserves the right to request and verify references. Upon request references, must be submitted within 3 business days. Failure to provide references will cause your proposal to be rejected. 6.4 ACCESS TO PERSONS AND RECORDS Pursuant to Item # 11 of the North Carolina General Terms and Condition, the State Auditor and the using agency's internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statue 147-64.7 and Session Law 2010-194. Section 21 (i.e., the State Auditors and internal auditors may audit the records of the Vendor during the term of the contract to verify accounts and data affecting fees or performance). Vendor shall retain all records for a period of six (6) years following completion of the contract or until any audits begun during this period are completed and findings released. 6.5 BACKGROUND CHECKS Any personnel or agent of the Vendor performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the State. These background checks may be performed for the following: (a) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term "regulatory sanctions" includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; (b) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none. 6.6 SUBSTITUTION OF PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Administrator. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor's recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract services provided by such personnel. 6.7 VENDOR'S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide services under this Contract in a professional manner. "Professional manner" means that the personnel performing the services will possess the skill and competence Ver: 9/30/16 Page 23 of 44 RFP Number: 16-007279 Vendor: consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under this Contract. Vendor will serve as the prime vendor under this Contract and shall be responsible for the performance and payment of all sub- vendor(s) that may be approved by the State. Names of any third -party vendors or sub -vendors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor's obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed to incorporate any work by third party sub-vendor(s). b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor's proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub -task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all its own necessary equipment, management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. 7.0 CONTRACT ADMINISTRATION 7.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to the State a project manager. The project manager shall be the State's point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. Vendor must complete a copy of ATTACHMENT F: Additional Vendor Information and return with bid. 7.2 REPORTS Reports shall be submitted well organized and easy to read. The Vendor shall submit the reports in a timely manner and on a regular schedule as specified by this RFP. 7.3 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the State's Contract Lead for resolution. A claim by the State shall be submitted in writing to the Vendor's Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 7.4 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. 7.5 CONTRACT ADMINISTRATOR Kristie Corson is designated as the contract administrator for the Department for the purposes of this RFP. Attachments to this RFP begin on the next page. Ver: 9/30/16 Page 24 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT A: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor's responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the State reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non- compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the State, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the State. 5. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT A: INSTRUCTIONS TO VENDORS; and (5) Vendor's Proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration. 8. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following: • All copies of the proposal are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post -consumer content of 30%. • Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non -recyclable or non - reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three -ringed binders, glued materials, paper clips, and staples are acceptable. • Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. 9. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150 (1999), the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 10. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. The "Principal Place of Business" is defined as that principal place from which the trade or business of the Vendor is directed or managed. Ver: 9/30/16 Page 25 of 44 RFP Number: 16-007279 Vendor: 11. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 12. PROTEST PROCEDURES: When a Vendor wishes to protest a Contract resulting from this solicitation that is awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party's claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. 13. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns, and the singular of any word or phrase shall be read to include the plural and vice versa. 14. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the State concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor's proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this RFP. Vendors not in compliance with this provision may be disqualified, at the option of the State, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 15. TABULATIONS: Proposal tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter the proposal number, and then search. Tabulations will normally be available at this website not later than one working day after the proposal opening. Lengthy or complex tabulations may be summarized, with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 16. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP) allows Vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website https://www.ips.state.nc.us/. 17. WITHDRAWAL OF PROPOSAL: a Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendor's letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 18. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the State during the competitive process or after award. The State is bound only by information provided in this RFP and in formal Addenda issued through IPS. Ver: 9/30/16 Page 26 of 44 RFP Number: 16-007279 Vendor: 19. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor's sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred prior to award. 20. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 21. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself. 22. INSPECTION AT VENDOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. This Space is Intentionally Left Blank Ver: 9/30/16 Page 27 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT B: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS PERFORMANCE AND DEFAULT: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event and subject to all other provisions of this contract, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive compensation for units actually produced, if any, in an amount determined by reducing the total amount due had the full number of Units been produced pro rata, such that the ratio of the final compensation actually paid to the original total amount due in accordance with Attachment C (as amended, if applicable) is equal to the ratio of the Units actually generated to the total Units identified in Attachment C. Notwithstanding any other provision in this agreement, Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of this contract, and the State may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from such breach can be determined. The State reserves the right to require at any time a performance bond or other acceptable alternative guarantees from a successful Vendor without expense to the State. In case of default by the Vendor, the State may procure the services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Vendor under this contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate this contract for cause, and may act to debar the Vendor from doing future business with the State 2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the goods or services offered prior to their delivery, it shall be the responsibility of the Vendor to notify, in writing, the Contract Lead at once, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. 3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in this contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a. G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media -assisted, media -facilitated, or media -solicited means. By execution of the proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. b. All agencies participating in this Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c. Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. SITUS: The place of this Contract, its situs and forum, shall be North Carolina, where all matters, whether sounding in Contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined. 6. GOVERNING LAWS: This Contract is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to is conflict of laws rules. 7. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, Ver: 9/30/16 Page 28 of 44 RFP Number: 16-007279 Vendor: whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. 8. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. 9. INTELLECTUAL PROPERTY INDEMNITY: Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or unpatented invention, articles, device or appliance delivered in connection with this contract. 10. ADVERTISING: Vendor agrees not to use the existence of this Contract or the name of the State of North Carolina as part of any commercial advertising or marketing of products or services. A Vendor may inquire whether the State is willing to act as a reference by providing factual information directly to other prospective customers. 11. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency's internal auditors shall have access to persons and records related to this Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 12. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the State may: a. Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check. In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported assignment made in violation of this provision shall be void and a material breach of this Contract. 13. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a. Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Vendor's employees who are engaged in any work under the Contract. If any work is sub -contracted, the Vendor shall require the sub -Contractor to provide the same coverage for any of his employees engaged in any work under the Contract. b. Commercial General LiabilitV - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) C. