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HomeMy WebLinkAbout20160372 Ver 2_Stony Fork RFP Proposal_20160404MM==MV4hM= KCI RFP 16-006477 STONY FORK RESTORATION SITE Stream Mitigation Neuse River Basin - 03020201 Prepared for NC DEQ Division of Mitigation Services (DMS) Prepared by KCI Technologies, Inc. October 28, 2015 4644 b�E'X' Ld p TECHNICAL PROPOSAL FOR FULL DELIVERY PROJECT TO PROVIDE STREAM MITIGATION IN THE NEUSE RIVER BASIN CATALOGING UNIT 03020201 STONY FORK RESTORATION SITE TABLE OF CONTENTS Execution Page and Addenda Cover Letter Part I Executive Summary Part II Financial Statement Part III Corporate Background and Experience Part IV Project Organization Part V Technical Approach 1. Project Goals and Objectives 2. Project Description 3. Project Development 4. Proposed Mitigation 5. Current Ownership and Long Term Protection 6. Project Phasing 7. Success Criteria Part VI Quality Control Appendix A Historic Aerial Photos Appendix B Site Photographs Appendix C Executed Option to Purchase Easement Restrictions Appendix D Landowner Authorization Forms Appendix E Stream Classification Forms Appendix F Score Sheet Appendix G Nutrient Data EXECUTION PAGE AND ADDENDA EXECUTION OR PRC POISP L BY OIFREIRGR IMF IS MUST BEI REIL RNED WITH YOUR 118CF INCP L RROPC SAL ) IhEmEifare, in campllianaEi wilh this RequEisi 1Gn Puoplosals, anc sutjecrl to all aancitians herein, lho uncersiclnec ofleiis ,inc aigreEis, if this praplasal is acceplEid within one I'I I year ham the date of the aplenincl, to fuunish IlhEi subjErc� serviicEis per the atiaahec Sealed Cosi Rraplasal. OflEuum: KCI Technologies, Iric. CheckAFlpPiapriaic Siaitus— ElusinEiss ClwnEid,lClantiialleu StnErel on RC Elo): Abican American ] Hanc icaplplEid 460°1 Si) Fouks Road, E uite 220 Waman Ownec C'IhEm Minoui'ly Spleaif)I: Cily: Raleigh S1alEi: NC Zip Coce: 27609 Edephane N umter: 919-278-2500 Rax NurribEm: 919-783-9266 Prinaipail Plaiae of Business if difieirenl ham atovEi (Sea General Cii): Stale: Zipl CGdEr Inkmmalion an Subrvibing RrGpGsals, Nlerri '18;: NA Will any cil lhE1 wank uneeii this aanlract lie pertanmec (1u'l:1idE1 ihEi l nilec Sides? 111 yEis, c esarifie Yes Na in an aittaichmenl with yauii affer. X N.CI.GI.SI. § 131:1•,3 an( ExGULtNe Orden 214 puohibii the aflan ta, an aaaepltanae ty, any Slate Elrriplayee Gf any gift tam anyone with a uantnaail Hilh the Jtale, an horri any Penson soaking to da business with 'IhEi Slaie. Ely ereaulian c1 any uesplansEi in This praauiement, you arllest, fou yauu eniine Grclaniaartian arnc its emplayees un agents, than you are nal aiwane hal any such gift hats tEiEin G&InEid, acaeplec, an pnamisec ty any emplloyEies oilyaun oiKlaniaatian. Signature JAlutor' 0 iarl): i'lle: Vice Rresic ent ar P yp;�r Daia: Jeph e �//10-28-15 E ail ac ess: 0 V161 41 lae.pfeiffer@kci.corni K ersannelillncividual Assiclneu Ta This RFP By 11hEr C>fferar: Joseph J. Rfeifiler, , r. Title: Vice Presic errs EI -Mail ac dress: joe.pfeifilerrC k ai.aanri "THIS RAC 8 ML Sill BE SIC NED P 111 D 111 CLUDED IN N OUR 1 EICF NICD IL F RC PC SAIL' - FAILUR8110 SIGN AND FI811URN THIS RAGE] WITH YCIUR OIFflEIR WILL CAUSE YCIUR CIflRER 110 BE REUECTBD. RFP 161-00647171 Rage 29 crf '11'91 44'0F �- NC DENR North CEIrclina Department of Bnuircnment and Natural Resources Di%isioni of Mitigalian Services Rat MaCrary, Gavernian Michael 911isan, Direcllor Doriald R. van darVaarl, 9ecretaq my 16, ME THIS ADDENCUM MUSH BE RETURNED WITH YOUR 11ECHNICAIL PRCIPOSAL RRR NCI. 1El-OCIE1477 RRR TITLE: Ru 11 Delivery Prajecis To Riiavica Sineam Niiigaiiori Wiihin Clallalo im Unit 03(12(12(11 of th a Neu se Rivera Basin ADDENDUM NCI. CH USING Divisaian of Mitigation Services AGENCY: PURCHASER KATHN DALE C PENINCSerliemk an 171, 2019 @ 2:40 P.M. OA ITEnIIME: This ccunesponic encs serves as an ac c enc L rri to •I Fe su bjEiai RIRP. YaL n iieciplonse i o this RRP SH au Id k Ei gcavEnnec H y the cantEinrl oil Ilia original RFR anic the Revisians pravidec in ibis adc aridum riollicie. SOCTION 1- 1. REVISIONS / AODIITICINAL INRCIRMATION A. The SciorEISliEiei Has been revived for i his RRP. Please use the arae listed vis Ati acli ment Pal the and oil chis doaumenil ion y our k is SL b missian. B. Iri an EMbrt to imArave cusilamen serviae and access to irillormeilioni, DMS Has cevalaplec ari or line mapl cd 'larcletac \Aatensheds ibr each of the below nefeneriaec RFPs. THEi online mapl is inienic ad lobe an addiilianial llaol fon rinovicers, anic is NOT inienc ed to sLbsiihte far infanmallian incluc ed in Attaahmeni A of ilhe RRP. If 9here iv any discnerlanciy between the RFP and the aniline maplgincl, the RRP shell prevail. Please u se ih a follow ing link to acicesasi ilhis map: RRR # '16-a06,4 712 (Neu se 03CI21CI201 C. To viEiwa iHEi pnesEiritatioris fram ilhe . u ne 301h Neuseal Regiarial \ aten;if ad Mein stakeHalcer meEdirig pllease ga io IH a 1011owinicl mabpage: Hti p:iVportal.ricc enr.ora/w eb leep)lrt upWrieL se . 2. QUOSTICINS 81 ANSWERS Ch astiori 1: Cana firm wh iah neaeivac a aaninaat fnom EER is perform ai waiershec plan in a riven basin t allawec io eilsio nesploric lo a lull delivery RFP in ihai same basin? Answer. The link in the RRP is aaauratei. I'l isi also an thEi website now. CILeistiona 2: A plre-saliaitalioni fan the Neuse al in 2CH4 indicatec ihai signiiiliaarit amounilsi of sineam, weilanc and niparian tuffen avec iici Hiauld be neEiced. Only streams are requEisrlEid in this RFP, wiitfl pcitentia l for prcicL nemenai of riplanian buffle n crediis in the fLtL ne. In the Neu se 01 a IangEi pEuicEiritage of s-1 reams also have assaciaiec c rainec or c Eignac Eid niplariaan well lands. Th is RFR c cies not affen iH a ability all plrovidens to ca anything but cefen Qorwasiej pcdendial nipanian weilanic crediils wHen REIne is h igh aertairity cif fu to ne neec . WaL Id DMS or OCT aonsic er ac c ing w el lapid crediis to it h is RRP givers ihefutune demanica associatec with Nriawri or Hiclhly prEiciaiable miiigailion neecs,i til nol, wou Ic [IN S aonasiden ac d ing a SrlEicial Coric ition similar lo the ane adc Eic llor riplanian bufflen cnec iiia ion w ei landsil RFP 1EI-OCIE1477 Ac a enc a rra Na.1 PagEi 1 a] 3 Ar19WEIII: DMS caes rich ha%EI anywatlanic r1ElElc iorihis RFP. Question 3: Ruesiumeitly mast afthe cemanc fan tliEI Neuse RRA is camiricl llriom the remaining segment clftte 94(1 prajecl. M L cH oil i his area is art ani an su b u nbani in nature with h igH en percentages of irripleruiaus cioVElll. Same ollihe Atlas sites idenilifiec in tte Regional WaltensHed Plari Have mar '12% imFlerviaus. Please alarilly the iritEirit oil Elsiabliu frig a implervious clap. Ar swEIII: The areas with h iclher implervious raven ane iri riEiec oil mane ih alri ju si'l ilnac itioria l sitneam plrajEla'ls. At th is time, DM S caiririol clot milligal ion credit fare EIMP pinaciticie:i. DMS may canislic en tt Else areas in tt a fu 1 u ne. Questian 4: Iricanneat RFP nefereriae is cited at the bot am of Secticri 1 C Page 100) wHiah isi a submittal page. RoOlem is inconneat oni alternating plagles thnoughoui 1H EI RFIP. A8for NEluse 01. A riswen: Th EI correct RFIFI r u mb Em an a1I the EiVEIr pages at ou Ic be RFIP '16-CC164171 r at RFP 1EI-(ICIEI47EI. PadEi 3(1 ma} tEl conlElcied by the bidden to rielllect RFP 1EI-0(IE1477 (Please initial ahalrige; aria submitiec with youu tic. Qu Elstiari 5: Flight ncmi a pucjeci in the RWP can scone a rria) of 30 poiniis. If in an LWP a ppioject can sccme a max oll 39 point s. til in I: atF RWR aria L WR Il a max is still aplplears to be only .Ia plaints. Is ih is the inieni on c cies llhe pro%ider still get 10 points ilor 1.2 evari thou Ell' the qu esiian says la ga c inecllly to Banusl ClLasiiori 1.4? Please clarify. A niswer: A pinoOcer can arily gel plaints ilor either bElirig wiitt iri airi I"P or the RWP area- tut rial ba1H . So the mat is 30 wH icih woulc be applicable if they are located within iHEI RWFI anea. If ihEi pna,jeci is wilt in alri L"FI'hall is also wilt iri the RWP anea they shot, IC still only ac c ness QuEislians 1.4 — 'I .EI. Question EI: Please clarify if woven wire or barbed wire fencing is required for livestock exclusion as stated in paragraph 3 on page 17 of the RFP. Some new language under Recommendations on Page 13 states that "the fence type established should be based on landowner and livestock needs." Will electrified 5 -strand high tensile fencing be allowed when it is the best fencing for the site due to the restored creek being in a high flood area and the landowner strongly prefers such fencing? Alnsiweii: The RFP pplovicas reciommenc adonis for Task 2 Lased on DMS a>periElnicEI wiith the IRT. TH EI pIIIOVIC Eln is pplo\ iced fie>it: ility negarcinig landawiner puElfEmencie of fending INple, t L uliimatiely it is iHEI ue:iplanisiit ilily oil the pravic Elll to er siurEl mitigation ane( it ppioleciion. Cluestion 71: Tlladilionally, plrEiservaiian in lull celivary prciiiecis he\e teem eriaouragec far car neatiuity cm heacwialler preservalion and made upl a small peraeritacle of the o%eralll credits. WOuIc a large ;hale plreservaiian F1rojElCtl with lit la an rio slneeirrl reslanalion or enlialncemerit be acnivicenec uricer ilhis RFP? til a prgjeci contains Ei large amount of preservation, is tli ere ai limit ilo the plEmcEintage of the ovenall pinojecrl anea ills t t at may t EI c evelapled from preservation? ArswEM: No, 1H EI ma) imum amouril of pine;lElrvaltiori DMS will alacElplt ici 2(1% of ilaleil IElriglt Question 8: It is necomrrlElnidec that NCIONS consider alcding some amOL rit of wietlerid to the RFP as many poieni ial slueam nestanallian pinojeals in the NEIusEI 01 Naive potential we'lland camplanieril:i that wau IC lall with in the easement aneai. TH is eou Ic help with eccriomieci oil scale and help th a stale praau Ile I:ettea pinicinig ori the grajacils. Or similar to wihal NCONS is coind with Buffer Credils allow ar offeming of an apltiari ibr Wellanc C nec its. A riswier: DM S has r a need fall wel landsi all th is lime. Question 9: Pniority 1 restanalion in the flatter areas a1 the Neuse (11 may lead to nearing mane easement area in orcein to pneverit hNdrolaclia trespass outside of the easement. Often, tHese tineas wauld algia lead to wiellaind restanaiion. By incdudind wedlanic mi'ligatiori neads ini the RFIFI, ptrajeats in 111c lowier NEIuaEI C11, which is geocplapfl ically ma:ii similan to the impact anea, teaamel mane feasible. Answer: DMS has no need for wetlands at this time. RFIFI 1 EI-OOE14 717 Adc Elnidu m Na.1 Paige 2 of Z SECTICIN 21 PLEASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL 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. 0 Bid has NOT been mailed and ANY CHANGES resulting from this addendum are included in our offer. SECTION 3 EXeGL to Addenc um: BIDDER: HCII llechnologies, Inc. ADDRES S (CITY & STIATI3) : AUTHORIZED E IGNATURE: NAME & TITLE Nciilel: It is the offeror' the offen is received t DAIIE: '10-28-15 J. Fjftiffer, Jr.jgice President onsibilitj to choose the appropriate delivegl method to guarariilele that Issu frig 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 1 ETC.) (E u estion: Request S i naturae Receipt) SEALED BID SEALED BID RFP 16-006477 RFP 16-006477 NC DENR ECOSYSTEM ENHANCEMENT NC DENR ECOSYSTEM ENHANCEMENT PROGRAM PROGRAM ATTN: KATHY DALE ATTN: KATHY DALE 1652 MAIL SERVICE CENTER 217 W. JONES STREET, SUITE 3409-G 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, SIGNED AND RETURNED IF REQUIRED. R FIP 'I 64106,e 717 Adc andum No.'I Page 3 of 3 AT7ACHMENIA AIDDENDUK Al 1 FCIR RFP 16-006477 In plarti nil hales IG uidance 1. Fliojects MUST be loaaled within DMS llange'led Waterst eds within Neuse 4302020/ (At achmenl A 7a ble 'I and Map). Rnojects located witl in Local Watershed Manning (LWR) ou Fegional Waleasa ed Manning (Fill F LCs mail neceive additional points, as noted in Section 1.0 aphis technical Rnoposal Rating Fonn. 2. Scores oil"Is a" or 0 points fan questians in Scorest eel Madules 1.0 thnough 6.0 (i.e., aflen the Overall MeniURnoposal Scmaning section) will NO -Il ualify a Rnoviden's pnopaaal. 3. Prc loselc Rrajects rnlusl bel localled A ithin a catchmient %illh no rriore than 12% Impervious (lav en in the anea draining la 9I a i l]ea1 as measureu at 01 a dawnsinearrl limit4 of the pnulecil. Ofienun must include the klllawing inliclrmaticin in the p1noplosal: 1) Drainage Anea, 2) % Irripendaus Caven anc 3) to e oriel hoc that was usec tcI calculate t he Imp ervious Cover km 11 he pnal area. Technical Rrclpclsal Bvaill ailic In Criileria NefL sle 03102C 2011- Railing Form Offeror- Site Name: River Basin Catalog Unit: RFP Number: Date of Site Evaluation: Type/Amt a Mitigation Offered: Proposal Review Committee: Alternate Attendees: Overall Meru (Proposal Screening) Yes/h o or N/AI 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- Does the proposal adequately document the physical, chemical and/or biological impairments that currently exist on the project site? 3- 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.] 4- Does DMS agree with the proposed credit structure(s) described in the proposal? 5- Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams? 6- Does the proposal adequately describe how the project will advance DMS watershed planning goals? 7 -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 meandering floodplains — 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. Palle 1 of 6 PITTACHN ENT A ADE ENDUN# 1 NCIR RNP 16-006477 Mile: An aria mien of No in ihia section means Vhe llechnicaI Rroposal is rejected. Cunllinue ar Releci 1Vi0 C lelnara fan Pda IPI 11 quest ion Aboaa. - - - - F1.11—ity ti flcloc plloln bench ISO CaadinC boundary minimums t00 � f 50 _._� i 11k ' O O. 10 a.22•i 6./ �, _ a.19 .3 , tf O f/.. _ !'rr"112 3..a! -x'339 9.. -511 {I i 100 'T� 28 loot channal.vidth I�f( -150 30 tlaot benchwidth(t :I time:r<hannetr.ii<Ith)beyon<lih4 bahviidth. 1 200 O 100 1170 3¢70 400 5&t Bale 3tf1 F rrACHMENT A AIDOENDUN # 1 FCIR RFP 16-006477 All voatenshed planning documents perlinenI to scoping, including 2015 Neuse 01 Riven Basin Resilonaticm F nicmities (RBRRs),Regianal Watershed Plan (RNR) and Lolcal Wailershed Plans (LWPs) ane available al It a lbllowing hyperlinl : http://PortaI.ncdenr.org/web/eeplrbrps/neuse Assessm a n Score -andimbft: .111111 Section) 1.0 - Waterst ac Module [Maximum Points= 3l]] Far Pro; ased Rrajects auto Ido of RWR ocI LWP Areca '1.1 For proposed projects Iacatec outside cif an LWF on RWR area, but within a 11LW identified in Table 'I cif Attachment A as required, to what extent does the ppoject support the CU -wide watershed irr piovemcent abjeatiuev? 1 --reduce & conlnal sediment inputs; 2--nedt ce 81 manage nutrient inputs; 3 --augur enl de s ignaled Significant IN alural F enitage Aneaa; 4--Clontnibute to protection of or impnoveme nls to a V% ater Supply Watenbody.) Ppojecl addresses 'I of4lunctional impiovemeni objectives 2 points Pnoject addresses 2 on 3 of 4 fdnctional irmprovernent of jeclives 8 paints Ppoject addpesses 4 of 4 functional im ppovernent objectives 15 points Fcm F rcipos ed Prglectsl within of LWF Arc a '1.2 BON L S: Is the plrapasec plrajecct located w illhin a LWR arta. hl clhe answer is Yes but Ma project is also Iota led within the RWP anea please only answer BONUS Questions 1.4-1.6 (LWBs are listed on tt a IS euse 9asin Bogle hyperlinl above, see Alttachmenl 11 111 Mable and rn ap with LWP apeas) 1 es, the pnoject is located within an LWR area. 1 U points 1 3 BON LS: 1I the pnclpased pinaject meet pniarity £loans of the LWP areas? Offerar rr ust describe haw a project canlnibutes to gccals to receive plaint,. (the lbllowing priorities relevant Io this RFP ale furl hen discussed in the LWP Bindings and Recommendations which are available at the P euse Basin hyperlink at ove ). 1 --reduces sediment loading; 2 --re duces nutnient loading; 3--poavides 81 impnoves ins tneam habitat; --provides 81 im proves tenresimial hat ital; 5• -improves slneam and bank a lability; 6--impnoves hydrologic function; 7 -imprc ves pare species ha Wal) Aldclnesses 1 of 7 LWB oats. 'I poinl Alddnesses 2-3 of 7 LWR goals. 5 points Alddnesses A -5 of 7 LWR g oals. 10 points Alddnesses 6-7 at 7 LWFI goals. 15 tI oink For Proposed Projects within the RWP Area 1.4 BON US: Is the pnapased pncyect located within the RWP area. (s ee Alttachmeni AI ton table and map with RWP area) Yes, the project is located within an RWP area. 10 points 1.5 BONUS: Is the proposed project located within a subwatershed that has been prioritized for Stream Corridor Condition or Important Aquatic Habitat in the RWP? (See Figures 17 and 20 in the RWP Preliminary Findings Report available on the Neuse Basin page hyperlink above) Yes, the project is located within a subwatershed prioritized for Stream Corridor Condition or Important Aquatic Habitat. 5 points 1.6 BONL 9: C oes the pncipased ppcljecll meet plriarilI goals all the RWF? Offencm niusrt descnitle haw a project ccmllributes to goals to receive paints. (The following priorities relevant is this RFP are fur hen discussed in the RWR Pro lirminary Flin(lings Report available al It e N euse Basin hyperlink above ). 1 --reduces sediment loading; 2--peduces nutnienl loading; 3--imippoves stneam and bank stability; 4--impooves hydrologic function; 5.-imppaves Mparian buffen condition. Addresses 1 of 5 LWP goals. 1 point Addresses 2-3 of 5 LWP goals. 5 points Addresses 4-5 of 5 LWP goals. 15 points Section 2.O - Exislling C additions ModL le IN mi im L m Points =65] Rage: efe PITTPICIHN HINT PI FIDDENDUN# 1 maR HHIe 16-001,177 2.1 lWhat is She prapcarl icin cif signifla ant, obvious ina isicin (BHR > -•'1.5) far aeaa hes ideantillied llor Barr a level of channel nnac ification? 0% a9 the proposed ibotage exhibits significant, obvious incision. 2 points 130-70% oil the pnopaaed 1looIage exhibits signifcanl, obvious incision. 6 points i >10% of the proposed iloolage exhibits significant, obvious incision. '10 points 2.2 IWha4 is the pnapartian cif active bank erclsion far the existing condition of neaches pncipcased far channel miadificaticin? [Active ban I erosion includes surficial stoup, hydnaulic and mechanical failunes, and off ell mass vlasling tram channel pnacesses.] <30"/e active enosion. 4 points 30-70"A active ellc s is n. 10 points >70 % aclive a nosion. 20 points Fan reaches pincipcased lion restaliaticmAenhancomienll, what is 1Ihe pencent o1 pnclieci length actively subject to ansite waleir quality or habitat sllressurs that the design proposes to addressil [Onsite means within on immediately adjacent to (within 30 H ofJ the proposed easement boundary. 2.3 9xarn pie slaessons include paslune vuiit direct liveslocl access, livestock emlus ion but with paoriy managed crossings, hydrologic bypass of It uflelas (e.g. dile drains, disat aige outalls, hydrologic connections to liveslc cl wallows an CFIFO ponds), silonmwaler out alls, adjacent uc vI crops, maintained vegetalion, on impenlious surfaces.] in of affected channel <30 °/a. 'I point ]Rnoportia n o1 affe cted channel 30-70'/.. 4 points n oil affected channel >701A. 8 points 2.4 (What level cif (negative) impact an water quality c oes the current land use within and immediallely ac,iacent Ilathea paoFlasec easememl f ave an the project Qi.e., impervlious surlaces, nutnienl inputs, sedirnieni inputs on athei land dislurt Ing activities)il Low (no evidence of nutaient, llecal coli'bnm or sediment input via ouenland/stormwaten flow into the syslem). 'I point Moderale (a nl)l s ligt t on limited evidence oll nulrienlJeaal as lifanm on sediment inpul via averland/stormwalenflow into tt a syslem). 6 paints High to %ery H ig In [modemle to sluc ng evidence o1 nutrieal, fecal coliform on sedim enll input via aveiland/stonmwalen flow into It a system; evidence rnay include eroded I anks, channel a ggaadalioridegnadaIion, livestock access, deguaded buffdis, cnopping an olhen land distunbances ni9lhl up to the stream banks, etc.] . '12 paints BONUSI: Clamlparing nutnienl concentrations of influent Ica effluent c1cmclnstrates the nutiduril remlaval funclian of a Flncljeal site. l sing a widely accepled computer model (including simple apneadsheel tools), 90 what extent is It a plloject predicted to reduce on-site nutnienl inputs (total dissolved 2.5 nitrogen and4oil phosphonus) fnom runofl flowing lateaally into the proposed pnojecl easement -- with effluent measweddpaediated at lit a immediate downstneam project t oundary? Note: to receive credit, Rnovider must pnovide a neilere nce Ibr spies dsheei tool on model, describe assumptia ns, and include maps,lschematics as an pnopria le.] Modeling estimates anlicipaled seductions of 30-60% in local nitrogen and/on total phosphorus levels. 3 points Modeling eslimates anticipalled neductions ol; 60'/. total nilragen and)or lolal phosphorus levels. 6 points Modeling estimates anlicipaled neduatians o1>60'/ total nilnogen and/oai total pt osphorus, and describes specific gre- andpasll-consilaauction monitoring protocols to doaumeal nulrienl neduclions dinectl)l attnibulat le to proposed pnojeat. '15 paints Page 4.f9 EITTAOHMEN7 A AOD9NOUb # 1 FCIR RFP 16-1a6471 Page 5 of 5 Seation 3.(1 Habitat arlc Corlseirvlationl Conr eclth ityl Mac ule [Mail imu m Paints =10] 3.7 BON 119: Rrapased prajucl boundaries area c ire laIIlly cunil iguaus tci (has a camrr on bound aryl with) anclthenl piiateciled pnaperty. Rnoposed project easement at aiies at least one boundary with a con aervalion easement 1ha1 is nol used fon miligatian. 5 points Rnoposed project easemenl st ales at least one boundal l with anothen rn itigalion propertl (DWS project or approved Miligatia n ea nk site; with a pearnianent easement. 10 points Sectiarl 4.a- Design Module [Maximum Poirltsl =19] 4.1 'Ila what exilerd daes the proposal (and pncllecl c esign) address sediment supply and tnansport? Proposal qualitatively describes sediment supply, storage and transport dynamics in a restoration context. 1 paint Proposal qualitatively describes sediment supply and transport dynamics in a restoration context; and proposal specifies, describes and justifies as appropriate for the project the methods that will be used for quantitatively evaluating, simulating or analyzing sediment supply and transport processes for existing and proposed conditions. Alternatively, Proposal qualitatively describes sediment supply and transport dynamics in a restoration context and provides justification that no quantitative methods will be necessary to support project design. 5 points Proposal qualitatively describes sediment supply and transport dynamics in a restoration context; and some assessment methods have been applied and background data are summarized in proposal. Quantitative or analytical tools to be used for evaluating sediment supply and transport for existing and proposed conditions are specified, described and justified as appropriate for the project with the proposal. 15 points Section 5.0 - Implementation and Risk Module [Maximum Points =2181] 5.1 111 9t a pncllecl ppluvide: Between 20 - 30% of the RFP request (mitigation quantities)? 5 points Between 30 - 50% of the RFP request? 10 points Page 5 of 5 A TTPICHN ENT PI PDDENDUN# 1 NOR RIP 16-006,177 Commienb: Pate e are 5.2 Does proposal address Federal Emergency Management Act (FEMA) regulated zones? Proposal provides documentation concerning the status of FEMA regulated issues as it pertains to the project (i.e. flood zone map, FEMA delegated authority or designated Floodplain Manager). 2 points Project does not occur in FEMA regulated zone, or occurs in FEMA regulated zone and submittal provides a detailed approach for how to address this. 6 points 5.3 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, 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. 3 points < 5% of the total project footage is segmented by crossings, roadways, or utility rights of way. 6 points Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints removes or relocates the constraints or barriers such that the design is not significantly affected by the constraint(s). 12 points Secltion &O - CLvlityj Ccintrol [Maximum Poirltsl =19] 6.1 Experience of Project Team (people actually completing work) Project team contains at least two individuals with specialties 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 points 6.2 Quality Control Program Proposal describes checks and balances that review engineering and design methods and results, document preparation, and project implementation to be used in the proposed project. 2 points Proposal includes a detailed QA/QC plan, including specific reviews of engineering and design methods, sampling to validate results, document preparation and editing, and project implementation to be used in the proposed project. 5 points 6.3 Vendor's History of Compliance with Required Federal, State and Local Permits. DMS has been notified of one permit violation within the past year. -Minus 15 points DMS has been notified of two or more permit violations within the past year. tAnus 30 points 1101AL 7oUl Scarei (Maximums Rossible = 1163 Raints) _ P roposal Rating ( Score x 0.01) _ Commienb: Pate e are APPA. NCDENR Narth Carcllina DepartmEint at Bnvirclnment and Natural Resources Division of Miiigallior Services Pait McCrary, Glov ernau Michael 911isor, , Dire ctam Danadc R. wire c or Wart, Seicireitary July 17, 3CI15 THIS ADDENDUM MUST BE RETURINEDI WITH YOUR TECHNIICAL PROPOSAL RHP NO. 1EI-006417 RHP TITLE: Full Deli%eryl Projeials Ta Pravide Stream Miligalicn Within C atalaging L niil a30aGa0'Io11HEi NEluae River Basin ADDENDUN NCI. 02 USING Dlivisicri cd N iiigalion Services AGENCY: PURCHASER KATHY DALE OPENING September 17, 21019 @ 2:(I(1 P.M. DATE/TIME: Th is connesrlonc once serves as ain addeiridum io tHei subjeot RFP. You n resparise 'Ia ihis RFP shou Ic be governed by the coriterit ofihe original RRP anc the Re\isioris Flnoviced in tflis acdericum niatice. SECTION 1- 'I. CLARIFICATION TO QUESTIONS 81 ANSWERS alu estion 1: In llte E) h ib itsVDoou mein9s secdl ian tH eine is a nefereriae la C onsery aitian Easemenll TemFllale called 44e9-15. I ccn't see tHait OREi ori 11he website? Please clarify. SECTION :I Ariswair ll he IinH in the RFA is aacunaie. 11 is also on tha Aebsite now. PL SASE NOTE — THIS ADDENDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL CheaN ONLY CINE of the ilolloA ing aaiegcmies aric ill nequ ired, rete nn one praFlerly exeauleid aorly cif 11his adc eiridum prior tc b is orlening time anic c ate. ❑ Bic has alreac y been mailec . Changes resu ll ing fram 1 h is ac c enc a rri are aila& ed. ❑ Bic hats already been mailec. NO CHAINGIES reisu hec from chis acdenic um. x❑ Bic has NOT been mailec aria ANY CHANGES resu li ing fram 11 h is ac c endo rn are inidu dec in OLfl offer. RRP '16.•CIa64ri1 Aldo endum No.2 Page 'I cif 2 SECTION 3 ExecL to Addenc um: BIDDER: KCI Technolagies, Inc. ADDRESS (CITY & SIIATIB) AUIIHORIZBD SIGNATURE: //% DATE: 10-28-15 NANIB & TITLE QTYPED] : /A W. PfeE, Jr. , Vice President Note: It is the offeror's responsibility to 0 nose the appropriate delivery method to guarantee theft the cffen is reaeived by the Issuirig Agenlay k y th a Opening Date/Tim Ei noted iri the RFP. DELIVBRSD B'I US POS11AL SERVICE JIMail at least 1 bL siriess days prior to Bid Closing Dale) DELIVERED BV ANY OTH ER MEANS QUPS d RBDEX / EIICI.) (Suggestion: Re L est Signature nature Recei t SEALED BID SEALED BID RFR '16-OO6411 RRR 1EI-CICI6477 NC DENR ECOSYSTEM ENHANCEMENII NC DBNR SCIOSINSIIEIM ENHANCEMENT PROGRAM PROGRAM ATTN: KATHY DALE AIITN: KATHY DALE 1652 MAIL SERVICE CEN11ER 2'17 W. JONES STREET, SIUIIIE 3409-G RALEIGH NC 21699-1652 RALEIGH NC 27=3 IT IS THE OFIFBR'S RESIRONSIBILITY ICI CONTINUCIUSILV CHECK ROR ADDENDA UP TO THE LASIT POSTIED ORENING DATE/11IME AND TO ASISUR13 11H AT ALL ADDENDA HAVE BEEN REVIEWED, SIGNED AND RETURNED IF REQUIRED. RFP 16-CIC16471 P c deric t, m Naa7 Pac1e1 it 017 40*nA NCDENi North Carolina Clepartment oil Enuironrrent and Natural Resources Division of Mitigation Services Flat McCrory Donald R. van der Vaart Goverrier Slecue dry September 21, 2015 11HIS ADDENDUM MUSH BE RETURNED WITH YOUR TECHNICAL PROPOSAL RRP NO. '16-a06,e11 RRP TITLE: Full Delivery Pnojeats Ta Provide StrEISM Mill iglatian Within C eitalcigirig Uniil c13a20m'Ioil the Neuse River Basin ADDENDUM NO. 0.1 USING I]ivision o1 M iiigalian'cleirvicies AGENCY: PURCHASER KATHY DALE OPENING Ocdoben 28, 2[115 @ 51:00 R.M. 1 11ATE/TI M B: TI1 is aonieciplanc once serves as an addendum 10 the subjecd RFP. Ylour resparise to this RFP shou Ic be gmerried by the aorileril of the origirial RRP anc 'If a Revisions glnoviced in chis accenc um naiiaE1. SECTION 2 - REVISION SIA DDI MONS 1. N C OMS would like to reqs esill an adc itional EICI,000 strearr oredits iri the Neusell 01. This makes the ilotal stream credit request 120,004. a. The apening dallEi far VI' is RFP t as been exleric ec to 51:(1(1 p.rr. . ori Oallober 28, 2015. SECTION 2 Pl. EASE NOTE — THIS A DDENDUM M UST BE RETURNED WITH Y CIUR TECHNICAL PROPOSAL Check ONLY CINE 01tft iollowirgl aaleganie:i aric if requirEic, rEdurn ane graFlenly e)eauled aorly afihis adderic um prior to bic opEiriing time anc c ate. ❑ Bic Has alneacy been mailec. Changes resulting lrcuri this adc eridum ane alla&Eia. ❑ Bic Il as alneacy beers mailec . NO CHANGES resulted from 1 h i;i ac c enc Mi. 0 Bic Has NOT been mailec anic ANY CHANGES nesulting tram this adc Eindu m arEi inicdudec in OL11 offer. RFP 16-006477 Addendum No.3 Page 1 of 2 SEC TION 3 Execute Addendum: BIDDER: 'CII llechnologies, Inc. ADDRESS IICIITY & STATE): Raleigh, AUIIHOR12IBD SIGNATURE: "1144 17111� DA"RE. 10-38-15 NAME & TITLE (TYPED: JosgbbFy . eiffe:, ,jf/, Vice PoEisident Nate: It is the offeroWskLes000fbility tci choeise the appropriate delivery) method to guarar fee that the offer is received by the Issuing Agena) by the Opening Date/Time noted in the RFP. DELIVERED BY USI ROSITIAL SIBRVIC B (Mail al least 7 busiincisis days prior to Bid C1osin Date DELIV BRED BY ANY O11H ER MEANSI (UPS / ABDEX / EIIC.j (Suggestion: Request Signature Recei t SEALED BID SEALED BID RAR 16-006477 RFR '16-OCIE141117 NC DEN EICOSIVSIIEM ENHANCEME NII NC DEN EIC CSYETIEM EhHANCIEMEINT PROGRAM PROGRAM A1IT1N: K ATH V DALE AIITN : KAIIH Y DALE( '1699 MAIL SIBRVICE CENT13R 217 W. JONES( ETIREIBT, SIUIIIE 34(19-G RAJLBIGH NC 27EISISI-1992 RALEIC H NC 27603 IT IS IIHE OFRER'SI RESPONSIBILITY TO CONTINUOUSLY CHECK FCIR ADDENDA UR TO THE LASH ROSIIBD OPENING DAIIE/TIIME AND TO ASS URB 11HAT AL L ADDENDA FIAVE BEEN FEVIEWEIq, SIGNED AND RETURNED IF REQUIRED. RRP '164106 17 ,Ad( elridum No.3 Page 2 of 2 North C arcllina QElpartrrlent cif Environrr ental Quality Division oll Mitigation Servicers Pat McC roryl Donald R. vara der Vaart Governor Elecretaryl Slerliemben 28, 2a1s THIS ADDEN13UM MUSli BE RETURNEDWITH YOUR TECHNICAL PROPOSAL RRR NCI. 1El-OOE1477 RRP TITLE: Full Delivery Pnojeals To Pravide Stream Milligaiion Wi&in Cleitala in Unil 02102(l2wol11HEi Neuse River Basin ADDONDUM NC. (14 USING Division a1 IViligalion Services AIGENC Y: PURCHASER KATHN ❑ALE OPENING Clotoher 28, 5vi rid 2:oo P.M. DATE/TIME: This aorresrlondence Bermes as an addeinc um la the sL t.ject RFP. Your uesponse io llr is RFP shoulc be governed by the aontent of the aniginal RFP anc the ac c illional information pra%ic ec iri th is ac c EiriC L m noliae. SECITION 'I — IMAORTIAN71 INFORMT1ION V a North Claaoliria ❑arlartmerii of Eri%inariment aric Natural Re;ICIL rues Has oflliaially been changed io the North C arolina Derleirtm ent of Environmental C L ality. -Ilt is Addendum is yoL r notice that all parts of the RFR tt all refer llc 1 a North Clanolina ❑el:larlmerii of Environment and N atural Resat roes or NC 118N R will now be ameridEIC to nefer to the N arlh C analina Department of Bnviiiorimental Quality or ISN CI138Q) . All Propcisals subm itted in neference Io tF is RFP shaiL Id reflect this name change or tH ey miay be subject to disqualification. SSCITICIN 21 PLEASE NCITE — THIS ADDSNDUM MUST BE RETURNED WITH YOUR TEC HNICA L PROPOSAL Cl 666 ONLY ONE of the following catagaries and it uequ ined, raft nn one pragerly execuled caF1Y of ihisi ac c anc Lm prior la tic opening 1 irrie and c a -la. ❑ Bid F as already k Elan mailed. CH ariges rEisu li ing from 1 his ac c enc L rri are attach ed. ❑ Bid has already teen mailed. NO CHANCES resuliec from IHis acdenicum. r❑ Bid has NOT H Elan mailed and ANY CHA NGES rasu 11 ing horn 1 h is ac c enc u m are inialudEic ini OL n ciffer. RFR 1EI-OOE1477 Ac c endu m Na.4 Rage 'l of 51 SECTION 3 BxeCLIa Addendumi: BIDDER: kCl Techriologieis, Inc. ADDRESISI IjCIITY & STATS): AU11HORIZBD SIGNATURE: Riesideni TS: 10-28-15 Note: It is It a ofleirorVeansyciurbidmal bilKAg to nose the aprlrcipriate deliveryl method to guanaritee theft the offer is receivedirl cry by the Opening Date/Time noted iri the RFP. The USIRS does riot c eliver bids W. eine si Street addreisis. All bids are sent 110 the '1682 Mail S ervicies Center location whicnot arrive ori time. DELIVERED BY US ROSITAL SERVICE DEILIV13RED BV ANY OTHER MEANS JUPSI / REDEN (Mail at least 7 k usiness days prior to Bid Closing / BTC I.) Date) (Suggest! n: Re L est Signature Receipt) S SAL BD BID SEALED BID RFP 1 EI-CICI6477 RFR 16-006477 NCDBQ DIVISION OF MITIGATION SIERVICIBSI NCC EQ DIVISION OF MI111GATION S BRVICIES AT11N: KATHY DALE ATTN: KATH'I DALE 1652 MAIL SERVICE CENIIIBR 2171 W. JON BSI STIRESTI, SU ITB 3409-G RALEIGH NC 27699-1652 RAIL BIGH NC 971603 IT IS THE OFFER'S RESIRONSIBILITY TO CICIN71N000S LY CHECK FOR ACIICIBNDA UR 710 11HE LAST POSTED CIRENING CIATF_/711MS AND TO ASSURE THAT ALL ADDENDA HAVE BEEN RSVISWED, SIGNED AND RETURNED IF REQUIRED. RFP 1641064-11 P c deric u m No.4 Page 2 of s'I Nclrth Carolina Dep artmeni cif Environmental Q L ality Dimisicin Cif Mitigiatien Services Pat McCrory Donald R. van der Vaart Governor E ecretary Ociat er '19, X1015 THIS ADID13NDUM MUST BE RETURNED WITH YOUR TECHNICAL PROPOSAL RHP NO. '16-a06,171 RFP TITLE: Full DlelivEiry Pnojecitsi Ta Provide Stream Milligai ion Within C eitalciging Unit C1302CIa0'I oilH Er Neuse River Bacir ADDENDUM NO. Ofll USING Division o1 N iiigaiion 9erviae;i AIGUNCY: PURCHASER KATHY DALE OPHNING jOa1okeii28,2CN5@;I:00R.M1. DATE/TIM E: This aannesponderiae servies as an ac c endum to the SL t ject RFP. Your response is IT is RFR shoulc be gov EmnEic by the canient of the original RFR and the additional information pro% is ec in this ac c eric L m noiiae. SECTION 1-Changesto Mitigallicri Plan Template Included below is the link for the riew mitigation plan Template. Rroviders may eiihen L se th a olc mil plan temrllaie (included in the RFP; , cir th a new mill plan Template pl iavidec at the wet site IisllEic below when re:iponding is It is RFR: http:,Vparial.niadenin.angdcildaaumenii library/ged file?p I ic=604C19811oicerrdc=26:Ia966f1&niarriei=DLFE-118733.pcf SECTION 2 PL 9AISE NOTE —THIS ADDENDUM MUST BE RETURNSO WITH YOUR TECHNICAL PROPOSAL CHEiak ONLY ONE of the following caieganies arc if requirec, retu nn one praFlerly exeaullad coF1Y of 11his adc endum Alrior tat is aFlening 4irrW anic c ate. ❑ Bic h as already been mailec . C hariges resulil ing from 11 h is ac c endo m are aiiach ed. ❑ Bic haia already been rraiiiec. NO CIHA NGE9 rasu lied from ihisi aicdenic um. x❑ Bid has NCT been maiiieic and ANY CIHA NGES reisul9ing frcirri 11his ac can( u rrr are incdudec ini ou n offer. RHP '16-0106, 771 Adc endum No.5 Rage 'I of 2 SIECITIION 3 ExeCL lei Adcendum: BIDDER: KUI lleahnologlies, Inc. ADDRESS 11C ITY & S11AT1B) AUIIHCIRIZEC SIGNATURE: ice Rnesidani DATE: '10-28-15 Notq: It is the offero /te s Lilly choose 11he appropriate delivery method to guarariieei that the offer is receive bst, iel ency by the Opeining Date/Time noteic in the RFR. The USIPSI doe.i riot deliver bi 317es Slireet address. All bids are scant to the 1652 Mail Slerviaeis C enter location whic mieans ya t, r bic may noil arrive on time. DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY 011H ER MEANS (U RS iI FEDBX (Mail at least a business days prior to Bid Closing / E11IC.) Date) (E uggestion: Request Signature mature Recei t SEALED BID SEALED BID RFP 1640417 RFR '16-OO6417 NCIDBQ DIVISION OF MITIGATION SIERVICES NCDEQ DIVISION OF MITIGATION SERVICES A"N: KATHY CAL B ATIITN: KATIHY DALE 1652 MAIL SERVICE CIENIIER 217 W. JONES ETIRBBT, SIUITIE .I4CI9-G RALEIGH NCI :17699-1652 RALEIGH NC 27603 IT ISI THE OFRER'SI RES RONSIIBILITY T1O CONTINUOUSLY CHECIN FOR ADDENDA UP TO THE LAST ROSTED OPENING DATE1111ME AND 110 ASSURE IIHAT ALL ADDENDA HAVE BEEN REVIEWED, SIGNED AND RETURNED IF REQUIRED. RRP '16-406417 Aldc Gridu m No.5 Page 2 of 2 Environmental Quality Division of Mitigation Services October 23, 2015 PAT MCCRORY COMO, DONALD R, VAN DER VAART Secretor THIS ADDENDUM DOES NOT HAVE TO BE RETURNED WITH YOUR TECHNICAL PROPOSAL RFP NO. 16-006477 RFP TITLE: Full Delivery Projects To Provide Stream Mitigation Within Cataloging Unit 03020201of the Neuse River Basin ADDENDUM NO. 06 USING Division of Mitigation Services AGENCY: PURCHASER KATHY DALE OPENING October 28, 2015 @ 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- Change to Language: Page 17- Under 5.5 Current Ownership and Long Term Protection 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 RegisterlNal. 