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned Ver: 9/30/16 Page 29 of 44 RFP Number: 16-007279 Vendor: vehicles, used in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of this Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor's liability and obligations under the Contract. 14. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of Vendor goods or services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Contract. 15. INDEPENDENT CONTRACTOR: Vendor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Vendor represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such employees shall not be employees of, or have any individual contractual relationship with the State. 16. KEY PERSONNEL: Vendor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the State's assigned Contract Lead. The individuals designated as key personnel for purposes of this contract are those specified in the RFP and persons identified in Vendor's proposal. 17. SUBCONTRACTING: Work proposed to be performed under this contract by the Vendor or its employees shall not be subcontracted without prior written approval of the State's assigned Contract Administrator. Unless otherwise indicated, acceptance of a Vendor's proposal shall include approval to use the subcontractor(s) that have been specified therein in accordance with paragraph 20 of Attachment A: Instructions to Vendor. 18. TERMINATION FOR CONVENIENCE: The State may terminate this contract at any time by providing _ days' notice in writing from the State to the Vendor. In that event, all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the State, become its property. If the contract is terminated by the State as provided in this section, the State shall pay for services satisfactorily completed by the Vendor, less any payment or compensation previously made. 19. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under this contract shall be kept as confidential, used only for the purpose(s) required to perform this contract and not divulged or made available to any individual or organization without the prior written approval of the State. 20. CARE OF PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any property furnished it by the State for use in connection with the performance of this contract or purchased by or for the State for this contract, and Vendor will reimburse the State for loss or damage of such property while in Vendor's custody. 21. PROPERTY RIGHTS: All deliverable items and materials produced for or as a result of this contract shall become the property of the State, and Vendor hereby assigns all ownership rights in such deliverables, including all intellectual property rights, to the State; provided, however, that as to any preexisting works imbedded in such deliverables, Vendor hereby grants the State a fully -paid, perpetual license to copy, distribute and adapt the preexisting works. Ver: 9/30/16 Page 30 of 44 RFP Number: 16-007279 Vendor: 22. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to relocate or outsource any portion of the work to a location outside the United States, or to contract with a subcontractor for the performance of any work, which subcontractor and nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained from the State agency responsible for the contract. Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing services under a State contract to a location outside of the United States. 23. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with this contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 24. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any addenda thereto, and the Vendor's proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 25. AMENDMENTS: This contract may be amended only by a written amendment duly executed by the State and the Vendor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office. 26. WAIVER: The failure to enforce or the waiver by the State of any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right, breach or default on any subsequent occasion or instance. 27. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 28. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in this contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity that otherwise would be available to the State under applicable law. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Ver: 9/30/16 Page 31 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT C: PRICING RFP# 16-007279 RFP TITLE: FULL DELIVERY PROJECTS TO PROVIDE STREAM, RIPARIAN WETLAND AND NON - RIPARIAN WETLAND MITIGATION CREDITS WITHIN CATALOGING UNIT 03020201 OF THE NEUSE RIVER BASIN AS DESCRIBED IN THE SCOPE OF WORK A Separate Sealed Cost Proposal Is Required For Each Proposed Site And For Each Option Proposed For ASite. VENDOR MUST LIST ON THE FRONT OF EACH SEALED COST PROPOSAL ENVELOPE, The Site Name/Location And Option Number (If Applicable) Must Be Indicated. All costs related to the mitigation offered must be included in this SEALED COST PROPOSAL. No additional charges for travel, per diem, or cost of any services will be allowed. Cost will be a major factor in the selection of proposals. ALL Sealed Cost Proposals will be compared to mitigation cost data maintained by the NCDMS. SITE NAME OPTION PROPOSED COST GRAND TOTAL: RIPARIAN BUFFER CREDIT OFFER FOR POSSIBLE FUTURE PURCHASE CREDIT COST ($/CREDIT) Printed Name of Authorized Representative Signature of Authorized Representative Company Name (Printed) Date Ver: 9/30/16 Page 32 of 44 STREAM CREDITS RIPARIAN WETLAND CREDITS NON -RIPARIAN WETLAND CREDITS TOTAL CREDITS CREDIT COST $/CREDIT TOTAL COSTS GRAND TOTAL: RIPARIAN BUFFER CREDIT OFFER FOR POSSIBLE FUTURE PURCHASE CREDIT COST ($/CREDIT) Printed Name of Authorized Representative Signature of Authorized Representative Company Name (Printed) Date Ver: 9/30/16 Page 32 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? ❑ YES ❑ NO If the Vendor answered "YES" above, Vendor must complete items 1 and 2 below: List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub -Contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub -Contractors that will perform work outside the U.S.: b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub -Contractors of the Vendor, or other persons ❑ YES ❑ NO performing services under the Contract outside of the United States NOTE: All Vendor or sub -Contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. c) Identify all U.S. locations at which performance will occur: This Space is Intentionally Left Blank Ver: 9/30/16 Page 33 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: The undersigned hereby certifies that: [check all applicable boxes] ❑ The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: ❑ The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. ❑ The Vendor is current in all amounts due for payments of federal and state taxes and required employment-related contributions and withholdings. ❑ The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. ❑ The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract. ❑ He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This is a continuing certification and Vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein. If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason in the space below: Signature Date Printed Name Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver: 9/30/16 Page 34 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT F: ADDITIONAL VENDOR INFORMATION VENDOR'S INFORMATION Vendors Primary Contact (or Project Manager) Name: Agency: Title: Address: City: State/ Zip: Telephone: Fax: Email: Vendors Execution Address (Where the contract should be mailed forsignature) Name: Agency: Title: Address: City: State/ Zip: Telephone: Fax: Email: Vendors Payment (Remit -To) Address (Where the checks should be mailed) (This address should agree with the "Remit -To" address associated with the Vendor's Tax ID. This information must be verified with the Vendor's Corporate Accounting Office) Name: Agency: Title: Address: City: State/ Zip: Telephone: Fax: Email: Ver: 9/30/16 Page 35 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT G: CERTIFICATION OF ELIGIBILITY -IRAN DIVESTMENT ACT CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act As provided in G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 et seq.* requires that each Vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the Vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the Vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification. Vendor: By: Signature Date Printed Name Title The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address httos://www.nctreasurer.com/inside-the-department/ODenGovernment/Paaes/Iran-Divestment-Act- Resources.aspx, which will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814-3852. * Note: Enacted by Session Law 2015-118 as G.S. 143C-55 et seq., but renumbered for codification at the direction of the Revisor of Statutes Ver: 9/30/16 Page 36 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT H: TARGETED LOCAL WATERSHED MAPS Neuse 03020201 Full Delivery RFP Targeted Watersheds for Cataloging Unit 03020201 HUC # LWP RWP HUC# LWP RWP 03020201010030 No No 03020201100040 No Yes 03020201010050 No No 03020201100050 No Yes 03020201020010 No No 03020201110010 Yes Yes 03020201020020 No No 03020201110020 Yes Yes 03020201020040 No No 03020201110030* No Yes 03020201030030 No No 03020201110040 No Yes 03020201030020 No No 03020201110050 No Yes 03020201030040 No No 03020201110060* No Yes 03020201030050 No No 03020201110070 No Yes 03020201040020 No No 03020201120010 No Yes 03020201050010 Yes No 03020201120020 No Yes 03020201050020 Yes No 03020201120030 No Yes 03020201050030 Yes No 03020201130030 No No 03020201060010 Yes No 03020201140010 No No 03020201060020 No No 03020201150010 No No 03020201065030 No No 03020201150020 No No 03020201065040 No No 03020201150040 No No 03020201070060 No No 03020201150050 No No 03020201070070 No No 03020201160010 No No 03020201070080 No No 03020201180010 No No 03020201070110 No No 03020201180020 Yes Yes 03020201090010 No No 03020201180030* No Yes 03020201100010 Yes Yes 03020201180040* No Yes 03020201100020 Yes Yes 03020201180050 Yes Yes 03020201100030 Yes Yes 03020201200030 No No *Targeted Resource Areas (Habitat) Ver: 9/30/16 Page 37 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT H: TARGETED LOCAL WATERSHED MAPS Targeted Watersheds for Neuse 03020201 PA'S r- .f N.VC]tLN VANCL Ck I� Lake Rogers +.It.1 I I. 3� �f lriltiva,,5:ry � LWP 020010 1005- 020020 040020, f - i 02004 030030 060020 rr+ 03002Q .- 300 030040 rRRF 1.IN o Wake/Johnston Ellerbe w o , ' ` Collaborative LWP �t Creek LWP 065030 070070 180010 h Little Lick - Creek LWP I ; :,,, 080M., -- -r ` 7011 � _ r alai;; Lick Creek '�00mo. 1 F LWP Upper Swift 120010 100 180040 - `- Creek LWP 0 120020 10060 �o - % 120030 i r 130030 140010 � Legend 15no100 150020 200030 . Regional Watershed Plan CatalogingUnit150050 14 -Digit Hydrologic Unit 150040 Target Local Watersheds f Targeted Resource Area (Habitat) Local Watershed Plans 1 _ Municipal Boundary 0 5 10 20 Miles Ver: 9/30/16 Page 38 of 44 RFP Number: 16-007279 Vendor: ATTACHMENT I: TECHNICAL EVALUATION SCORESHEET Important Notes/Guidance 1. Projects MUST be located within DMS Targeted Local Watersheds within Neuse 03020201. Projects located within Local Watershed Planning (LWP) or Regional Watershed Plan (RWP) HUCs may receive additional points,as noted in Section 1.0 of this Technical Proposal Rating Form (or "scoresheet"). 