73, No. 70/Thursday, April 10, 20081 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 one (1) year from the closing date of this RFP must be provided for each parcel. In addition, in accordance with the USACE requirements, the proposal must include a signed and dated NCDMS Full Delivery Landowner Authorization Form for each parcel. What Changed: • A signed option agreement valid for a period of one (1) year from the closing date of this RFP or other suitable documentation of real property interest must be provided for each parcel. In addition, in accordance with the USACE requirements, the proposal must include a signed and dated NCDMS Full Delivery Landowner Authorization Form for each parcel. RHP 'l6-006' 7171 A do andum No.6 Hage 'I of 2 SBC TIC N 21 PLEASE NOTE —THIS ADDENDUM DOES NCIT HANE 11CI BE RETURNSC WITH YOUR TECHNICAL PROPOSAL CHeiaN ONLY ONE cif the following aaieganies aric ill required, return ane praclerly a>ealteic aopy cd this ac c einidc m rjuior la k is aKlening lime aric c ate. ❑ Bid has already bElElrl mailec . Char clew reisuH irig fram lhis adc eiridum ane alltaaH eic . ❑ Bid has already beim mailec . NO CHANGES reisu lie( fram 1 h i:i ac c endo m. x❑ Bid has NCIT been mailec grid ANY CHANGES resuHing frarri 'Ihis adc elridum ane inalLdec in our offen. SECTION 3 Execute Addendum: BIDDER: xc1 Technologies, Inc. ADDRESS (CITY & STATE): Raleigh, AUTHORIZED SIGNATURE: ,1/ X -JEAV DATE: 10-28-15 �Aue JI. iff 0Ir., Vice Hresiclerit NAME & TITLE 1TYPE0j Note: It is the offeron's res onsibililly to choose the appropriate delivery) rr ethod to guarantee that the offer is received b e IssL !rig Agency by the OFlening Date/Time nolled in the RFR. CBL IVERED EIV USI POSTAL SIEIRVICIE! JIMail at least 7 bL siriesisi days prior loi Bid Closing Date DSLIV BRED BY ANY 01 H ER MEANS (U PS / FEDEX d ETC.] S uggestic n: Request Si riature Recei 11 SEALED BID S SAL SO BILI RFR 16-006477 RFP 164CIE1477 NO DEPT ENVIRONMENTAL QUALITY NC DERTI ENVIRONMBNIIAL QUALITY! DIVISICIN OF MITIGATION SERVICSSI DIVISION OF MITIIGATION SERVICES ATTN: HATHY DALE A1111N: KATHY CALK 102 MAIL SERVICE C13NT13R 217 W. JONES! STREE11, SUITS 3409-G RAIL SIGH NC 276SISI-102 RALEIGH NO 27603 IT IS 11HE OFRER'SI RESPONSIBILITY TO CON111N000SLY CHECK FOR ADDENDA UP 110 11H LAST POE 1180 ORENING 0A11E/TIME AND 110 ASISIURB THA11 ALL ADDENDA HAVE BEEN REVIEWED, SIGN ICINBO AN D REnURNED IF REQUIRED. RFP 16-006477 Addendum No.6 Page 21 o121 COVER LETTER KCI ENGIPHERS • SCIHNTISTS ■ SURVEYORS • CONSTRUCITION MANAGERS Laddmiark Clenter II, Sui a 22G 4601 Six Fill Road Raleigh, 1` CI 27(109 (919) 783-9214 (919) 783-9266 flax Oatat er 28, 201-` RFP #] (-0064'x7 Smilad Bid NC DBQ Division oflMiligation Sallviaes 1652 Mail Servide Ceintar Raleigh, Narth Carolina 2176SISI-16.21 Attention: Ms. Ka1thN Dalei Su b je:cl : Bull Dell ivary Project Tea Pricey ice Weltlane Mitiga tian in tt e Nau; el River Basin Cataloging Unit 09(130201 Stang Hark Raslorail Site Dean Ms. Dal KCII Tachriala8iels, Ind. along with its co -venture partniers, KCII Assoaialtels of North Caralina, F.A. IINCF) arid Eniviranmelntal Teiclhnolog:ies alnd Clonstruclici 1, Ina. (ETC), :is plaasad to sutmiit this praplasal tel pravice tha Norte Canolinai Delpartmenl df EnNiranmantall Quality, Divis:ian all Miligadioni Semioes with ecological, engineering, ]arid acquiskiian, arid turn4 l dasign/build imlplarrlentaliar.l of tea abclue nefhrelncad strelam mitigal:icen rFojedt. KCII is al full] selrvi cel ang:rieelrir.Ig, planniing and enviranmantal ceonsulltiing firm and is registelrad mitt thea Officla of thea &Klreelaq of Stata, ais well] als Nclrth Carolina Board of Ai i;essilonad Eng:irieers arlc Larlc SurveNars elC-0'164). HTC is an anvnionmenlal aonstrdcil firm speaialilzing in tee imiplarrienitat:ian of anvironmantal resloration and management and is registered with thea Offica of tee Secreil of &ta and is a Nara Caro ilnal Licensee Ganelrall Car.Itraclor (#41199O. Bott enlilias ara carpal subsil&ua es of KCI Tadhno:lagias, Inla. and as such ane] suibmitllineg as co-vantures an this cal with KCl Techrlala8ies, 1r1c1. The KCl team has the capacity to form the nieaessary :lagal and firiandia I enl i1 ices far tha pi oposad work and helreafteir is reeferred to joinitlly as KCII. A aansaliclaleec fliriaricial stalelmelnt for KCII is flaund in F1art H cif tee original pli oposail. KCI affers a higlhIN qualifieed staff of anvironmarltal, eniginaming and oonslrucltion prafless:ianals with axtensiva training ane pliloven skills in ail] aspects of mitigalian s:ita location, plan ceve cepmanl, clasigrl, aclnstnlcelionl, moniitarirlg and remledial ail Wel have) suaoeissfillly aamplatad nulmarous projects invalving streiammiellalnd/nipar:an areal rasloraltion and managemler.It; iricluclud in F1art M is an abbravialled stournenil of our qualiflioalt:ians describing our abilitN to caniduclt this work. KCI Has tearil nvollvcle in the laoaltian, dasigrl, davedopmcnt and managamant oil aver :1,(00 aures all wel land and 40 milas of slreearr. rriligatiion lhraughaut tte eastelrn seal arse tas erlelnisivel eixperiende in North Carolina fear both plublio and priivale al:ienls. r` orth Carolina Division of M itigal ion Smices KICI Ilechdologies, Ine.11Kal A. socia les of I` artt Caralinia, AA NICI Brvironmienlal Technologies and Consm c1ian, Idc. KCI has seclurae real estate option alggeamanls fcm tha purchase of easement riglhts on seven prapgrlias loaaled in Johnslon Courtly, North Callolinal, near thea Town of Barisan. There is cine opliari prav:ieec in th is prclplosal. Based on KCII's avaluation ofltl•e propleiry, the side has tte poilenl iail to ganclrale up to 1187 stream rrrilidalionl creidits. Those areldils will ba glenaraltcic Hy lho restoration oflStany Fork and several oft its tt:itutar:ies that hava Wan sevelroly irrlpaoteid by chalnnal izatian.. Thei rastallal ianl oft tI is silream system will raslorci mull iplla sUlearr and floocp girl frlrlclianls and proleat a significant partion ofltfe StoriN Pork watarshad. KCI stancs ready to rrleelt Naur stileam mYglalionl mads at this siltei. Upton review oft our submittal, we trusl you w:ila find aur clual:iflicaliorls arid pploposcld s�ita oommansurarta with your raquirclmants. )V6 look fbrvaland to acchassiing an} quasCons cm aommants }lou may havei and to tha apporlurnitN oft working with Ncul in lhei neiali I lul urra. F., PW9 Iric. KCI www.l ci.com Hn ployee-Owned Since 1988 PART I: EXECUTIVE SUMMARY North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. EXECUTIVE SUMMARY The Stony Fork Restoration Site (SFRS) is a candidate site for stream restoration in the Neuse Basin in Johnston County, North Carolina. As evidenced by historic aerial photos and site investigations, the streams at this site have been substantially modified through relocation and straightening and have been impacted by timber harvesting and other anthropogenic impacts designed to drain the historic wetland floodplain. Restoring these streams and their associated riparian buffers will create a stable stream ecosystem with a functional forested wetland floodplain. KCI is offering one option for the restoration of this site. This restoration option is consistent with several CU -wide watershed improvement objectives. The project goals for SFRS that are also a part of the CU - wide objectives include: - Reduce and control sediment inputs. - Reduce and manage nutrient inputs. Project -specific goals for the site will include: - Restore ditched and channelized streams to more natural planforms. - Reconnect the streams to their relic floodplains. - Relocate the streams back to the appropriate position within the landscape. - Buffer nutrient and sediment impacts to the Neuse River and its tributaries from adjacent timber and farming practices. - Improve and expand habitat for a variety of aquatic species. Multiple objectives will be implemented to achieve these goals. Restoring the channelized streams to C- type channels will improve stream stability and reduce sediment loading by reducing channel erosion. Reconnecting the streams to their relic floodplains will promote nutrient cycling and restore habitat. By establishing an easement that will be planted with native vegetation, the buffer will be restored, which will reduce nutrient loading from row crop agriculture within the watershed. Site Name: Stony Fork Stream Mitigation LF Ratio Credits Restoration 6,908 1:1 6,908 Enhancement II 697 2.5:1 279 TOTAL 7,605 = 7,187 Note: Offeror is not willing to accept a contract for an amount of mitigation less than the full proposal. Monitoring will consist of the collection and analysis of data to support the evaluation of the project in meeting established restoration objectives. Specifically, project success will be assessed utilizing vegetation survivability, stream and wetland hydrologic monitoring, stream stability, and visual inspection following the monitoring guidelines and success criteria described in Stream and Wetland Mitigation Monitoring Guidelines (NC EEP, February 2014). PART II: FINANCIAL STATEMENT (IN ORIGINAL ONLY) PART III: CORPORATE BACKGROUND AND EXPERIENCE Project Team The team assembled for this project is led by KCI Technologies Inc. and includes KCIAssociates ofNorth Carolina, PA (KCI) and KCI Environmental Technologies and Construction, Inc. (ETC). KCI is a full-service engineering, planning and environmental consulting firm registered with the Office of the Secretary of State, as well as the North Carolina Board of Professional Engineers and Land Surveyors (C-0764). ETC is an environmental construction firm specializing in the implementation of environmental restoration and management projects, and is registered with the Office of the Secretary of State and is a North Carolina Licensed General Contractor (#41336). Both entities are corporate subsidiaries of KCI Technologies, Inc., and as such are submitting as co -ventures on this contract in order to provide the North Carolina Division of Mitigation Services (DMS) with ecological, engineering, land acquisition, and turn -key design -build implementation of wetland/stream mitigation projects. The team has the capacity to form the necessary legal and financial entities for the proposed work and hereinafter is referred to jointly as KCI. KCI is an employee -owned company headquartered in Sparks, Maryland, with division offices located throughout the Mid- Alantic and Southeastern United States. The local staff in the Natural Resource Management and Ecosystem Dynamic practices in the Raleigh, NC office will be responsible for work derived from this contract. With a staff of more than 1,100 professional engineers, planners, architects, scientists, and construction support personnel, KCI is considered to have one of largest staffs trained in wetland and stream restoration design and construction, watershed management, geomorphology, and hydrologic/ hydraulic engineering on the East Coast. KCI has made a concerted effort to foster the best technical expertise available in the design, implementation and construction of stream and wetland restoration projects. The Raleigh office is the primary location serving this work, with support provided from the Brentwood, Tennessee and Sparks, Maryland locations. 4601 Six Forks Rd, Suite 220 7003 Chadwick Dr., Suite 343 936 Ridgebrook Rd. Raleigh, NC 27609 Brentwood, TN 37027 Sparks, MD 21152 (919) 783-9214 (615) 377-2499 (410) 316-7800 KCI's team has been established to provide successful implementation of wetland and steam mitigation projects by providing turnkey services including site identification, land acquisition, planning and assessment, design, permitting, construction, con- struction management, performance monitoring, remedial action and financial planning in one entity. KCI has been involved in the location, design, development and management of over 1,600 acres of wetland and 50 miles of stream mitigation throughout the eastern seaboard and has extensive experience in North Carolina. Our approach to successfully meeting our client's needs utilizes the collaborative expertise of environmental, engineering, and construction professions, as well as quality support per- sonnel. Table 1 summarizes KCI's recent stream and wetland restoration experience. More detailed project descriptions are also included in this section to demonstrate our experience in the execution of projects similar in nature to the one proposed. Key Staff The key staff assigned to the project offer the DMS a qualified and experienced group of professionals dedicated to providing the highest quality services and technical expertise in the field of stream and wetland mitigation. KCI has been working on full delivery mitigation since the inception of EEP/DMS and even before that with DENR's Wetland Restoration Program. Through this time period, KCI has experience very little staff turnover, resulting in the internal efficiencies, quality deliverables and an invaluable working knowledge of the the State's mitigation program. Our organizational chart is attached below. Our staff is prepared to complete all tasks on the proposed project in an innovative, cost effective and timely manner. Our past re- cord of successful work performance with state and federal clients, including DMS, is directly attributed to our ability to work interactively on multi -disciplined projects in concert with clients, agencies and stakeholders, and demonstrates our commitment and capabilities to undertake projects involving a variety of environmental, engineering and ecological challenges. In addition to the key staff, KCI maintains a highly trained professional support staff to aid in the execution of project tasks. This includes over 1,100 technical staff company -wide, with almost 85 in the Raleigh office alone. These groups of engineers and scientists have, on average, 10 years of experience in their respective disciplines, and the majority of them have been awarded advanced degrees and certifications in their field of expertise. Project Manager Qualifications and Experience KCI recognizes that the Project Manager will likely serve the most important role on a given full delivery project. An individual with a broad range of skills linking together budgetary and personnel management with all the components of a restoration project (assessment, design, construction, permitting, monitoring, agency negotiation and credit delivery) will be needed to successfully oversee and implement this project. The individual will also need to be experienced in completing large scale restoration projects with aggressive design and construction timelines. KCI's Project Manager on this project will be Tim Morris. Mr. Morris has been working in the environmental restora- tion industry for 23 years since graduating from Duke University with a Master's of Environmental Management degree in 1991. Mr. Morris has worked on a broad range of environmental projects over the course of his career which has helped to give him a well-rounded approach to problem solving and a unique ability to manage the complex needs of large scale restoration projects. Equipped with first-hand knowledge of assessment techniques, design understanding and construction management and implementation experience, Mr. Morris has been challenged to manage the design and construction elements of many of the largest environmental mitigation projects completed on the east coast over the last 15 years. To quantify on a cost basis, Mr. Morris has managed over $75 million in environmental restoration projects in both urban and rural settings during this timeframe. Highlights have included managing the section design review, procurement, and construction of all the environmental mitigation components of the $2.5 billion Woodrow Wilson Bridge project in the Washington DC metropolitan area. He also managed the environmental construction and mitigation elements of the US 113 dualizaton project on the Eastern Shore of Maryland, which at the time was the larg- est and most complex environmental mitigation program completed in the State of Maryland. Mr. Morris currently manages KCI's full delivery mitigation projects for DMS. This work requires the concurrent management of 10 active projects totally nearly $10 million in value. Mr. Morris' philosophy on developing successful environmental design and construction projects is to promote ownership of the project from the ground up. This involves informing and training contractors, landowners, regulatory staff, project owners and other project stakeholders through diligent communication and involvement. Table 2 below summarizes Mr. Morris' project management and environmental restoration experi- ence since 2000. Mr. Morris has spent the last 8 years working primarily on DMS projects, both design -bid -build and full delivery. Mr. Morris is very familiar with DMS contracting processes, deliverable timelines, review schedules, DMS guidance and project closeout procedures and logistics. Mr. Morris is also actively involved and informed on developing policy is- sues between DMS and the environmental regulatory agencies through his position as a President of the North Carolina Environmental Restoration Association, a nonprofit restoration advocacy group in North Carolina. This knowledge and understanding of ongoing issues has a direct impact on how he manages his projects as regulation and policy in the restoration industry evolves to keep pace with the growing knowledge base. Mr. Morris will utilize his experience working with DMS to ensure full credit delivery for this project. As demonstrated in Table 2, Mr. Morris has worked on large scale, complex, time sensitive restoration projects through- out his career. Often these projects were occurring simultaneously, requiring diligent communication with his project team, careful time management and calculated planning to overcome the logistical challenges presented by multiple on- going projects occurring in different site locations. Examples of Mr. Morris' experience managing large scale projects include completing multiple 10,000+ linear foot full delivery projects (Cane Creek — 18,000 linear feet, Collins Creek — 10,000 linear feet) along with three design -bid build projects (McIntyre Creek, Little Troublesome Creek and McCain Site) simultaneously. Additionally, while working on the Woodrow Wilson Bridge Project, Mr. Morris completed the design and construction phases of 56 individual mitigation sites, utilizing 17 different contract vehicles over the course of 4.5 years. These projects ranged in scope and scale from reforestation projects to large scale stream and fish passage mitigation sites with a total construction value exceeding $40 million. Mr. Morris understands that the key to managing large scale projects with aggressive time requirements is to stay in front of potential problems, foster active partnering among team members and to surround yourself with hard working, skilled individuals who all have a stake in the suc- cess of the project. The KCI Team has been formed with these factors in mind and will be dedicated to the success of the project behind the leadership of the Project Manager. Site Assessment Kristin Knight -Meng, PE Adam Spiller Alex French Steve Stokes Tommy Seelinger Joe Sullivan Principal -in -Charge Joseph Pfeiffer, Jr., PWS Project Manager Timothy Morris (Identification and acquisition stages completed at time of proposal) Project Design Gary Mryncza, PE Adam Spiller Alex French Kristin Knight -Meng, PE Steve Stokes Tim Morris Jim Gellenthin, PLS Rob Baumgartner, PLS Site Restoration Tim Morris Kevin O'Briant Zach Myrncza KCI ETC Monitoring/Management Alex French Adam Spiller Tommy Seelinger Joe Sullivan KCI ETC Support Staff Role Local Corporate Administrative 5 75 CADD Technicians 4 47 Construction Managers 2 36 Designers 4 80 Environmental Scientists 7 57 Geologists 0 4 Land Surveyors 6 42 Monitoring/Management Alex French Adam Spiller Tommy Seelinger Joe Sullivan KCI ETC Table 1. Recent Stream/Wetland Restoration Project Experience Region/Character Size Type of Project Work and Current Status E 0 Z N a 0 V �� U i v7 V S Q N V i 0 O N� i N -�V O 0 3 V h V Q 0 3 0 N E E V) N Q N in C 0 C ,0 N V E; i N V) CC �� •� UIQ 0 V i V) C U O_ c 0 c LD 7� N O N ZSR U E / `! Norman's Pasture 2015 NC Coastal Rural 8.9 700 X X P P P Y NCEEP* Stanley's II 2013 NC Coastal Rural 6.5 0 X X P P P N NCEEP* Norman's Pasture 2013 NC Coastal Rural 15.6 0 X X X X r N NCEEP* Bowl Basin 2014 NC Coastal Rural 11 0 X X X X P N NCEEP* Bear Basin 2014 NC Coastal Rural 10 0 X X X X P N NCEEP* Twin Bays 2013 NC Coastal Rural 11 0 X X X X P N NCEEP* Stanley's Slough 2013 NC Coastal Rural 2.8 4,250 X X X X P Y NCEEP* Jacob's Ladder 2013 NC Piedmont Rural 0 5,150 X X X X P Y NCEEP* Jacob's Landing 2013 NC Piedmont Rural 0 6,187 X X X X P Y NCEEP* May Prairie 2013 TN Interior Plateau Rural 0 4,000 X X X X P TSMP* * Little Patuxent River 2013 MD Piedmont Urban 0 1,110 X X X N/A X N Howard County, MD Meadowbrook Park 2012 MD Piedmont Urban 0 1,300 X X X N/A X Y Howard County, MD Upper Roland Run at Greenspring Drive 2012 MD Piedmont Urban 0 6,000 X U P N/A N/A Y Baltimore County, MD West Piney River 2012 TN Int. Plateau Rural 0 18,623 X X U N/A P Y TSMP* * Johnson and Waddle 2012 VA Ridge and Valley Rural 20 0 X X X X U N TNCVA (VARTF)*** Elmmede Road 2012 MD Piedmont Urban 0 1,050 X X X X U Y Howard County, MD Hi Tech Road 2012 MD Piedmont Urban 0 1,500 X X X X U Y Howard County, MD Bramhope Lane 2012 MD Piedmont Urban 0 2,000 X X X X U Y Howard County, MD Red Hill 2011 MD Piedmont Urban 0 350 X X X X* U Y Howard County, MD Buffalo Flats 2011 NC Piedmont Rural 16 0 X X X X U N NCEEP* X = completed, U = underway, P = pending, N/A = not part of project Clients: *NCEEP-NC Ecosystem Enhancement Program; * *TSMP-Tenn. Stream Mitigation Program; * * *TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund,- und;* * * *MD SHA -Maryland State Highway Administration * Region/Character Size Type of Project Work and Current Status 0 U s w U C O 2O c ._ p O: O Z U O_ N = N N N V Q � E � � N � V E 2 U � C.2) C L � i O 2 6 -p a) V1 � •2 N H E L E _� C N 5 N / 1 C 0 • V, � _ S i I\ _ N N Q • C D O O C Z L �.! `J dU Q �C U VN//A r Mill Creek 22011 NC Piedmont Rural 0 21,644 N/A N/A XV N/A X NCEEP* Redhouse Run 2011 MD Piedmont Urban 0 2,500 X X X N/A N/A Y Baltimore County, MD Jahn Creek 2010 IN So. Hills/Lowlands Urban 0 2,500 X U P P P Y Bernardin, Lochmueller & Assoc. Cromwell Bridge 2010 MD Piedmont Urban 0 1,300 X X X N/A X Y Baltimore County, MD Gunpowder Falls Leipers Fork 2010 TN Int. Plateau Rural 0 12,000 X X U U U Y TSMP** Woodbridge 2010 MD Piedmont Urban 0 1,200 X X P N/A P Y Harford County, MD Grey Rock 2010 MD Piedmont Urban 0 700 X X X N/A X N Howard County, MD Cherry Creek 2009 MD Piedmont Urban 0 550 X X X N/A X Y Howard County, MD Roland Run 2009 MD Piedmont Urban 0 1,850 X X X N/A X Y Baltimore County, MD Mill Creek - Antioch 2008 TN Int. Plateau Urban 0 10,000 X X X X N/A Y TSMP** Sugar Creek 2008 TN Int. Plateau Rural 0 9,000 X U P P U Y TSMP** Windy Cove 2008 VA Mountain Rural 5 0 X X X X N/A N TNCVA (VARTF) Newby Lane 2007 IN Central Lowlands Urban 0 1,825 X X X X U Y Town of Plainfield, IN Gwynn Falls Tributary 2009 MD Piedmont Urban 0 2,000 X X N/A N/A X Y Baltimore County, MD Laurel Valley 2009 MD Piedmont Urban 0 2,000 X X X N/A X Y Harford County, MD Pavilion Branch 2007 TN Int. Plateau Urban 0 5,500 X X X X X Y TSMP** Farrar Dairy 2008 NC Piedmont Rural 130 12,500 X X X X X Y NCEEP* Dog Bite 2009 NC Mountain Rural 0 3,700 X X X X U Y NCEEP* Crab Creek 2006 NC Piedmont Rural 32 6,000 X X X N/A N/A Y NCEEP* Little Troublesome 2006 NC Piedmont Urban 6 2,200 X X X N/A U Y NCEEP* Cane Creek 2006 1 NC Piedmont Rural 0 15,000 X X X X X Y NCEEP* X = completed, U = underway, P = pending, N/A = not part of project Clients: *NCEEP-NC Ecosystem Enhancement Program; **TSMP-Tenn. Stream Mitigation Program; ***TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund,- und;* ** * *MD SHA -Maryland State Highway Administration Region/Character I Size Type of Project Work and Current Status E Z 0 0 V 0 � cn V S Q N a V ) .2 0 >, a N t V O s 3 V n V Q O `m L.L 0 N v> C N E h N Q C N \ co co . V E} - N n 0 .E 0 a-0 0 V 0 v C N C C _� C •N �s Z U C N U Brown 2005 NC Piedmont Rural 25 0 X X X X X N NCEEP* Daniels #2 2006 NC Piedmont Rural 15 0 X X X X X Y NCEEP* Harrell 2008 NC Coastal Rural 15 8,238 X X X X X Y NCEEP* Glen Raven 2007 NC Piedmont Rural 0 3,800 X X X X X Y NCEEP* Collins Creek 2008 NC Piedmont Rural 0 12,000 X X X X X Y NCEEP* George Creek 2005 IN Piedmont Urban 12 5,500 X X X X X Y Pannatoni Construction Bold Run 2005 NC Piedmont Rural 0 1,600 X X X N/A N/A Y NCEEP* Winters Run 2005 MD Piedmont Urban 0 1,700 X X X N/A X Y Harford County, MD Malahorn Creek 2004 DE Coastal Rural 2 2,200 X N/A N/A N/A N/A N DEL DOT Upper North Fork 2004 MD Piedmont Urban 0 2,000 X X X N/A U Y MD SHA**** McCain Site 2008 NC Piedmont Rural 0 3,000 X X X N/A N/A Y NCEEP* Tank Creek 2003 NC Coastal Urban 0 1,200 X X X X X Y USACOE Briles Site 2008 NC Piedmont Rural 0 2,500 X X X N/A N/A Y NCEEP* High Point C.C. 2003 NC Piedmont Urban 0 8,000 X N/A N/A N/A N/A Y NCDOT Johnson Farm 2008 NC Piedmont Rural 0 2,200 X X X N/A N/A Y NCEEP* Richland Creek 2008 NC Piedmont Urban 0 10,000 X X X X X Y Town of Wake Forest Daniels Farm 2005 NC Piedmont Rural 30 0 X X X X X N NCEEP* Nottoway Rvr. Bank 2003 VA Coastal Rural 24 0 X X X N/A X N VDOT Pocoshock Creek 2003 VA Piedmont Urban 0 4,000 X N/A N/A N/A N/A Y VDOT Henrico County 2003 VA Piedmont Urban 0 1,400 X N/A N/A N/A N/A Y Henrico County James River Bank 2003 VA Mountain Rural 40 5,000 X N/A N/A N/A N/A Y VDOT Route 33 2003 VA Coastal Rural 5 0 X X X N/A N/A N VDOT X = completed, U = underway, P = pending, N/A = not part of project Clients: *NCEEP-NC Ecosystem Enhancement Program; * *TSMP-Tenn. Stream Mitigation Program; * * *TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund; * * * *MD SHA -Maryland State Highway Administration Region/Character Size Type of Project Work and Current Status C •V N 0 2 C 0 p Z Q V C N N Q J E CN E C c O N 0 p C C L V) g o m a L ; C.� c Gam U y s U a _ N N o c o. O ZUo U a 3 Q U Q U White Lick Creek 2002 IN CL Urban 0 15,840 X X X N/A U Y INDOT Third Fork Creek 2005 NC Piedmont Urban 0 3,500 X X X N/A X Y NCDOT McIntyre Creek 2009 NC Piedmont Urban 0 6,000 X X X N/A N/A Y NCEEP* Metro Atlanta 2001 GA Piedmont Urban 0 56,000+ X X N/A N/A N/A N GA DOT Rock Creek Anacostia 2001 MD Coastal Urban 20 24 X X X N/A N/A Y MD SHA**** River Fish Passage Removal Bynum Run 2001 MD Coastal Urban 0 2,500 X X N/A N/A N/A Y MD SHA**** Wilmington LWPI 2001 NC I Coastal Urban 1,500 65,000 X N/A N/A N/A N/A Y NCDOT UT to Deep River 2001 NC Piedmont Rural 0 5,700 X X X N/A X Y NCDOT Hominy Swamp Cr. 2001 NC Coastal Urban 0 2,232 X X X Y X Y NCWRP Rich Fork 2001 NC Piedmont Rural 30 3,386+ X X X X Y NCWRP Speight Branch 2001 NC Piedmont Rural 0 1,500 N/A N/A X X N/A Y NCWRP Abbott Creek 2001 NC I Piedmont Urban 0 1,200 N/A N/A X X N/A N NCWRP US Route 220 2001 PA Mountain Rural 0 21,000 X X X N/A N/A Y PENN DOT Frontier Museum 2001 VA I Mountains Urban 4 500 X X X N/A U Y VDOT Woodrow Wilson 2001 VA Coastal Urban 5 2,000 X X N/A N/A N/A Y VDOT Wetlands White Marsh Run 2000 MD Coastal Urban 0 13,200 X X X N/A X Y MD SHA**** White Marsh Run (3 2000 MD Coastal Urban 6 13,200 X X X N/A X MD SHA**** Channels) Five Daughters Run 2000 MD Piedmont Rural 5 800 X X X X N/A Y MD SHA**** Kerr Reservoir 2000 NC Piedmont Rural 0 21,000+ 1 X I X X N/A X Y MD SHA*** X = completed, U = underway, P = pending, N/A = not part of project Clients: *NCEEP-NC Ecosystem Enhancement Program; **TSMP-Tenn. Stream Mitigation Program; ***TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund; * * * *MD SHA -Maryland State Highway Administration Region/Character Size Type of Project Work and Current Status O V _c n \ C 0 c O O O Z U V 2 S V J E 0 U E U C - C.2) C V N V) ' O p y N N N N Q 7 C •N O a� c s 0 pZUp U Cl- U IQ Starmount Park 2000 NC Piedmont Urban 0 3,500 X X X N/A N/A Y DENR Lindley Park 2000 NC Piedmont Urban 0 1,400 X X X N/A N/A Y NCDOT Sussmans Park 2000 NC Piedmont Urban 0 1200 X X X N/A N/A Y NCDOT High Point 2000 NC Piedmont Urban 0 22,000+ X N/A N/A N/A N/A Y NCDOT Edsel Place 2000 NC Piedmont Urban 0 2,400 X X N/A N/A N/A Y NCDOT Woodrow Wilson 2000 VA Coastal Urban 25 5,000 X X X N/A X Y VDOT Star. Forest C.C. 1999 NC Piedmont Urban 0 8,030 X X X N/A N/A Y NCDOT Slaughterhouse Br. 1998 MD Piedmont Urban 1 2,500 X X X X N/A Y MD SHA**** MD Route 100 1998 MD Piedmont Urban 0 1,000 X X X X N/A Y MD SHA**** Shepherds Tree 1998 NC Piedmont Rural 120 10,000+ X X X N/A N/A Y NCDOT Wiggins Mill 1998 NC Coastal Rural 90 71600 X X X N/A N/A Y NCDOT Cemetery Branch 1998 NC Piedmont Urban 0 1,200 X X X N/A N/A Y NCDOT X = completed, U = underway, P = pending, N/A = not part of project Clients: *NCEEP-NC Ecosystem Enhancement Program; **TSMP-Tenn. Stream Mitigation Program; ***TNCVA (VARTF) The Nature Conservancy of VA, VA Aquatic Resources Trust Fund,- und;* ** * *MD SHA -Maryland State Highway Administration TABLE 2. PROJECT MANAGEMENT / MITIGATION EXPERIENCE - TIM MORRIS, SINCE 2000 Project Name Year Purpose State Value (millions) Role Client Bounds Wetland 2003 Mitigation - US 113 Maryland 0.8 Design Review/CM MSHA Bradford Wetland 2003 Mitigation - US 113 Maryland 0.3 Design Review/CM MSHA Bishop Wetland 2002 Mitigation -US 113 Maryland 0.1 Design Review/CM MSHA Mitchell Wetland 2001 Mitigation -US 113 Maryland 0.1 Design Review/Construction PM MSHA Lopez Site 2003 Mitigation - US 113 Maryland 0.2 Design Review/Construction PM MSHA Mitchell Wetland 2002 Mitigation -US 113 Maryland 0.2 Design Review/Construction PM MSHA Mariner Site 2003 Mitigation -US 113 Maryland 0.2 Design Review/Construction PM MSHA Cropper Site 2002 Mitigation - US 113 Maryland 0.2 Design Review/Construction PM MSHA US 50 and US 113 Site 2002 Mitigation - US 113 Maryland 0.1 Design Review/Construction PM MSHA Bladensburg Marina Tidal Wetland 2005 Mitigation - WWB Maryland 0.8 Design Review/Contracting/CPM MSHA Tuxedo Road Wetland 2004 Mitigation - WWB Maryland 0.5 Design Review/Contracting/CPM MSHA Northwest Branch Fish Passage Sites 2005 Mitigation - WWB Maryland 1.4 Design Review/Contracting/CPM MSHA Sligo Creek Fish Passage Sites 2005 Mitigation - WWB Maryland 0.5 Design Review/Contracting/CPM MSHA Indian Creek Fish Passage Sites 2005 Mitigation - WWB Maryland 0.8 Design Review/Contracting/CPM MSHA Rock Creek Fish Passage Sites 2006 Mitigation - WWB Washington, D.C. 4.8 Design Review/Contracting/CPM MSHA SAV Planting Potomac River 2004 Mitigation - WWB Maryland - Virginia 0.5 Design Review/Contracting/CPM MSHA Four Mile Run Park Wetland & SM 2003 Mitigation - WWB Virginia 0.8 Design Review/Contracting/CPM VDOT VA Tidal Wetlands - Interchanges 2003-2006 Mitigation - WWB Virginia 0.3 Design Review/Contracting/CPM VDOT Mason Neck Segmented Breakwaters 2003 Mitigation - WWB Virginia 0.5 Design Review/Contracting/CPM VDOT Silver Property Tidal Wetlands 2004 Mitigation - WWB Virginia 0.5 Design Review/Contracting/CPM VDOT Aquia Harbour Property Tidal Wetlands 2004 Mitigation - WWB Virginia 0.4 Design Review/Contracting/CPM VDOT Anacostia 11 Tidal Wetland Mitigation 2006 Mitigation - WWB Maryland 6.0 Design Review/Contracting/CPM MSHA Reforestation Sites - WWB 2003-2006 Mitigation - WWB Maryland 0.3 Design Review/Contracting/CPM MSHA McIntyre Site 2007 Mitigation - EEP North Carolina 1.3 Construction Administrator MSHA McCain Site 2008 Mitigation - EEP North Carolina 0.5 Construction Administrator NCEEP Briles Site 2008 Mitigation - EEP North Carolina 0.5 Construction Administrator NCEEP Johnson Site 2008 Mitigation - EEP North Carolina 0.5 Construction Administrator NCEEP Little Troublesome Creek Site 2009 Mitigation - EEP North Carolina 0.5 Construction Administrator NCEEP UT to Crab Creek Site 2010 Mitigation - EEP North Carolina 0.8 Construction Administrator NCEEP Cane Creek 2005 Mitigation - EEP North Carolina 3.1 Project Manager/Construction/Closeout NCEEP Collins Creek 2005 Mitigation - EEP North Carolina 1.5 Project Manager/Construction/Closeout NCEEP Daniels Farm 2005 Mitigation - EEP North Carolina 0.5 Project Manager/Construction/Closeout NCEEP Glen Raven Site 2005 Mitigation - EEP North Carolina 1.0 Project Manager - Full Project NCEEP Harrell Site 2005 Mitigation - EEP North Carolina 1.9 Project Manager - Full Project NCEEP Farrar Dairy 2006 Mitigation - EEP North Carolina 5.9 Project Manager - Full Project NCEEP Dog Bite Creek 2006 Mitigation - EEP North Carolina 0.9 Project Manager - Full Project NCEEP Buffalo Flats 2010 Mitigation - EEP North Carolina 1.2 Project Manager - Full Project NCEEP Jacobs Landing 2011 Mitigation - EEP North Carolina 1.3 Project Manager - Full Project NCEEP Jacobs Ladder 2011 Mitigation - EEP North Carolina 1.4 Project Manager - Full Project NCEEP Twin Bays 2012 Mitigation - EEP North Carolina 0.8 Project Manager - Full Project NCEEP Bear Basin 2012 Mitigation - EEP North Carolina 0.6 Project Manager - Full Project NCEEP Stanley Slough 2012 Mitigation - EEP North Carolina 1.6 Project Manager - Full Project NCEEP Norman's Pasture 2012 Mitigation - EEP North Carolina 1.3 Project Manager - Full Project NCEEP Bowl Basin 2012 Mitigation - EEP North Carolina 0.5 Project Manager - Full Project NCEEP Stanley's lI 2013 Mitigation - EEP North Carolina 0.4 Project Manager - Full Project NCEEP Norman's Pasture II 2014 Mitigation - EEP North Carolina 0.5 Project Manager - Full Project NCEEP Bowl Basin Restoration Site Onslow County, North Carolina The Bowl Basin Wetland Restoration Site (BBWRS) is a full - delivery mitigation project being developed for the North Carolina Department of Environment and Natural Resources, Division of Mitigation Services (DMS). The BBWRS is a former non -riparian wetland system in the White Oak River Basin (03020106 8 -digit HUC) in northeastern Onslow County, North Carolina that had been substantially modified to maximize agricultural production. The site offered the opportunity to restore impacted agricultural lands to non -riparian wetland habitat. The project will provide the restoration of approximately 11.7 acres of non -riparian wetland. Project goals identified in White Oak River Basin Restoration Priorities (WORBRP) were incorporated into the goals of the BBWRS. These goals include: • Slow and treat the runoff of up-slope agricultural drainage • Restore a hardwood flats community • Create additional valuable wetland habitat in the Upper White Oak drainage basin The project goals were addressed through the implementation of the following project objectives: • Filled field ditches to restore surface flow retention and elevate local groundwater levels • Alleviated surface compaction and furrow drainage by surface roughening throughout the site • Redeveloped longer wetland flow patterns to increase surface flow retention time • Restored a native forested hardwood wetland community using native trees and seed mixes Construction was completed in the Fall of 2014. The site is currently being monitored. OWNER REFERENCE: NC DMS, Kristin Miguez, 919-796-7475 ENGINEER REFERENCE: Gary Mryncza 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager: Tim Morris Design: Alex French, Adam Spiller Construction: Kevin O'Briant Monitoring: Tommy Seelinger, Alex French PROJECT VALUE: $529,000 DELIVERY METHOD: Full Delivery KC T www.kci.com Twin Bays Wetland Restoration Site Duplin County, North Carolina The Twin Bays Wetland Restoration Site (TBWRS) is located northwest of Wallace, North Carolina. TBWRS is a full -delivery mitigation site developed for the North Carolina Department of Environment and Natural Resources, Division of Mitigation Services (DMS). The site is located within the Cape Fear River Basin (03030007 8 -digit HUC) and the Rock Fish Creek Local Watershed (03030007090040 14 -digit HUC) which has been identified as a Target Local Watershed (TLW). The project will provide the restoration of approximately 10.6 acres of non -riparian wetland and 0.4 acre of upland habitat. The primary restoration actions were the filling of existing ditches and roughening of the compacted ground surface, but also included the modification of an existing pond and the redevelopment of active seepage areas. Project goals addressed stressors identified in the watershed. Goals included: • Slow and treat the runoff of upslope agricultural drainage. • Restore a Hardwood Flats Community. • Develop valuable wetland habitat niches within a drained agricultural landscape. The project goals were addressed through the implementation of the following project objectives: • Filled field ditches to restore surface flow retention and elevate local groundwater levels. • Modified an existing pond to its natural seep condition to feed the downslope wetland. • Restored a forested hardwood wetland community using native trees and seed mixes. Construction was completed in the winter of 2014. The site is currently being monitored. OWNER REFERENCE: NC DMS, Kristin Miguez, 919-796-7475 ENGINEER REFERENCE: Gary Mryncza 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager: Tim Morris Design: Alex French, Adam Spiller Construction: Kevin O'Briant Monitoring: Tommy Seelinger, Alex French PROJECT VALUE: $735,000 DELIVERY METHOD: Full Delivery KC T • Redeveloped longer wetland flow patterns to increase surface wwwkci.com Jacob's Ladder and Jacob's Landing Stream Restoration Rowan County, North Carolina The Jacob's Ladder and Jacob's Landing stream restoration sites OLS) are two full -delivery mitigation projects being developed for the North Carolina Ecosystem Enhancement Program (EEP). The sites offer the opportunity to restore two first -order stream systems draining to Irish Buffalo Creek in the Lower Yadkin - Pee Dee River Basin (HUC 03040105). The streams had been impacted by decades of unrestricted cattle access and related agricultural activity. Now completed, the two sites will restore, enhance and preserve approximately 10,000 linear feet of stream channel. The projects are located in the Irish Buffalo Creek Local Watershed Unit (HUC 03040105020040), which the EEP has identified as a Targeted Local Watershed (TLW). Project goals address stressors identified in the watershed and include: •Reduce sediment supply entering Irish Buffalo Creek. •Restore a diverse riparian corridor that connects to forested stream systems both upstream and downstream of each project. The following activities will be implemented to achieve these goals: •Restore stable channel planform to streams that have been straightened and modified. •Reshape and stabilize eroding stream banks. •Protect and stabilize incoming seepage flow into the site's tributaries. •Plant site with native trees to help reestablish a diverse riparian corridor. •Install exclusion fencing to keep livestock out of the project streams. The two sites encompass a series of tributaries that make up a portion of the Irish Buffalo Creek headwaters in southwestern Rowan County near China Grove. The sites are located in a water supply watershed; Irish Buffalo Creek flows into Kannapolis Lake, the primary water source for the City of Kannapolis. Downstream of Kannapolis Lake, Irish Buffalo Creek is listed as impaired on the 2010 North Carolina 303(d) list for turbidity and copper. Construction is completed and the site will be monitored for five years. OWNER REFERENCE: NCEEP, Tim Baumgartner 919-707-8543 ENGINEER REFERENCE: Gary Mryncza 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager:Tim Morris Design: Adam Spiller Construction Inspector: Kevin O'Briant Quality Control, Deliverables: Kristin Knight Meng PROJECT VALUE: S2.8 Million DELIVERY METHOD: Full Delivery KCI www.kci.com Stanley's Slough /II Stream and Wetland Restoration Projects Northampton County, North Carolina Stanley's Slough and Stanley's II stream and wetland restoration project involved the restoration of coastal plain wetlands, streams and riparian buffers. The project will restore approximately 4,274 LF of stream and 10 acres of riparian wetlands that have been impacted by anthropogenic processes, including grazing, crop production, land clearing and stream channel modification. The project goals developed in the project's mitigation plan addressed stressors identified in local watershed planning documents including the need to: •Restore streams and riparian buffers to provide shade and temperature control and increase in stream woody debris for habitat. •Restore and protect sensitive aquatic resources to improve habitat and species diversity through the restoration of wetlands, streams, and riparian buffers. •Implement wetland and stream restoration projects that reduce sources of nutrient pollution and surface runoff by restoring hydrology and vegetation, stabilizing banks, and restoring natural geomorphology where appropriate. All of these goal were accomplished through careful planning, design and project implementation. KCI restored a diverse headwater stream and wetland community through the design and implementation of stream and wetland grading plans designed to restore the impacted channel and ancillary drainage network to its historic condition. All of the drainage modifications were implemented to increase the elevation of the local groundwater table through the elimination of lateral drainage ditches and modification of existing channelized streams which allowed the designers to reconnect the site hydrology to historic flow paths. Project construction and planting were completed in March 2014. The site is currently in its first year of monitoring and will be monitored for a total of seven years. REFERENCE: NCEEP, Lindsay Crocker 919-707-8944 ENGINEER REFERENCE: Gary Mryncza 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager: Tim Morris Design: Alex French; Adam Spiller Construction Inspection: Kevin O'Briant VALUE: $2 Million DELIVERY METHOD: Full Delivery KCI www.kci.com The Nature Conservancy -Johnson and Waddle Sites Smyth County, Virginia With funding provided by the Virginia Aquatic Resources Trust Fund (VARTF), KCI has contracted with The Nature Conservancy of Virginia to provide 21 acres of forested wetland mitigation on two sites in Smyth County, Virginia. These sites, known as the Johnson and Waddle Sites (JWS), will provide wetland mitigation credit along the North Fork Holston River in southwestern Virginia. Following the implementation of the proposed mitigation design, the JWS will provide 10.0 acres of wetland restoration, 8.3 acres of wetland creation, 6.6 acres of wetland enhancement, and 11.3 acres of upland buffer restoration. Together