2. Questions in sections 1 through 4 are required and MUST be addressed in the proposal. BONUS questions in Section 5 (after the required section) may receive additional points, but will NOT disqualify a Provider's proposal if unanswered or not applicable. Bonus questions can add up to 7 points to the total score. Technical Proposal Evaluation Criteria Neuse 03020201 Rating Form Offeror: Site Name: River Basin / Catalog Unit: RFP Number: Date of Site Evaluation: Type/Amt of Mitigation Offered: Proposal Review Committee: Alternate Attendees: Overall Merit (Proposal Screening) Yes/No or N/A 1 -For stream mitigation projects, does the Technical Proposal adequately document the historical presence of stream(s) on the project site, and provide the drainage areas (acres) and provide accurate, process -based descriptions of all project stream reaches and tributaries? 2 -For proposals that include wetland mitigation, does the technical proposal adequately document the presence of hydric soil indicators (including soil boring logs prepared by a Licensed Soil Scientist and a map showing soil boring locations and mapped soil series)? 3 -For proposals that include wetland mitigation, does the proposed success hydroperiod exceed the 5% minimum and is it appropriate for the project site and soil series? If the proposed hydroperiod differs from the 2016 IRT guidance, justification must be provided in the RFP. 4 -Does the proposal adequately document the physical, chemical and/or biological impairments that currently exist on the project site? 5 -Does DMS agree with the overall mitigation approach (proposed levels of intervention) presented? [The Technical Proposal must demonstrate that the proposed mitigation activities are appropriate for existing site conditions and watershed characteristics (e.g., adjacent land use/land cover), and are optimized to yield maximum functional gains.] 6 -Does DMS agree with the proposed credit structure(s) described in the proposal? 7 -Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams? 8 -Does the proposal adequately describe how the project will advance DMS watershed planning goals? 9 -For any proposed Priority II restoration, are all the following elements included in the proposal OR is Priority 2 stream restoration limited to "tie-ins" (designed tributary confluences)? - Floodplain bench grading will extend a minimum 1.5 bankfull widths beyond the stream belt -width (no meanderingfloodplains — see Diagram below). -The floodplain will be over -excavated to accommodate replacement of topsoil. -The design and construction oversight will ensure the management of topsoil to include the harvest and segregated stockpiling of A and B soil horizons for placement on excavated floodplain features. -The slopes between the outer edge of floodplain grading and the terrace will be a minimum of 5:1. Note: An answer of No in this section means the Technical Proposal is rejected. Continue or Reject? Ver: 9/30/16 Page 39 of 44 RFP Number: 16-007279 Vendor: Section 1.0 - Watershed Module [40 Points Possible] REQUIRED Projects Located outside of LWP or RWP 1 For proposed projects located outside of a Local Watershed Plan (LWP) or Regional Watershed Plan (RWP) area -- but within another targeted HUC (TLW, TRA) -- to what extent does the project support the CU -wide watershed improvement goals? The following are CU -wide and TLW goals: 1 -reduce & control sediment inputs; 2 - reduce & manage nutrient inputs; 3 - augment designated Significant Natural Heritage Areas ; 4 - Contribute to protection of or improvements to a Water Supply Waterbody. [Provider must describe specific elements/features of the current site conditions and proposed project design that will contribute substantially to meeting these goals.] ct addresses fewer than 2 Roals 1 point Project addresses 3 of 4 goals 5 points Project addresses 4 of 4 goals 10 points 2 For projects located within a LWP, does the proposed project address watershed planning priorities identified in Findings and Recommendations Summary? These prioritieis include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --provides & improves instream habitat; 4 --provides & improves terrestrial habitat; 5-- improves stream and bank stability; 6 --improves hydrologic function; 7 --improves rare species habitat. To receive points, Provider must describe in detail how the proposed Project addresses fewer than 2 priorities 1 point Project addresses 2 to 3 of 7 of priorities. 5 points ct addresses 4 to 5 of 7 priorities. 15 points Project addresses 6 to 7 of 7 priorities 20 points n the For projects located within the RWP, does the proposed project address watershed planning priorities identified in the Preliminary Findings Report? These priorities include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --improves stream and bank stability; 4 --improves hydrologic function; 5 --improves riparian buffer condition. To receive points, Provider must describe in detail how the proposed project will contribute significantly to addressing identified stressors. ct addresses fewer than 2 priorities 1 point Project addresses 2 of 5 of priorities. 5 points lProject addresses 3 to 4 of 5 priorities. 15 points Project addresses 5 of 5 priorities. 20 points Ver: 9/30/16 Page 40 of 44 Diagram for Priority 11 Question Above. Priority 11 flecdplain bench 150 _dm- b -d— m�n�m oms 100 1 `Y 50 0.0.10 r.�224.6. _-` 1449,3.1 .0 0 / �i - } 1m $ 20 foot channelwidth -150 30 foot benchwidlh(1.S times <hannelwid[hl beyondthe betlwidth. -2m 0 100 200 300 400 5m Section 1.0 - Watershed Module [40 Points Possible] REQUIRED Projects Located outside of LWP or RWP 1 For proposed projects located outside of a Local Watershed Plan (LWP) or Regional Watershed Plan (RWP) area -- but within another targeted HUC (TLW, TRA) -- to what extent does the project support the CU -wide watershed improvement goals? The following are CU -wide and TLW goals: 1 -reduce & control sediment inputs; 2 - reduce & manage nutrient inputs; 3 - augment designated Significant Natural Heritage Areas ; 4 - Contribute to protection of or improvements to a Water Supply Waterbody. [Provider must describe specific elements/features of the current site conditions and proposed project design that will contribute substantially to meeting these goals.] ct addresses fewer than 2 Roals 1 point Project addresses 3 of 4 goals 5 points Project addresses 4 of 4 goals 10 points 2 For projects located within a LWP, does the proposed project address watershed planning priorities identified in Findings and Recommendations Summary? These prioritieis include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --provides & improves instream habitat; 4 --provides & improves terrestrial habitat; 5-- improves stream and bank stability; 6 --improves hydrologic function; 7 --improves rare species habitat. To receive points, Provider must describe in detail how the proposed Project addresses fewer than 2 priorities 1 point Project addresses 2 to 3 of 7 of priorities. 5 points ct addresses 4 to 5 of 7 priorities. 15 points Project addresses 6 to 7 of 7 priorities 20 points n the For projects located within the RWP, does the proposed project address watershed planning priorities identified in the Preliminary Findings Report? These priorities include: 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --improves stream and bank stability; 4 --improves hydrologic function; 5 --improves riparian buffer condition. To receive points, Provider must describe in detail how the proposed project will contribute significantly to addressing identified stressors. ct addresses fewer than 2 priorities 1 point Project addresses 2 of 5 of priorities. 5 points lProject addresses 3 to 4 of 5 priorities. 15 points Project addresses 5 of 5 priorities. 20 points Ver: 9/30/16 Page 40 of 44 RFP Number: 16-007279 Vendor: Section 2.0 - Uplift Potential Module [120 Points Possible] REQUIRED Stream (SMUs) Focus 1 What is the proportion of significant, obvious incision (BHR > "'1.5)? Less than 50% of the proposed footage exhibits significant, obvious incision. 1 point 50-75% of the proposed footage exhibits significant, obvious incision. 5 points >75% of the proposed footage exhibits significant, obvious incision. 15 points 2 What is the proportion of the existing condition proposed for treatment indicative of active bank erosion? Active bank erosion includes surficial scour (distinguished from bare banks), hyraulic and mechanical bank failures. Less than 20% active erosion. 1 point 20-50% active erosion. 5 points >50% active erosion. 15 points 3 What is the dominant buffer vegetation condition? Small woody Vegetation >30 feet in width (shrub, early successional trees). 1 point Small woody vegetation <30 feet in width or an herbaceous dominated condition; or mature trees are scattered and sparse within the proposed boundary (the proposed reach treatments could take place with minimal impacts to mature trees). 5 points No buffer vegetation, maintained cover, or grazed pasture; or impervious cover proposed for removal. 15 points 4 What is the percent of proposed easement length actively subject to water quality stressors that will be addressed by the project? [stressors within or immediately adjacent to easement may include pasture with direct livestock access, livestock exclusion but with poorly managed crossings, hydrologic bypass of buffers (e.g. the drains, discharge outfalls, hydrologic connections to livestock wallows or CAFO ponds), stormwater outfalls, adjacent row crops, maintained vegetation, or impervious surfaces within 30 feet of proposed easement boundary] Proportion of affected length less than 50%. 1 point Proportion of affected length 50-75%. 5 points Proportion of affected length >75%. 15 points The following multiplier is included to prevent a bias against stream projects that include appropriate levels of enhancement. TOTAL STREAM SMU FOCUS POINTS Ratio of Total LF to SMUs: SECTION 2 (Streams) TOTAL = Stream SMU focus total x Ratio of Total LF to SMUs(not to exceed 60 points) Ver: 9/30/16 Page 41 of 44 RFP Number: 16-007279 Vendor: Wetland (WMUs) Focus 1 What level of (negative) impact on water quality does the current land use within and immediately adjacent to the proposed easement have on the project (i.e., impervious surfaces, nutrient inputs, sediment inputs, or other land disturbing activities)? Low (little to no evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 1 point Moderate (evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system, i.e. ). 5 points High to Very High [direct and excessive evidence of nutrient, fecal coliform and/or sediment input. 