these areas will offer 21.0 units of forested wetland mitigation. The restoration of the Johnson and Waddle Sites offers an opportunity to provide functional wetland uplift to the Tennessee River Basin. The project goals include the following: • Expand forested wetland habitat for migratory birds, amphibians, and other wildlife. • Increase nutrient uptake from surrounding pasture and agricultural lands. The project goals were addressed through implementation of the following objectives: • Filled field ditches and install ditch plugs to slow the outflow of groundwater from the JWS. • Redeveloped surface roughness to capture and retain precipitation on the site. • Planted the sites with species native to Mountain Alluvial Forest and Mountain Swamp Seep communities. • Restored an upland buffer to protect wetland resources. The proposed mitigation actions at the JWS restored the hydrology and vegetation that had been altered or entirely removed from the project sites. At the Johnson Site, the mitigation approach focused on increasing hydrologic retention through targeted grading in the creation areas and restoring surface roughness in restoration areas. Targeted locations in the creation areas had 1-2 feet of sub -soil removed to reach soils with a slower hydraulic conductivity. In compacted areas, surface roughness was restored by tilling the soil to form microtopography +/- 0.5 foot. Mitigation actions at the Waddle Site focused on filling the ditch that drains the entire length of the project. A spring that is at the top of the main ditch was developed to allow a natural seepage pattern through the wetland. Also, two smaller ditches were filled to lengthen the hydroperiod throughout the site. Construction was completed in the fall of 2012. The site is currently being monitored. CLIENT: The Nature Conservancy of Virginia PROJECT VALUE: S800K COMPLETED: Preliminary Assessment, Conceptual Design SERVICES: Easement Acquisition Site Identification Categorical Exclusion Site Assessment, Design Construction Monitoring KCI www.kci.com Farrar Dairy Wetland and Stream Restoration FDP Lillington, Harnett County, North Carolina The Farrar Dairy Site is located southwest of Lillington, in Harnett County. KCI found the site, assessed existing conditions, developed the appropriate stream and wetland design, and completed the construction. The project will provide mitigation credit for stream and wetland impacts by restoring, enhancing, and preserving 13,044 linear feet of stream and 112 acres of wetland. The project aimed to restore the streams, riparian buffers and forested wetlands along the North Prong of Anderson Creek (NPAC), the main stream through the site, in order to reestablish an interconnected floodplain corridor. The project streams and wetlands at the site had become degraded through poor grazing management and vegetation removal. The NPAC was channelized to maximize use of agricultural fields, but this modification also disconnected NPAC from its floodplain. Ditches had been installed to drain wetlands, and incoming tributaries to the NPAC were straightened to conveywater straight through the property. Impoundments and berms were built to attract migratory waterfowl, but these features disrupted the natural hydrologic regime of the site. The Farrar Dairy Site was an ideal opportunity to return a highly altered system to a contiguous stream and wetland complex. KCI performed an existing conditions site analysis and developed a design to raise the bed elevation of the NPAC and restore a natural meander pattern to reconnect the stream to its historic floodplain. The restoration plan also called for filling and plugging ditches in the drained hydric soils to restore saturated hydrologic conditions, planting a functional Coastal Plain Small Swamp Stream community to create an effective riparian buffer and wetland complex, and grading former agricultural fields to redevelop wetland microtopography. Incoming tributaries to the NPAC were returned to natural channel forms. Existingwetlands of marginal qualitywere enhanced by removing berms, treating invasive species, and partially filling in open water impoundments. The project also included connecting the restored areas to a stream and wetland preservation area along the downstream end of the NPAC. KCI completed monitoring the site in December 2013. Closeout of the site with the Interagency Review Team occurred in May 2014. All contracted credits are anticipated to be delivered to NCEEP as a result of the closeout meeting. OWNER REFERENCE: NCEEP, Tim Baumgartner, 919-707-8543 DESIGNER REFERENCE: Gary Mryncza, 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager: Tim Morris Design: Adam Spiller Construction Manager: Tim Morris VALUE: $6 Million _ DELIVERY METHOD: Full Delivery K C T www.kci.com Collins Creek Stream Restoration Chapel Hill, North Carolina The Collins Creek Site (CCS) was full -delivery project developed for the NCEEP. This site was successfully closed out in 2013. The site restored a heavily impacted stream system in order to improve water quality and aquatic and terrestrial habitat. The project restored and enhanced 2,310 existing linear feet of an unnamed tributary to Collins Creek (UTCC) and 6,879 existing linear feet along four of its tributaries (TI, T1A, TIB, and T2). The project streams had become degraded primarily through poor grazing management and vegetation removal. The streams had all experienced bank erosion. Bed degradation and aggradation were also evident throughout the different project reaches. All of the reaches exhibited areas of incision and vertical instability. There were few stable riffle and pool sequences to provide bed diversity. As a result, the ecological diversity and water quality values of the site had been affected adversely. The streams at the CCS were restored using a combination of C, Bc, and B Rosgen stream types. In order to restore the different stream systems on the CCS, a natural channel design approachwas employed using stable reference reaches. Six different reference reach sites were identified for use in the project design. Following the completion of the stream enhancement and restoration, all floodplain areas surrounding the project streams were planted with species consistent with Piedmont Alluvial Forest. The slopes leading up from the floodplain areas and the valleys directly along the channels were planted as Mesic Mixed Hardwood Forest. The planted areas were fenced to ensure that livestock no longer have access to project streams or riparian buffers. KCI Environmental Technologies and Construction (ETC) completed the site restoration and planting in March 2008. Monitoring was completed in December 2012 and a project closeout meeting was completed in June 2013. The project generated 8,884 stream mitigation units for the NCEEP. OWNER REFERENCE: NCEEP, Tim Baumgartner, 919-707-8543 ENGINEER REFERENCE: Gary Mryncza, 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager: Tim Morris Construction Inspection: Kevin O'Briant Design: Adam Spiller, Kristin Knight -Meng, Alex French VALUE: $1.9 Million DELIVERY METHOD: Full Delivery KCT www.kci.com Harrell Stream and Wetland Restoration Edgecombe County, North Carolina The Harrell Stream and Wetland Restoration Site is located in the Coastal Plain in Edgecombe County. The project will mitigate stream and wetland impacts within the Tar -Pamlico River Basin by restoring 6,808 linear feet on an unnamed tributary to Swift Creek and 15 acres of wetlands. Project goals included protecting aquatic resources from excess nutrients, sediment, and other pollutants coming from the agricultural watershed; reestablishing terrestrial and aquatic habitat, and connecting the site to the existing floodplain corridor along Swift Creek. Project objectives included restoring a stable stream channel with the appropriate pattern, profile, and dimension that can support a sand transport system; connecting the stream to a functioning floodplain; filling and plugging ditches in the drained hydric soils to restore a wetland hydroperiod, and planting tree species typical of a Coastal Plain Small Swamp Stream along the stream riparian corridor and floodplain. The stream restoration included four separate reaches that were restored based on a combination of Priority Levels 2 and 3. Log drop structures were used to control grade throughout the profile. The stream was restored to a B5c and C5 stream types. The wetland design was completed in August 2006, construction began in October 2006 and the wetland was planted in February 2007. The stream design and restoration plan were completed in April 2007, construction began in July 2007 and the stream was planted in January 2008. The site was monitored through 2012. The site was closed out by the Interagency Review Team (IRT) in the spring 2013. The site received the full credit requested at closeout by the NCEEP. OWNER REFERENCE: NCEEP, Tim Baumgartner, 919-707-8543 ENGINEER REFERENCE: Gary Mryncza 615-377-2499 TEAM MEMBERS: Principal in Charge: Joe Pfeiffer Project Manager: Tim Morris Design: Adam Spiller; Alex French Quality Assurance/Quality Control: Kristin Knight Meng VALUE: $2 Million DELIVERY METHOD: Full Delivery KCI www.kci.com Cane Creek Stream Restoration FDP Person County, North Carolina KCI is developing the Cane Creek Tributary Site as a full -delivery stream mitigation project for the NCEEP. The site is located in northwestern Person County, North Carolina within the upper portion of the Roanoke Basin and drains into Hyco Lake. The site is uniquely situated in the piedmont of North Carolina with a large number of groundwater seeps feeding small headwater tributaries that drain into Cane Creek. Across the site, there are ten separate tributaries that makeup over 18,000 linear feet of completed stream mitigation. KCI developed a restoration plan for the site that involved a combination of stream restoration and enhancement of B and Bc channel types. The project reaches were designed as restoration or enhancement based on the level of departure from a stable stream system. On the steeper tributaries with severe headcuts, log structures were installed to stabilize bed elevations and to recreate pool habitat. Other streams at the CCTS required less intensive work and bank stabilization techniques were incorporated among existing mature trees and bedrock. A riparian planting plan at the CCTS site was developed using Piedmont Alluvial Forest species in flood prone areas and Mesic Mixed Hardwood Forest species in slopes leading away from lower lying areas. Livestock exclusion fencing was also installed along all of the streams in order to prevent any future impacts from cattle. Construction was initiated in May 2008 and completed in December 2008. The first year of post -construction monitoring was completed during the summer of 2009. Monitoring was concluded in December 2013. Project closeout will occur in June 2014. OWNER REFERENCE: NCEEP, Tim Baumgartner, 919-707-8543 ENGINEER REFERENCE: Gary Mryncza, 410-316-7862 TEAM MEMBERS: Project Director: Joe Pfeiffer Project Manager: Tim Morris Superintendent: Kevin O'Briant Cost Estimator: Tim Morris VALUE: $3.2 Million DELIVERY METHOD: Full Delivery K C T www.kci.com Norman's Pasture Wetland Restoration Sampson County, North Carolina Norman's Pasture and Norman's Pasture II Restoration Site is a headwater stream and wetland system in Sampson County that has been substantially modified to maximize grazing and agriculture. The site, with approximately 25 acres of wetland restoration and 750 linear feet of stream restoration potential consists of a collection of tributaries that drain down moderately - sloped valleys onto the floodplain of Stewarts Creek, a large fourth -order blackwater stream. The streams have been moved and straightened and the wetlands have been ditched in order to clear and drain the land for anthropogenic uses. Despite these modifications, there are areas with high-quality wetlands that remain on the property. The site offers the potential to restore and protect a range of unique aquatic resources in one setting — existing riparian wetlands, a steep forested tributary, lower gradient seep -fed headwaters, and artesian springs. In the Cape Fear River Basin Restoration Priorities (NCEEP 2009), the goals for the 8 -digit hydrologic unit include focusing on water quality improvements and protecting Outstanding Resource Waters. Project goals will support these larger aims and include: • Reconnect a continuous stream and wetland headwater system to Stewarts Creek • Improve and expand riparian habitat along Stewarts Creek • Buffer nutrient inputs from adjacent agricultural and grazing practices The following objectives will be implemented to achieve the goals: • Redevelop headwater stream -wetland complexes that have previously been impacted by ditching • Protect and integrate existing riparian wetlands into the project design • Plant any unvegetated riparian areas with native plant communities • Fence all easement areas to protect the site's resources from grazing The site is currently in the construction stage and is anticipated to be completed in summer of 2015. REFERENCE: NCEEP, Kristin Miguez, 910-796-7475 ENGINEER REFERENCE: Gary Mryncza 615-377-2499 TEAM MEMBERS: Project Director: Joe Pfeiffer Project Manager: Tim Morris Lead Designer: Adam Spiller Quality Assurance/Quality Control: Kristin Knight Meng VALUE: $1.8 Million DELIVERY METHOD: Full Delivery KCT www.kci.com West Piney River Restoration Project Dickson County, Tennessee Under a design -build delivery with team member KCI Technologies, Inc., KCI Environmental Technologies and Construction (ETC) was responsible for constructing the restoration and enhancement of approximately 3.5 miles of the main stem of West Piney River (WPR), Coon Creek, and Fielder Branch (the latter two are tributaries that join WPR in the project reach) in Dickson. This TSMP project delivered on goals of land loss reduction, reversing the rapid degradation of the stream/riparian zone, aquatic and terrestrial habitat enhancement, and improvement of water quality as a product of sediment reduction and riparian re -vegetation. The WPR exhibited varying levels of instability as evidenced by bank erosion, unstable undercut banks, unstable sediment deposition (frequent mid -channel and transverse bars), fallen and falling trees, and formation of blockages. Limited bed form variability and the absence of deep pools and structure to maintain them limited the quality of aquatic habitat throughout the project reach. The scope of the restoration construction included re -grading eroding banks, establishing appropriate bank -height ratios by re -connecting the streams with a functional floodplain, establishing grade controls using constructed riffles, incorporating large woody debris and submerged log and boulder scour structures, using combination biotechnical stabilization techniques including structural stone foundations and encapsulated soil lifts with brush layering and live staking, and planting of a minimum 50 -foot buffer protected within a permanent conservation easement. In addition to earthwork, ETC was also responsible for establishing and maintaining EdzSC and maintenance of stream flow in accordance with the design drawings and permit conditions. Existing infrastructure running parallel to the project, specifically an existing road and water line, required close coordination with the utility owners and required modifications to site grading to accommodate necessary clearances. In addition, KCI and ETC handled public outreach and coordination with 12 separate landowners and exercised caution to maintain livestock watering access throughout the construction period. Further, ETC managed the project phasing to accommodate an in -stream construction prohibition period intended to protect the Egg Mimic Darter (Etheostoma pseudovulatum). OWNER REFERENCE: Joey Woodward, 615-831-9311 TEAM MEMBERS AND CURRENTLY WITH THE FIRM: Project Director: Gary Mryncza Project Manager: Adam Spiller Design: Kristin Knight Meng; Adam Spiller VALUE: $1.8 Million DELIVERY METHOD: Design -Build KCI www.kci.com Leiper's Fork Stream and Wetland Restoration Williamson County, Tennessee KCI provided professional assessment, design, and construction management and key points land surveying services to restore two portions of Leipers Fork as well as two of its tributaries on two private rural parcels in Williamson County, Tennessee. The primary goals of the project was restoring a stable channel form, enhancing instream habitat, and restoring riparian habitat. In order to achieve these goals KCI proposed: re-establishing appropriate pattern and dimension of the streams using a natural channel design approach, restoring bedform diversity in the form of pools and riffles; enhancing the ability of the site to mitigate municipal storm water and accompanying pollutants, and establishing a protected riparian corridor planted with native vegetation adjacent to the project streams. Design and construction constraints included confining features structures (houses, driveways and bridges), utilities (electrical and water), rock outcrops/bluffs, large individual trees, stacked rock walls (with historical significance) and sensitive areas. These constraints required restoration work to be completed within the channel. Construction on the Leipers Fork project began in October 2009 and was completed in April 2010. In total, the project involved 12,274 linear feet of stream restoration and enhancement in addition to 24 adjacent acres put into a perpetual conservation easement. Several sections of the tributaries were abandoned and a new channel and floodplain was constructed incorporating wood/rock vanes and bioengineering. On large sections of Leipers Fork, boulders were stacked to mimic the surrounding rock outcrops/bluffs to gain a natural look on previously washed out stream banks. OWNER REFERENCE: Joey Woodward, 615-831-9311 ENGINEERING REFERENCE: Gary Mryncza, 615-377-2499 TEAM MEMBERS: Project Manager: Adam Spiller Design: Kristin Knight Meng Construction Inspection: Zach Mryncza VALUE: $125,000 DELIVERY METHOD: =� Design -Build K C T www.kci.com PART IV: PROJECT ORGANIZATION Key Personnel NAME RESPONSIBILITIES CERTIFICATIONS YEARS EXPERIENCE PRINCIPAL -IN -CHARGE Joseph J. Pfeiffer, Jr., PWS Principal in Charge Professional Wetland 29 Scientist #927 Rosgen Level I-IV PROJECT MANAGER Timothy Morris Project Manager Rosgen Level I-II 19 PROFESSIONAL PERSONNEL Gary M. Mryncza, PE, PH Engineer of Record Professional Engineer: NC 1.8 #32733, CPESC Rosgen Level I-IV Steven F. Stokes, LSS Site Assessment, Project Rosgen Level I -III, NC WAM 34 Design NC Licensed Soil Scientist -1087 Zach Myrncza, CCM, Site Restoration Rosgen Level I, CCM, 9 CPESC CPESC Adam Spiller, CPESC Site Assessment, Project Rosgen Level I-IV 10 Design, Monitoring/Manage- CPESC ment Joe Sullivan Site Assessment, Monitor- rt ing/Management Kristin Knight -Meng, PE Site Assessment, Project Rosgen Level I-II, NC WAM 9 Design Professional Engineer NC#40899 Michael Underwood, EIT Site Assessment, Monitoring TDEC EPSC Level l 2 OSHA 10 Hour NCSU Rivercourses Alex French Project Design Rosgen Level I-IV 15 Tommy Seelinger Site Assessment, Monitoring 3 Jim Gellenthin, PLS Project Design Professional Land Surveyor: 28 NC #3860 Kevin O'Briant Site Restoration Water Pollution Control Sys- 15 tem Operator (#989400) Rosgen Level I-II All legal aspects related to recordation of the conservation easement will be handled by: Poyner Spruill, 301 S. College Street, Charlotte, NC 28202 Poyner Spruill has performed in this capacity on 21 past full delivery projects for the KCI team. (Key Personnel resumes on the following pages) JOSEPH J. PFEIFFER, JR., PWS Principal -in -Charge Education MA in Physical Geography and Environmental Planning BS in Natural Science AA in Wildlife/Fisheries Management Registration Professional Wetland Scientist (#927) Rosgen Levels I, Il, III, IV 29 Years Experience Mr. Pfeiffer is the Practice Leader for Ecosystem Dynamics and is responsible for all mitigation acquisition and con- struction. Since joining KCI in 1988, Mr. Pfeiffer has been responsible for coordinating all aspects of environmental/en- gineering projects for both public and private clients. Mr. Pfeiffer utilizes his diverse background to integrate engineer- ing and environmental planning to develop a comprehensive project approach that facilitates effective working relation- ships among his design teams. This management style aids his abilities to coordinate design requirements with permit- ting, minimizing unnecessary comments from the regula- tory agencies and providing seamless participation between all parties involved. During his tenure at KCI, Mr. Pfeiffer has been responsible for wetland/stream restoration, bioen- gineering design, shoreline stabilization, wildlife/fisheries habitat assessment and design, recreation planning, GIS da- tabase development and analysis, water quality analysis, wet- land delineation, mitigation and permitting, NPDES permit processing, image processing, and biological inventories. • Farrar Dairy Full Delivery Project, Lillington, North Carolina, NCEEP Project Principal. Directed the loca- tion, acquisition, design development, and permitting of more than 110 acres of wetland and over 12,500 linear feet of stream restoration, enhancement, and preserva- tion. • Collins Creek Full Delivery Project, Orange County, North Carolina, NCEEP Project Principal. Directed the location, acquisition, design development, permitting and construction of a 9,200 linear feet stream restoration project. • Harrell Full Delivery Project, Edgecombe County, North Carolina, NCEEP Project Principal. Directed the loca- tion, acquistion, design development, permitting and construction for the development of 15 acres of wetland restoration and 6,800 linear feet of stream restoration. TIMOTHY MORRIS Project Manager Education MEM in Water Resource Management BS in Natural Resource Management Registration Rosgen Level I, Il 19 Years Experience Mr. Morris has worked as an environmental consultant for 19 years since graduating with a Master of Environmental Manage- ment degree from Duke University. He has worked on a variety of natural resource based planning and construction projects for both private and public sector clients. His expertise is in the water resource management field, and his specific experience includes wetland delineation, wetland permitting, wetland mitigation de- sign and construction management, pond and lake management, environmental construction inspection and watershed planning. Notable projects included the US 113 Dualization project on the Eastern Shore of Maryland and the Woodrow Wilson Bridge Project, a $2.5 billion transportation venture between Maryland, Virginia and the District of Columbia. For this project, Mr. Morris managed the design and construction of 17 successful environ- mental mitigation contracts valued at approximately $20 million. • Farrar Dairy Full Delivery Project, Lillington, North Caro- lina, NCEEP. Lead Scientist/Wetland Designer. Supervised the design of more than 110 acres of wetland mitigation and over 12,500 linear feet of stream restoration, enhancement, and preservation on a large integrated wetland -stream com- plex in the Sand Hills. Coordinated preparation of construc- tion drawings and facilitated the implementation of property improvements coincident to the restoration project. • Windy Cove Farm Wetland Mitigation Project, Millboro Springs, Virginia, TNC. Project Manager. Responsible for the design and construction of approximately four acres of created and restored wetlands for the Virginia Aquatic Re- sources Trust Fund, a mitigation fund managed by the Na- ture Conservancy of Virginia. The project restored a wetland located within an active cattle pasture by altering the cur- rent hydrologic regime through targeted grading intended to mitigate channelization on the site. • US Route 113 Environmental Monitoring, Eastern Shore, Maryland, MSHA. Environmental Inspector. Supervised the construction of five wetland mitigation sites, four nutrient sites, four stream restoration sites, two floodplain restoration projects, two fish passage projects and more than 50 acres of reforestation. STEVEN F. STOKES, LSS Senior Environmental Scientist Education BS in Wildlife Biology Registration Licensed Soil Scientist #1087 USDA -SCS; Soil Correlation & Water Quality OSHA 40 -Hour Safety Training/8-Hour Supervisor Course Rosgen Levels I, II, IIl 34 Years Experience Mr. Stokes is responsible for natural resource investigations including soil classification and interpretation, soil and flood- plain mapping, hydric soil classification and mapping based on NRCS criteria, and water table analysis for wetland mitiga- tion and delineation. Mr. Stokes is also responsible for pro- viding technical quality control reviews and oversees project progression, investigations, analyses, contract documents, and field related activities for projects. • Full Delivery Projects, NC Ecosystem Enhancement Pro- gram. Lead Scientist. Responsible for site location/iden- tification, acquisition, landowner contracts, assessment and technical reports to provide stream, wetland and/or buffer mitigation in the Tar -Pamlico, Cape Fear, French Broad, and Roanoke River Basins. • Brown Farm Full Delivery Project, Durham/Orange Counties, North Carolina, NCEEP. Project Scientist. Re- sponsible for site location/identification, acquisition and contracts, wetlands and soils assessments, permitting, and post -construction management of the 25 -acre resto- ration site in the Cape Fear River Basin. • Daniels Farm Full Delivery Project, Louisburg, North Carolina, NCV)/RP. Project Scientist. Responsible for site location/identification, acquisition and contracts, assess- ment, restoration plan development, permitting, con- struction, reforestation and monitoring of the 30 -acre res- toration site in the Tar -Pam River Basin. • Rich Fork Full Delivery Project, Thomasville, North Caro- lina, NCDOT. Licensed Soil Scientist. Conducted a de- tailed soils investigation to determine if the soils had been buried by alluvial deposition or as a result of overburden from spoil excavated from Rich Fork Creek during chan- nelization. The results provided data to support the con- cept of restoration rather than creation in spite of one -foot of topsoil removal. GARY M. MRYNCZA, PE, PH Project Engineer Education MS in Water Resources MS in Civil Engineering BS in Natural Science BSET in Civil Engineering Technology Registration Hey -River Mechanics and Restoration Rosgen Levels I, II, IIl, IV Professional Hydrologist (H-1605) Professional Engineer (NC #32733) Certified Professional in Erosion & Sediment Control (#4314) 18 Years Experience Mr. Mryncza is the company -wide Discipline Head for Resource Management and specializes in hydrology and streams. His ex- perience includes watershed and site-specific hydrologic analy- sis, stream assessment, feasibility study and restoration design, water quality assessment/stream monitoring, and water resources management. Mr. Mryncza is versed in the use of hydrologic/ hydraulic models and has experience applying natural channel design principles. He has been responsible for the development of design plans for over 50,000 linear feet of channel in North Carolina for NCWRP / NCEEP and NCDOT. • Dog Bite Full Delivery Project, Bakersville, North Carolina, NCEEP Project Engineer. Supervised the design of over 3,000 feet of degraded stream (trout waters) and associated riparian area. Led the design team in existing conditions as- sessments and development of design criteria. Analyzed sed- iment transport and hydrology and hydraulics. Performed quality assurance/control for various design elements. • Pavilion Branch Stream Restoration Project, Nashville, Ten- nessee, TSMP. Project Manager/Design Engineer. Provided assessment and design services for the restoration of over 5,000 feet of urban stream channel. The assessment includ- ed surveying channel morphology, sediment transport and H&H analyses, and evaluating urban constraints. Developed the design criteria and final design drawings and specifica- tions. Conducted a study of the federally -endangered Nash- ville Crayfish and incorporated habitat features into the de- sign. • Glen Raven Full Delivery Project, Burlington, North Caro- lina, NCEEP. Design Engineer. Supervised design of over 3,000 feet of impaired stream and associated riparian area. Led the design team in existing condition assessments, ref- erence reach surveys, and development of design criteria. Performed sediment transport and hydraulic analyses. De- veloped construction drawings and performed quality assur- ance/control for various design elements. ZAN MYRNCZA Site Restoration Education Graduate / 2012 / MCM - Construction Management / Western Carolina University BA / 2007 / Psychology / St. Andrews Presbyterian College Registration TDOT Asphalt Roadway TDEC EPSC Level I CPESC OSHA Construction Safety and Health Course 10 -Hour Rosgen Level I TDOT Concrete Field Technician TDOT Soils and Aggregate Technician 9 Years Experience Zach Mryncza is an environmental scientist that has been in- volved in stream restoration for more than ten years. His re- sponsibilities include stream assessment and monitoring, con- struction oversight and management, erosion prevention and sediment control inspection, and CARD support during plan preparation. • Cane Creek Tributary Restoration Site, North Carolina De- partment of Environment & Natural Resources, Person County, NC. Environmental Scientist KCI developed a restoration plan of approximately 17,000 LF of headwater tributaries that involved a combination of stream restoration and enhancement of B and Bc channel types. The project reaches were designed as restoration or enhancement based on the level of departure from a stable stream system. • Harrell Stream and Wetland Restoration, North Carolina Department of Environment & Natural Resources, Wake County, NC. Environmental Scientist Project involved main stream restoration for 8,238 LF of channelized and exten- sively disturbed agricultural land. Work included Priority 2 restoration to modify plan form, profile and cross section in- cluding any required in -stream structures to provide stabil- ity and habitat. Channel was meandered within 150 feet of approximate belt width. Grading was conducted to establish a floodplain and appropriate cross sectional area. A total of three stream crossings were provided to allow access across easement to the agricultural land to north of the channel. A 75 -foot riparian buffer was planted. The wetland preserva- tion included 16 acres of riverine. • 2008-9 NCEEP Monitoring, Statewide, NC. Environmental Scientist. Stream monitoring services for multiple sites for the North Carolina Ecosystem Enhancement Program. ADAM SPILLER Environmental Scientist Education MEM in Ecosystem Science and Management BS in Biology -Environmental Science Registration Rosgen Level I, I1, II1, IV CPESC # 6515 10 Years Experience Mr. Spiller is experienced in performing stream and wet- land assessments and restoration design. His educational background in biology and environmental management aid him in understanding the functional implications of stream restoration. He has applied these skills in numerous con- texts, including assessment, design, and monitoring. • Dog Bite Full Delivery Project, Bakersville, North Caro- lina, NCEEP. Natural Channel Designer. Prepared the design of over 3,000 feet of degraded stream (trout wa- ters) and associated riparian area. Processed necessary permits and participated in the existing conditions as- sessments and client/landowner coordination. Devel- oped watershed hydrology model to evaluate design discharges for the three drainages contributing to the site. • Collins Creek Full Delivery Project, Orange County, North Carolina, NCEEP. Natural Channel Designer. Prepared the design for the primary tributary and con- tributing drainages to the UT to Collins Creek. Con- ducted existing conditions and reference reach as- sessments, developed design criteria, and prepared construction drawings. Participated in the oversight of construction activities and will be responsible for prep- aration of annual monitoring reports. • 2006-2011 NCEEP Mitigation Monitoring, North Car- olina NCEEP. Project Manager/Monitoring Specialist. Led monitoring efforts on numerous EEP stream/wet- land restoration projects. Monitoring included vegeta- tion assessments and stream morphology assessments. All aspects of monitoring process were conducted from the field survey to final report preparation. • Johnson Site Stream Restoration Project, Hamptonville, North Carolina, NCEEP. Natural Channel Designer. Prepared design drawings (30% through final) for over 2,000 feet of stream restoration. This included design- ing typical channel cross-sections, horizontal and verti- cal alignments, and the riparian planting plan. Tasks also included preparing project reports for permitting. KRISTIN KNIGHT-MENG, PE Senior Project Engineer Education MEM in Ecosystem Science and Management BA in Biology -Environmental Studies Registration NC PE # 040899 Rosgen Level I, 1I 9 Years Experience Ms. Knight -Meng is an Environmental Engineer who spe- cializes in stream and wetland assessment and design. Ms. Knight -Meng has worked on all aspects of stream and wet- land restoration, including site assessment, design, GIS analysis, permitting, hydrologic modeling, and monitoring. Prior to joining KCI, Ms. Knight -Meng had previous experi- ence in watershed management and conservation planning. • Cane Creek Tributary Site Stream Restoration, Person County, North Carolina, NCEEP. Stream Designer/ En- vironmental Scientist. Prepared restoration design of approximately 17,000 linear feet of streams and head- water tributaries. Completed restoration plan and ac- quired necessary permits. • Antioch Fluvial and Riparian Assessment and Concep- tual Plan, Nashville, Tennessee, USACOE. Technical Manager. Completed inventory of stream and riparian problem areas along an urban stream corridor. Devel- oped a report describing prioritized enhancement ac- tions aimed at improving water quality and riparian habitat. • Six Points Stream Monitoring, Indianapolis, Indiana, INDOT. Environmental Scientist. Performed as -built survey on the relocated reaches at the I-70 Six Points Interchange. Completed macroinvertebrate and fish sampling for annual monitoring. • Collins Creek Full Delivery Project, Orange County, North Carolina, NCEEP. Environmental Scientist. Per- formed site assessment work. Developed project resto- ration plan and acquired permits for construction. • Harrell Full Delivery Project, Edgecombe County, North Carolina, NCEEP. Environmental Scientist. Used geo- spatial analysis to analyze land use and hydrologic fea- tures of the project watershed. Incorporated watershed and gauge data to create a HEC -HMS model to analyze hydrologic inputs and outputs in the project watershed. ALEX FRENCH Environmental Scientist Education BS in Natural Resources Registration Rosgen Level I, lI, III, IV 15 Years Experience Mr. French is experienced in performing existing stream con- dition data collection and reference reach assessments us- ing the Rosgen Classification System. His educational back- ground in biology and natural resource management provide an excellent understanding of the functional implications of stream restoration. He has applied these skills in numerous contexts including assessment, design, and monitoring. • Bold Run Stream Restoration Project, Wake Forest, North Carolina, NCEEP. Stream Designer. Assisted with design of over 1,600 linear feet of impaired stream and associated riparian area. Performed existing conditions assessment, reference reach surveys, and development of design criteria. Prepared construction drawings. • Little Troublesome Stream Restoration Project, Reids- ville, North Carolina, NCEEP Stream Designer. Assisted in the design of over 2,100 feet of impaired stream and associated riparian and wetland area. Performed exist- ing conditions assessment, reference reach surveys, and development of design criteria. Prepared construction drawings. • Glen Raven Stream Restoration Project (FDP), Burling- ton, North Carolina, NCEEP. Stream Designer. Assisted with the design of over 3,700 feet of impaired stream and associated riparian area. Performed existing condi- tions assessment, reference reach surveys, and develop- ment of design criteria. Prepared construction drawings. • Collins Stream Restoration Project (FDP), Orange Coun- ty, North Carolina, NCEEP. Stream Designer. Aided in design of over 9,200 feet of impaired stream and asso- ciated riparian area. Performed existing conditions as- sessment, reference reach surveys, and development of design criteria. Developed construction drawings. • Farrar Dairy Stream and Wetland Restoration Project (FDP), Lillington, North Carolina, NCEEP Stream De- signer. Assisted in the design of over 12,000 feet of im- paired stream and associated riparian and wetland area. Performed existing conditions assessment, reference reach surveys, and development of design criteria. Pre- pared construction drawings. KEVIN OBRIANT Site Restoration Education BS in Environmental Science Registration Water Pollution Control System Operator (#989400), Rosgen Level I -I1 15 Years Experience Mr. O'Briant is an environmental scientist with 15 years of experience on projects involving the assessment and remedia- tion of sites impacted with petroleum, chlorinated solvents, pesticides and metals. His experience includes Phase I and II environmental site assessments applying all state, federal, and EPA guidelines. Mr. O'Briant's field experience includes soil, groundwater, and stormwater sampling and installation of groundwater monitoring wells. He has provided oversight for removal of underground storage tanks and soil excavations. • McCain Site Stream Restoration Project Sophia, North Carolina. Construction Supervisor. Managed the resto- ration of over 2,500 linear feet of stream channel. This project restored a cattle impacted stream, utilizing a new stream planform, in -stream structures, livestock exclu- sion fencing, and a planted riparian buffer of native trees and shrubs. • Briles Site Stream Restoration Project Trinity, North Caro- lina. Construction Supervisor. Managed the restoration and enhancement of over 2,600 linear feet of stream chan- nel. The project goals included restoring stable channel morphology, improving water quality, and enhancing aquatic and terrestrial habitat. The project objectives included building an appropriate C4/134c channel with stable dimensions, excluding livestock from the project area, installing in -stream, and planting a riparian buffer of native trees and shrubs. • Windy Cove Farm Wetland Restoration Project, The Na- ture Conservancy, Millboro Springs, Virginia. Project Sci- entist/Equipment Operator. Assisted with the creation, restoration, enhancement and preservation of wetlands and buffer in the Upper James River watershed in Bath County, Virginia. Shallow berms were installed to di- vert surface runoff to feed other portions of the created wetland. In addition, shallow depressions were created to retain surface and shallow subsurface flow to support wetland plants and promote amphibian habitat. Major tasks included the installation of an infiltration structure to allow the surface runoff to exit the site at a slower rate promoting wetland habitat creation. JOE SULLIVAN Environmental Scientist Education BS in Biology and BA Environmental Studies MS in Natural Resources 4 Years Experience Mr. Sullivan is an environmental scientist with four years of experience on projects involving the planning, assessment, permitting, and compliance of infrastructure and develop- ment projects. He has experience with stream and wetland delineations, 404/401 permitting, buffer authorizations, natural resource studies, endangered species surveys, and invasive species management. His experience includes field assessments & delineation, species surveys, GPS data collec- tion, GIS analysis and mapping, and report preparation. He has used these skills in a variety of private developments as well as municipal and NCDOT projects. • NCDOT 1-4400: Widening of 1-26, Buncombe and Hen- derson Counties, NC. Environmental specialist for wet- land/stream delineation, threatened/endangered species surveys, and Natural Resources Technical Report. Project involved the assessment and delineation of approximately 24 miles road. • NCDOT R-2561: Riegelwood Bypass, Columbus County, NC. Environmental specialist for wetland/stream delinea- tion, threatened/endangered species surveys, and Natural Resources Technical Report. Project involved the assess- ment and delineation of approximately 300 acres of for- ested lands. Complied with safety and security guidelines were necessary working on International Paper property. • NCDOT R-2593: Red Springs Bypass, Robeson and Hoke Counties, NC. Environmental specialist for wetland/ stream delineation, threatened/endangered species sur- veys, and Jurisdictional Determinations. Project involved the re -verification, assessment and delineation of approxi- mately 1500 acres of forested and agricultural lands. • NCDOT U -2525C: Greensboro Eastern Loop, Guilford County, NC. Environmental specialist for wetland/stream delineation, threatened/endangered species surveys, and Jurisdictional Determinations. Project involved the re - verification, assessment and delineation of approximately 300 acres of forested and developed lands. • NCDOT R-2250: Greenville Southwest Bypass, Pitt County, NC. Environmental specialist for wetland/stream delineation, threatened/endangered species surveys, Ju- risdictional Determinations, and Buffer Authorizations. involved the re -verification, assessment and delineation of approximately 850 of forest and agricultural lands. TOMMY SEELINGER Environmental Scientist Education BS in Biology 3 Years Experience ,r Mr. Seelinger is an environmental scientist with three years of experience on projects in KCI's resource management division. • 2008-9 NCEEP Monitoring, Statewide, NC. Environmen- tal Scientist. KCI has provided stream monitoring services for the North Carolina Ecosystem Enhancement Program. For this project, the firm performed assessment and doc- umentation for multiple streams restoration sites. • Pond Creek Monitoring, Pegram, TN. Environmental Sci- entist. KCI provided professional stream monitoring and adaptive management planning services in accordance with the TSMP Monitoring Protocol for nine project sites in Middle and West Tennessee as part of an on-call con- tract. The Pond Creek task order included: QVA, two cross-sections, Wolman counts at each riffle cross-section, the Pfankuch Channel Stability Evaluation, survey of twelve rectangular vegetation plots, and photograph ref- erence documentation. • Full Delivery Monitoring. Mr. Seelinger assists in the monitoring of 12 active full delivery projects for KCI. Conducts stream cross section and profile surveys, pebble counts, vegetation surveys and groundwater monitoring. • Design -Bid -Build assessments and monitoring. Mr. Seelinger conducts stream and wetland assessments and monitoring for EEP design -bid -build projects throughout NC. MICHAEL UNDERWOOD, EIT Environmental Scientist Education BS / Biological and Agricultural Engineering Registration TDEC EPSC Level I, OSHA 10 -Hour, NCSU Rivercourses 2 Years Experience Mr. Underwood is an environmental scientist with two years of experience on projects in KCI's resource management divi- sion. • TDOT Mitigation Site Remediation, Statewide, Tennessee. EIT. These task orders involve the assessment of 30 differ- ent TDOT mitigation sites covering all 4 TDOT Regions that were found to have deficiencies during monitoring. These sites include stream and wetland restoration proj- ects. After the assessment a repair strategy is devised and upon approval by TDOT, KCI implements the repairs. These services have been provided to TDOT for three consecutive years and span two stream design contracts. • May Prairie Stream Restoration Site, Manchester, TN. EIT. Work included assessment, stream design, planting plan design, construction drawings, report preparation, and construction contracting. The final design includes over 4,500 linear feet of stream restoration through one of the state's most floristically diverse natural areas. Construc- tion is underway and construction oversight is ongoing. • SR 99 Stream Restoration Project, Murfreesboro, TN. EIT. Due to widening of SR -99 it is necessary to relocate an adjacent stream for the project's onsite mitigation require- ments. KCI conducted a stream assessment and concep- tual design for UT Spence Creek. Currently final plans are being prepared to support resubmittal of permit docu- ments. • Stream Mitigation Monitoring Contract, Middle and West TN. Monitoring Specialist. Involved with data collection and analysis for annual monitoring at multiple stream res- toration sites throughout Tennessee for two years that in- cludes collection of morphologic and vegetation data, and photo -documentation and qualitative visual assessments. • Richland Creek Dam Removal Feasibility Study, Nash- ville, Davidson County, TN. EIT. Assisted with field sur- vey and data collection to study feasibility of removing a 5' high run -of -the -river concrete dam that is impound- ing Richland Creek. Performed sediment collection under standard sampling protocol and summarized laboratory results from upstream, at dam, and downstream locations. JIM GELLENTHIN, PLS Chief Land Surveyor Education Certificate in Survey Technology Registration Professional Land Surveyor (NC #3860) 28 Years Experience Mr. Gellenthin has 28 years of land surveying experience, including supervision of survey personnel, survey proce- dures and data management from courthouse research and field procedures to the production of final mapping. He has vast experience in preparation of topographic, bound- ary, GPS control, environmental and construction surveys. • Collins Creek Full Delivery Project, Orange County, North Carolina, NCEEP. Project Surveyor. Responsible for development of topographic base mapping, TIN creation, easement plats, survey control and as -built drawings for 9,200 linear feet of stream restoration. • Harrell Full Delivery Project, Edgecombe County, North Carolina, NCEEP. Project Surveyor. Responsible for development of topographic base mapping, TIN creation, easement plats, survey control and as -built drawings on 15 acres of wetland restoration and 6,800 linear feet of stream restoration. • Brown Farm Full Delivery Project, Durham/Orange Counties, North Carolina, NCEEP. Project Surveyor. Responsible for development of topographic base map- ping, TIN creation, easement plats, survey control and as -built drawings on over 25 acres of wetland restora- tion. • Glen Raven Full Delivery Project, Burlington, North Carolina, NCEEP. Project Surveyor. Responsible for development of topographic base mapping, TIN cre- ation, easement plats, survey control and as -built draw- ings for over 3,000 linear feet of stream restoration. • Tar -Pam Full Delivery Project, North Carolina Wetlands Restoration Program. Project Surveyor. Responsible for development of topographic base mapping, TIN cre- ation, easement plats, survey control and as -built draw- ings on 30 acres of wetland restoration. • Rich Fork Full Delivery Project, North Carolina Depart- ment of Transportation. Project Surveyor. Responsible for development of topographic base mapping, TIN creation, easement plats, survey control and as -built drawings on 25 acres of wetland restoration and 3,386 linear feet of stream restoration. SECTION 10. LOCATION OF CONTRACT PERFORMANCE (INCLUDE IN TECHNICAL PROPOSAL) WHERE SERVICE CONTRACTS WILL BE PERFORMED In accordance with NC General Statue 143-59.4 (Session Law 2005-169), this form is to be completed and submitted with the offeror's (technical) proposal / bid. (THIS INFORMATION WILL NOT COUNT TOWARD THE 100 PAGE LIMIT REQUIRED FOR TECHNICAL PROPOSAL) ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Issuing Agency: Department of Environment and Natural Resources, Division of Mitigation Services Solicitation #: RFP 16-006477 Agency Contract Person Kathy Dale Phone Number: 919-707-8451 Solicitation Title / Type of Service: For Full Delivery Projects To Provide Stream Mitigation Within Cataloging Unit 03020201 Of The Neuse River Basin As Described In The Scope Of Work COMPLETED BY THE OFFEROR: KCI Technologies, Inc. CITY & STATE: Raleigh, NC Location(s) from which services will be performed by the Contractor: SERVICE CITY / PROVIDENCE / STATE COUNTRY Easement Acquisition, assessment, design, permitting construction, monitoring, credit deliver Raleigh, NC USA Location(s) trom which services are anticipated to be pertormed OUTSIDE THE U. S. by the Contractor: SERVICE ICITY / PROVIDENCE / STATE ICOUNTRY m Location(s) from which services will be performed by subcontractor(s): SERVICE SUBCONTRACTOR CITY/PROVIDENCE/STATE COUNTRY NA Location(s) from which services are anticipated to be performed OUTSIDE THE U. S. by the subcontractor(s): SERVICE SUBCONTRACTOR CITY/PROVIDENCE/STATE COUNTRY NA (Attach additional pages if necessary) RFP 16-006477 Page 30 of 32 SECTION 11. ADDITIONAL OFFEROR INFORMATION (INCLUDE IN TECHNICAL PROPOSAL) (THIS INFORMATION WILL NOT COUNT TOWARD THE 100 PAGE LIMIT FOR THE TECHNICAL PROPOSAL) OFFERORS INFORMATION Offerors Primary Contact (or Project Manager) Name: Joseph J. Pfeiffer, Jr. Agency: KCI Technologies, Inc. Title: Vice President Address: 4601 Six Forks Road, Suite 220 City: Raleigh State/ Zip: NC / 27609 Telephone: 919-278-2500 Fax: 919-783-9266 Email: joe.pfeiffer@kci.com Offerors Execution Address (Where the contract should be mailed for signature) Name: Joseph J. Pfeiffer, Jr. Agency: KCI Technologies, Inc. Title: Vice President Address: 4601 Six Forks Road, Suite 220 City: Raleigh State/ Zip: NC - 27609 Telephone: 919-278-2500 Fax: 919-783-9266 Email: joe.pfeiffer@kci.com Offerors Payment (Remit -To) Address (Where the checks should be mailed) (This address should agree with the "Remit -To" address associated with the Contractor's Tax ID. This information must be verified with the Contractor's Corporate Accounting Office) Name: Laurie Arensdorf Agency: KCI Technologies, Inc. Title: Operations Manager Address: 4601 Six Forks Road, Suite 220 City: Raleigh State/ Zip: NC / 27609 Telephone: 919-278-2510 Fax: 919-783-9266 Email: laurie.arensdorf@kci.com RFP 16-006477 Page 31 of 32 PART V: TECHNICAL APPROACH North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. PART 5 - TECHNICAL APPROACH 5.1 PROJECT GOALS AND OBJECTIVES The Stony Fork Restoration Site (SFRS) is a candidate site for stream restoration in the Neuse River Basin in Johnston County, North Carolina. As evidenced by historic aerial photos and site investigations, the streams at this site have been substantially modified through relocation and straightening, timber harvesting, and other anthropogenic impacts to the riparian buffer. Restoring these streams will return these tributaries to a stable stream ecosystem with a functional riparian buffer and floodplain access. KCI is offering one option for the restoration of this site. This restoration option is consistent with several CU -wide watershed improvement objectives. The project goals for SFRS that are also a part of the CU - wide objectives include: - Reduce and control sediment inputs. - Reduce and manage nutrient inputs. Project -specific goals for the site will include: - Restore ditched and channelized streams to more natural planforms. - Reconnect streams to their relic floodplains - Move streams back to the appropriate position within the landscape. - Buffer nutrient and sediment impacts to the Neuse River and its tributaries from adjacent timber and farming practices. - Improve and expand habitat for a variety of aquatic species. Multiple objectives will be implemented to achieve these goals. Restoring the channelized streams to C- type channels will improve stream stability and reduce sediment loading by reducing channel erosion. Reconnecting the streams to their relic floodplains will promote nutrient cycling and restore habitat. By establishing an easement that will be planted with native vegetation, the buffer will be restored, which will reduce nutrient loading from row crop agriculture within the watershed. 5.2 PROJECT DESCRIPTION The SFRS is situated on the western side of Johnston County. The site is located approximately 5.5 miles north of Benson, North Carolina. Specifically, the site is 0.2 mile west on Elevation Road from its intersection with Federal Road (SR -1331). The center of the site is at approximately 35°26'57.27"N and - 78°31'23.13"W in the Benson USGS Quadrangle. The site is comprised of three streams: Stony Fork and two tributaries (T1 and T2). The location of the project is shown in Figure 1 and the USGS quadrangle is shown in Figure 2. Watershed Description The site is within the 03020201 Watershed Cataloging Unit (8 -digit HUC) of the Neuse River Basin and the 14 -digit HUC 03020201150010. In the North Carolina Division of Mitigation Service's (NCDMS) most recent publication of excluded and Targeted Local Watersheds/Hydrologic Units, this 14 -digit HUC has been identified as a Targeted Local Watershed. The unit has been identified as having more problems than typical assets that include agricultural lands, disturbed buffer, and impervious surfaces (NCDMS 2015). The site itself contains Stony Fork, a named stream, as the primary hydrologic feature on the site. This section of Stony Fork has not been rated by DWR, but Hannah Creek, 4.2 miles downstream of the site, is classified for surface water as Class C, Nutrient Sensitive Waters, and is listed on the 2014 303(d) list as impaired for dissolved oxygen. The watershed boundary is shown on an aerial in Figure 3. The project is not located within a Local Watershed Plan (LWP). There are no other DMS mitigation projects within this 14 -digit HU. NASH WAKE Black WILSON JOHNSTON :TT WAYN E SAMPSON BENSON 0 0.25 0.5 1 FIGURE 1. VICINITY MAP Miles STONY FORK RESTORATION SITE JOHNSTON COUNTY, NC Ok m Major Roads Project Site Location QCounty Boundary Major Roads Minor Roads f Airports (none within a 5 -mi radius) Major Rivers Cities and Towns BENSON 0 0.25 0.5 1 FIGURE 1. VICINITY MAP Miles STONY FORK RESTORATION SITE JOHNSTON COUNTY, NC Ok m ' L 4 , ` •' � .fir' � i ti's-- � '�_� /rte -',- � � .,� 'r•:�� .�./� � 1 00 so'w -200 Proposed Easement �= 0 Project Watershed (537 acres)' Q 14-digit HUC Boundaries FIGURE 2. USGS TOPOGRAPHIC MAP N 0 750 1,500 STONY FORK RESTORATION SITE Feet source: uses DRG, JOHNSTON COUNTY, NC Benson Quad (1973). r - fi, f � z �,4• q Proposed Easement ,. Project Watershed (537 ac) a `. w. 1 10 NNW NC,OneMap, NC, Center for Geographic lnformation and 14-digitHUC Boundaries IL: 4Arna'Lysis, NC 911°Board FIGURE 3. WATERSHED PLANNING N 0 1,000 2,000 CONTEXTUAL MAP n Source: NC OneMap Feet STONY FORK RESTORATION SITE ,/,`\`\+ Orthoimagery, 2013. JOHNSTON COUNTY, NC North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. Current Land Use/Land Cover The project watershed for the SFRS is comprised of 0.84 square mile (537 acres). Current land use in the project watershed (Figure 4) was derived from the 2013 orthoimagery and consists of agriculture/open space (51% / 275 ac), forest (33% / 179 ac), rural development (8% / 44 ac), residential (5% / 28 ac), and roads (2% / 11 ac). The current adjacent land use has a negative impact on water quality of the project streams. This is evidenced by direct run off from agricultural open space along parts of the stream where there is no riparian buffer, specifically along the top of T2, which is bordered by row crops. The stormwater from impervious surfaces includes Federal Road, which is immediately adjacent to the project, and I-40, which is just 1,400 linear feet upstream of the project, and combined with the surrounding agricultural drainage create varying conditions of bank erosion throughout the project. KCI's measurement of the total impervious area for the watershed is approximately 5%, which is based on the land use delineated from the 2013 orthoimagery and based on published average impervious values for different land use categories (Center for Watershed Protection 2003). There are no conservation or protected areas located adjacent to the project site, but it will connect with forested buffer immediately adjacent to the project and improve and restore the existing forested buffer on the site itself (see forested buffer metrics for the project streams in the table below). The site is approximately 4.5 miles upstream of the Hannah Creek Swamp Natural Heritage Area (Figure 5). Forested Buffer Width Percent Impacted Left Bank less than 25' 41% 25'-50' 40% Right Bank less than 25' 27% 25'-50' 34% Longitudinal Forest Continuity Percent Impacted Left Bank 40% Right Bank 30% Both Banks 55% Assessment of Historic Aerials The SFRS has undergone significant modifications that have altered the site hydrology and vegetation. Historic aerials were examined for any information about how the site has changed over recent history. The reviewed aerials are included in Appendix A. Historic aerials were obtained from the NRCS, USGS EarthExplorer, and Google Earth for 1938, 1949, 1960, 1972, 1980, 1998, 2005, and 2013. The site has been systematically impacted over the past 80 years. The primary impacts to the system are associated with channelization and clearing. In the earliest aerial photo from 1938, the upstream part of the project appears forested, but the channel is still seen as essentially straight, indicating that it had been ditched prior to this photo. Also, Federal Road is on a different alignment, which could suggest that when it was realigned to its current alignment, there was further manipulation of Stony Fork. The ponds upstream of T2 had not been built yet in this photo. Additionally, the portion of Stony Fork that currently flows through a dense stand of kudzu (see discussion in Existing Conditions below) is flowing south of that area. Where there is a field just south of the stream at the downstream end of the project, Stony Fork has already been ditched along the north side of the field. In the 1949 aerial, there has been more clearing along the periphery of the project area and the straightened streams are easily identifiable throughout the site. Specifically, it is clear that the stream at the downstream end of the project has been ditched between two fields. In 1960, there was more clearing near the upstream part of the project, just downstream of North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. Federal Road. This cleared field borders the ditched portion of Stony Fork to the north. Also, the ponds upstream of T2 have been built by this point. In the 1972 aerial, there has been some fields that are reforested south of the project, and other areas north of the project that have been cleared. The 1980 aerial looks similar to the previous aerial, with some minor changes to the clearing limits. By 1998 there has been extensive clearing throughout the middle of the project along the southeastern side of Stony Fork. Also, the previously cleared fields on the north side of Stony Fork at the downstream end of the project have revegetated. The 2006 aerial looks similar to conditions today. The area of Stony Fork around TI has been cleared and is revegetating, likely with the kudzu we see today, and the previously large cleared area that appeared in the 1998 photo has been planted with loblolly pine. The most recent aerial (2013) shows the rows of pine trees in the plantation and area of kudzu around T 1. Over the 77 years of available record, both physical and functional impacts to the project streams on the site have been documented. These impacts included: channel modification, ditching, impacts of adjacent row cropping and timber harvesting, and general vegetation removal. Based on field evaluations, historic photograph evidence, and LIDAR topography (Figures 6 and 7), the project stream is believed to have meandered through the low point in this valley system before it was straightened. FEMA Floodplain Issues The SFRS is not located in a mapped FEMA flood zone. Coordination with the local floodplain administrator will take place to fulfill any other requirements. Hydrologic modeling will be performed as necessary to ensure that no hydrologic trespass occurs on neighboring properties. Site Constraints The only site constraint is the potential to cause hydrologic trespass upon the upstream properties. This will be prevented by ensuring that the designed grade of the restored streams will not backwater the upstream property. This minor constraint is not expected to affect the success of the SFRS. Airports There are no airports within 5 miles of the project site. The closest airport is the Johnston County airport located approximately 9 miles from the project site. Protected Species Issues Initial site evaluations for protected species listed for Johnston County have not found any occurrences at the project site. It is not anticipated that there will be negative impacts to these species; however, a more detailed evaluation will be conducted during the planning stages of this project. Potential habitat improvements that could make the site more appealing to these species will also be considered during the design. Cultural Resources There are no known cultural resource conflicts for this project at this time. Project Easement Elevation 260 FT 140 FT FIGURE 7. LIDAR MAPPING N 0 300 600 Source: NCEMS 3DEP STONY FORK RESTORATION SITEn LidarforJohnston Feet JOHNSTON COUNTY, NC ,``\V County, 2014. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. Geology and Soils The site lies within the Rolling Coastal Plain (Level IV 65m) ecoregion of the Southeastern Plains. The Rolling Coastal Plain is mostly irregular plains with broad interstream areas and a mosaic of cropland, pasture, woodland, and forest. While the natural vegetation was historically longleaf pine, oak -hickory - pine mixed forests are more abundant now. The geology of this area is typified by Cretaceous or Tertiary - age sands, silts and clays. According to the USDA (2015), all of the project streams and floodplain areas are underlain by Bibb sandy loam (Bb). The official Map Unit Name is Bibb sandy loam, 0 to 2 percent slopes, frequently flooded. These soils are poorly drained floodplain soils that are usually linear, associated with streams, and frequently found along the toe of slopes (Figure 8). Existing Conditions The project has experienced significant landscape and vegetative modifications to allow for agriculture and timber management. The existing site conditions are shown in Figures 6 through 10 and seen in site photographs in Appendix B. NC DWQ stream forms for the project streams are included in Appendix E. There are three streams located throughout the site. The majority of the banks (approximately 70%) have bank height ratios greater than 1.5 and have been altered through channelization. The hydrologic sources for these streams are a combination of springs/seeps and surface water. There was no bedrock found at the site. Many of the stream reaches have been ditched to a clay bottom and are overlaid with a sediment transport regime of sand and small gravel. The primary hydrologic feature at the site is Stony Fork. This stream enters the projects from a 48" - diameter concrete pipe from under Federal Road. At this point, the stream drains approximately 129 acres. Beginning at this culvert outlet, there is a large plunge pool, and the stream has scoured out much of the original stabilizing riprap. This riprap is scattered throughout the downstream channel for approximately 50'. The first 450' of Stony Fork flows east and is incised with steep vertical banks, a narrow channel, and intermittent headcuts. The channel likely was relocated, because it does not have a natural valley and there is no adjacent natural floodplain. This channel is a "G" Rosgen stream type. Even though this area is considered forested, there are few large trees. The canopy is mostly composed of a dense midstory of invasive Chinese privet (Ligustrum sinense). Many of these privet stems are over 6" DBH in many instances. The privet canopy is so thick through this reach that there is only a sparse understory. The understory is mostly young privet or Japanese stiltgrass (Microstegium vimineum). After about 450', the stream begins to flow northeast; the condition changes, and the channel becomes slightly less incised and wider, with a distinct floodplain that, while not actively connected to the existing channel, is evident in this landscape position. However, the channel is still narrower than a natural system and the banks are mostly vertical. There is some mass wasting of the banks where the planform irregularly meanders, but there are few signs of out of bank flows or flooding events. The bed is less of a clay bed than the previous reach, and instead predominantly sand and small gravel. After this point, the stream begins to incise more and the banks become more consistently vertical. This reach is also dominated by a privet midstory canopy. From here it flows through the privet and emerges, flowing east, from the forest into an open space dominated by kudzu (Pueraria montana). The kudzu completely blankets the stream and all other vegetation in this reach. Approximately 500' of Stony Fork flows through this kudzu -dominated area. The landowner reports that this area was cleared for timber in the mid-1990s, which caused significant changes to the channel. During the timber harvesting, a large volume of slash and debris fell in the channel and the channel rerouted to its current position. This indicates that the channel has been actively moving and evolving within this area and is not in its original location within the floodplain valley. In the middle of the reach through the kudzu, Tributary 1 (T1) flows into Stony Fork. T1 is a first -order intermittent channel. This stream originates from one distinct seep/spring in the hillslope to the north of Stony Fork and is then fed by wetland seeps at the base of the slope to the east of T I. This tributary has Bb - Bibb sandy loam, 0-2% FaB - Faceville sandy loam, 2-6% GeB - Gilead sandy loam, 2-8% GeD - Gilead sandy loam, 8-15% r UcC - Uchee loamy coarse sand, 6-12 % f X9'1 7� NRCS Soil Survey Proposed Easement 0 350 700 Feet O 1, FIGURE 8. NRCS SOIL SURVEY STONY FORK RESTORATION SITE JOHNSTON COUNTY, NC N Source: NRCS Soil Survey, SURGO Data, C Johnston County; NC OneMap Orthoimagery, 2013. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. been moved out of the natural position in the low point of the valley to the base of the slope to drain the seepage from the hill slope. From the initial seep/spring in the hill to the confluence with Stony Fork, the channel is approximately 500 linear feet and has a drainage area of 12 acres at the confluence. Even though the drainage area is small, the strong flow from this primary spring/seep and the additional seepage from the hillside provide ample hydrology for this system to form a well-developed bed and bank system. The most significant impairments for T1 are its relocation away from the appropriate location in the valley and the monoculture of kudzu eliminating the diversity of the riparian buffer and its ability to provide high quality habitat. These impairments severely limit the hydraulic and biological functions for this tributary. From the kudzu area, Stony Fork makes two quick 90 degree turns and then flows east again. This part of the channel has been mechanically ditched in the past. The channel in general is narrow and deep and has cut down to a clay bottom below the sand and gravel layers that can be seen in the bank profile. Also, this reach has numerous headcuts, some significant, that are signs of the instability of the profile. Other parts of the channel were cut to be wide and are exhibiting different characteristics. In these oversized, wide channels, there is intermittent sand and gravel deposition on alternating banks indicating an eventual evolution to a more sinuous channel if it was let evolve naturally. Approximately 500 linear feet after the kudzu, Stony Fork abruptly turns 90 degrees northeast. The channel remains in a mechanically ditched condition, but more natural stream materials have been deposited over the clay bed. An access road runs along the left bank of this channel for over 1,200 linear feet. A toe drain has been dug to drain the fields to the north of the stream and multiple piped outlets exist below the access road to connect the drain to the project stream as it flows northeast. After the access road leaves the stream, Stony Fork flows onto a forested parcel. The stream still shows evidence of being ditched since it is not in the lowest part of the valley and does not connect to the floodplain, although the ditching must have occurred long ago given the age of the adjacent vegetation. Similar to the upstream forested sections and the right bank along the preceding length, the forest is dominated by a privet understory. After approximately 300 If, Stony Fork reaches the confluence with Tributary 2 (T2) flowing in from the northwest. T2 begins at the outlet to a series of three ponds and flows east. The channel is a small first -order perennial stream. The first reach (T1.1), has a 93 -acre drainage area, is over 650 linear feet, and is bordered by row crops to the north and south. At the midpoint in the reach, a narrow buffer of brush and trees begins along its banks before it meets the wood line. This stream has perennial flow from the pond systems upstream of it and has a well-defined bed and bank system that is evident in this location for the entire record of aerial photographs available for the site. The most significant impairment for T2.1 is the lack of a diverse riparian buffer, which limits the biological functions along this reach. At the wood line, the second reach (T2.2) begins and there are several headcuts that significantly change the nature of the channel. T2.2 becomes more and more incised as it flows southeast to its confluence with Stony Creek, where the drainage area is 150 acres. This corridor is heavily wooded, but similar to other parts of the site: the vegetation that has the most direct effect on the channel is privet. Privet dominates the midstory and is almost 100% of the bank vegetation along T2.2. This channel may not have been actively ditched in the past, since it appears to be in the proper position in the valley, but it is incised and disconnected from its historic floodplain due to upstream changes in the watershed. T2.2 has limited stream functions because of its incision and disconnection from the floodplain and the dominance of privet in the riparian buffer. Hydraulically, the stream is confined because there is no floodplain access and geomorphologically the stream is limited because of the poor bed form associated with the incision and headcuts throughout the channel. Both of these factors affect the biological functions of the stream because there is lack of floodplain relief and limited in -channel habitat. Additionally, the dominance of privet in the riparian buffer prevents the diversity associated with a healthy, functioning buffer. These impairments severely limit the hydraulic, geomorphologic, and biological functions for this tributary. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. Downstream of the confluence with T2, Stony Fork continues to flow northeast until it comes along a field edge. Here there is more evidence of the stream being mechanically ditched as it is narrow and deep and confined to the edge of a field, which is to the south of the stream. Once again, the stream is in a wooded area, which is dominated by a privet midstory canopy and the stream is incised with a narrow channel and vertical banks. Similar to most other parts of Stony Fork on this project, the stream is not in the correct position in the valley where it is connected to the floodplain. In some instances, the channel has one dramatically higher bank, while the other bank is significantly lower. This is evidence of the channel having been moved to its current location to the side of the valley. The stream continues to flow in this condition off of the project site to the southeast, where the drainage area is 537 acres at the project end. The mainstem of Stony Fork has varying levels of impairment throughout its length, as indicated by the figures in this proposal. The most frequent cause of impairment is a disconnection from the historic floodplain, which is due to incision and the fact that the stream has been relocated along most of its length. As a result, there are biological impairments associated with the lack of connected riparian and floodplain habitat. The dominance of invasive vegetation throughout the entire stream corridor has also contributed to low -quality habitat. These functional impairments exist throughout nearly the entire project. There are portions of the project streams that have relatively stable banks and well -sorted sediment, but these reaches have only limited functionality because of the primary impairments listed above. To reach the full functional potential for this stream system, these impairments need to be addressed through Priority 1 restoration. Attribute Incoming Ditch Flow Percent Impacted 67% yh r a a s - Constructed Drainage Catchments h- a Incoming Ditches Pipes Existing Streams Proposed Easement FIGURE 9. SITE FLOODPLAIN ALTERATIONS N 0 300 600 AND WATER QUALITY STRESSORS ,n\ Source: NCOneMap Feet STONY FORK RESTORATION SITE / \ Orthoiroagery, 2013. JOHNSTON COUNTY, NC ,V Tributary 2 Attribute Precent Impacted Erosion -Active Scour (all) 100% Low 55% Moderate 20% Severe 25% Bank Height Ratio a Less than 1.5 30% a Hi>?herthan 1.5 70% -,T ..,. T :"i1' F7 17,f l' T r is7+ _- t Proposed Easement Headcuts Bank Height Ratio Less than 1.5 More than 1.5 Erosion - Active Scour High Moderate Low 'No bedrock noted in channel. FIGURE 10. CHANNEL STABILITY MAPPING N 0 300 600 A Source: NC OneMap Feer STONY FORK RESTORATION SITE Orthoimagery, 2013. JOHNSTON COUNTY, NC North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. 67*�9till 1019if13OWOlIW9051DIeIy The Stony Fork project offers the DMS one option for 7,187 Stream Mitigation Credits (SMCs). Restoration work on the site includes: the realignment of the project streams to their historic position within the valley and reconnecting their relic floodplains, reduction and management of widespread invasive vegetation, and the establishment of a native riparian buffer. Four culvert crossings are planned for the site. These crossings are discussed below. All of these crossings will be included within the project easement. Figure 10 illustrates the proposed mitigation at the site. SFRS — 7,187 SMCs Total This project will restore and enhance 7,605 linear feet of intermittent and perennial streams, yielding 7,187 Stream SMCs. The streams at the site will be restored and enhanced with an emphasis on using a Priority 1 approach on all of the reaches where possible. Due to the few physical project constraints, this approach will be feasible for the entire length or at least portions of all of the project streams. Below is a more detailed description of the restoration components designated for each project reach. Stony Fork — This is the primary stream channel at the site and involves restoring 5,241 linear feet, generating the same number of SMCs. This stream will be broken into two separate reaches, and both will be restored throughout their entire lengths. The first reach, SF 1, begins at the culvert under Federal Road. Since the elevation of this reach is controlled by this culvert, this reach will be a transition part of the project where the design will follow more of a Priority 2 approach. The design will be able to immediately increase the channel elevation by approximately one foot to match the channel grade with the invert of the culvert. From this point forward, the channel will be designed with riffles and pools, and will conform to the guidelines that DMS has prescribed for Priority II restoration within this RFP, which includes a consistent bench at least 1.5 times the bankfull width beyond the belt -width extent, preservation and reapplication of existing topsoil in the bench, and at least 5:1 slopes from the floodplain to the terrace. Though this area is wooded, the large overstory trees are infrequent and the design will work around these trees where possible. The design approach will also remove the existing privet from the easement area and then control the regrowth of this privet to ensure that a native riparian buffer is allowed to grow with a minimal amount of influence from invasive species. Even as a transition reach, the restored SH will have dramatic functional improvements over the existing condition. These functional improvements specifically include hydraulic, with a new connection to a minimally graded floodplain, geomorphologic, with new well-defined and stable riffle -pool features and a stable sediment transport regime, and biologic, with a diverse riparian buffer and new habitat niches associated with the floodplain and stable, diverse stream features. S172 will continue with a Priority 1 restoration approach. The stream will be moved to the low point in the valley and reconnected to the historic floodplain. Similar to SH, since most of the existing riparian buffer along SF2 has widely -spaced overstory trees, the design will work to make pattern adjustments that account for these trees so that they are saved and can continue to provide shade to the channel. The proposed alignment depicted in Figure 11 has the restored alignment positioned in the low part of the valley according to the LiDAR data. T1 will be restored to meet S172 at its restored valley location. From the T1 confluence, SF2 will continue with Priority 1 restoration down the valley in the historic floodplain location. Between the confluences with T1 and T2, there will be two stream crossings. The first will be a 50' -wide crossing and the second will be a 30' -wide crossing. Both of these culverts will be installed below the invert of the channel to promote aquatic organism passage per NCDWR guidelines. These culverts, along with the two others planned for the project, will be exceptions to the easement. Much of the new alignment between these culverts will be moved away from existing trees and into the area where there is a cleared access road, which is in the center of the valley. Every effort will be made to work around trees in this area that can provide shade to the restored stream. After the second stream crossing, most of the restoration of SF2 will North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. be in a forested portion of the site. During the existing conditions assessment, the trees will be mapped to ensure that the new alignment works around these trees and utilizes the open, less dense parts of the floodplain for the restored channel. After the confluence with T2, SF2 will continue to be restored by moving the stream back to the relic floodplain in the center of the valley. The stream will be remeandered around significant trees that will provide shade to the restored channel. The last stream crossing will be on SF2 in this area, and it will be a 30' -wide culverted crossing, using the same design approach as described previously. As the stream nears the end of the restoration project, the design will transition the stream back to its current location and condition. This will involve a minimal length of Priority II restoration. This transition will follow the guidelines for Priority 11 restoration described earlier in this section. By relocating the stream and reconnecting it to its relic floodplain, a broad suite of functions will be restored to the entire Stony Fork system. The hydraulic routing will be improved by reconnecting the channel to its floodplain. As water flows through the watershed, it will have a chance to be retained on this floodplain, and not be impacted by artificial drains and an incised stream. The restored stream flows will more frequently reach this floodplain, and with a properly sized channel, there will be minimal in - channel erosion. The project will also help raise the local water table, restoring the hyporheic zone throughout the floodplain. The stream channel will also benefit from the functions of the reestablished stable geomorphology. The restored stream will have a diverse planform with a corresponding bedform that will work in concert to maintain channel equilibrium. These components of the stream will also maintain sediment transport balance. The final function that will be uplifted throughout the project streams is biological. There will be a direct increase in the amount of potential habitat created throughout the project area. This will most noticeably be in a new and diverse set of stable in -stream features, a revegetated riparian buffer not dominated by invasives, and improved water quality for aquatic species. The design will also incorporate wood into the channel with new structures that will create submerged woody debris habitat. Some of the value in the existing stream comes from portions of the channel that have well sorted sediment, with sand and small gravel. All of this material will be harvested and reused in the newly restored channel to optimize in -stream habitat. Tl - T1 will be restored using a Priority 1 approach for approximately 549 linear feet, generating 549 SMCs. The design will move the channel to its historic floodplain away from the toe of the hill slope. The stream will still originate from the primary spring/seep that emerges from the base of the hill and provides the hydrology for the stream, but as it is moved to the center of the valley (away from the toe of the slope), this will lengthen the flow path from the wetland seeps at the bottom of the slope, thereby potentially restoring adjacent wetland functions within the riparian corridor for this reach. This restoration will improve upon a suite of functions including hydraulic and biologic attributes. This functional uplift will include new connectivity and floodplain habitat, new wetland habitat, and a diverse riparian corridor with native vegetation that is not dominated by kudzu. T2 — The first reach (T2.1) begins at a pond outlet. This reach will be improved with an Enhancement 11 approach for 697 linear feet, generating 279 SMCs. This approach will rely on protecting the stream with a conservation easement, planting the riparian buffer with native vegetation, and removing and controlling invasive vegetation within the easement. The second reach (T2.2) begins just inside a tree line, where several headcuts cause the stream to rapidly incise. Since this stream has not been moved from the valley bottom, the restoration will maintain the landscape position of the stream, but add appropriate sinuosity and restore the streambed morphology by raising the elevation of the streambed to regain floodplain connection as a Priority 1 restoration. Similar to the restoration work in other forested parts of the project, any planform changes will work around the existing trees to maintain shade over the channel. This restoration will improve upon a suite of functions including hydraulic, geomorphologic, and biologic. This functional uplift will include new connectivity to the relic floodplain, creation of new in - stream and floodplain habitat, and a restoration of a riparian corridor with native vegetation that is not dominated by privet. The T2.2 restoration will restore 1,118 linear feet, generating the same number of SMCS. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. One 50' -wide stream crossing will be installed on T2.1. Similar to the other stream crossings, this crossing will allow for aquatic organism passage via a culvert and be excluded from the easement. Throughout the entire project, a significant uplift will come from reducing the current dominance of invasive species throughout this stream corridor. During construction, all of the existing invasive vegetation in the easement will be removed and over the course of monitoring, these populations will be controlled so that they do not dominate the restored riparian buffer. The project as described above will not create adverse impacts to existing wetlands or streams. All of the project streams will be restored and the Priority 1 approach will likely create pockets of wetland habitat throughout the reconnected floodplain. In order to analyze the existing sediment conditions within the project streams, bar sampling and pebble counts will be conducted, which will describe the sediment regime and the types of sediment found throughout the streams. After analyzing the existing sediment conditions, the site will be studied with respect to proposed sediment transport. In active bed systems, there is a threshold level of bedload movement. At low flow levels, only the smallest particles will move, with the larger particles resisting the flow of the stream; this is the condition of partial sediment transport. As the stream flow increases, eventually every particle on the streambed will show threshold movement. This is the condition of full sediment transport. If the largest particle that moves during a bankfull event can be identified, then the flow conditions that produced this movement can be determined and this flow condition (channel competency) can be used in the design of the restored stream. Determinations of the design shear stresses will be made based on the sediment distribution from the surface and subsurface sampling. These shear stresses will be validated for the proposed riffle cross-sections and channel gradient using established shear stress equations for competency. The shear stress values for the designed reaches will be calculated and related to the movement of a particular grain size using Shield's threshold of motion curve (Shields et al. 1936). An approximate bedload transport rate will modeled using the Wilcock and Crowe (2003) model for mixed gravel -sand systems using the existing surface data. The project streams all have small watershed areas that drain to them and the incoming sediment supply is limited. Currently, the smaller -sized sands and fine gravels within the project streams are most likely coming from active bank erosion. This source of sediment will be greatly reduced following the project restoration. T1 and T2 are most likely threshold channels, which is defined as a stream where the bed material inflow is negligible and the channel boundary is immobile even at high flows (Shields et al. 2003). It may also be found that in this instance Stony Fork is also a threshold channel due to the lack of incoming bed material from the small surrounding watershed. As opposed to an active bed system, a threshold channel never achieves full sediment transport; the system only achieves partial sediment transport. Therefore, the bedload rates provided for some streams may not be relevant for all of the project streams. Based on this analysis, the channels will be designed to provide sufficient competency for the type of streams proposed and capable of transporting sediment during bankfull events. The restoration of the floodplain functions discussed above will serve to sequester and more effectively cycle nutrients through the restored system. A simple spreadsheet model prepared by KCI for use in watershed planning studies was used to predict the reduction of nutrients (nitrogen and phosphorus) associated with the conversion of the drained floodplain to an active floodplain. Model inputs assumed that 50% of the easement area (25.9 acres) would be converted from a drained wetland floodplain to a functional wetland floodplain. Based on these assumptions, the spreadsheet model predicts an 18.5% reduction in nitrogen and a 21.8% reduction in phosphorus compared to the pre -construction condition. These calculations are provided in Appendix G. As a result of the restoration actions, these streams will be protected in perpetuity and will expand valuable stream habitat near other important ecosystem features downstream. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. Riparian Vegetation Evaluation of adjacent community types in the area indicates that most of the streams transition between two natural community types, Mesic Mixed Hardwood Forest and Piedmont Alluvial Forest, which will be the targets for this restoration project (Schafale 2012). Plantings of 968 stems per acre (9 feet x 5 feet spacing) will be installed to achieve a mature survivability of two hundred ten (2 10) stems per acre after seven years. Woody vegetation planting will be conducted during dormancy. The portions to be planted as Piedmont Alluvial Forest may consist of the following species: American Sycamore Platanus occidentalis River Birch Betula nigra Swamp Chestnut Oak Quercus michauxii Willow Oak Quercus phellos Green Ash Fraxinus pennsylvanica Tulip Poplar Liriodendron tulipifera The portions to be planted as Mesic Mixed Hardwood Forest may consist of the following species: Tulip Poplar Liriodendron tulipifera White Oak Quercus alba Southern Red Oak Quercus falcata American Persimmon Diospyros virginiana Willow Oak Quercus phellos Pin Oak Quercus palustris On the restored stream banks, live stakes will be used to provide natural stabilization. Appropriate species identified for live staking include: Silky Dogwood Cornus amomum Silky Willow Salix sericea Black Willow Salix nigra Common Elderberry Sambucus canadensis A custom herbaceous seed mix composed of appropriate native species found in reference communities will also be developed and used to further stabilize and restore the site. Easement Boundary Marking The site will be marked and surveyed as per DMS's requirements contained within http://portal.ncdenr.org/web/eep/fd-forms-templates. In addition, the easement boundaries will be marked with salt -treated wooden posts placed approximately 100 feet apart. Each line post will be marked with a conservation easement placard. Corner posts will be marked with signs stating "Conservation Easement Corner." 5.4 PROPOSED MITIGATION The streams that make up the project offer substantial opportunity for restoring a stable, buffered stream system. One option is being proposed for this site. The following descriptions of mitigation type and extent are based on the Stream Mitigation Guidelines, April 2003 US Army Corps of Engineers Wilmington District, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission and North Carolina Division of Water Quality. Site Name: Stony Fork Stream Mitigation LF Ratio Credits Restoration 6,908 1:1 6,908 Enhancement II 697 2.5:1 279 TOTAL 7,605 = 7,187 Note: Offeror is not willing to accept a contract for an amount of mitigation less than the full proposal. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. 5.5 CURRENT OWNERSHIP AND LONG TERM PROTECTION The proposed restoration project is located on properties owned by: Gary T. Benson and Linda W. Benson 3836 Elevation Road Benson NC 27504 PIN # 164100-29-9457 and 164100-08-6845 William R. Medlin and Daniel G. Medlin, Jr 2409 and 2407 Federal Road Benson NC 27504 1 URE.1301AI [IIIBIVAYS .&I Van D. Sherrill 1466 Old Coach Road Kernersville, NC 27284 PIN # 164100-28-7593 Rebecca C. Clifton 3517 Elevation Road Benson NC 27504 PIN # 164100-39-8527 Jerry W. Parrish and Lisa B. Parrish 4141 Elevation Road Benson NC 27504 PIN # 164100-19-1598 Elizabeth Wurthmann 425 Critcher Farm Lane Benson NC 27504 PIN # 164100-49-1473 The Offeror holds executed options to purchase easement restrictions on the land necessary to undertake the project and these options have been recorded with the Register of Deeds in Johnston County (Appendix Q. Landowner Authorization forms are included in Appendix D. Conveyance of a perpetual conservation easement to the State of North Carolina is the method that will be used to provide long term protection to the mitigation site. 5.6 PROJECT PHASING The project schedule assumes a notice to proceed on or before February 1, 2017. Adjustments to the schedule will be required if the construction/planting window (11/2017 — 3/2018) is missed due to a delayed Notice to Proceed. Completion Period (Following NTP) Environmental Screening/Public Meeting 2 months Record Easement Mitigation Plan Permits Acquisition and Earthwork Planting and Monitoring Device Installation As -Built Drawings and Baseline Monitoring Report Monitoring Report #1 Monitoring Report #2 Monitoring Report #3 Monitoring Report #4 Monitoring Report #5 Monitoring Report #6 (if needed) Monitoring Report #7 (if needed) 5.7 SUCCESS CRITERIA 4 months 12 months 18 months 21 months 24 months 30 months 42 months 54 months 66 months 78 months 90 months 102 months (8.5 years) Monitoring will consist of the collection and analysis of data to support the evaluation of the project in meeting established restoration objectives. Specifically, project success will be assessed utilizing North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. vegetation survivability, stream hydrologic monitoring, stream stability, and visual inspection following the monitoring guidelines and success criteria described in Stream and Wetland Mitigation Monitoring Guidelines (NCEEP, February 2014). Duration - Monitoring will be conducted for a period of five to seven years following project implementation. The first scheduled monitoring event will be conducted during the first full growing season following project completion and at least six months after the completion of the as -built survey. Reporting - The monitoring report format will follow the DMS monitoring report template described in the As -Built Baseline Monitoring Report Template (NCEEP, February 2014) and Annual Monitoring Report Template (NCDMS, April 2015). Photograph Reference Points - Photograph reference points (PRPs) will be established to assist in characterizing the site and to allow qualitative evaluation of the site conditions. The location of each photo point will be marked in the monitoring plan and the bearing/orientation of the photograph will be documented. Stream Vegetation Monitoring The survivability of the vegetation plantings will be evaluated using a sufficient number of vegetative sampling plots randomly placed throughout the restored wetland and stream buffer. Plots must achieve a stem density of 260 stems/acre after five years and 210 stems/acre after seven years if monitoring continues until this point. A photograph will be taken of each monitoring plot, allowing yearly qualitative comparison of vegetation conditions. Stream Monitoring The purpose of monitoring is to evaluate the stability of the restored stream. The monitoring for the restored streams will comply with guidance included in Stream and Wetland Mitigation Monitoring Guidelines (NCEEP, February 2014). *A scoring sheet taken from the RFP has been filled out based on KCI's understanding of the site. This sheet is included in Appendix F. North Carolina Division of Mitigation Services KCI Technologies Inc./KCI Associates of North Carolina PA/KCI Environmental Technologies and Construction, Inc. REFERENCES Center for Watershed Protection. 2003. Impacts of Impervious Cover on Aquatic Systems: Watershed Protection Research Monograph. Center for Watershed Protection, Ellicott City, MD. Pages 1-158 NCDEQ, Division of Mitigation Services. March 2015. 2015 Neuse 03020201 Priorities. Last accessed at http://portal.ncdenr.org/c/document library/get file?uuid=340a3f58-336b-42bf-bab2- fb663cbfd78d&groupld=60329 NCDENR, Ecosystem Enhancement Program. Feb. 2014. Annual Monitoring and Closeout Reporting Format, Data Requirements, and Content Guidance. Last accessed at: http://portal.ncdenr.org,/c/document_librarL/get file?uuid=7af33f02-Ob5d-4e8c-b4e5- 8517b3b41815&groupld=60329 NCDENR, Ecosystem Enhancement Program. Feb. 2014. Stream and Wetland Mitigation Monitoring Guidelines. Last accessed at: hllp://portal.ncdenr.org,/c/document_librar/get file?uuid=90818Oa2- dd26-4caf-9502-ff94fe325256&groupld=60329 Schafale, M.P. NCDENR, North Carolina Natural Heritage Program. 2012. Guide to the Natural Communities of North Carolina, Fourth Approximation. Last accessed at: http://www.ncnhp.org/c/document°library/getefile?uuid=cbaac345 -aca2-4312-acca- 1004f2ba59a9&groupld=61587 Shields, F.D., Jr. R.R. Copeland, P.C. Klingeman, M.W. Doyle, and A. Simon. 2003. Design for Stream Restoration. Journal of Hydraulic Engineering, 129 (8): 575-584. Shields, Ing. A., W. P. Ott, and J. C. Van Uchelen. 1936. Application of Similarity Principles and Turbulence Research to Bed -load Movement. Pasadena, CA: Soil Conservation Service, California Institute of Technology USDA, Natural Resources Conservation Service. 2015. Web Soil Survey. Last accessed at: http://websoilsurvey.sc.eizov.usda. gov/AppAVebSoilSurvey.aspx Wilcock, P.R., and J.C. Crowe. 2003. Surface -based Transport Model for Mixed -size Sediment. ASCE Journal of Hydraulic Engineering, 129 (2): 120-128. PART VI: QUALITY CONTROL KCI, as part of its strategic plan, has achieved ISO 9001: 2008 certifications companywide. Our primary quality objectives are to: • Satisfy client expectations through designs and professional services that conform to client specifications; • Continually review company performance by analyzing objective data regarding both our processes and deliverables; and • Use this objective data to identify and drive opportunities to continuously improve the Quality Management System. ISO is a QMS standard requiring that company activities be modeled as a system of inter -related processes, which will be continually audited to objectively measure performance and improve outcomes. A key component of the ISO standard that differentiates it from other systems is the mandatory continual auditing and improvement requirement. As part of our quality management system, KCI has developed its own internal audit program to measure the performance of the processes which define our quality management system. Select employees within the firm have been trained as ISO Internal Auditors to audit our internal systems throughout the organization. Results of the audits are evaluated for the root cause of non -conformities to quality objectives and presented to Senior Management to develop and implement improvements to our processes to ensure desired results. In order to obtain and maintain ISO certification, third party auditors from an independent registrar firm audit KCI's QMS on a regular basis. The audit consists of three basic questions: 1) is our quality management system in conformance with the ISO standard, 2) are we following the requirements of our QMS and 3) are we continually improving our QMS to achieve higher quality objectives. To better understand the ISO auditing and certification process, KCI has trained employees as third party/lead auditors who have a thorough understanding of the ISO 9001:2000 QMS standard, QMS evaluation, and process auditing. The International Register of Certificated Audi- tars CIRCA) recognizes this training. Quality control procedures for the work performed in each of KCI's technical disciplines are defined in each discipline's quality control manual. These procedures, developed by the technical staff, contain specific instructions on the preparation, checking, review, and coordination of each work product produced by the discipline. Developing separate quality control procedures for each technical discipline allows the procedures to be customized and rigorous for the work products produced in that discipline. The purpose of these procedures is to eliminate potential errors, omissions, ambiguities, and inconsistencies in the design and development of project documents. The manuals and their implementation constitute the he principal mechanism for technical quality control at KCI. Conformance to these procedures is ensured through KCI's. internal auditing process. KCI's Corporate Quality Management Manual, in addition to stating corporate administrative requirements involving issues such as file maintenance, professional licensing and document retention, describe the principles that form the foundation of the firm's technical quality control procedures. Five simple principles are incorporated into the procedures developed by the technical staff to track the accuracy and completeness of the work products they produce. The five basic principles are: 1. Dissemination of Project Information: A Project Memorandum is prepared and posted on the network project files so that the project team is aware of relevant project information. 2. Performance of Work by Qualified Personnel: Work is performed by qualified personnel based on education and experience in the technical discipline required. It is a violation of company policy for personnel to participate in design or checking of work outside their area of expertise. 3. Detailed Check for Technical Accuracy: Work is thoroughly checked for technical accuracy by a person qualified to perform the work as described in Number 2 above. 4. Independent Quality Review: Senior personnel review work clarity, understandability, and constructability prior to submittal. 5. Documentation: Personal signatures accompany documents and checklists attesting that quality control procedures were appropriately incorporated into the work product. Job Specific Quality Control Procedures For complex assignments, KCI will prepare a project -specific Quality assurance Plan to demonstrate that major project deliverables conform to accepted design practices and comply with the clients design standards. The Qa. Plan will contain procedures that will be used to take care that a quality planning and/or design and construction product is provided and will list documentation to be submitted to verify the procedures have been followed. Sample checklists, or similar documentation, that will be used to indicate that a quality review has been performed will be prepared. 11 KCI`s client requires preparation of a project specific QA Plan for a specific task, it will be submitted for approval. QA/QC Responsibility Primary responsibility for planning, executing, coordinating, and reviewing the planning and design work per- formed under this contract will be KCl's QA/QC Administrator, and Project Manager. It will be their responsibility to check that technical disciplines are in compliance with their respective quality control procedures. Documentation of compliance with quality control procedures is included in this responsibility. Quality Assurance reviews KC:I's Senior Management takes an active role in the Quality Management Program. In addition to routinely completing independent Quality Assurance Reviews, senior managers also perform annual Quality Assurance Reviews (QAR) for each technical division and branch office to assess the implementation of the provisions contained in the Quality Management Program Manual and specific procedures developed by each discipline. The effectiveness of these quality control procedures is continually evaluated through these reviews and by soliciting, feedback from staff and clients. The policies and procedures are modified and augmented, as necessaryy, to provide the quality services to which KC1 is committed. KCIs specific construction administration and management capabilities for EEP full delivery projects include the following: Construction Administration And Management Capabilities KCl maintains a well-trained and experienced construction administration, inspection and management staff with direct experience on DMS projects. KC1 has developed an internal Project Procedures Manual that is specific to DMS projects, both design -bid -build and full delivery projects. This manual identifies project management procedures for phases of procurement, construction and the close-out. The manual also identifies document control requirements, duality control methods, safety procedures, construction inspection techniques, claims avoidance, scheduling and reporting requirements. The manual has been recently updated to include changes reflected in the most recent version of the DMS Project Implementation Manual. KCI's experience is exemplified in the successful completion of design -bid -build and full delivery projects in various physiographic regions throughout North Carolina. We believe that our successful track record on construction projects is due to the cross training of staff on construction projects of our own. The employees working in the field on DBB projects are all trained in construction techniques refined through full delivery and similar projects where KC1 utilizes our own equipment and staff to complete stormwater, stream and wetland projects. The direct experience is beneficial for communicating with contractors and understanding the capabilities of equipment during construction. KCl is diligent in documenting all phases of the construction process. Daily logs, meeting minutes, weekly and monthly progress reports, payment request markups, plan revisions, email and phone correspondence, RFPs, field and change orders, schedules, quality assurance forms, contract documents and submittals are all examples of the documentation requirements for KCI during construction. KCI maintains an office file, a digital file, and field Files for all of these items. KCI has developed our own quality assurance and quality control procedures that incorporate DMS requirements/guidance and expand on those procedures to ensure the site is property inspected and documented during construction. We understand the roles of all the parties involved (contractor, designer, DMS and landowners) and communicate these roles to all parties involved so that proper chain of command is followed. When necessary, we are experienced in the resolution of corrective actions, disputes and the interpretation of liquidated damages and other general contract conditions. Inspection of the work includes the inspection of sediment and erosion control devices, project materials, channel and structure grading, vegetation, staging and stockpile areas and permitted conditions. KCI maintains project logs supplemented by KCI -developed inspection forms to document all inspection items. KCI prides itself on completing all site work to a level of quality such that punchlist items will be non-existent or minimal during the final inspection of the project. This will ensure rapid project close-out and a quick transition of the Site to its monitoring phase. APPENDIX A: HISTORICAL AERIAL PHOTOS - 1938 2 s L ti as$> L y %fI VOL ` F1k 8 6 4L L 6 L s — r eo 8 2 r. t a rt A!19 iv.&� h 10 a 1 1972 �Wlfi&�r n A1. Historic Aerial Photographs _-mw-__ Proposed Easement K1,000 I 500 0 1,000 ,rx�cara,�ucn�.(we_ Image Sources: Johnston County NRCS, USGS Earth Explorer. Feet APPENDIX B: SITE PHOTOGRAPHS Stony Fork (SF) Photo Log Photo 1: Head of project at Federal Road Culvert. Photo 2: Typical view of SF near top of project. Photo 3: View of eroding banks on SF near upstream end of project. Photo 4: View of 2 acre Kudzu Patch near confluence of T1 and SF Photo 5: View of flowing seep near head of T1. Photo 6: View of clay channel bottom on SF along Channelized stream on Sherill Property. banks on SF. Photo 9: View of T2 bed erosion and incision. Photo 10: Typical view of upper portion of T2 above headcut Photo 11: View of SF downstream of Benson culvert. Photo 12: View of stable portion of T2 (E2 proposed. SF — Stony Fork T1—Tributary 1 T2 —Tributary 2 APPENDIX C: EXECUTED OPTION TO PURCHASE EASEMENT RESTRICTIONS R i l ei c in JOHNSTON COUN711 , ACI CIFAIG OLIVE, Registlen afl Deeds Riled 1 EI /291/;IQI i 9 19:94 :3-A AM OE90 EIOCIR : 4EII41 p9lae: 716 IN9TRLME1N11 # 291;154697197 Real Betate 9xaise Two 919.9119 Deipluty/Aeis i stairil R"gi s 1 Eir of Oeieds F wuac a l l Memumandum of Caroti acct tc i PuncE ase Peal Esll ate Prcipared by /rail urni ta: Jasaph P. Pfeiiffar, Jr., IKICI E]rivironmicinital Tachriolagicls ar d C orustru al ian lnc., � 901 Six Fasiks Road, Suila 21210, Ilandmark Ceriteir II, Ralaigh, NC 217((19. Gary M Henscmi and Linda W. Hernsan (1collaativel31 arud sevcmally, "9alleir"), whase add relss is M36 Elevalian Hoad Beinscm, 1\C 217`_(14, and KCI Enviinonmcmital Mohnalogies and Construction, lnic. a lleihmalrci aorposialian ("Purchaser", wh osu addsiass pis 4f a l Six Forks Road, Su isle 212(1, Dam rriasik C ar teir Ill, Radaigh, NC 2109, have anlarad inta a ccrritnacl la sale arc Flurchascl Easamanit Rlcls lrictionis an the fallowing prapeirlly localad :in Jahnslori Cau ray, Norlh C aralina: FIN num bclr U 41CIO-39-94-'I1 and U 4 1004184 849. Wilniess aur halnds ariid scads ilh:is) II c aiy of alv�6, o�c l� ------------ Gar T. B scm inic a W. Henis'an STIAT B OF C OUNT11 C F 1, thcl u nc ens i€1nad, a Nal ary Pu h lia of the C our ty avid Stail a afanesaid, do helrabN ceirl ify that Gary 'D. Henson and Linida W. f ensign porsorially aApiatac hefora me ilhis c ay avid acknawladgad tt a duce elneculian of thel fanegloingl instrumenit. Witness rriy halnc and afficial seal this ilho y9 day of A4,eA_- , 21(11'. . F Leer /cam Flrmiled name: —5ueot F. Ssb, , Nalar)I Public (lGf, , ciad Seal) Ml aommissian axpliras: flee ecndea-2t�%(r F. #OTARy �tJBL1G v tea• OFFER TO PURCHASE EASEMENT RESTRICTIONS THIS OFFER TO PURCHASE EASEMENT AGREEMENT (hereinafter "Agreement") is entered into this 21" day of October 2015, between Gary T. Benson and Linda W. Benson (hereinafter "Seller"), and KCI Environmental Technologies and Construction, Inc., a Delaware corporation with its principal place of business in Wake County, North Carolina (hereinafter 'Buyer"), and its assigns. WITNESSETH; WHEREAS, Federal and state regulations require the restoration, creation and/or enhancement of streams, wetlands and riparian buffers to compensate for unavoidable impacts to wetland ecosystems (hereinafter "Compensatory Mitigation"); and WHEREAS, Compensatory Mitigation may be developed by restoring, creating and/or enhancing stream, wetlands and riparian buffers on an approved site (hereinafter "Bank") and purchased to compensate for unavoidable impacts, subject to certain restrictions and obligations (hereinafter "Compensatory Mitigation Credits"); and WHEREAS, the North Carolina Department of Environment and Natural Resources Division of Mitigation Services, (hereinafter "Creditors") have identified the need for Compensatory Mitigation Credits in the Neuse River Basin; and WHEREAS, Buyer intends to develop Compensatory Mitigation Credits in the Neuse River Basin, and desires to enter into an agreement with the Seller to obtain easement rights over the property or portion thereof, referenced in Exhibit A (hereinafter the "Property"), for this purpose; and WHEREAS, Buyer has appraised the property and offers to the Seller a fair and equitable settlement for the encumbrances to be placed on the property; and WHEREAS, Seller either jointly or individually own or have an option to purchase the properties shown in exhibit A, recognize the intent and agree to transfer the usage rights by recordation of a conservation easement in perpetuity for this purpose, by execution of this agreement, subject to the terms and conditions contained herein: NOW, THEREFORE, in consideration for the use of the premises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Prouerty. Upon the terms and conditions herein contained, Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, conservation easement rights similar to those described in the Sample Easement attached hereto as Addendum A, over that certain real property (the "Real Property") situated in Johnston County, North Carolina, jointly containing approximately 11.6 acres that is described in Exhibit A, attached hereto incorporated herein by reference, together with an easement for ingress and egress to the public thoroughfares nearest the Real Property, in a location and route and upon such terms, as may be satisfactory to both Buyer and Seller. Seller represents and warrants that it is now either lawfully seized of the Real Property in fee simple absolute or has a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property, and throughout the term of this Agreement, Seller shall be either lawfully seized of the Real Property in fee simple absolute or shall have a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property. 2. Purchase Price. The purchase price for the easement rights is based on for a total of "Purchase Price"), payable on the day of the closing as hereinafter described (See conditions 19:1). Terms of Payment. Buyer shall pay Seller the Purchase Price as follows: a. The sum of One Thousand and 00/100 ($1,000.00) Earnest Money deposit by check, bank check, or certified check to be deposited and held in escrow by POYNER & SPRUILL, LLP, as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by the Escrow Agent, such Escrow agent shall retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. b. Buyer shall pay to Seller the Purchase Price at the closing. Any earnest money deposits (including any interest earned thereon) shall be credited to the Purchase Price. including: C. Buyer shall pay all closing costs incurred in the purchase of the property 1) All of sellers closing costs, 2) deed stamps and recording fees 3) sellers attorney fees (not to exceed $500). 4. Assemblage Agreements. The parties acknowledge that this Agreement remains contingent upon acceptance of the Assemblage easements by the reviewing Creditors to provide: compensatory stream and wetland mitigation. A termination, for any reason whatsoever, of any of the Assemblage Agreements shall, at the sole discretion of Buyer and upon written notice to Seiler, effect the termination of all remaining Assemblage Agreements. In the event of a termination for any reason other than Buyer's default, Buyer shall be entitled to a full refund of any and all deposits made to date on each Assemblage Agreement. A copy of the Johnston County aerial map highlighting the Assemblage easements to be acquired is attached hereto as Exhibit A and incorporated herein by reference. 5. Feasibility Study. Buyer shall have 18 months to conduct a feasibility study upon acceptance of the Offer to determine if the Assemblage easements are suitable for Compensatory Mitigation purposes. Buyer's feasibility study may include, but is not limited to, the following: 3 1. s:ila and construction paainning; I engineering (Ii.a., grading, hNI rologyjl Hydraulics and storm dnainage); 3. soil, rock and Iapography studies; 4. en vinonmental audil ; Iz _ . utility aanstrai nl s ; and E. credilar acceptance. If E uyer, in its sole disaretian, 6aterm;inas ion any reason than it its not fdasible lc plroaaed with alosiing on lila Assemblage easements, than, Buyer shall give Sa1:Icir writlein noilice of lerminalion as provided for herein, and Buyers shlall be enlitlad to a rcifund afl any wind ail] earnest mianay deposits rriade 10 data. If Huyar is satiisfiac with the prq.led fleasit ility on on before th a end of the 18 mionth plciriod, BuNan shall inform Seller afl:il s inteinl ions, ir wj iting, and shall pnoceied as sort out in Seclion 7 heirain below. Tha 18 rnunth parioc referred to heraiin shall not begin to run un1i1 the last of da easements listac in Exhlibit B are und(mcontracl to Buyer. Once this occurs, Buyer shlall inform Seller in writing of the t aginning and ark iing datas ofl the f6asibil:ily study period. 6. Closin The closing of th is tiansactian (tt ei "Clcising") shale be held wiithin (30) days aflter tha and of the feasibility slue y periiad. Buyer may w it end th a Closing dat a by twa Q' ac c itianail 30-daN extensions by dapasiting an addal ional $1,000 plcir 30 -day extension, dinactly with Sallcr. All such deposits will be applied to the Buraheis a FlAce ifltha Closing occurs withiri the maximum 60 -day extension. The Closing shale be head at the offiaas of Poyneri & Spruill, LIJP, Attameys at Law, 31CI1 Bayetlaville Streal, Su:ila 15100, Raaaigh, North Carolina, on at such othcir :Iocaition of Buyer's ahoice within'Walta or JoHnsiton Counties. 4 Bayncir & Spruill, LLB, aciling as Scilthirr nt Agent, shall hold in asarow all funds and documents presented to it a1 closing uriti:l all of 1ha Assemblaga Agreaments have cilosac. In the event thal ar. A oft the A ssemblaga A gr aemanl s do not close a1 no f au:li oft the Buyer, Buyar, at i1 s sole disaret:ian, may alose on any or a] of 1ha iiemainind Assemblage Agraements. In tha evew that Buyer chooses not to alosci on any or all ofl the rama:ining Assamiblage Agriecirriants riot alosad, all suah remaining Assembllage Agreemanls shaill ba larminatad and Buyar shall reaaive full reflund of all deposits panic to dale pursuant 1a the nan-closing Assemblage Agreerriants. Tha easernarit nights shall be given to BuNar a1 tha Ctria oft Closing. Seal l ar heireby raprascinl s and m arrants than an th ei c atci oft C:I osing, the Real Pnoparl y, axcepl as provided harain, shall be unoaaupiied and facia ofl anN aaasei or ollhar night of possessJun or claim of r:igW of possession by any parson cr ent:iIN other than Buyar. 7. Title Conditions. Seller shall conuay 10 Buyer the aaiscimiants raaonclable by daed of aaisament for the purpose contained herairi. S. S elhm''i Warranty. Se:llan henaby warrants and naplrasents 10 Buyer the fbllowiing: 1. Thai Se:lleui has nal raae:ivod any notice that the Raal Braparly sub iaat to Buyer' s easement rights is or will be subjaat to or affactad by (a) any spacial assassments, whether plrasenlly a lien theraan, on (b) any condemnation or sim]Ian pnocciadirig. 2. Mat them are no axistiing leases or agneamenits to llaasa regardiing the Rcial Br oparty. 3. ' to the best knowledge of Salaar, th at therie does not axisl on, under or at out tha Raal Property any underground storage tanks, flammable, implosive, axplasive or rad:ioacative malcarials, sail cr water pollution, hazardous waste, laxic substances, or simiilar subslanccas or malanials ccafiried as hazardous or loxia under stale or faderaa law, nagulation or ordinance, inaluding, without limilation, the Carnplrehcinsive Environmental Response Carrponsation Iliab:ility Act of 1980, as ameandead, 4 USC ' 9601, el seq.; the Hazardous Mlailaria]s Tnansportalion Act, 49 USC ' 1802, et seiq.; the Resourae Clonsenvat:icin and Reeoveny Act, 4 U1IC ' 6901, et seq. I1ecalleetivaly, "Hazardous Substanceas",; aanc thea reguaalions adopted pursuant theareto, and that Scaller is not aware of the transportation to on fiiarn thea Real Aroplcarty of any such Hazardous Substances. 4. That eaachl of I the foregoing representations and warrant i es i s true as of I the dates hereofl and will be true and will] ba reaffirmed in writing by Seller at the closing and shall survive thea closing. 