15 points 2 For proposed wetland restoration/rehabilitation projects: existing condition of predominant wetland vegetation community. [Predominant means covering >50% of the area proposed for restoration and/or enhancement.] Wetland vegetation is present but is not reference quality. 1 point Wetland vegetation is present but is managed to prevent appropriate wetland community. 5 points Wetland vegetation is absent. 15 points 3 Confidence in existing wetland hydrologic condition and uplift potential. Hydrologic modifications to wetlands are described, but their location and extent are not clearly depicted. 1 point Hydrologic modifications to wetlands are described, and the effects and extents are clearly defined. 10 points Hydrologic modifications to wetlands are described, and the effects and extent are clearly defined and are supported with field data and/or modeled results. 15 points 4 Confidence in wetland hydroperiod for performance criteria. Success hydroperiods are based on a thorough modeling effort of the site such that a pre/post water budget is estimated and is appropriate for the setting and landscape position. 5 points Success hydroperiods are based on a thorough modeling effort of the site such that a pre/post water budget is estimated and is appropriate for the setting and landscape position, AND modeled results are supported with local reference gauge data. 15 points Ver: 9/30/16 Page 42 of 44 RFP Number: 16-007279 Vendor: Section 3.0- Implementation and Risk Module [35 Points Possible] REQUIRED 1 Does the proposed stream project provide Less than 25% of the RFP request (mitigation quantities?) 1 point Between 25 - 50% of the RFP re uest? 2 points Between 51- 90% of the RFP request? 5 points Greater than 90% of the RFP request? 10 points 2 Does the proposed wetland project provide Less than 15% of the RFP request (mitigation quantities?) 1 point Between 15 - 25% of the RFP request? 2 points Between 26 - 50% of the RFP request? 5 points Greater than 50% of the RFP request? 10 points 3 Physical constraints or barriers (i.e. utilities, culverts, property lines, easements, managed areas, etc.) that affect project design and effectiveness. [Percentages calculated based upon adding total linear footage of crossings, roadways, utilities, >10 % of the total project footage is segmented by 5-10 % of the total project footage is segmented by < 5% of the total project footage is segmented by Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints Section 4.0 - Provider Experience [15 Points Possible] REQUIRED 1 Similar mitigation projects completed by the Offeror (through at least 3 years of monitoring). Completed less than 5 mitigation projects. 2 points Completed more than 5 mitigation projects. 5 points 2 1 Experience of Project Team (people actually completing work) Project team contains at least two individuals with mitigation experience specific to project evaluation, All of the above and at least two projects brought to successful regulatory closure with the Interagency Review Team (IRT). 10 points REQUIRED SECTIONS TOTAL Ver: 9/30/16 Page 43 of 44 RFP Number: 16-007279 Vendor: Section 5.0 - Bonus Module (7 points possible) 1 �ls the proposed project located within a priority subwatershed within the LWP or RWP area?. 1 point 2 Does the proposal implement all or part of a project identified within the LWP or RWP Project Atlas? 1 point 3 For projects Located within or outside LWP (but still in a designated TLW): Does the project's conceptual design include one or more structural BMPs (other than livestock exclusion fencing and alternate watering) within or immediately upstream of the project easement such that nutrient and/or sediment inputs or hydraulic stresses from outside the project easement are more effectively addressed? [In rural subwatersheds, this would be agricultural BMPs; in urban/suburban watersheds, this would be stormwater BMPs.] The BMP locations and types should be clearly identified on a map figure in the proposal. 1 point. 4 Project each (es) are on or confluent to (directly discharge to) an impaired stream or waterbody. Impaired waters include those that are 303d listed (Category 5) or Category 4 waters, per the most recent Integrated Report (provided online by NC DWR). 1 point 5 Proposed project is on or drains to WS -classified reach(es) within a Water Supply watershed, as designated by NC DWR. 1 point 7 Ability to connect adjacent (having a common boundary with) natural habitats and extend wildlife corridors. 1 point 8 Proposed project boundaries are directly contiguous to (have a common boundary with) another protected property. Proposed project easement shares at least one boundary with a conservation easement that is not used for mitigation. 1 point Proposed project easement shares at least one boundary with another mitigation property (DMS project or approved Mitigation Bank site) with a permanent easement. 2 points 9 For stream or buffer mitigation projects on first order streams (headwater drainages), do project easements extend upstream toward drainage divides on all tributaries/reaches such that flow (whether perennial, intermittent or ephemeral) in >90% of all upstream channels is captured within the project easement(s)? [To receive points, Provider must include appropriate maps and calculations to demonstrate that this criterion is met.] 1 point. TOTAL BONUS POINTS Total Required Section Points (Maximum Possible = 210 Points) _ + Bonus Points (Maximum Possible = 7 Points) _ Total Points = Proposal Rating ( Score x 0.01) _ Comments: Ver: 9/30/16 Page 44 of 44