9. Reamieadieas. Scdler ackrlawledges and agrees that in the avant of its breach hereof Buyer's nemedicis shall includca, in addition to its cath or reimed:icis availabaea at law on in eg0y, speaiftia pearformance and reaasonab lea attorney's f6cis. Hcicausei the liquidalad c amages provided to Se:llen hereinbelow anei intended by Huycir and Scaller as substitute parformancae by Huycar in aasci oflBuyer's material breach llareundor, Selilan agrees that it shall not be entitled to spacifhica performance as a remedy under this Agreement. M. LIQUIDA TED DAMAGES. AFTER ENDEAVORING 130 ESTIMA M WHAT SEL LER'S A CITUAL LC SS WC ULD HH IN THE EMENT OA E UYER'S DIEBAULT, A ND AS A Io MATERIAL INDUCEMENT TO BUYER'S EXECUTION HEREOF, BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES IN CASE OF BUYER'S DEFAULT, THAT THE AMOUNT OF THE DEPOSIT AND/OR DEPOSITS IS A SUFFICIENT REASONABLE ESTIMATE OF SUCH DAMAGES, AND THAT SELLER SHALL RETAIN SAID AMOUNT AS LIQUIDATED DAMAGES AS ITS SOLE REMEDY AGAINST BUYER. FURTHERMORE, SELLER AGREES THAT WITH ANY RELEASE TO SELLER OF SUCH DEPOSIT, SELLER SHALL NO LONGER HAVE ANY CAUSE OF ACTION OR CLAIM AGAINST BUYER, AND BUYER SHALL BE FULLY RELEASED FROM ANY ACTION OF SELLER ARISING OUT OF BUYER'S BREACH OF THIS AGREEMENT. THE PARTIES FURTHER AGREE THAT THE DEPOSIT IS A REASONABLE SUM CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT. IN PLACING THEIR INITIALS IN THE RESPECTIVE PLACES PROVIDED BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENT MADE ABOVE AND UNDERSTANDS THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. SELLER'S INITIALS: BUYER'S INITIALS• 11. Notices to Parties. All notices to be delivered hereunder s be delivered by U.S. Mail, certified, return receipt requested, or delivered in person, addresso as and to the attention of the respective persons set forth below. Each such notice shall be deemed delivered on the first business day following its receipt, refusal or attempted delivery, as appropriate, at the address of the party to be noticed: 7 As to Sealer: Gary T. Benscin and Linda W. Bensan 3 EI316 Elevation Road Benson, NC 21'1-'04 (9151; 8514-7333 Hamia (91% 81-11-9226 Cell C opy I o: As to Buyeir: KCI Environmantal Tecllno.log:as and Construction, Ina. Landmark Ceinten ll 4601 Sinai Forks Road, 9uiila 220 Raaaighl, NC 276051 A 1 tentian: Jlaa Maif fen Ccs: Buynar & Spruill LLFI A ttornieys al Law 301 S. Collage Streat, Su:11a 2300 Charlotl a, NC 28202-6421 Attention: Paul Arana 121. Fonae Ma*eure. In the event aither parry hereto shall be cclayad or hindered in or pravanted from i flarfarmanae of anN act requiried Hereunder by mason of 1 stj A es, loakoul s, inabilil y to pracura labor or malenials, flailure of power, restriative governmental lavas or regulations, riots, insurnecition, wan, fire, or other casualty, or others mason oft a s:imiilar on c issimilar nature beyond the reasonable control oil the party delayed in parformiing work or doing acts i aquined undar th a termis of this Agmemant (exc:lusive aft Seller's iinabil:ily la obtain flea simpla tiitlo to the Raal Aroparly), then performance of su&.1 act shall ba excused fbr tha period afl the delay, and tha pen:iod far the performance of any suchl act shall ba axlended fbr the period equivallant to th a parioc oft such delay. 13. FIRPTA Bmovisionis. Sallar agraes to compay with tha piiovis:ions of the Boreiign Investors Raal Aroparty Tax Act (FIRPTIA; . If SeEar fails to comply with FIRATA, Selleni HercibN expnesslly dirieal s and conisanits to t1 a escrow agent withh aldinig tan pericent (106/1' oft the Purchasa Brice of the easemant ri ghl s f br forwarding to the Internal Revenua Servii ae. No further in strU ati an lo 8 the escrow agent regarding this point shall be necessary. Seller also agrees to sign a Non -Foreign Person FIRPTA Affidavit. 14. Severability. In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall nonetheless remain in full force and effect. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. 16. Entire Agreement and Counterparts. This Agreement constitutes the entire agreement between the parties concerning the purchase and sale of the easement rights. Buyer and Seller acknowledge that neither has relied upon any representation, warranty, or promise except those expressly included herein. This Agreement may not be amended or modified except by written amendment hereto executed by an authorized signatory of each party hereto. No waiver of any party's rights hereunder shall be binding unless in writing and executed by an authorized signatory for the party to be so bound. The effective date of this Agreement will be the date on which the last Assemblage Agreement is fully and duly executed. 17. Binding Effect. All covenants, agreements and warranties herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal and/or legal representatives, successors, and assigns. 1 S. Execution of Other Documents. Seller and Buyer hereby agree to act diligently upon and/or sign whatever documents are necessary to effect the purposes of this Agreement. 9 19. Conditions. The property must be in substantially the same or better condition at closing as on the date of this Offer save and except the following: 1.) Purchase price to be adjusted to represent the actual amount of acreage encumbered, as determined by Buyer at Buyer is looking to acquire approximately 11.6 acres for restoration. The exact boundaries will be determined after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 2.) Seller shall grant Buyer an easement for ingress and egress from the nearest public thoroughfare as necessary to facilitate restoration of project, and in a location and route and upon such terms, as may be satisfactory to Buyer and Seller. 3.) Buyer needs 50-100 feet measured from the top of bank on each side of the channel for stream restoration on the property. 4.) Buyer will provide two 30ft wide culvert crossing to the easement as needed to allow access across main channel. 5.) Buyer will repair damage to fields and roads caused by construction activities by grading, seeding (grass) and fertilizing damaged areas as each portion of the project is completed. 6.) The exact boundaries will be determined by Buyer after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 10 20. Memor and um oil Contract. Sellar aric Buyer shawl entar into a mernarandum of this Agraament in form satisfholory la Buyer, and shall record such mamiarancum :in the JoHnsitan Counly Register of Daeds. Seller sha:11 taka no aiction to tarminata, abragate, rellaasa or amend the Mamoraindumi without tha prior axpress written consent of Buyer. 11 IN WITNHSS WHERECF, Buyer and Sellers have axecuted tl;is Agnearrient through their duly authorized signatories and wharei appropriate have affixed their iespeclive corporates seals henal o. ICC RAORIA TE SEAL] ATTE STHDI HA: Secnetaryl SIELLER : (SEAL) (SEAL) L) I111IEA.L; (SEAL: BUYER: 13 Exhibit A — Description of Property The subject property occupies more or less 11.6 acres in Johnston County, NC. A yellow outlined area as shown on the enclosed aerial photograph denotes the subject sites and is graphically depicted on the attached exhibit A (See attachment). These boundaries approximately described without the aid of field survey, the actual description of which and field limits will be determined at the conclusion of the feasibility study. 13 � 2J § § } � \. �� \! .�{ \�� ��; � � \\ «Jv �> p� 2`% », � � � � J .tea. « . � , ���.� � � a . :� , - � . �� : � ��� }2 :. \���\ ` � , 3 � ., . . . . �� »d�� .:�. �f: � � � � %/ :.'� � . 4 . � , }»a �� � ƒv: `� - - � � . - - C¥ .. � � . � �� . « ' � . , >\ > � ®" �\ �. \ �a & :� �t ��� �w�%: - �����:, . . � a �y �, �' �,�.f�\��2�. : \: � . ^��\ )�� �`» . - w � � \. � � j �� : � '\ .-�,-'' -''. � � � '` ` ' ' ; � S � � � # � � � ..\� � �� - , : w� ��:� �— �. ��. F i t ac i ri JOHNSTON COUNT) , A CII CIRAIG OLIVE, Regisfiem cif Deeds Riled l(1/2e/;j019 19:94:3 it Ar DEED EOCIK: 40714 PAIGE: 78 IN911FLMENT V 2011409799 ReiaJ Estate Excise Ta), 810.00 De Li N/Assislaint Register of Oleiecs Fluoocall Memorandum of Contract to Purchase Real Estate Prepared by / return to: Joseph P. Pfeiffer, Jr., KCI Environmental'fechnologies and Construction Inc., 4601 Six Forks Road, Suite 220, Landmark Center Il, Raleigh, NC 27609. Elizabeth Wurthmagn (collectively and severally, "Seller"), whose address is 425 Critcher Farm Lane Benson, NC 27504, and KCI Environmental Technologies and Construction, Inc. a Delaware corporation ("Purchaser"), whose address is 4601 Six Forks Road, Suite 220, Landmark Center 11, Raleigh, NC 27609, have entered into a contract to sale and purchase Easement Restrictions on the following property located in Johnston County, North Carolina: PIN number 164100-49-1473. Witness our hands and seals this 25 day of , ElizabetWWurthmam STATE OF 41,QeZX & ,g/,,I ¢ C OUN'DY OF 1, thel un6iniigjad, a Notary Public of tt e C aunty and Stales aforesaiid, da humby ccirtif) thanl Eliza bdth VNurthmar ni parsonally arpcailec beforei me this c ay and acdalowled€1ec thel due amicwtion aflthe Iclrelgoingl ins truaurt. Witness my hand and afFioial seial this thu d Lj day of ,tom ythb - , 2015. b6&a-emL F. olf-A,�> prinl(d niarrle: Syc° e4 F. 51Ia/ccs, Notary Publics (Officicd Se a4 My commissialn cxAlirels: j)epr�, ht j.. 11� Zd)(p 4r��Fs � yl OFFEM TO AUR CHA SE EASEMENT RES TRIICTIOMI THIS CFFHR TC AURCHASH EASEMENTI ACREHMENT Ilheireiiniaffcir "Agnearrmient") its entcread iinl o this 20" day of C atobar 2015, between Elizabeth Wurthmann (hereinafter "Sealers"), and AICI Elnvinonmenital TEchlniologliesi and Consitriuctior, Inc., a Delaware caorponalion wiith :ils principal placie aflbus:inass in Wake County, Narih CaroLinaa (hereinafter "Buyer",, anc its assigns. NMITNESSETH: WIHERHAS, Faceral and states ragulatiions riequirca the restoration, crciation ari(bar enhanciament aft streaams, watlands and n;iplanian bufilers to aampensale fori uniavoidat]a impacls la w'e and ecosystems (herie:inafieii "C ompensatoriy Miligatian",; and WIHERHAS, Compensatory Miligation may be developed by reisllaring, arealling and/oji anhanaing stmami, wellands and riparian bufflers an an approved site (heareinafiar `Bank") and purchased to campcansatea fan uniavo:idat lei impacts, sut jact to aertaini reslricticins and obligations (hercainaflter "Compensator) Mitigalion Credits"); and WHERHAS, thea North Carolina 11ciplartment of Environmeant Aral Nalural Resources DivisionaflMiti€lotion Servkias,(Itleireinafkem"Credilars"; havaidenlificc tteinieedforCompensalory MitiiElation Clncac its in tt a Neuse Rivem Basin; and WHIFIRHASI, Buyers intends la develop ClornipansatoryMitigation Credils in theNeiuseRlver Hasin, and desires to anter into an agraement with tta Seller to obtain easement rights mar the plroperh N or portion therieof� raflenianiced in Exhibit A I lheiieinafter thci " Hrcapcarty"; , for this purpasea; and WHEREAS, Buyer has appraised the plroper N and affairs to the Scller a four and equilable seltlemianit fon the ar.icaumbrancaes to ba planed on the property; and VHHEREASI, Sell eni eaithen jointly on i ndi vi dualll y awn or hava an option to purchase the propearlies shaven :in axtlibit A, reacogr,iize the inlent and agrea to t1ansftir the usaga rights ty recordati an of a consearvation easement in parpatuil y for this purpose, by exeuul ion of I this agreemcr. t, subject to tha tearmas ane conditions contained hcareain: NO VN, THERHIiORE, in ion sidetalion f 61 tha use of tha premiscis Ilarein and other good and vale abler cions idera tion, the rcaceipl and sufficiemay of whiaH are hereaby ackrfowledgead, thea parties hlereto agree as floll aws: Propemty. Upon the terms and cork itions herein aontainad, Buyer agrees to purchase fiaom Selllar, and Sallcm agrees to sell la Buyer, conisearuation aasament rights similar tci those described in tha Sample Easement attached hcniato as Addendum A, over that certain rcial property (the "Real Araplarty"; situaled iri JoHnsto Caunly, North Carolina, jaintl)I caontaining approximiatealy 0.4 acres that is described in Exhibit A, attached hereto incorporated herein by reference, together with an easement for ingress and egress to the public thoroughfares nearest the Real Property, in a location and route and upon such terms, as may be satisfactory to both Buyer and Seller. Seller represents and warrants that it is now either lawfully seized of the Real Property in fee simple absolute or has a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property, and throughout the term of this Agreement, Seller shall be either lawfully seized of the Real Property in fee simple absolute or shall have a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property. 2. Purchase Price. The purchase price for the easement rights is based on for a total of the "Purchase Price"), payable on the day of the closing as hereinafter described (See conditions 19:1). 3. Terms of Payment. Buyer shall pay Seller the Purchase Price as follows: a. The sum of One Thousand and 00/100 ($1,000.00) Earnest Money deposit by check, bank check, or certified check to be deposited and held in escrow by POYNER & SPRUILL, LLP, as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by the Escrow Agent, such Escrow agent shall retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. 2 b. Buyer shall) pay 1 a Sel l er tha Plurchlase llriea at thea closing. An y earns) m oniey deposits (including any inlerest ciarnad thorcion; shall t a credited la the Purchase Priaa. ;including: C. BuNor shall pay all alosin8 costs incurred in the purchasa oftlha pnoperl}I 1) All of I sell 1 ers c;l osing costs, 2) daad sl amps and racordinig fleas 3) sallars attorney floes (not la excccid $500,. 4. A ssemblage A sneemfu bi. The partias ackrlawladga th at this A grcciment rama:ins aor.itingent upon acaaptance afl thea Assemblage aasaments by the rajiiawiing Clrccitons to provide aompensatory straam and w etl and m iti8atian. A l armination, for anN reason wHal s ouv ar, ofl anN of th e Asscirrblage Agreements shall, at thci solci discretion of BuNar and upon writlen noticia to Sellcui, efflecl the termiination oil all ramaining Assemblage Agreemants. Irl the event aft a lermination fon any roasan other than Huyar's c afault, Buyer shall be ent:illed to a full] rafund of an} and all] c apos:ils made lo data ori each A ssemh 1 age A gi eemanl . A aufly of the JoHnstan County aerial map Highlighting th a Assarr bl age easemar l s la to acquired is atil achled here) a as Exhibil A and incorporatcc hlerein bN reflercnae. 5. Feasibility. Sltudy. Buyer shall hava 18 month -s la conduct a foasibi:lity study upor.i aaaeptanca of the Offer to determina ifl the Assemblaga easemianits are suilable fon Complcnsalory Mitigal ion purposas. Huyen's feasibility study may include, but is not limillad to, tha following: 1. site and conslructIon planning; 2. enginearin8 (i.a., grad;ing, hydrology/ hlNcraulics and sl arm drainaga); 3 11. soil, rocld ainc topography studies; 4. anv iranmantal audit; _`I. ulililN constraints; and E . creditor accapl ance. If Buyer, in :il s sola disaration, dal ermines for any rias on than it is not fUasible 1I a proceed with closing or. 1Ihe A s semblaga aaisamients, then, E uyen shall give Sellar written notiae of lerminalion as provided for harciini, and Buyar shall to entilled to a rafiind afl any and all aarnest money deposits miada la date. If E uyen is satisfied w:ilh tha project fleas:it ility on or t cifara 1Iha end of thea 118 m cn1h1 parioc , Buyer shall inform Sellar of its intent ior.is, in writing, and shall procaed as scat out in Seal ion 7 harain below. The 18 month period rafanied to Heroin shall not begin to ruin until the last oft 1lha aasamenits lasted in Exhibit B ara undar contract to Buyer. Onica this occurs, Buyer sha11 inform Seller ir.i writing ofltha beginning and andiing dates oflthe ftiasibililN study period. E . Cl osin Q . THe c] osing ofl tl: is transacit on (tt a "CI using") shall be held within (30) days offer tha and of the feasibihil y study period. Buyer may mail and th a Closing da11 a by two 112) ado iticnal 30-daN axlerasians by depositing an additional $1,000 flar'-I0-day extans:ion, directly with 9allar. All suah deposits wi:lll ba applied to the Purchase Brice lfltha Closing occurs within the maximum 60 -day extansioni. The Closing shall be Hold at tha offhcas of Poyner & Spruid, LI1P, Attorneys at Law, X11 Payetlavilla Streel, 9uita 1900, RaleigH, North Canclina, or at such othar location of Buyer's ahoice within Wal a or JoHnston Counitias. Aoynar & Spruill, LISP, acting as Settlament A€lar.it, shall hold in escrow all funds and documents piesented la it at chasing until all] of the Assemblage Agreemeants hava chased. In the avant th at any aft the A ssemb1ago Agrearniants do not alose at no f6ult of the Buyer, Buyer, at its solla M disaretian, may close on any or all cfI lhei remaining Asserrit Iage Agraaments. In th a avent that Buyer chooses nal to close on any on all of the ramain:ing Asscirrblage Agrearriants not eloscic, all such remaining A ssemblaga A graemani s shad l ba 11 arminatac and BuNan shaa l reaaive ful l ref fund of all deposits paid to data pursuant to the non-cllusing Asserublage Agrecirrants. Thu easernani nights shall) be given to BuNcui al tha t:irr ei oft Closing. Sel l er hlaraby raprascini s and warrants l halt on th a c alta of Closing, the Real Properl y, axcept as provided haraini, shall be unoccUpieid and fraa oft anN laasa on othar right oft possession ar caaim aft ri€lhl of possession bN any parson or enitilN other than Buyar. I Title Condition& Sellar shall cor.iu ay to Buyer the ciasa rmients racorc able by c eied of aasament far the purposa contained herain. S. S edlen's Warranty. Seller heraby vaianiants and rciprasani s to Buyer the fbll]owing: 1. Thai Selllar has not race:ivac any notiea lhat the Real Araparty subjacit to Buyer' s easemenI r:ighl s is or will be subjcict to or affactac by (a) any spacial assassments, whethar prasenily a lien tharoon, on (b) any acndemnation or sim:ilan proceadinig. 2. That thera are no axisling leases or agraaments to lease rcigaking the Raal Bnoparty. �I. '11a the best knowledge of Sellar, that there does not exist on, unden ar at out tha Rcial Property any undarground storaga tainks, flammiable, implosive, axplos:iva or radioactive miaterials, soil or walan po:lllulion, hazardous waste, toxic substances, on similar subsilances or rratarials defiinad as haaandous or toxic under slate oii f6daral law, ragulation ar ordinance, :including, withoul 5 lim:ilatian, thea Compiidlanisiiva Environmental Response Compensation Liatility Acyl cfl 1980, cis airrended, 4 USC ' S16011, at seaq.; ilhc Haaaridous Malerials Transpcariaation Act, 49 USC ' 1f102, e1 seq.; thea Reisource Canservalliion and Reeaveary Act, 4 USCI ' (901, eat seaq. (lcaolleacit:ivaly, "Hazardous Substances"); and thea rciglulat:icans adaplad pursuant lheareto, anc thw Salkir is not aware oft tha 1lransportalion to or f1rom thea Real Property ofl any such Haaardaus Substaancaes. 4. Thai each of the fare8aing reapreseanlaticns and wanaanities is true as oft the data heareaaf and will be true and will be reaffirmad in wrillind by Seller a1 th a closing and shall survive the alosiingl. 9. Humedics. Sellar ackdowleadgas anc agiiees thal in the event oft :its treacli hercicf� Buyer's remedies shall :incluc a, in addition 1 a :i1 s other remac ies available at ]law or in equity, speacific performance and reasonable atiumey's fees. Because the "liquidated damages praviced 10 Seller Hereinbellaw ane intended by Buyer and Selleni as substilule performance by Buyeii in aasa oflHuyar's malarial bneach Hereunder, Se;llleii agrees than it shall r.ia1 be entitled 1a specific performance as a remedy under this A greemanl. 10. LIQUIDATED DAMAGES. AFI ER HNT HAMORIING TC ESTIMATE WHAT SELLHR'S A CTUAL LC SS WOUIID BE IN THH HVENT OP BUYER'S D E BA ULT, AND A S A MATERIIAIJ INDUCEMENT 'HO BUYER'S EXHCUTION HERECP, BUYER AND SELLHR AGREE THAT III WC ULD BE IMPRA CT IICA.L AND HXTRHMELYI DIIFFICULT TO PIN ACTUAL DAMAGES IN CASE CF BUYER'S DEFAUIIT, THAT THH AMOUNT OP THE 6 DEPOSIT AND/OR DEPOSITS IS A SUFFICIENT REASONABLE ESTIMATE OF SUCH DAMAGES, AND THAT SELLER SHALL RETAIN SAID AMOUNT AS LIQUIDATED DAMAGES AS ITS SOLE REMEDY AGAINST BUYER. FURTHERMORE, SELLER AGREES THAT WITH ANY RELEASE TO SELLER OF SUCH DEPOSIT, SELLER SHALL NO LONGER HAVE ANY CAUSE OF ACTION OR CLAIM AGAINST BUYER, AND BUYER SHALL BE FULLY RELEASED FROM ANY ACTION OF SELLER ARISING OUT OF BUYER'S BREACH OF THIS AGREEMENT. THE PARTIES FURTHER AGREE THAT THE DEPOSIT IS A REASONABLE SUM CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT. IN PLACING THEIR INITIALS IN THE RESPECTIVE PLACES PROVIDED BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENT MADE ABOVE AND UNDERSTANDS THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. SELLER'S INITIALS: 6' (-;— , BUYER'S INITIALS. 11. Notices to Parties. All notices to be delivered Mail, certified, return receipt requested, or delivered in person, be delivered by U.S. as and to the attention of the respective persons set forth below. Each such notice shall be deemed delivered on the first business day following its receipt, refusal or attempted delivery, as appropriate, at the address of the party to be noticed: As to 9cillei: Elizabeth Wurthmann 425 Critcfl7lur Farm Lane Bensan, NC 27504 (919; 894 -34 -)II I Hloma Cagy to: VA A s to E uyen: KCI E nv iranmenl al Techriologias and Construcl ions, Ina. Landmark Canter II 4(01 Six Forks Raad, Suites 220 Ra le.]Elh, NC 27(49 Attention: floe Pf6iffar Copy lo: Poyner & Spniill LLA Al t omays at Law 301 S. Collcaga Streat, Suialci 2300 Charlotte, NC 28203-( 0211 Altentian: Haul Arena 12. Forces Maieuirie. In the event aither pare herela shall be dalayed or hincered in or prevcinl ad frami performanaa of any act rnaquired hlareunder bN reasan ofl strik as, lockouts, inability to procure. abar or matcu ii al s, f 6 i ] urea of power, nestricl i ve governmental laws on regul ati ens, rii a1 s , insuniecl ion, war, fire, or attar casualty, on other reasan of a similar or dissimilli am naluna beyond th ci rciasonat lle aonitriol of th a party delayed in performing wank or daing acts raquircid under tha terms of this A greament 11axalusiva oft Stiller's inabililN to obtain flee simpla tulle to the Rcial Properi N;, then perfarmarice aft such acct shall be excused for the period of the delay, and thea period fon the parfarmaance of any suahl acct shall] t a wwanidad for the period equivaacant la thea pericid of such delay. 1?I. TIRFTA Pnavisions. Seller agrees to comply with thea pravisions of the Hone:ign Invaslars Real Flrcipcirly Tax Acyl (FIRFITA). If Sallan fails to comply with FIRPTA, Seller hereby expressly directs and consar.its to the escrow agent w:ithh olc ing tan pear cent (I 1Q%) of the Purchase Priae of th a aasement night s for forwarding to the Internal Revenues Serviae. No further instrucatkin to the asaraw aganl regarding this paint shlala be neaassary. Seller ailso agreas to sign a Non-Foraign Hcuson HIRP'IIA Affidavit. 0 14. Severability. In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall nonetheless remain in full force and effect. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. 15. Entire Agreement and Counterparts. This Agreement constitutes the entire agreement between the parties concerning the purchase and sale of the easement rights. Buyer and Seller acknowledge that neither has relied upon any representation, warranty, or promise except those expressly included herein. This Agreement may not be amended or modified except by written amendment hereto executed by an authorized signatory of each party hereto. No waiver of any party's rights hereunder shall be binding unless in writing and executed by an authorized signatory for the party to be so bound. The effective date of this Agreement will be the date on which the last Assemblage Agreement is fully and duly executed. 17. Binding Effect. All covenants, agreements and warranties herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal and/or legal representatives, successors, and assigns. 18. Execution of Other Documents. Seller and Buyer hereby agree to act diligently upon and/or sign whatever documents are necessary to effect the purposes of this Agreement. 19, Conditions. The property must be in substantially the same or better condition at closing as on the date of this Offer save and except the following: 9 1.) Purchase price to be adjusted to represent the actual amount of acreage encumbered, as determined by Buyer at Buyer is looking to acquire approximately 0.4 acres for restoration. The exact boundaries will be determined after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 2.) Seller shall grant Buyer an easement for ingress and egress from the nearest public thoroughfare as necessary to facilitate restoration of project, and in a location and route and upon such terms, as may be satisfactory to Buyer and Seller. 3.) Buyer needs 50-100 feet measured from the top of bank on each side of the channel for stream restoration on the property. 4.) Buyer will repair damage to fields and roads caused by construction activities by grading, seeding (grass) and fertilizing damaged areas as each portion of the project is completed. 5.) The exact boundaries will be determined by Buyer after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 20. Memorandum of Contract. Seller and Buyer shall enter into a memorandum of this Agreement in form satisfactory to Buyer, and shall record such memorandum in the Johnston County Register of Deeds. Seller shall take no action to terminate, abrogate, release or amend the Memorandum without the prior express written consent of Buyer. 10 IN WITNESS WHEREOF, Buhler and Sel;len have cniciciuled this Agmernaw tUough thair duly autharized signatories and whaw aplpropriale hava affixed thairi respactiva aarponale scalls hleneto. .YA 14 [CORP_ORATB SEIAL] ATTESTED BY: Scicmetary 11 SIELLER: i (SEAL) (SEAL) (SEAL) (SEAL) BUYER: Exhibit A — Ileiscriiplti on oil ProAeirty Thla subject proflarty occup:ias miora or ]lass 0.4 acras in Johnston County, NC. A yallowi out:linad area as shown on th a analosad aarial photograph c ar.iales tha subject site and is graphically dapiclad an the attaahed axh:ib;il A (Sae attachment). Thesa h oundaricis appraxim aitelly described without th a aid of ficdd survay, the aalual desariptian of which and field limits wi:lll be daterm:inac at the aonalusion of ilha fleasibillity study. 12 Y 4 I 1 - .' 1 t .� �' � / �, • ii St ,.mss. - _ � r -Y M L f,y�t ti:5. F r ` 4 4. •�_ V'J •kr'• 11 n� 1 �, W R i t ec in JOHNSTON COUN77 , � CI CRAIG OLIVE, Regislleri cifl Cleats Fi 1 eid 10/2(1/2019 10:04:37 AM DRE0 9CW : 41614 ANN: 771 DSTROUT t 20194Ie975(1 Real 9stal c 9xcisic Tax $10.0(1 [epLty/Pssistant Register of Deecs Awoocall Memorandum of Contract to Purchase Real Estate Prepared by / return to: Joseph P. Pfeiffer, Jr., KCI Environmental Technologies and Construction Inc., 4601 Six Forks Road, Suite 220, Landmark Center II, Raleigh, NC 27609. Van D. Sherrill (collectively and severally, "Seller"), whose address is 1466 Old Coach Road Kernersville, NC 27284, and KCI Environmental Technologies and Construction, Inc. a Delaware corporation ("Purchaser"), whose address is 4601 Six Forks Road, Suite 220, Landmark Center II, Raleigh, NC 27609, have entered into a contract to sale and purchase Easement Restrictions on the following property located in Johnston County, North Carolina: PIN number 164100-28-7593. vpAS our hand ar�,Als thisX' ay of Van D. STATE C IF A 1d"A e ,e j //�,f C CIUNTY OF W&1f- I, the unc armignieid, a NatarN Put l is of thea Caunly and Stade afarasaid, da haral ccr ify that Vani D. 9heirrill Fersanially zippoarcid bell mei this day avid acknawlac gleed tt a due axeicutiari of thea faragaing inistrun incl. Wilneiss my Hand and official seal this t1les Al c aN of ©.Xoh eg , 21015. (�f,-vze2t Ill names e,i F. Ski _e5, Noil any Put lic (Cfficial Seici ] My cammissian 0 F. 8? --N W0TA$l C FFER TO PURCHASE EASEMENT RES ITMICTIONS THIS C FFHR TC PURCHASE EASEMENT A GREHM EN T I1hereai naf tc r "A grieem ent"; :i s enitearead into this 19'' day of Octabar 2015, batwcan Man D. Shaniill (hereinahet "Scillcir"), and AICI Eln tiiironmer>>lal Tethniolog�esi an d Con struch*cin, Inic., a Lledawarci corporatian witt its fpainc:iflad placea oflbusiness in Waka CounlN, North Clarollina (herainiafter "Buyer"), and its assigns. W ITNESISETH: WHEREAS, Fedaral and states i eigul ati ans require the nestoriatii an, creation and/car cinhanaeiment aft streams, watlands and riparian buffers to acampeinsale for unavoidat Ila :impacts to wetllanc ecosyslams (hlareinaflat "ClompcansatonyMiligatican";; and WIHERFASI, Compensatory M:iligaticin may be daveloped by resilaring, areatiingl aindior eanhancaing streami, wetlands and niflanian bufflers on an approved site (heineinaflar "Bank") and purchased to (iompensatea far unavoidable impacts, sutjact la certain teaslrictions and obligations I1harainaftcir "CompanisalorN Mitigalion Credits"); and WHDRDASI, tho North Carolina I]capaartment of Environmeant Arc Nalural Resources Division of Mitiigationi Serv:iaeis, (Itlareinaflleui "Credilcars"; have idenlif icc th a need fbn Comperisalory Miligat:ion Crcc its in lhci Neuse Rivfm Basin; and WHEREAS, Buyer intends to day atop Clcarnpansatory Mitigation Credits in the Neusc River Basiin, and desires to enter into cin agraemcnl with thei Sallee to obtain easemanl dghlts guar the praparty an porta on thereof 1, raf inenced in Bxhiibit A (hereinaff er thea "Brcaperty"; , foci this purpasa; and WIHEREASI, Buyar Has aflpraisad the properlN and aff ars to tha Sallcar a fair and equitable sattlament fbr the ar.icaumbrances to ba placed an the property; and WHEREAS, Sellem eaithen jainlly or inidividua.11N awn of haavea an option to pwchase the piiopartias sHown Jin axhlibit A, nacogniza the ir,itent and agnea to transflan the usagci nights by reeondal ion of a conisaniation easemanl in parpetuiity fbr this purposca, by execution ofIthis agraemear.it, sut jact to th a tarms and conditicans aanl ained hearainr NOW, 711HERDIRORE, in caonsideraationi fbr tha use of the prarnisas herie:in and othar good and va:luat ]a cons:adcaraation, tha raceipt and suffi6car,icy of IwhicH are hcreiby acknowlcc gad, tha parties hencalo agrees as fbllaws: 1. Propertti. Upon the tcarmis and condit:ians Herein aontained, Buyear aigreas to purchasa from Seller, and Sellar agneas to sella to Buyer, conscnation aasement rights sim:ilan la those dascribad in the Sampla Easemcanl altachac hereto as A ddcindum A, over that cars aini renal property 11th a "Real Property", situaled in ohlnston County, North Carolina, jointly containing approx:imiataly 9.6 acres that is described in Exhibit A, attached hereto incorporated herein by reference, together with an easement for ingress and egress to the public thoroughfares nearest the Real Property, in a location and route and upon such terms, as may be satisfactory to both Buyer and Seller. Seller represents and warrants that it is now either lawfully seized of the Real Property in fee simple absolute or has a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property, and throughout the term of this Agreement, Seller shall be either lawfully seized of the Real Property in fee simple absolute or shall have a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property. 2. Purchase Price. The purchase price for the easement rights is based on for a total of (the "Purchase Price"), payable on the day of the closing as hereinafter described (See conditions 19:1). 3. Terms of Payment. Buyer shall pay Seller the Purchase Price as follows: a. The sum of One Thousand and 00/100 ($1,000.00) Earnest Money deposit by check, bank check, or certified check to be deposited and held in escrow by POYNER & SPRUILL, LLP, as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by the Escrow Agent, such Escrow agent shall retain said earnest money in the broker's trust 2 or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. b. Buyer shall pay to Seller the Purchase Price at the closing. Any earnest money deposits (including any interest earned thereon) shall be credited to the Purchase Price. including: C. Buyer shall pay all closing costs incurred in the purchase of the property 1) All of sellers closing costs, 2) deed stamps and recording fees 3) sellers attorney fees (not to exceed $500). 4. Asiscir bllage A gneements. The partias aakrlawledge th at tWs A graeiment rarnains aonlinigent upon accalllance of thea Assamblage ciasaments bN the reviawing Clnciditors to pnavidei aompensal orn}l streams anc wetland rniitigatian. A teirmination, fan anN reason what som en , of I any aft th a Assarrbllage Agraamenits shall, at tha sole discnation of Buy= and upan writlen rotica to Salleir, effect the terminalion of all narnaining Assemit ]age Agreemants. Id the event afl a lerminalion for any reasan other than Buyer's default, Buyer shall be entilled to a full nafund of ar y and ail] dapasils made to date an each Assemblage Agreemanl. A eapy of the JoiHnston County aerial map Highlighting the Assemblage easernants la bei acquired is attached hlerela as Exhlib:il A and incorpoiatud hlarein by reflercnaa. 5. Peasiblility Study. Buyers shall kava 18 mionths la conduct a feasibility study upon aaaeptanaa of the Offler la datermiine if the AssemblaElci easernants are suilable for Clompansalory Mitigalioni purpases. Buyer's feas:it ility sludy may inic:lude, but is not limilad ta, tha following: 3 11. site and caanstruction planning; 2. engincieiring (i.e., grading, hydrology/ hydraulics anc slarmi drainaga); soil, rocld anc topognaphN studies; 4. eanviranmcanlal audit; Al . ull i hi N constraints; and 6. anaditor acccapll ance. If Buyer, in its sola c isaration, del eirmines far any reaas on than it is not fear Bible to proceed with closing on thea Assemblages caascarnents, then, Buyer shall give Seilacar wnittcan not:iae ofltearminalion as provided fbri hereain, and Buyer shall Bei entitled to a reafkind cafl any and all ciarnest money capoOs mac ca to data. If Buyer is saitisfied with thea pnojecl fleasibility on or t eafarea thea end aft the 18 manth periiad, Buyear shall inform Sallsar oft its intens ions, in writing, and shall proceaead as set oul in Seactiior. I hearcain below. The 18 month) period reafearned to Herein shall not began to nin until thea last oil thea caascamenits Fstead in Exhibit B arca undcar contracl to Buyer. Oncu this ocacurs, Buyers shall informs Seller in writing oil thea beginning and sanding dates ofl the fdasibililN study period. E . C losinP. Thle closing afttl is transaction (tl. a "Cllasing") shall be Meld within (30) days after the and oil the feasibility study per:iad. Buyer may eaxlend th a Closing dates bN two (2) additional 30-daaN eaxlensiians b} depositing an additional $1,000 pcui 30 -day extar.is:ion, d4 act]IN with Sellar. All such deposits wai1l It ca aippllied to the Purchase Ildce 41tho C11 using occurs within th a maximums 60 -day extension. The Closing shall be htald at thea offhceis oflPoynen & Spruill, LIIP, Attorneys at Law, 301 Aayetlavillea Streel,'Sluile 1900, Raleigh, North Carolina, on at SUCH othsar:loaation aflBuyer's ahlaice within Waka or JoHnsllan Counticas. 4 Bu3nar & Spruill], LI1P, acting as Sattlament Agan1, shall hold in escraw ala funds and documents presanted to it al cllasing until a 11 oft the Assemblage Agraciments have alosad. Id the evanl than any afl the A ssemb laiga Agreernar.il s do not cdosci at no faullt of 1ha Buycm, Huyar, al its sole discretion, may alose on any or all of the remairing Assamblagai Agicemcinls. Ir the evanl that Buyer ahaoses not 1a closa on any or aal of the nemaiining Assamblaga Agraements not closed, all suchl rcimaining Asscirnt 11 age Agreamients shah be term nailed and Buyer shall rciceiva full reflund cfl all c aposits paid to carte pursuant to the non -closing Assamblaga A graciments. Tha aasamient rigtlls shall t c given 10 Buyer at tha lime ofl Closing. Seller Hereby represents ark warrants that on the dale of Glosir, g, tha Raal Braplarty, excapt as provided Herein, shall t a unoccupied avid free of any lease ar other right of possession or cda:imi of right of plossassion by anN person or amity ath aii than Bu}len. 7. Tithi Conditions. Scdler shlaill convey to BuNar the easemenils recoridablci by deck ofl easement for tha purpose cor.itaincid bleneir. 8. Seller's Warranty. Scillen hlareby warrants arc represents to Huyar the following: 1. That Scdler blas not iiecaived any notice thal tha Real Property sutjecl to Huyar' s eascirn ant rights its on will t a subjecl to or affected b} 1121) anN speaia] assessmiants, whather presant:ly a l:iar.i thereon, ar 11t) any aonk amnalior.i or simiilar proceeding. 21. That there ana no existing ]laasas ar agreemiants to leasa regarding tha Real Proper N. 3. To the bast krnlowlledge oft Seller, than th are c acs r.ial ai iist on, undar or about the Reall Araperty any undergnounc storage tanks, flammat la, impllosiva, 5 explosive or radioaclive matcirials, soil or walan poUulion, hazardous waste, toxic substances, or simiI aii subst ances on matari als cleffinac as hazardous er toxic uric an state or fbc!aral ]a -,A, raglulation ar or(inanae, inalucing, withaul himiitalion, lha Comprehensive Environmental Response Clompansalion Liabilily Act of 198(1, as amended, 4 USCI ' 9((I1, et seq.; the Hazardous Materials Trainsportalion Aat, 49 USCI ' 18Cl2, at seq.; the Reisaunce Conservation and Recovery Act, 4 USC ' 6901, et seq. (collecilive:ly, "Haaandous ,lubstancus"; ; and the negulal ions adopted pursuant therato, and that Sellar ;'is not aware oflthe tnanspariat:ion to or fhrom the Rua] Properly of anN such Hazardous Substances. 4. That each of the foregoing nepresentalions and warranties is lrua as of the c ate heneofI and will be truce and wi:lI be reaffiirmad in writing bN Seller at the closing and shall suruiva thci closing. 9. Remcdiesi. Seller acknowledges and agrees that in tha event of its brea&.1 hereof Buyer's remedies shall include, in ado ition to its oth ar ramedias available at lava oii in equily, speeif ie performanaa and raasonabla altorniey's flies. Because the liquidalad damiages provided to Sehan hlereinibalow are intended by Buyer and Sallee as subsl ituta parformance bN Buyer in Casa ofl Buyer's materi:ial breach haraundar, Seller agrees that it shlall not be entitled to spacifiic parformanca as a rcmiedy under this A graeiment. 10. LIQUIDATED D AMA GES. AFTBR ENDEA VO RING '➢O ESTIMA T E WHAT SELLER'S A CITUAL LIOSS WC ULD HH IN THE EVENT OF E UYER'S DIEHAULT, AND AS A IN MATERIAL INDUCEMEN'B TIO BUYIER'S EXHCUTICN HHREOH, BUYER AND SHLLFR AGREE THAT I'Il WOULD BE IMHRA CTIICAL AND HXTIREMELY! DIFHICULTI TO HIX ACTUAL DAMAGES IN CASE C F BUYER'S DHFA ULT, THAT THE AMOUNT OP THE! DIEHOSI'II AND/CR DIEF OSITS IS A SUPHICIHN➢ REASC NAHLH ESTIMATE OF SUCH DAMAGES, AND THAT SELLER SHALL RE -MAIN SAID AMOUNT AS LIQUIDATED DAMAGES AS ITS SC LE REMMYI AGAINST BUYER. FURITHERMORE, SHLLHR AGREES THAT WITH A NY! RELEA SH TC SELLIER C P SUCH D EF OSIT, IIEBLER SHALIL NO L IONC ER HAVEANY CAUSE CF ACTICN OR CLAIM AGAINST HU -MBR, AND BUYER SHALIL BE FULLY! RHLEA SED FRC MANY ACTICN C P SELLHR ARISING OUT C P BUYER'S BREA CIH OH THIS AG RIEEMHNT. THE PAR TABS FURTHER AG REE TIHA TI THH DIEHO S ITl IS A REASC NABLE SUM CONSIDERING ALL CF TIHE CIRCUMSTANCES EXISTING AS OH THE DATE OFTHIS AGREEMHNTI. IN PLACING THEIR IN ITIALS IN THE RESPECTIFVH PLACES PRC VIDED HEIJOW, BACH HART-! SHHCIlRICAL LY! C C NFIRMS THE A CCIURA C YI OF THE STIATHMENT MADE ABOME AND UNDERSTANDS THE CC NSHQUEINCES CB THIS LIQ UIDIA TIED DA MA GES HROMISIC N. SELIJER'S INITIALS: BUYIER'S INITIAI.JS: 1 ll . Notices to Aanties. A11 noticias to ba dal ivened heteundet s a deliveried by U.S. Mail, aartificid, ieiturn neiaeipt requested, on dalivened in parson, addnessad as anc to the atlentian of tha raspeative persons set forth below. Each such) notiaei shall be deemed ceilivercid an da first business day following its naae:ipt, reflus al ar altemptad dalivery, as apptoptiata, at tha ac drays of th ei parry to ba noticed: 7 As to Sciller: Man D. Sherrill 1466 C Id Coach Road Nerniersvillc, NC 27284 11'-1=16) 993-43(4 Homes 11-'116) 403-507( Cell Copy to: As to Buyer: KICI Bnviranmenla Techriologicas ane Construclion, Ina. Ilandmarkl C lent er I1 4(01 Six Borlds Road, Suites 220 Raleigh, NC 2764q Atlenition: floe Pf6iffen Copy 1o: Poynen & Spruill LLN Al I orn ays at Lava 301 S. Collleige Street, Suila 2300 Chanlottc, N C 28202- ( 021 Al tenti cm: Bau:l Arena 12. Forces Ma*eune. In the event eaitHer parly Henel a shall] be delayed car hindered in on pncav eine ed frami pcarformaneea afl any licit requiiied hlereundeii by reaascan of s1 ra as, loekoull s, inabil i1 A to plrocunea labor on mateidaas, failure of power, nestrialive govarmnentall lavas or iiagulations, riots, inisunieclion, wan, fine, or ath eaii casualty, or othen reason ofl a similar on dissimilar naturae beyond the reasonable control of th a party delayed in rlerformin€l work on doing acts required under th a terms oft this Agraemenl (laxclusive afl Seller's inabiliily to obtain flee simple title to the Raa:l Properly), then performance of such act shall bci excused for the period of the delay, and tl a period for the performance of anN such) act shall be extended for thea pen:iod equivallent to t1 a period oft such delay. 13. PIRPTIA Provisicangi. Seller agrees to comply with the piiovisians of the Foreign Investors Real Property Tara Act (FIRBTA,. If Se;llei fails to comply wit]: FIRFTA, Se:llen harabN expresslN direals and consents to 1ha escrow agent withholding ten percent (109c; of the Burahase Brice oil the easemanl rights fbri fcarward:ing to the Interr.ial Revanue Service. No furthcar instruction to N. the ascrow agent ragarding this po:iw shall be nacessany. Seller also agraas to sign a Non-Horaign Parson PIRPTA Affidavit. 14. Severallility. In the event any provisJan ofIthis Agreemanl shall be del arminad by a court of ciompetew jLirisdial ion 1 o h a inv a] id oii unenfbrcciable, tl; a ramainder of the Agraamenl shall nonathellass narnain in full faraa and effecl. 115. G oveirning Law. This Agriearnant shall be gov arnad by and construed in accordance with tha flaws ofllha Stala of North Carolina. 16. Entirc Agrcement and Countenpartsi. Thlis Agreeirnanit aanst:ilules the entina agraament between the parties aoncierrning tha purchase and sala ofIthe easement rights. Buyer and Se liar ackdowledge that naither Has ielieid upon any raprasenlation, warranty, or piarrisa excapl 1 hose expresslN ir.icduded harein. 'phis A groament maN not be amiandad or modified exccipt by written amendment harato executad by an aulhariaed signatory of aachl party heralo. Na waiveir of any plarty's rights heraunder shall b a binding unlleiss in writing and execiuled by an authorized signatory far the party to be so bound. THe effkitive data oflthis Agreemanl wi:l11 be the dada an which the last Assamiblage Agreamienit is fully ark duly axacuted. 11 Binding Effect. A111 covenants, agneamianits and warrantias herein shall ba binding upan and inure to th a benefhil of I l ha pari i es blenal o and th ain raspeal ive hairs, axecul ars, administrators, personal and/ar legal representatives, sucaassois, and assigns. 18. Excaution of Othm Documents. Seller aric Buyer hlareby agrea to aat diligent]IN upon and/or sign whatavar documents ane naciessary to affect the purposeis of this Agneerri nt. 9 19. Conditions. The property must be in substantially the same or better condition at closing as on the date of this Offer save and except the following: 1.) Purchase price to be adjusted to represent the actual amount of acreage encumbered, as determined by Buyer at Buyer is looking to acquire approximately 9.6 acres for restoration. The exact boundaries will be determined after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 2.) Seller shall grant Buyer an easement for ingress and egress from the nearest public thoroughfare as necessary to facilitate restoration of project, and in a location and route and upon such terms, as may be satisfactory to Buyer and Seller. 3.) Buyer needs 50-100 feet measured from the top of bank on each side of the channel for stream restoration on the property. 4.) Buyer will provide a 50ft wide culvert crossing to the easement as needed to allow access across the main Stoney Fork channel as approximately shown on the preliminary subdivision design dated 6-22-15. 5.) If it is determined that the three smaller tributaries are jurisdictional then Buyer would like to pursuit restoration on these channels as well. Buyer will then provide three additional 50ft wide culvert crossing to the easement at approximately the same location as shown on the preliminary subdivision design, as needed to allow access across the three tributaries. 10 6., BuNar will rapair damages to fialds and roads caused bN aonstruclion activities by grading, seeding (grass) and fOrti:liiaing damaged areas as each portion of the project is aamif11eted. 1) The exact baundar:ies will be dalermined b}t Buyer aftev the feasibility study is completed, at whiahl timia the aareiage and finalt punaHasa pricia will) be adjusled. 20. Memorandum of Contnaat. Se] ]er and Buyer shall enter into a meimorandum ofIthis Agreiemeinl in form salisfl atoiiy to Buyer, and shall raaorc such meimoraindumi in the SoHnston Counity lkagislav oft]DIeeds. Sellar shall lake no action to terminale, abrogate, release ar arrand the Memorandum without the prion express writlan consent oft Buyer. 11 IN WITNESS WHBREOB, Buyer and Saller haws executeic this Agraciment thraugh their cul) author:iacid signatories and where appropriates have affixed thaiii reispeative corporaila seials heuieto. [CORPORATE SEAL] ATTESTED BY: tl c u C -,n BUYER: Secretary 12 JLAL) Exhibit A — Description of Property The subject property occupies more or less 9.6 acres in Johnston County, NC. A yellow outlined area as shown on the enclosed aerial photograph denotes the subject site and is graphically depicted on the attached exhibit A (See attachment). These boundaries approximately described without the aid of field survey, the actual description of which and field limits will be determined at the conclusion of the feasibility study. 13 Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/26/2015 10:54:37 AM DEED BOOK: 4674 PAGE: 79 INSTRUMENT # 2015469750 Real Estate Excise Tax $0.00 Deputy/Assistant Register of Deeds pwoodali Memary idum adl Conllnaat to Purchase Rcal I+lstalle Pmeplamac ty )l return 1o: Jasciplh P. Pfaifllcir, Jti., KCI Fnvironmemlal Tlcichnialaglias zinc Conistmuctiori Inc., 4601 Six Fanks Road, Suite 230, IJan ni Caw cir 1I, Rlaleiiglh, NC 'I160SI. Jlcirry W. Banrish and Lisa H. Iiarnish (callcicliwl}l anc sciveiradly, "Sellar"), Ahase aide mess is 4 141 Blevalioni Rbad Bansani, NC ',115(14, anis KCII Bnviirammenllal Teehnologlics amoidl Caristruclliani, Inc. a Dcdawarci corpamalian (I"Burchascir"), All asa ac dreiss is 46(11 Six Fanks Rlaad, Suitei 221Q, Lanidmairk Clcinilem l I, RalaigH, N C ,eIA6(ISI, harve aridered inita a eanuml ila sadei and purchase Hascniant Rlestriclians an the follawiinig plroplem}l laaatm in Jahrimani C auruty, Nor1ll Caralinar BIN muni 1i 41(IQI-191-199H. Wilneiss ow hands zinc seals this�daiy ofCd , alb J-�1 C.J• ��`.f`,C'� Jeni}l . P 's H Ilisa 11. Parnish S11ATB CIF /I&Rt1 r�ARai%aA- C OUNTY C IF --rbA /15)b h I, the uinc arsignicid, a Nalary Put lice al t1le C aunty and State aforasaic, da hcmety eenlif}I that Jerry W. Banish sinidl Lisa B. Parris H plensonallN aAlpcarac Hafara ma this da] ainc acknawkidgad the duei eixecul ian of Ille faiii in8 instruirrier.t. Wilnass my ham anc affiaiad scial this the o D ca}l of _ �kKe6t2 ,21015. pl r= vied niarrie:.S7*.,/en F. 5-Aq/cefk, Nalairy Public (Cfficiail Secid,l My commissian axpliras: Deee mbyti a , 2141) 4 ucnu,i�c 00 F. $ t OFHERI TO PURCHASE BASEMENT RHSTRICTIONS THIS OFFER 110 PURCHASE EASEMENT AGRHEMHNT (liere:inaflen "A €Ircaeamcanl ") is canleried into this Wh day of October 201f, between ]arry W. Ilarrishl ar.k Ilisa B. Farnishl (hereainalker "Se:lleir"), and KCI Eln tiironmental Tech r, ologiiis and Construction', Inc., a Eeaawarea earporalion with) its principal pllaice cifl business in Waka Counly, North Caralinia (hereainafkcar "Bu)ter"; , and its assigns. WITNHSSIETH: WHEREAS, Padenal aric state regu l ail ions reaquira the rastaral ion, careaat:i an and/or Binh aracaern ani of slraams, wetlands and riparian bufftirs la compensate for unavaiidable impaals to wetland ecosystems (hereainafter "CornpanisaalorN Mitigalion"); and WHEREAS, Camilleansalary Mitigalior.i maN be develcFleid by iestoning, creating and/or and ainicing streaam, Acitlands and tiparian buff6is on an approueid sitci (hereinaften `Bank") and puncheiscid Ica aompeansala for unavoidable impacts, subject to cerlain restriclionis and obligatians (harainafkear "Compensatory Mitigation Crie&1 s "; ; and WHEREAS, 1 hea North Carolina Dapartmonl of Environment And Natuiial Reasourccs Division of Mill igatlon Sar` ices, (hlere: neifl er "Crediloiis") hlaive idantifkiad the neck for Compcansatory Mil igaticn Creadits in the Neuse Risser Hasin; and WHDREA S, Buyer initands to c eavalop Compensatory Mitigaticin Cneadits in the Neuse River Basin, and desires to enter iinl a an agneemcnl with the Sallar lo at 1 ain easement rights av ar the prapcirty or portican theneacaf� reafereniecad ir. Hxhibit A (1: eiraeinafter tf a "Rioparty";, foii this purpose; and WHEREAS, Buyers has aapflraaiscad the prcapcirly and offlarns to thea Sallar a faire and eg0able sattaament fear the earncumbriances 1a be placed can the FlnoperlN; and WHEREAS, Seller eithcar jcaiir,itly or individually awn or have an option to pwchase thea prioperties shlown in exhlibit A, riecognizea the intent and agreaa to transfleni the usagea nights by riecordalior.i oft a conservation easemcanl in parpetuity fon this purpose, by execaution oil this agreaemerat, sub jact to th ca terms avid conditions caonl ained Ik main: NOW, THEREFORE, in consideration for tha use of the flreamisas hleriein and othcir good and valuablla aons:idaration, tha receipt and suffic:iancy of which are hareby acknowlcadgad, tha parties heriela agreea as fo:lIaws: l . Propeirt*. Upon the tearmis and conic itions hereir, contained, E uyar agrees to purchlasea fbom Se;llen, and Sallar agneas to sell to Buyer, conscirvation aasament nights similar to those describead in thea Sample Easemcnl altachad hleareto as Addendum A, over that certain rcaal praporty (the "Real Property") situated in Johnston County, North. Carolina, jointly containing approximately 3.5 acres that is described in Exhibit A, attached hereto incorporated herein by reference, together with an easement for ingress and egress to the public thoroughfares nearest the Real Property, in a location and route and upon such terms, as may be satisfactory to both Buyer and Seller. Seller represents and warrants that it is now either lawfully seized of the Real Property in fee simple absolute or has a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property, and throughout the term of this Agreement, Seller shall be either lawfully seized of the Real Property in fee simple absolute or shall have a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property. 2. Purchase Price. The purchase price for the easement rights is based on for a total of (the "Purchase Price"), payable on the day of the closing as hereinafter described (See conditions 19:1). 3. Terms of Payment. Buyer shall pay Seller the Purchase Price as follows: a. The sum of One Thousand and 00/100 ($1,000.00) Earnest Money deposit by check, bank check, or certified check to be deposited and held in escrow by POYNER & SPRUILL, LLP, as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by the Escrow Agent, such Escrow agent shall retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. b. Buyer shall pay to Seller the Purchase Price at the closing. Any earnest money deposits (including any interest earned thereon) shall be credited to the Purchase Price. including: C. Buyer shall pay all closing costs incurred in the purchase of the property 1) All of sellers closing costs, 2) deed stamps and recording fees 3) sellers attorney fees (not to exceed $500). 4. Assemhllne A greements. Thla particis acknowledge that this Agneymiant remain s cantinganit upon acceptance of the Assemt]age easernarits by tha neviawing Credilars to pnovida aampansal ory streami and watland mitigation. A terrninal ions, for any rciason w1latsoever, of any ofltho Assemb;laga Agnyciments shall, al the sole discretion of Buyer anc upon written notice to Seller, affact the Icirminalion of all remaining Assembla€lei Agraements. In the yveinl oil a tcrrniriatkin fon anN reason ath ar th an Buyen's default, Buyeri shlaill t a ant itlad la a full refund of any and all deposits made to date on ciach A ssemblaga Agnaament. A copy ofl th a Johnston County aerial map highlighting the Assemblaga easements to be aaquirad is altacl ad harato as Exhibit A and incorporated harain by reiferencci. f . Rasihliility �Itudy. Ruyan shall have 18 month's to aor.idual a feas:ibiIIty slucN upon accaplance of the Offer to dalermine if tha Assamblage aasements are suitably fon Comipansatory Miligaticm purposes. BuNan's faasibihily study may :incduda, but :is not limited lo, lha flolc14ng: sill a and construcrtion p:l anmi ng; 2. engineering 1li.a., grading, hNl rolcagy)l hydrauhicas and storm draiir. age); -I. soil, rock and topograpHy studies; 4. anvironmiantall audit; ul i l:i l y constra: nl s; and creditor acceplanicci. If Buyer, in :i1 s sale discrat:ion, dealerimines for any reason theft it is not f6asible to proceed with classing ori the A s semblaga caascaments, then, Buyer shall give Sellar writtar notice of l arminal ion as pnovided for herein, and Buycui shall tea enitilled la a refund of any and all earnest money deposils meic a Ica date. If Buyer is satisfied with thea projeel feasibility on or t afara the end cflthe 18 mianth pericad, Buyer shlala :inform Scillcr oft its intentions, in writing, and shall proccaad as set aul in Section I Herein below. The 18 month period rieafleaniad to Herein shall] riot begin la run until the last of thea aascaments listed in Bxhibit B arca under caor.itract to BuNaii. Onice this acacuiis, Buyer shall infarma Sellar ;in wr:il inig of I the beginning and ending c ates of I tI: a feas:it ility slue y period. 6. Closing, Thei closing aflthiis transacation (the "Closing") shall be helld with in (30) days after the end of tl: a f6asibiliIN study period. Buyer may extend the Clasing data t y Iwo (2) additional ?10 -day extensions by depositing an additional 11 1,0001 per 30 -day extensions, directly with Seller. All such depos its will be applied lo dt a Pur chase Price if l the Closing oacurs within the rnaNimurn (0 -day extension. Tl a Clasing shall] be held at the offices oflBoyr. cir & Spruill, LLA, A Itorneys art Lave, '3011 Bayatteville Slreaet, Suite 11900, Raleigh, North Carollir.ia, on al such others local ion oflBuNar's cho:icae will in Wake or Johnston Counties. 4 Poyner & Spruill, LLP, acting as Settlement Agent, shall hold in escrow all funds and documents presented to it at closing until all of the Assemblage Agreements have closed. In the event that any of the Assemblage Agreements do not close at no fault of the Buyer, Buyer, at its sole discretion, may close on any or all of the remaining Assemblage Agreements. In the event that Buyer chooses not to close on any or all of the remaining Assemblage Agreements not closed, all such remaining Assemblage Agreements shall be terminated and Buyer shall receive full refund of all deposits paid to date pursuant to the non -closing Assemblage Agreements. The easement rights shall be given to Buyer at the time of Closing. Seller hereby represents and warrants that on the date of Closing, the Real Property, except as provided herein, shall be unoccupied and free of any lease or other right of possession or claim of right of possession by any person or entity other than Buyer. 7. Title Conditions. Seller shall convey to Buyer the easements recordable by deed of easement for the purpose contained herein. 8. Seller's Warranty. Seller hereby warrants and represents to Buyer the following: 1. That Seller has not received any notice that the Real Property subject to Buyer' s easement rights is or will be subject to or affected by (a) any special assessments, whether presently a lien thereon, or (b) any condemnation or similar proceeding. 2. That there are no existing leases or agreements to lease regarding the Real Property. 3. To the best knowledge of Seller, that there does not exist on, under or about the Real Property any underground storage tanks, flammable, implosive, E eaxplos:iva or radioaciliva materials, soil or watcar pollution, hazardous wasla, toxic substances, on simillaai substantias or rnater:ials defined as hazaiccaus or toxic under slate or fledenal law, regulalioni or ard:inanaea, including, without limilatian, thea Compnahlensiuea Bnv:ircanmanlal Rasponsa Compensatkin Liability Acyl of 1980, as amiandad, 4 USC ' 9601, at scaq.; thea Hazardous Mal ariall s Transpari ation Acil, 451 USC ' 1802, el seq.; thea Rcisource Canservation and Reciavery Act, 4 USCI ' 69011, eat seaq. (laollciaNcly, "Hazardous Substances"); and thea ncaglulations ac optac pursuant th careto, and that Seller is not awarca ofltf. a transportal ion to or from thea Real Burlarty afl any such Hazau daus Substances. 4. That eaach oft thea fdrei€going raglnasanlat:ions and warranties is true as oft tha data hencacafI and will h a true and will ba naaiffirmed in wniting by Seller at thci chasing aria shall survive thea closing. 51. Remieadies. Sadler ackdow:lcac gas and aiglraes that in the caver.it of its btieacahl hereof Buycar's remed:ias shall ineludca, in additican to its others iaemedias availablI a at law or in equ:ily, speciifia pcarfarmanae and rcaasonahla attorney's feces. Because the liquidated damages pnov:idead to Sellar hlaaiainbe:low ane intended by Buycar and Salkir as s ubsl ituto Agcirfarmaainae by Buycar in aasea oft Buyer's matcanial bneaahl hareundan, Selllar agrees thal it shall not ba ent:illed to spacifhia performanco as a i eamedy under this A glraement. 10. LIQUIDATED DAMAGES. A.FTBR ENDEAMORIING TIO ESTIMATE WHAIT SEI LERI'S ACTUAL LOSS WCULD BE IN THE EVENT OR BUYER'S DEFAULT, AND AS A 6 MATERIAL INDUCEMENT'110 BUYER'S EXECUTION HBREOP, BUYIER AND SHLLHR AGREE THAT IT WC ULDI BE IMPRACTICAL AND BXTREMELYI DIIFAICULTI TO PLN A CTIUA L DAMAGES IN CASE CF BUYER'S D E IFA ULTI, THAT THE AMOUNT OP THH DIEBOSITI ANI;/OR DIEBOSITIS 19 A SUFFICIENT RBASONABLB ESTIMATE OB SUCH DAMAGES, AND THAT SELLER SHALL RETAIN SAID AMOUNT All LIQUIDATEDI DIAMAG ES A S ITS SC LIE REMBDYI AG AINST BUYER. FURTHERMORE, SEIJLB14 A G REQS TIHA Tl'WrBH A NY RELF-A SE TO SELLER OB SUCH DaEAOSITI, SELLIER SHALIL NO LIONC EIR HAVE A NY CA USB C F A CTION C R CHAIM A GA INST BUYER, ANE BU -ABR SHAUL E E FL: LILA RELIEASEDI FR OM A NY ACTION OA SBLELER AR ISING OUT OPI BUYER'S BREACH OF THIS A G RBBMEN T. THE F ARTIE IS FUIRTIHER A C REFI THAT THE DIEPO S IT IS A RE ASONABLE SUM CC NSIDE RING ALL C F THE CIRCUM STAN CIE S E XISTING AS OF TIHE DIA TE C P THIS A C RHEME NT. IN F LA CINIG THEIR INITILALS IN THE RESF ECTIVE F LACES PRC MID1E D BELO W, EA CH PAR TY SPECIF ICALLIY CC NFIRM S THE ACCURACYI OP THB STATEMENT MADE AHCVE AND UNDERSTANDS THE CONSEQUENCES OA THIS LIQUIDIATEDI DAMAGES PRCVISION. 11. SBI-1LER'S INria Aa ' ..'. E U YER'S IN IT L Notices to Partias. All notices to be delivarad hlaraundar sp Mail, cert ified, rielum recaipt raquastac, ar delivemad in person, a& ras del:ivarad by U.S. and to tl a attanl ion of the respactiva persons set farth below. Bacli sucfa noliice shall bei doomed dellivared on the first business daN follIowing its recaipt, refusal or attempted deLivary, as aippropriale, at the address of the party to be nal icac : ri As to ,l el l er: JI earrN W. A arri sh and Lisa B. Parrish 4141 El eau ation Road Bensan, NO 27-(14 (919: 201-0672 Home Clopy to: As to Buyu r DCII Environmental Teaahlnalagiies and Clonstruication, Inc. Landmark Center II 4601 Six Farks Road, Su:iIa 220 Ra:Ieaighl, NC 27609 Attention: loci Hfaifferi Capt' to: Aaynear & Spruill LIIP A ttorneys al Law 301 S. College 9treaeat, Suite 22100 Charlott ei, NC X1202-6031 Attention: Paul Arana 13. Force Maieuire. In the event either Flarly hleralo shall be calayead or hindeaied in or preavear ted f kom pearfarmanae of ariN act required heneunden by mason of s1 rile es, lockouts, in abil its 1 o praaurea labor an malarialls, fiiilure of Flower, restricative governmental laws on nagulatians, riots, insurnecation, war, fine, or others aasualty, or othler season oft a siimiilar on c issim:illar nature beyond th a i easonable control of the party delaNad in performing work or doing acts required under thea 1 erms of this Agreement (exclusive aft Seller's inability 10 obtain flee simpaa title to the Real Pnopera } ), then performance of suah acyl shall be excused ion the period of the delay, and tha period fkir the perf ormancea of anN such act shal l be ext ended flan the period equivall crit 1 o thea peri ad of such del ay. 13. IHIRP11A Hnovisions. Sallear agmes to comply with the pnaviis:ons of the Foreign Investors Real Aioparty Tai Acl (FIRPITA; . If Seller 1' ]s to comply with FIRHTA, Sallar hereby expiiess]N dineats and conseants to lha escrow agent withhcicing tcin percent (1(I°I) of the Burichase Brice oil the easement righl s f or farwarding to the Internal Revenue Servicae. No further instruation to I� the asarow aganl regarding this po:inl shall bei necassany. Seller also agraes to sign a Non -Foreign Parson PIRPTA Affidavit. 14. SeveraHiility. In the event any provision of this Agreemanl shlalll be del armined by a court of aompetenI jurisdiclion to t ci invalid or unenfloricciable, lha ramainder of the Agrcicimenl shlall nonathe:l ass rarr ain in full foraa and affect. 15. C avfmnim Lava. THis Agreemicint shall ba gavamac by and construed in aacordanae with the :laws ofttl a Stata of North Carolina. 16. Entira Agrmiment and Counterparts. This Agreemcnl conslitutas lhle anlire agraciment betvvieeni th a parl ies aanaarning tha purchase amid sala of tl: a aasament rights. E uyar and Salaar ackdowleid€lci that neitheri Has ralicid upon any representalion, warranty, ar promise axaept those expi assay : ncduc cic herain. This Agreamiant may not be amended or miodif iac axaept by written amiancmant Herela axaauted by an authorizac signalary of eadl party herieto. No waiver of any parry's rights herieunider sHa.11 be binding unless in wailing and axacuted byl an authonizad signatory fon the party to ba so t ound. Tha affactiva dale of this Agraament will ba th a c ate on wHich the oast Assembleiga Agreemanl is fully) and duly exeaulad. 17. Bin din g Effecd . A 11 aov ar.iants, agreements arc warrant ies herain shall be t iindir. €I upon and inure lo the banafit of the particis hareto anc their resplaet:iva Heirs, exeaul ors, aclmiinistnators, peuisonial and/or lagal raptasarilativcis, successors, and assigns. 18. Execution oft OtHer Documents. Sellar and Buyleii Hereby agrcici to aiat diligently upon aricbor sign whatever cociurrants are nacessary to efllecl the purposes of this Agnecirnent. 9 19. Conditions. The property must be in substantially the same or better condition at closing as on the date of this Offer save and except the following: 1.) Purchase price to be adjusted to represent the actual amount of acreage- encumbered, creage encumbered, as determined by Buyer at Buyer is looking to acquire approximately 3.5 acres for restoration. The exact boundaries will be determined after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 2.) Seller shall grant Buyer an easement for ingress and egress from the nearest public thoroughfare as necessary to facilitate restoration of project, and in a location and route and upon such terms, as may be satisfactory to Buyer and Seller. 3.) Buyer needs 50-100 feet measured from the top of bank on each side of the channel for stream restoration on the property. 4.) Buyer will repair damage to fields and roads caused by construction activities by grading, seeding (grass) and fertilizing damaged areas as each portion of the project is completed. 5.) The exact boundaries will be determined by Buyer after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 20. Memorandum of Contract. Seller and Buyer shall enter into a memorandum of this Agreement in form satisfactory to Buyer, and shall record such memorandum in the Johnston 10 County Register of Deeds. Seller shall take no action to terminate, abrogate, release or amend the Memorandum without the prior express written consent of Buyer. IN WITNESS W11BRECF, Buyem and Sellem have cmieiouted this Agraement through their duly authoriiaeid signatorias and wheim appnopniale have affixed 1hair respeaitive corporalle seials Eculato. � r JCCRTMATE SEAL] A TEESTED ]BY: BUMERI: Seco atary NCI Envinon nye I and Construrtioni, 12 Technologies Exhibit A -- Description of Property The subject property occupies more or less 3.5 acres in Johnston County, NC. A yellow outlined area as shown on the enclosed aerial photograph denotes the subject site and is graphically depicted on the attached exhibit A (See attachment). These boundaries approximately described without the aid of field survey, the actual description of which and field limits will be determined at the conclusion of the feasibility study. 13 f• _ �f• Y yr �4 l ;• _ � , � y �. 4 - F +� . T y.: iy, 1 � � �+•.r�,-r�i�S'Q y, -rp �.'� �r - •... • .s a. !� * �� -` 1 •�.• ' -0�nL)PitA0 Lc O:k.- (0)lk hib31a ff u rVuJ Parrish Site - Johnston County, 01 • • • • - - 1 11 1 1 11 1 � Filed in JOHN:1IM OOUNTY, NC CRAIG OLIVE, Register of Deeds Ri lec Iel/A'11 Pi 5 0] :33:0f1 RM DEOO OOCIK : 4EII41 PAGE : 143 INS111IL MON II it 2EI154 6SI-AZIG Real Ostate Oxcii<_ic Tax 9IGA10 Depluty/Flssiisitart Flegisiteir ciif Oeudsi ,jraciine Memalramdum at Ur trach Io Hurchalse Real Estate Pnerlaned bl d rcitwn Io: lasuph P. Pfaidlfer, Jr., ICI Bnivinonnnenital Tac hnialagicis and C anslrucilicmi Iruc., 46CI11 ,Iia FarA9 Now, Suite 2.ela, Ulric rriank Celnlcir 1I, RlaleiMh, NC 316C191. William R. Medlin 2midl Ilanicd G. Medlin, Jr. (1callealiv03� and seuemallly, "9eiller"), wliase ac dress is 34091 avid 3401 llecenal Rkiac Benson, NC 375(14, and KCI Eniminanmental Technologies air.idl Clanstrucitian, lnic. a Delaware corporal ion II"Purehaisen";, whasa adc ness is 4( CI 11 Six Funks Rcad, 9wite 2210, Ilanidmark Cclnnlen lI, Rlaleigfl, NC ,1'36(19, have) oritelred inola a coniii Io sale) arid lllurchalsel BaisclnTienit Rlestficlians cm the feillawinig pnaperly local ed ini Jalhnstaln Caunly, Nant11 Cainolina: PIIN numbein 16410(1-17-22197. Wilneiss aun h anids alnid scials tb is .24 daiy of Q, bc&- , .1Z Ks. Willilam R. Medlin 0-e�' � Dairuel CI. N ec lin, n. STATE C IF AaIA1/ C CIUNTY OF I, the unidarsigned, a NalarN Public of tha Counrly avid Stade afarnesaid, ca helrelb}j ciartify lhat William R. Medlin and Daniel G. Medlin, Jr. parsanally alppelarcid befane me this daffy and aaknawlec Bed Ilia du a axacuitiari of the farelgaing instslument. Wilr ass my Nand avid official seal this the 24 c aN of / e, A et '3015. ate" fa6jA� llhlirirteld namerJXg-&tw F. 5>rA6 , Noil aiiy Put Iiia (Cffic icil Serail) My aomrrlissioni empires: &UMbEA, � 70/6 ftavo OFFER TO PURCHASE EASEMENT RESTRICTIONS THIS OFFER TO PURCHASE EASEMENT AGREEMENT (hereinafter "Agreement") is entered into this 23`d day of October 2015, between William R. Medlin and Daniel G. Medlin, Jr. (hereinafter "Seller"), and KCI Environmental Technologies and Construction, Inc., a Delaware corporation with its principal place of business in Wake County, North Carolina (hereinafter 'Buyer"), and its assigns. WITNESSETH: WHEREAS, Federal and state regulations require the restoration, creation and/or enhancement of streams, wetlands and riparian buffers to compensate for unavoidable impacts to wetland ecosystems (hereinafter "Compensatory Mitigation"); and WHEREAS, Compensatory Mitigation may be developed by restoring, creating and/or enhancing stream, wetlands and riparian buffers on an approved site (hereinafter `Bank") and purchased to compensate for unavoidable impacts, subject to certain restrictions and obligations (hereinafter "Compensatory Mitigation Credits"); and WHEREAS, the North Carolina Department of Environment and Natural Resources Division of Mitigation Services, (hereinafter "Creditors") have identified the need for Compensatory Mitigation Credits in the Neuse River Basin; and WHEREAS, Buyer intends to develop Compensatory Mitigation Credits in the Neuse River Basin, and desires to enter into an agreement with the Seller to obtain easement rights over the property or portion thereof, referenced in Exhibit A (hereinafter the "Property"), for this purpose; and WHEREAS, Buyer has appraised the property and offers to the Seller a fair and equitable settlement for the encumbrances to be placed on the property; and WHEREAS, Seller either jointly or individually own or have an option to purchase the properties shown in exhibit A, recognize the intent and agree to transfer the usage rights by recordation of a conservation easement in perpetuity for this purpose, by execution of this agreement, subject to the terms and conditions contained herein: NOW, THEREFORE, in consideration for the use of the premises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Property. Upon the terms and conditions herein contained, Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, conservation easement rights similar to those described in the Sample Easement attached hereto as Addendum A, over that certain real property (the "Real Property") situated in Johnston County, North Carolina, jointly containing approximately 0.5 acres that is described in Exhibit A, attached hereto incorporated herein by reference, together with an easement for ingress and egress to the public thoroughfares nearest the Real Property, in a location and route and upon such terms, as may be satisfactory to both Buyer and Seller. Seller represents and warrants that it is now either lawfully seized of the Real Property in fee simple absolute or has a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property, and throughout the term of this Agreement, Seller shall be either lawfully seized of the Real Property in fee simple absolute or shall have a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property. 2. Purchase Price. The purchase price for the casement rights is based on for a total of the "Purchase Price"), payable on the day of the closing as hereinafter described (See conditions t9:1). 3. Terms of Payment. Buyer shall pay Seller the Purchase Price as follows: a. The sum of One Thousand and 001100 ($1.,000.00) Earnest Money deposit by check, bank check, or certified check to be deposited and held in escrow by POYNER & SPRUILL, LLP, as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated. In the event: (1) this offer is not accepted, or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by the Escrow Agent, such Escrow agent shall retain said earnest money in the broker's trust 2 or escariow aaaouw until a written release from the part;icis acansenting la its disposition has baen obtaiincid or until disbursement is ordercid bN a court of aompatani jurisdicl ion. I . Bluycir shall paaN lo Sell en thea Purchase 13riaei at thea closing. Any earnest money deposits (including any :nlanest ciarned 1Iharcion; shall tci credited la the Purchase NIcia. ;including: C1. Buyan shlal pay all alosing costs incurred in thea purahasa of Iha property 1) All ofl sellers cllasing costs, 2) deck sl amps and rciconding fleas �) scil lers attorney foes (not 1 ci exccad $500,. 4. Assemblage Agreemcnb1. The parties ackdawlcidgci that this Agraament remains aor.itingent upon acociplance of tha AssambIage aasoments by the rciviiawing Clrckitors ]o pra`iikci aompensatoi y strciam and wet] and rnitigatian. A 1 earmination, fkm ari3l reason wHal socavar, of any afIth ea Assarrblage Agreements shall, at tha sole discretion of Buyer and upon wnitlen notica to Sellar, of l ecl the termination of all rarnaining Assemblage A greemcini s. M the event ofl a 1 erminal ion fon any raasan other than Huycar's k afault, Buyear shall be entitled to a full] rcifund of anN and all dapasills made t o data on each A ssemt 11 age A greemeanl . A aapy cafl the JloHnstan County aerial map HigHlighlting th o Assemt llage easemionts la t a acquired is attached herell a as Exhib:ii A and incorponatck Herein by neflercanaa. 5. lReasiblility Stud v. Buyer shall kva 18 months la conduct a faasibi:liiy study upan aaaeptanca of the Ofller 1c daterrnina if the Assemblage easemeants are suillaable for Clompar.isalary Mitigation purposes. Buyer's feasibility study may include, but is not limillad to, thea following: 3 s i I a and cons I ructioni pl annii ng; I engineering (i.ci., grading, hydrelogN/ hydnau:lias and storm drainage); ?I. soil, rook and 1 opognaphy studios; 4. environmental audil; `. utility aanstrainls; and E. cred:iIoracaaptanca. IfBuyer, in its sole discretion, c citermincis f or ainy rciascm th at i1 is not faasible la plraee(id with alosimg on th a Assembllage ciasements, than, Buyar shall) g:iva Selllar writlan not ice of lermination as pinovided for heirain, and Buyer shlal:l ba entitlad to a rafunc of any and all earnest rranq deposits rude la data. If E uycw is satisfiac with thea projeal faasibililN on on bafora tl a and of tha 18 mionlll parioc , BuNcui shad inform Selllar ofl:il s intanl ionis, in writir.ig, and sllala proccied as sort out in Sacl ions 7 1kniain beaow. Thu 18 rrionth parioc rafenied to heroin shall not bagiir.i to ruin unlil tha last of tla easements listec in Exhibit E ana undan conitmal to Buyer. Onaa this occurs, Buyer shall) inform Selleri in writing of the t aglinning and ending datas of the faasibi.lily study period. 6. Closing. THe chasing of this transaction 11th e X losing") shall bei hold within (30) days aflter tha and of Ithe feasibillity sludy period. Buyer maN extend the Closing data by two (2) ac c itiianal 30 -dal axl ensions by dapositing an addil ional $1,000 pail ?IO -day axianis;ian, direictlly with 'Salkni. All such deposits will bei applied to the Aurahase Arica ;ifltl a Chasing ocaw s within th a maximum 60 -day extension. The Closing shall be held at thea offices oflPoyner & Spruill, LL IP, Attorneys at Law, 301 Payetlavilla Streel, Suite 1900, Ralcighl, North Carolina, or at such) othar location of Buyer's cihloiee within i WA or JoHnsiton Clountias. 4 Poyner & Spruill, LLP, acting as Settlement Agent, shall hold in escrow all funds and documents presented to it at closing until all of the Assemblage Agreements have closed. In the event that any of the Assemblage Agreements do not close at no fault of the Buyer, Buyer, at its sole discretion, may close on any or all of the remaining Assemblage Agreements. In the event that Buyer chooses not to close on any or all of the remaining Assemblage Agreements not closed, all such remaining Assemblage Agreements shall be terminated and Buyer shall receive full refund of all deposits paid to date pursuant to the non -closing Assemblage Agreements. The easement rights shall be given to Buyer at the time of Closing. Seller hereby represents and warrants that on the date of Closing, the Real Property, except as provided herein, shall be unoccupied and free of any lease or other right of possession or claim of right of possession by any person or entity other than Buyer. 7. Title Conditions. Seller shall convey to Buyer the easements recordable by deed of easement for the purpose contained herein. S. Seller's Warranty. Seller hereby warrants and represents to Buyer the following: 1. That Seller has not received any notice that the Real Property subject to Buyer' s easement rights is or will be subject to or affected by (a) any special assessments, whether presently a lien thereon, or (b) any condemnation or similar proceeding. 2. That there are no existing leases or agreements to lease regarding the Real Property. 3. To the best knowledge of Seller, that there does not exist on, under or about the Real Property any underground storage tanks, flammable, implosive, 5 campllasive or radiaaat:ivca malariials, soil or waters pollution, hazairc ous waste, laxica substances, ar similar substances or malcmiaas dafinad as hazardous or Icimia under state cir faderall law, iiegulalion or ordinance, including, without limilation, the Camiplrcahans:ivca Environmental Response Camipansation Iliability Act of 1980, as amancad, 4 USC ' 9601, et seq.; the Hazardaus Mailcarials Transportalion Act, 49 USC ' 11802, at seaq.; the Resource Conservatian and Recovery Act, 4 USC ' 6901, et seq. I1aalleativelIN, "Hazardous Sut stanaas "); and thea rcagul ations adopted pursuant tharato, and that Saller is not awarca of thea transportation to or frame the Reall Braplearty of any such Hazardous Sut stanaeas. 4. That aacbl of the foregoing rapreasenlations and warranties is true as of the data blereof and will ba true and w:i]] ba ncaaffirmed in writing by Seller at tha chasing and shall survive lha alos.ing. 9. Rumeadieas. Seller ackrlowlcadgcas and agrcaes that in the evcant of its breach hereof Buyer's ramed:icas shall inclludca, in addition to its other remcadicas availaNa at law on in equity, speciifia parformancae and reasanatla attorney's foes. Bacause the Fquidaaled carriages plrovidac to Seaham hcarcainbe:low ane intended by Buyar and Sellar as s ubstitul ea parfarmariae by Buyar in aasea aft Buyer's maternal breachl hlareundaii, Seller agrees that it shall noi1 ba ent:illed to spaciflia parformanca as a ramedy L ndc it this A grcaement . M. Ll QUIDA TED DAMAGES. AFI HR END HA MOMING TO ESTIMATE WHAT SEALER'S ACTUAL LC SS WC ULD BE IN THB BVIENT OB BUYER'S DIEF AU LT, AND ASA on MATERIAL INDUCEMENT TO BUYER'S EXECUTION HEREOF, BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES IN CASE OF BUYER'S DEFAULT, THAT THE AMOUNT OF THE DEPOSIT AND/OR DEPOSITS IS A SUFFICIENT REASONABLE ESTIMATE OF SUCH DAMAGES, AND THAT SELLER SHALL RETAIN SAID AMOUNT AS LIQUIDATED DAMAGES AS ITS SOLE REMEDY AGAINST BUYER. FURTHERMORE, SELLER AGREES THAT WITH ANY RELEASE TO SELLER OF SUCH DEPOSIT, SELLER SHALL NO LONGER HAVE ANY CAUSE OF ACTION OR CLAIM AGAINST BUYER, AND BUYER SHALL BE FULLY RELEASED FROM ANY ACTION OF SELLER ARISING OUT OF BUYER'S BREACH OF THIS AGREEMENT. THE PARTIES FURTHER AGREE THAT THE DEPOSIT IS A REASONABLE SUM CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT. IN PLACING THEIR INITIALS IN THE RESPECTIVE PLACES PROVIDED BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENT MADE ABOVE AND UNDERSTANDS THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. SELLER'S INITIALS:/Lf BUYER'S INITIALS 11. Notices to Parties. All notices to be delivered delivered by U.S. Mail, certified, return receipt requested, or delivered in person, addressLvd as and to the attention of the respective persons set forth below. Each such notice shall be deemed delivered on the first business day following its receipt, refusal or attempted delivery, as appropriate, at the address of the party to be noticed: 7 As to Sellar: William R. Madlin PC Box 29f 3409 Bederal Road Hem son, NC 37504 (1919) 868-2316 Ce11 (919) 894-2749 Work Copy 10: Daniial G. Mck ]in, Jr. PC Box 426 2407 Fedural Road Banson, NC 217_` 04 (9151) 8(fl-5255 Cell As to Buyar: KCI Enivironmantall Teahnollagias and Conslrualion, Ina. Landmark Carter 11 4601 Sinai Forlds Road, Suite 220 Ralaighl, NC 27609 AItentian: Jlcia R&iffer Clapy to: Aayncm & Spruill) LLP Attorneys w Um 301 S. Clo:llage Straat, Su:ile 21 100 Charlotle, NC 38202-60211 A ttenil i on: Paull A.rana 12. Forue Ma*eure. In tha event aither Marty heralo shall be ceilayac on hinderad in or prevented from parfarmanae of anN acct required hereunder by reason of s1 rik es, loakaul s, inal ilii y to prociura labor or materials, fiiilure of power, nestr:iative governmental lavas or regulations, riots, in surnecition, wan, fire, or other aasualty, an other reason of a similar or c issimilar nature beyond the reasonable control of the party de:laNed in Ilemfarmiing work) or doing acts raquired unc or the tcmms oft this Agreemanl (exc:lusive oft Sellar's inability 10 obtain ftiei simples title to the Real Araflarty), then performanca of sucdI act shall to excused fbn tha period aft the delay, and 1ha periad fon the performances of any sucH act shall ba axtended far tha period equivalent to lhei flariod oft such delay. 8 13. IIRP11A Provisions. Seller aagreaes to comply with thea prav:isions oft the Boraign Invesl ors Rcial Brallcirty Taxi Acil (FIRBTA). If Se1;Icm fails 1a comply with BIRATIA, Saller Hareby expressly direals and consants to lhca escrowi agent withh ollc ing ten plaraent (I 10%) of the Purchase Brice of the easemanl right s f br fkarwarding to the Internal Ravenue Serviea. No fdrth er instrucation to thea escarow agent regarding 1His paint shlall ba necessary. Seller ailso agtiees ila s;i€ln a Non -Foreign Beirson BIRMA Affidav:i1. 14. Suvonabilit. In tha cry ani an31 provision of this Agream cant shall ba c atermiinad 11 y a eaurt of t compel) ant j uri sdi at i on to be invalid or unanfaraeabla, the t emainc ar aftha tha A greement shaala nonetheless rama:in in WA fbtace and effaat. 15. Governing Law. 'Ehi s A €lrcaamenit shale be governed b31 ar.ic aor.istru cad in accordancca with the laws afI the State afI North C analina. 16. Entire Agreement and Countfinyants. This A €traament constitutes tha entire agnaemanl bel wean the partias concerning the purchase and sale eft the eaisemiant rigl:lls. Buyer and Selleti acknowledge that neithar has riellied upon aan31 raptascanlaticm, warranly, or promise oxciapt those axipnessly inic:luded heriein. This A giieemanl tray nal I ca aamended or madified except by wtaitl eni amendment hanato exeaulad by an authorized signatory) of each pariN hareto. No waiver of any party's rights haraundcui shall ba binding unless in writing and axiaauted by an authorizcc signatory) for thca pari 31 l a be sa bounc . Tha afflcacativa dates oft this Agneemiarit will ba t , a date on which the last Assemblage Agraament is fully and duly executad. 17. Binding Effect. All covenants, agreements and warranties herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal and/or legal representatives, successors, and assigns. 18. Execution of Other Documents. Seller and Buyer hereby agree to act diligently upon and/or sign whatever documents are necessary to effect the purposes of this Agreement. 19. Conditions. The property must be in substantially the same or better condition at closing as on the date of this Offer save and except the following: 1.) Purchase price to be adjusted to represent the actual amount of acreage encumbered, as determined by Buyer at $16,500/acre. Buyer is looking to acquire approximately 0.5 acres for restoration. The exact boundaries will be determined after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. However, if the acreage purchased is less than 0.5 acres Buyer will pay no less than a minimum price of -to Seller. 2.) Seller shall grant Buyer an easement for ingress and egress from the nearest public thoroughfare as necessary to facilitate restoration of project, and in a location and route and upon such terms, as may be satisfactory to Buyer and Seller. 3.) Buyer needs 50-100 feet measured from the top of bank on each side of the channel for stream restoration on the property. E 4.) Buyer will rcapair damage to fields and roads caused by acanstruction aativiI ies bN grading, scaading (JElrass) and f6viFaing damaged areas as eaach partion of tl a prcajact is comp:lated. 20. Mcff oz and um oil Contract. Selleir ar.ic Buyer shla:lI enter int o a memarandum of this Agneament in farm saCsflaclary la Buyer, and shall record suah memanandum in the JoHmiton CauniN Register oflLleaads. Sell ler sHall takes no acation 10 tcarminatca, aabrogale, re:leaasa or amend the Mcamiorancumi without thea prior eamipress wn;ilten cionscinl oil Buyer. 11 IN WrHNESS WIHERIECF, Buycm and Seillcm have exeauled this Agraement tWough theiir duly aulhorized signatories and whera appropiiiala have affixed tf air rcispacrtivo carporale seals hereta. IICC RNC RATE SEAL] AT'IIESTHID B Y: SELLER. HUYEM: Searcitary KCI Erivi and C tons 12 I: echrlologlicis ■ Exhibit A — Description of Property The subject property occupies more or less 0.5 acres in Johnston County, NC. A yellow outlined area as shown on the enclosed aerial photograph denotes the subject site and is graphically depicted on the attached exhibit A (See attachment). These boundaries approximately described without the aid of field survey, the actual description of which and field limits will be determined at the conclusion of the feasibility study. 13 ot Al {rAll �ti > � t _ � r 10 Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/26/2015 0:54:37 AM OEEO BOOK: 4674 PAGE: 75 INSTRUMENT ## 2ot5469755 Real Estate Excise Tax +$0-00 Deputy/Assistant Register of Deeds pw4odali Memorandum of Contract to Purchase Real Estate Prepared by / return to: Joseph F. Pfeiffer, Jr., KCI Environmental Technologies and Construction Inc., 4601 Six Forks Road, Suite 220, Landmark Center II, Raleigh, NC 27609, Rebecca C. Clifton (collectively and severally, "Scller`�, whose address is 3517 Elevation Road Benson, NC 27504, and KCI Environmental Technologies and Construction, Inc. a Delaware corporation ("Purchaser"), whose address is 4601 Six Forks Road, Suite 220, landmark Center 11, Raleigh, NC 27649, have entered into a contract to sale and purchase Easement Restrictions on the following property located in Johnston County, North Carolina: PIN number 164104-39-8527. Witness our hands and seals this day of f Rebecca o - STATE OF A10A A 64OW r�A COUNTY OF jWWSY0i 1, the undersigned, a Notary public of the County and State aforesaid, da hereby certify that Rebecca. C. Clifton personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the day of _f aYa k-tL , 2015. printed Notary Public (Official Seal) My commission expires: ,cjnbre. &-&4/4r 0 OFFER TO PURCHASE EASEMENT RESTRICTIONS THIS OFFER TO PURCHASE EASEMENT AGREEMENT (hereinafter "Agreement") is entered into this 22"' day of October 2015, between Rebecca C. Clifton (hereinafter "Seller"), and KCI Environmental Technologies and Construction, Inc., a Delaware corporation with its principal place of business in Wale County, North Carolina (hereinafter "Buyer"), and its assigns. WITNESSETH: WHEREAS, Federal and state regulations require the restoration, creation and/or enhancement of streams, wetlands and riparian buffers to compensate for unavoidable impacts to wetland ecosystems (hereinafter "Compensatory Mitigation"); and WHEREAS, Compensatory Mitigation may be developed by restoring, creating and/or enhancing stream, wetlands and riparian buffers on an approved site (hereinafter "Bank") and purchased to compensate for unavoidable impacts, subject to certain restrictions and obligations (hereinafter "Compensatory Mitigation Credits"); and WHEREAS, the North Carolina Department of Environment and Natural Resources Division of Mitigation Services, (hereinafter "Creditors") have identified the need for Compensatory Mitigation Credits in the Neuse River Basin; and WHEREAS, Buyer intends to develop Compensatory Mitigation Credits in the Neuse River Basin, and desires to enter into an agreement with the Seller to obtain easement rights over the property or portion thereof, referenced in Exhibit A (hereinafter the "'Property"), for this purpose; and WHEREAS, Buyer has appraised tate property and offers to the Seller a fair and equitable settlement for the encumbrances to be placed on the property; and WHEREAS, Seller either jointly or individually own or have an option to purchase the properties shown in exhibit A, recognize the intent and agree to transfer the usage rights by recordation of a conservation easement in perpetuity for this purpose, by execution of this agreement, subject to the terms and conditions contained herein - NOW, THEREFORE, in consideration for the use of the premises herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Property. Upon the terms and conditions herein contained, Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, conservation easement rights similar to those described in the Sample Easement attached hereto as Addendum A, over that certain real property (the "Real. Property") situated in JohnstonCounty, North Carolina, jointly containing approximately 1.7 acres that is described in Exhibit A, attached hereto incorporated herein by reference, together with an easement for ingress and egress to the public thoroughfares nearest the Deal Property, in a location and route and upon such terms, as may be satisfactory to both Buyer and Seller. Seller represents and warrants that it is now either lawfully seized of the Real Property in fee simple .absolute or has a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Real Property, and throughout the term of this Agreement, Seller shall be either lawfully seized of the Real Property in fee simple absolute or shall have a binding and enforceable option to purchase the Real Property from the owner of fee simple title to the Deal Property. 2. Purchase Prue. The purchase price for the easement rights is based o (the "Purchase Price"), payable on the day of the closing as hereinafter described (See conditions 19:1)_ 3. Terms of Payment. Buyer shall pay Seller the Purchase Price as fellows: a. The sum of One Thousand and 001100 ($1,000.00) Earnest Money deposit by check, bank check. or certified check to be deposited and held in escrow by POYNER & SPRUILL, LLP, as escrow agent, until the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated.. In the event: ( 1) this offer is not accepted; or (2) any of the conditions hereto are not satisfied, then all earnest monies shall be returned to Buyer. In the event of a dispute between Seller and Buyer over the return or forfeiture of earnest money held in escrow by the Escrow Agent, such Escrow agent shall retain said earnest money in the broker's trust or escrow account until a written release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of competent jurisdiction. 2 b. Buyer shall pay to Seller the Purchase Price at the closing. Any earnest money deposits (including any interest earned therm) shall be credited to the Purchase Price. including: C. Buyer shall pay all closing costs incurred in the purchase of the property 1) All of sellers closing costs, 2) deed stamps and recording fees 3) sellers attorney fees (not to exceed $500). 4. Assemblage Agreements. The parties acknowledge that this Agreement remains contingent upon acceptance of the Assemblage easements by the reviewing Creditors to provide compensatory stream and wetland mitigation. A termination, for any reason whatsoever, of any of the Assemblage Agreements shall, at the sole discretion of Buyer and upon written notice to Seller, effect the termination of all remaining Assemblage Agreements. In the event of a termination for any reason other than Buyer's default, Buyer shall be entitled to a full refund of any and all deposits made to date on each Assemblage Agreement. A copy of the Johnston County aerial map highlighting the Assemblage easements to be acquired is attached hereto as Exhibit A and incorporated herein by reference. 5. Feasibility Study. Buyer shall have 18 months to conduct a feasibility study upon acceptance of the Offer to determine if the Assemblage easements are suitable for Compensatory Mitigation purposes. Buyer's feasibility study may include, but is not limited to, the following. 1. site and construction planning, 2. engineering (i.e., grading, hydrology/ hydraulics and storm drainage); 3 3. soil, rock and topography studies; 4. environmental audit;. 5. utility constraints; and 6. creditor acceptance. If Buyer, in its sole discretion, determines for any reason that it is not feasible to proceed with closing on the Assemblage easements, then, Buyer shall give Seller written notice of termination as provided for herein, and Buyer shall be entitled to a refund of any and all earnest money deposits made to date. If Buyer is satisfied with the project feasibility on or before the end of the 18 month period, Buyer shall :inform Seller of its intentions, in writing, and shall proceed as set out in Section 7 herein below. The 18 month period referred to herein shall not begirt to run until the last of the easements listed in Exhibit B are under contract to Buyer. Once this occurs, Buyer shall inform Seller in writing of the beginning and ending dates of the feasibility study period. 6. Closine. The closing of this transaction (the "Closing") shall be held within (30) days after the end of the feasibility study period. Buyer may extend the Closing date by two (2) additional 30 -day extensions by depositing an additional $1,000 per 30 -day extension, directly with Seller. All such deposits will be applied to the Purchase Price if the Closing occurs within the maximum 60 -day extension. The Closing shall be held at the offices of Poyner & Spruill, LLP, Attorneys at Later, 301 Fayetteville Street, Suite 1900, Raleigh, North Carolina, or atsuch other location of Buyer's choice within Wake or Johnston Counties. Poyner & Spruill, LLP, acting as Settlement Agent, shall hold in escrow all funds and documents presented to it at closing until all of the .Assemblage Agreements have closed. In the event that any of the Assemblage Agreements do not close at no fault of the Buyer, Buyer, at its sale I discretion, may close on any or all of the remaining Assemblage Agreements. In the event that Buyer chooses not to close on any or all of the remaining Assemblage Agreements not closed, all such remaining Assemblage Agreements shall be terminated and Buyer shall receive full refund of all deposits paid to date pursuant to the non. -closing Assemblage Agreements. The easement rights shall be given to Buyer at the time of Closing. Seller hereby represents and warrants that on the date of Closing, the Real Property, except as provided herein, shall be unoccupied and free of any lease or other right of possession or claire of right of possession by any person or entity other than Buyer. 7. Title Conditions. Seller shall convey to Buyer the easements recordable by deed of easement for the purpose contained herein. $. Seller's Warranty. Seller hereby warrants and represents to Buyer the following: That Seller has not received any notice that the Real Property subject to Buyer-' s easement rights is or will be subject to or affected by (a) any special assessments, whether presently a lien thereon, or (b) any condemnation or sirniW proceeding. 2. That there are no existing leases or agreements to lease regarding the Real Property. 3. To the best knowledge of Seller, that there does not exist on, under or about the Deal Property any underground storage tanks, flammable, implosive, explosive or radioactive materials, soil or water pollution, hazardous waste, toxic substances, or similar substances or materials defined as hazardous or toxic under state or federal law, regulation or ordinance, including, without 5 limitation, the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 4 USC ' 9601, et seq.= the Hazardous Materials Transportation Act, 49 USC ' 1802, et seq.; the Resource Conservation and Recovery Act, 4 USC ' 6901, et seq. (collectively, "Hazardous Substances"); and the regulations adopted pursuant thereto, and that Seller is not aware of the transportation to or from the Real Property of any such Hazardous Substances. 4. That each of the foregoing representations and warranties is true as of the date hereof and will be true and will be reaffirmed in writing by Seller at the closing and shall survive the closing. 9. Remedies. Seller acknowledges and agrees that in the event of its breach hereof, Buyer's remedies shall include, in addition to its other remedies available at law or in equity, specific performance and reasonable attorney's fees. Because the liquidated damages provided to Seller hereinbelow are intended by Buyer and Seller as substitute performance by Buyer in case of Buyer's material breach hereunder, Seller agrees that it shall not be entitled to specific performance as a remedy under this agreement. 10. LIOUTDATED DAMAGES. AFTER ENDEAVORING TO ESTIMATE WHAT SELLER'S ACTUAL LOSS WOULD BE IN THE EVENT OF BUYER'S DEFAULT, AND AS A MATERIAL INDUCEMENT TO BUYER'S EXECUTIONT HEREOF, BUYER .AND SELLER AGREE THAT ff 'WOULD BE IMPRA,CTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES IN CASE OF BUYER'S DEFAULT, THAT THE AMOUNT OF THE 0 DEPOSIT AND/OR DEPOSITS IS A SUFFICIENT REASONABLE ESTIMATE OF SUCH DAMAGES, AND THAT SELLER SHALL RETAIN SAID AMOUNT AS LIQUIDATED DAMAGES AS ITS SOLE REMEDY AGAINST BUYER. FURTL EERMORE, SELLER .AGREES THAT WITH ANY RELEASE TO SELLER OF SUCH DEPOSIT, SELLER SHALL NO LONGER HAVE ANY CAUSE OF ACTION OR CLAIM AGAINST BUYER, AND BUYER SHALL BE FULLY RELEASED FROM ANY ACTION OF SELLER ARISING OUT OF BUYER's BREACH 7:1014ofC&V;11111709113l-21."' am_Ii.0ll0:! *1102611ftsI►1 REASONABLE SUM CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT. IN PLACING THEIR INITIALS IN THE RESPECTIVE PLACES PROVIDED BELOW, EACH PARTY SPECIFICALLY CONFIRMS THEACCURACY OF THE STATEMENT MADE ABOVE AND UNDERSTANDS THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. SELLER'S INITIALS: BUYER'S INTTLM-S: 11. Notices to Parties. All notices to be delivered hereunder##be delivered by U.S. Mail, certified, return receipt requested, or delivered in person, addressed as and to the attention of the respective persorus set forth below. Each such notice shall be deemed delivered on the first business clay fallowing its receipt, refusal or attempted delivery, as appropriate, at the address of the party to be noticed: As to Seiler: Rebecca Critcher Clifton 3517 Elevation Road Benson, NC 27504 (919) 894-2471 Horne 7 Copy to: Daniel Clifton 151 Critcher Farm Lane Benson, NC 27504 (919) 989-5177 Werk As to Buyer: KCI Environmental Technologies and Construction, Inc_ Landmark Center H 4601 Six Forks Road, Suite 220 Raleigh, NC 27609 Attention: Joe Pfeiffer Copy to: Poyner & Spruill LLP Attorneys at Law 301 S, College Street, Suite 2300 Charlotte, NC 28202-6021 Attention: Paul Arena 12. Force Mar eure. In the event either party hereto shall be delayed or hindered in or prevented from performance of any act required hereunder by reason of strikes, lockouts, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, fire, or other casualty, or Cather reason of a similar or dissimilar nature beyond the reasonable control of the party delayed in perforating work or doing acts required under the terms of this Agreement (exclusive of Seller's inability to obtain fee simple title to the Real Property), then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for the period equivalent to the period of such delay. 13, FIRPT A Provisions. Seller agrees to comply with the provisions of the Foreign Investors Real Property Tax Act (FW'TA). If Seller fails to comply with FIRPTA, Seller hereby expressly directs and consents to the escrow agent withholding ten percent (10%) of the Purchase Price of the easement rights for forwarding to the Internal Revenue Service. No further instruction to 8 the escrow agent regarding this point shall be necessary. Seller also agrees to sign a Non -Foreign Person FIRPTA Affidavit. 14. Severability. In the event any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall nonetheless remain in full force and effect. 15. Governing Law. This Agreement shall be governed by and constnied in accordance with the laws of the State of North Carolina. 16. Entire Aereernent and Counterparts. This Agreernent constitutes the entire agreement between the. parties concerning the purchase and sale of the easement rights. Buyer and Seller acknowledge that neither has relied upon any representation, warranty, or promise except those expressly included herein. This Agreement may not be amended or modified except by written amendment hereto executed by an authorized signatory of each party hereto. No waiver of any party's rights hereunder shall be binding unless in writing and executed by an authorized signatory for the party to be so bound. The effective date of this Agreement will be the date on which the last Assemblage Agreement is fully and duly executed. 17. Binding Effect. All covenants„ agreements and warranties herein shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal and/or legal representatives, successors, and assigns. I& Execution of Other Documents. Seller and Buyer hereby agree to act diligently upon and/or sign whatever documents are necessary to effect the purposes of this Agreement.. 9 19. Conditions. The property must be in substantially the same or better condition at closing as on the date of this Offer save and except the following: 1.) Purchase price to be adjusted to represent the actual amount of acreage encumbered, as determined by Buyer a Buyer is looking to acquire approximately 1.7 acres for restoration. The exact boundaries will be determined after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 2.) Seller shall grant Buyer an easement for ingress and egress from the nearest public thoroughfare as necessary to facilitate restoration of project, and in a location and route and upon such terms, as may be satisfactory to Buyer and Seller. 3.) Buyer needs 50-100 feet measured from the top of bank on each side of the channel for stream restoration on the property. 4.) Buyer will repair damage to fields and roads caused by construction activities by grading, seeding; (grass) and fertilizing damaged areas as each portion of the project is completed. 5.) The exact boundaries will be determined by Buyer after the feasibility study is completed, at which time the acreage and final purchase price will be adjusted. 20. Memorandum of Contract. Seller and Buyer shall enter into a memorandum of this Agreement in form satisfactory to Buyer, and shall record such memorandum in the Johnston 10 County register of Deeds. Seller shall take no action to terminate, abrogate, release or amend the Memorandum without the prior express written consent of Buyer, II IN WITNESS W MECF, Buyar and Salleri hauci execulad this Agreement through their duly authofaed signatmicis and whene appropriates haves affbxad tl air raspacitive corporWo seals f lerato. /1�. , CIA '•. � . sem. ` f gORPORATE SEAL] ATTESTED BY: 5 ELLBR: q- BUYS RI: S acitetary a� I�SIHAL' (ISBAL, (SEAII) (SEAL) MCI Environmental TochrlcilloOes 12 Exhibit A — Description of Property The subject property occupies more or less 1.7 acres in Johnston County, NC. A yellow outlined area as shown on the enclosed aerial photograph denotes the subject site and is graphically depicted on the attached exhibit A (See attachment). These boundaries approximately described without the aid of field survey, the actual description of which and field limits will be determined at the conclusion of the feasibility study. 13 s '�. � �� —moi F= ►� '1 �. !". a { J ' . - A f •• y� '�. � �� —moi F= ►� '1 �. !". a { J ' . - s r �+ R 4 , F , '• # 4 � 1 f Y � h.� r f i { i a d: a •7 1 �fie- F i �. �«> �i � - y.l �°�a�. . 7 APPENDIX D: LANDOWNER AUTHORIZATION FORMS NC RITH C AR0111INA ECC 51YSTEM ENHANCEMENT PROGRAM LANDOWNER AUTHC RIOATIO N FORM PHO PERTH LBG AL DIES CRI PTI C N: Deed Book: _0]1430, 037(1]_ Plagci: _0674, 0909_ County: _Johnston Barcel ID Number:-] 64 100-29-514 57,164 ] (10-08-684 5. Street Address: 3836 Elevation _Smithfield, NC 27504 Broperty C wncr 11pleaisc paint: _Gamy 11. Brinson Bropemt31 C wnfm Ilplease pi int):_Lindai W. Benson The undersiigned, regisllered pnapent)l owncm(s) cif the above piupert31, do hfmfib3l authorize _KCI Ifleahnologies, Inc. Mull Dciliver31 Brovider", the NCI Dcpartmcint oilEnvinanment and Natural Resources, and the US Army Corps of Engilneeis, thein employees, agents or assigns to have reasonable access to 11 he abave rcflerenceid propeirt311bn the fivaluatt"lon oflthc property as a potclnt�lal sllream, we111and mind/or riparian buff6r mitigation pmojcict, including conducting stream and/on wetland dcitemminat�lons and delineatlans, as well wi issuance wind acceptance (W any required pemmitils; on centification(Is). Pi aper 11y 0wneirs(s) Address: (lifI different f oam abas e) Piopeity 0wnen Telephone Numbfm: _(919) 894-721213 Property Owner Telephlonci Numbcir: _(919; 815-5121216 I/We hereb31 centilly the above infkirmation to be true and aimumate to the beisit of my/our knowledge. (Brop(irty 04ncin Authorized Signature) C wnfm A uthorized Signature) 1Nama aflflull deliveiry aorrpariN AdaFltac-6-28-13 IjDate; ti -a -15 (Date , Na RITH C ARIOL] NA ECOSYSTEM DNHANCEMENT P RO GRAM LANDOWNER AUTHO RI21ATION FO RM PHO PERTM LEC IAL DIESCRIPTION: Decd Book: _032181 Page: _0037_ Count]: _Jcihnsiton Parcel ID Numben: 1641 a10-39-89217 Street Addlness: 3517 Elevations Road _Benson,, NC 117504 Hrop(irly C wnem (pleasa print: _Rebecca C. C Bropemty Cwnem Ilplease print): The under signed, i egilsteireid prcipeirtM ownen(s', of the above propert3l, do heneby authorize _KCI Ilechnolagies, Bull Dcdiver3l Provideir',1hei NC Department of hlumircnment and Natural Resources, and thea US Army Clarps of Engjneenvy tHein employees, aglents cm assigns to have reasonable access tci the above refleirenacid property ibr thci civaluatIcin oil the pnopenty as a patentlal streaim, wetland) and/or riparian Euf br mitigation piajecit, including aonduating stream ancLlor wetland determinatlons and delineafans, as well as issuance and aaceptaneci oil any rciquined penmit(s) or cert�lf�ciatieir 11s:. Property 0 wners(s) Address is Ijif l difi6ment I rurn abave) Pr ciperty Owner Telephone Number: —11919) 8514-2471 Pnaperly Owner Telephone Numben: We hemeb] certilly the abave h3famaticn to be Iruci and aacunate to the besll oflmydour kniawilcidge. (Property Owner Authorized Si0ature) (Hnopcmty Owner Authorized Sigrlallune; 1Nama aflfhill] celivaryl aorriflany Adopt ed-E-28-1'eI If--�'dr l-50 (Date) (Date) NORTH CARIOLINA ECOSYSTEM ENHAN C EMENTI PRC GRAM LANDC WNERI AUT HORIZATIC N NORM PRC PIERITI LEG AL UESCRIIP'IIIJON: Decd Book: _03734_ Page: _0001_ County: ,Johnston Pamcel ID Number : 1641(1(1-17-2357 Street Addness: 214 09 avid 2407 Fedei al _Benson, NCI 27904 Property Ownen (please print: _William R. Medlin Bropcirly Owner I1pleasie print; :_Daniel G. Medlin, Jr. The undensigned, registered propcirty ownerlls; oil the above propcmty, do hereby aulhoriw _KCI Technoloocis, Pull Delivery Piovidc r', thci NC Department of Environir eint wind Natural Resoui rids, and the US Army C arpsi ofl Engineers, their cimployees, agents of assigns Io haute reasonable access to the abome neflcirc riacid property for the evaluation oil llhe pnopenly as a potentla l stream, wetland and/or iiparian bufftir mitigaticin project, including conducting sllnciam and/or wetland) deteirminatloris and delinciatkins, as well as issuance and aciceptalnciv oil any required Alermit(s) or eertilf>rciatienils; . Plropert31 C wners(s) Addreiss: I1illdlifikirentilrom above) Propert3l 0 wneir Tc ilepHone Number: _(9151) 8514 -2749 Prapert310 wrier Tcdeplione Num b er: I/Wci hcireb31 cera fy the above information to be true and acicuralle to the besll oflmydour knomil(idge. (Pnopenty Ownen Authorized Signatui e) (Date) (Pnopenty Ownen Authorized Signatui e) 'Nama oflIiill ce1ivary aampany Adopled-(-28-12 IlDaite) NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM LANDOWNER AUTHORIZATION FORM PR OPERTY LEG AL UESIC RIFITION: Deed Boob: 03352I_ Pager. 0037_ Count31: Johniston_ I sncieilID Number: 164100-49-14721 Street A & Ir esc: 4 25 Critahein Farm Lane _Bennion, NCI 27504 property Owner (please F Tint: _Eli"beth Wurl hm ann F rope rty Owner (please print,: The undersigned, registered property cwvncr(s) of thea above pnoper), da hereby authorize —K C11 Teehnok dies, Inc. Full Delivery] Pnoviden', thea NC Dlcipartmcm it of Environment and Natural Rkisaunce.y and the U8 Army Clarp.i oflEngineers, thedr em ployees, agents or wisiign.i to have reasanisible access to the above nefcirenced property flair the evala aitilon cif thea prupcurty as a potentlal .4itreaim, wetland and/on riparian bufikir mitilgaticm project, including c(induct�ln 1I stream and)lor wietland determiinationsi and dcliineaticins, as well as issuance and acceptance of any required permit(s) or certificiaticin(s). Plraperty Owncr.(4i) Address: 11if dlifferent from above) Prope rty Owners Telephane Num bean: _,(919) 894-4126. ProPerty Owner Tellephone Num bear: I/We hereby ccrtif31 thea above infdirmatilon tci be trues and accurate to Ito best of my/our knowledge. (Propert) Owner A ull har–n ed Signature', (Property Ow n er A WE cirized Signaturci) 'Name of full do i1h ery com pang Adopted -6-:18.12 /,.,.- (Dates) (Dates) NO RTH CARO IJl NA DCO S YSTDM ENHANCEMDNT PROG RAM IJANDIOWINER AUTHO RI 2 ATIION RO RM PRIOPEPITIl LEGAL DESCRIPTION: Deed E auk: _Cl2I728_ Aage: _007(_ Cluunty: _Johniston Aarc iel ID Number : 1(4 100-29-94 57 Sheell Address: Elevation Road _Benson, NC P ropcirt3l o wner Ilplease paint: _Van D. Sherrill Property owner Ilpleaise point): The undersigned, regilsllered pnupert3 owner(s1) 4the above prciperty, du hcmeby authorize _KCI Technologies, Inci. Mull Dcdivery Arovider", the NCI Deparlment oil Hnmiieiniment and Natural Resuurcem, and the US Army Chirps cdlEngilnieens, thein emplc3lees, agents an assignis to have masuriable aaeicissi Ile the aba-we neflerenccidl property lbs the civaluatilan oil the propcirty mi a putentlal stream, wetland and/cm riparian buffler mfitigatillon pnojecit, incduding cionduciting stream anWor wetland dellerminatilans and dedfineatlans, as we] 1 as issuancci and acceptance ofl any requimid penmit(s) or aertilfilciatiemlls, . Pruipleirty O wners(s) Addness: hill dif omnt Num above) Pnupeirly Owner Tcdephone Number: _112136) 5193-4364 Pi uperl y Owner Telephonci Numbei : _I 12136) 4 03-507( to bei 11 rue and aecurale to 11 he best oflm31/our knomkidge. (Property Owner Authorized Signature 'Names oflfdlI ca]iver) aamplany Adopled-(-381-12 (Date) r NIC RITH C ARIOLINA ECOSYSTEM ENHANCEMDNT RHO GRAM LANIIO WNDRI AUTHC Rll CATION PO RM PHOPERTM LEGAL DESCRITION: Deed Book: _0144 1_ Page: _0287_ ClauintM: _Johnston Aanael ID Number: 164100-19-1398 Street Address: 4141 Elevation _Benson, NC 27504 11ropemty Owner 11pleasci print: _jlerny WI. Panrish Plropeirly C wncm 1Ipleasci prinll):_Lisa B. Plariish 71 he undersigned, registered propert3i ownen(si, of the abovci propeirt3l, do hcmciby authorize _KICI 'lechnolagies, Inc. Flull Delivery Provider', the NC Department of Enmironment and Natural Reisciunces, and the US Anmy Corps of Engjneens, their emplo3lees, agents on aissigns to haiie nemianiable acciess to thci aboWe neflerenceid property for the evailuatlan oil the pnopenty as a patentlal stream, wetland and/or riparian buMir mitigation prajecdl, including cionduciting sl ream an(Vor wetland determinatlanis and delineaticros, as well as issuance and aaccipUncKi oil any rcquireid penmit(s) or cerfilficiatlan(s). 11ropert3l Owners(s) Address: (Iiil difikmemt 1k ami aboWe) Pi operty 0 wner Telephone Number: _(511191) 201-0672 Pncipert3l Owner Telephone Number: I/We hereby certhlfy the above information to be true and aacura td to 11 he bes11 oil my/aun knowledge. (Pnopenty Owren Authorized) Signature) ty Owner Authorized Signatui e) Names of lull c aIiiveryl aampany Adopt ad -(-a8-112 )D.rj` ( (Date) (Date) .1C APPENDIX E: STREAM FORMS NC DINMQ Stream Mintifiaation Form Vensionl 4.11 Dater: /0 1 _, Z D/ P noject/Sillel:. cYN I _ L atilt u d e: Eveduatar: -�-5 Cclunty: jo �S}oh Longitcce: Total Paints: Stlalearri is al leaarl it ilerrnitlend �� S Stueam DeteiininatioDfaircilei cirie EpH emelrEll r 1lermlt11en11 PerEln 011her M2 •I51 on erennial M 31CI' nlial e.91. Gluad Name: A. Geomon r olo (," L l: iollal = 'I'' ConllinL its of char 11 El t 8c anlc bank A beelrlll 0 Weak 11 Moll 2 Strong 2. Siriuclsity of ciharinEl Elland lheilwElg (I d 2 21 2l. lrl-clhe- nr Ell Sllnucllul e: Ell nlff s-ploul, elElpl-gacll, rl ple-plcial SEI UElrl(le Cl 21'1. Acluell icl Iv Cllusks L 3 4. Particle sizEI of still lm sutslratel Cl 0 21 3 5 . A ( lig Wrelial flcloc plain Cl 0.5 21 3 EI. DeAlaailicinal bans cir bElnlahElS (1.9 9 a .I 71. Recent Elll.vial ceAlclsiis 1.5 I 21 .I 8. HEaac cl, tS 0 0� 21 3 9. C nad e c or U of 0 0.5 1.9 ICl. NaluralvallEly 0 CA E kell ch: 11. Second or CIFICarleir cnldEln & ar nel cl Yeis = 3 a. 1.da1 c iliums anv nail naiau, a ve u1buUSDIUIIS In InEi lual EI. Hydllology (Subtotal = 6's ) 12. PllesenClEl cif Basef m a 21 13. Iron oxic iair cl bacileria a 21 '14. Leaf IittElr 1.903Cl '15. SeclimElml cin pllanils cii letnis 0.5 1 1.9 'IEI. Clrglar is c Elbris linElS ou piles 0.5 I 1.9 171. Soil-tasec Eivicenice of high watElr IablEl? N cl =OC Yea 3 el n C lr. 131UIUYY JlOL C lural = %.7 I EI. Fib 1101. s raola ir1 sllnElalmtl ed 21 21 1 19. RoCl ld upilanc pllarlE in sllreamdEld 3 1 0 era. M EICllot 8111111 CM I1nal divelrsity an d abundance] Cl 21 � I 21'1. Acluell icl Iv Cllusks 21 <I 212. Risli 0 0.5 1.9 213. Crayf sh 0.5 1.51 214. Amqh it fans (1.9 9 25. Algae (I (1A 11 1.5 2E 1. Watlalnc pilaris in sireamtec FACW = 0.79; OBL 1. C-IhEm = a *penennial s lneams may also bu identifielc using cltt e i melhads. See p..15 of man ual. Nodes: E kell ch: Ac nu o S1lneam Ide..utifir aline Farm Vpucinn A 1 1 Daher Ic_ Z 2-10 jr- F nojecittSillei: f o rv� z - -�Y� Laititu c el: Evaluator"�rj / Caunty: ��� Leh Larigitude- Notal Paints: Srhkiarn is ad leas l inilermitterl Stream DatellgAnatign curcdei aria) EpH CtHeir B 15 oAl perenrlial ill -'-3(11 errlelrll niilermitten P erern r ial e.sl. Qulo m me: A. Geomoi& oloav tStl t ini ill = I Z , 5 Q he nnlil Wlaalr 1 Mer -4- en..,.. Ia' Cciniinu its cd ahainnel t EIC anc bank 0 I 21 _ 2. Sinucsilly a1 char niel Edcng 1111 ellweg 14. Leaf littera •1.9 (L9 0 '15. cladinlErl cn plarrls on c et nis �1. In -charmed srinucnlure: Eix. nifflEi-plCial, slEipl-plaal, nipple-plocd scquencEi (I 1~ 21 3ni 4. Particle siaEI cif dream sudsireltEi CI 1 CIA 1 1.5 E. A clip a InEdicd flceidpllain CI 1 2 OD EI. Depla;iilional ban.i cir bEiriches © 1 2 31 71. Recerii alk vied c epasiis G 26. Wetlainc pllair Is in sl nEraimtl Eid �l 3 8. Hsac C tS 0 SeEI p. 35 of manual. 3 9. C nand e c em i ral 0.5 I(I. NaturalvEIIIEiy 0 0.5 I 71 Secorid ar cpeatEin oiidEur akar nel Na (I' YEIS = 3 B. Wdrloloov (Suh•Intal =• '1 vl ` y� 12. Presence cdl Bmaflow CI 1 2 �3 13. Ircini oxic izing tacrteriai a 1 0 14. Leaf littera •1.9 (L9 0 '15. cladinlErl cn plarrls on c et nis a CA 1 '1.5 '16. Crgar is d0brisl lines or plilea 0.9 1 I.EI '17. Soil-tasiec Ervicence oil hiclh water laibic? Na () YES = 3 C l.. Olul uuv iouullutill - --% 1 'I EI. Fid nou s raoils in sheairribed .I 2 I 151. RacllEIC uplanic pliainils irl s'lreambed CI X1. MaicnotsniHcis IIna•l(i dlWirsiq and abundance) C 1 2 3 21.1. Aqualia N cdlusks 3 212. Flish C CIA 1 1.5 213. Crayfish 7`01 a.9 214. ArriplH it ianis 0.5 '1.9 25. p IglaEi 0 0.5 26. Wetlainc pllair Is in sl nEraimtl Eid FA C W = 01.715; CEL = ff 9 C M ar = (1 .penennial sineaims may also be idEiniified using other methods. SeEI p. 35 of manual. Nodes: E k e•Iclh: NC I]WIO Stream Id clntif>rclaltllon Farm Velrsian 4.11 Dale: (0 - zll - 2p I5 Prcljaclt/Sile: oY - -�,r �' Lalliludc: Evaluallcll: ,Ir� { Courty: irCI4. Lomgi9Lde: 11011211 Points. ill saireviriliniermihlenll �� 5 SIrcam Dell armirall iclr I1chicle l Ohl 'jlgc ill il9lcr Elrevinia/ifZ,10* Elplhemerad IrtcurrlittElrl Elllennlall e.g. Quac Nairne: A. GElorn orphology (SL Udall = 23 Absent I Weak I MnrFir�iip Ctrnnn ,a,ConiirILityoJahanrlel IbEic anc tank CI 1 21 '13. hlor axic izing baalleuial 21. SinL asib of Citi anlrled alon gl thalw % Cl 1 �I 1.5 03 3. In-citamrell sirLciune: e). riffle-placd, stElp•plclal' ripplel-paol sEl a Elnae CI l el I 1.9 4. Par ialEl slizel of stream- sutsillale a 21} 171. Sclil-basEld s%iderICEI of H igh m aler tat le? ^ Iry'-1-_.-- 5. Aclivchieliat flaacplkiin 0 I 21 (3J) 6. DElplositiclnal t airs ar t elmclH els 0 2 011 7. RElaelnt alluvial deposits 0 2 3 EL HElaldaulls C 1 2 3 9. Grac EI aortlol (I (1.9 I 1.5 1 G. Nalu I al vallaN CI CLEI Q '1.5 'I'l. Si lcanc cul grelaller cmc Elr charinEll NCI iiesl = 3 al I IIIUItlII unll:nels dill I)Lill lid IUUI see alscussicins In manual H. I- ydrology (Su t loilal = 10 -5 '12. Pri lserlcel of E3EIsuflaw 0 21 '13. hlor axic izing baalleuial 0 11 2 '14. Loall litter 1.5 03 0.5 a 19. Secimanll on pllanlsl ar dElbris ( (L9 I 1.9 1El. Cingeiric cetlria IinEls cul piles (I CI. 1 '1.5 171. Sclil-basEld s%iderICEI of H igh m aler tat le? ^ Iry'-1-_.-- Na = 0 nest �$1 �.. o wluyY Ilc L L tonal = {rs ) 18. Hitrausl nocds in sllrelamtelc 21 1 C '19. Related upllanle pllarltsl in slrelamteic 2 1 CI 20.Naancltentlios4nolEidivellsityanc altundance' I 2 cl 21. P qu atia N ollu sIN s 11 2 3 22. Fist (1.5 I 1.9 211. CIElyfisH 0CA 24. Amphibians CI.9 '115. Algae Al. VI ellanld pllE its in sirearrltec F1ACW _ C135; C EI U = 1.9 Oihan "perennial stream: may also be idelnirt ec using aglen melhads. slea p. cl°I o l manual. N cites: SkEdcH : NC DWO Stream Mintifiaatllan Rim Vcrosf an 4.11 Dates: _ � SIH �,e Projeat/Si11e: Yhn r',b 2 Lathude: Evailuatar: T5 ) AF County[: PC EI+ Longituce: Total PClints: lIdicavr is ail leasd inflerrriteinil 2 2 Slbiearrr Deteurminatior (aisle ante Eplh 011her ill 2 'I51 c Aierennial iM z 36* J emerzil Ir permitter 11 erein rias e.g. Cluad Name: mgr; H. heomw r oto Q5L t Iola[ = 1-1 'I"'Canilinuity cif ahannieltec arc dank At srelr f C Welalk Moderaile 2 Strong 0 2. Sinuosity cd ahanined alangl ihalweig (I 1 2 '15. EleidimEirnll an plants cur eetris 3. Ir-crliarrEil slnuciuie: Ea. riffle-Floct, siErFl-Floal, rip[ le••gaal sEi uEinaei 3 1 2 3 4. Particle sizic cif sheam sutsireltEr q 1 2 1.51 9. Acli%elredial flcioc plain 0 0.5 el 214. ArnAH it iar s EI. Dep a.iiiiarial be- ns ar bElnlClhEISI 0.5 1.9 25. P Igaa 71. Recent alluvial ceplasiis � I 21 3 8. Hele Ic Cl is 0 p. 35 of ritnual. 3 �I 9. Graide conlrat 0 0. 1.9 IT. Natural vallEry (1 (LEI Ske-loh: 1.9 '11. Second or g ricarleir cuiden ch amr el a YEis = 3 a- Clai wu,naa aro nus natcu, 4et discussions in manual B. Hydrlology (Subilotal = 11 •5 ) 13. Preisemaei all BasefloA CI I el U3 13. Iran oxiciaingltacrlariai CI I 21 14. Leaf IittEin I.5 (I.9 (I '15. EleidimEirnll an plants cur eetris 0 0.5 3 6. Olrglar is c Eibris lines or Files 0 0.5 I EI 17. Soil -t asiec Eivic encie i ail high watEln IaiblEr? Na = Cl YEIII k. Olulugy qouo1ot:au = I EI. FiH nor. s racils in silwaimbEid el 1 q 151. RocdEra uplanc Fllanls ini srlreamdEid 21 1 q elq. Macnotenucii, ilnallo diverrsi4 and abundance) C) I el 3 21. Aqualia N allusiks OLJ I 21 .I e12. Hish 0.5 I 1.51 213. Crayfish (T 0.5 1.9 214. ArnAH it iar s Q L 0.5 1.9 25. P Igaa 26. WErtlanc plands in sllreamded FACVV = 0.79; 0 B3 = 'I .EI Ctheu El `Eenennial sireE ms may also be idenlifiec using other meal ads. melee p. 35 of ritnual. Noilels: Ske-loh: NC DWQ Stream Idclntifilclaitllein Rum VEmsicin 4.11 Dalle: 2) _ fid, Ig Projeat/Si11e:,�rv, 5 -1-�rA y,, Lalillude: Evaluailcir. - , County: '"` 1 4 �O�Vill -dt Lon Itl.ce: 9 Toted Points: Sltivarn is ail kiastiritlerrniitlenil Z Jt SlIliezirr i Delleirminallior ilciincle onc) Other if z J S ar ere innial ifl 2 316 * 2 Eplhelmerll Ilrrlitller Elreinnlal e. Qua dNairnie: 9• A. Geomor P ology IISLttoial= CI Atsiciril Welalk Mciderille Stron 1 a. Conlirn i4 of aharirl Ell t ec and Id alri k ( 1 2 9 3 2. Siniu csiiy cd ahanned along ih allwag 1 a 2901. MaicnotEinilfica (ncde divEirsityand abundanae' 3. In-clllainnel silrualuwe: Eli riffle•pocll, stEip-ploal, rl pllEI-pCICIIsEICLElnclel CI 291. Aclualia Mcdlusks LI 3 4. Particle EiiaEi of stiia.,im sudslralel CI O 0 3 9. AdNeilrelicl f cioc plain CI 0.5 121 3 6. Dep iitianal bans ar bElnichEis aih 1.9 21 I 7. REIaEInt ElkVial cepla.iiis 1.9 I a �I 8. Heam is 0 See p. 35 of manual. a 9. GreidEI ciorInal C1.11 1 1�9 10. Nailural vallEiy (I C9.19 Skelch: 1.9 11. SE icond or dnEieiter otdEIN cF ar reel a P aYEis = 3 air mciai drones ane ncn naiea: see discussions in man uai E. Hydrology 11Subllatal = t .5 ) '12. PnesericEl cit Baseflo%A a �I '13. Ilorl Cl is i2ling taciterial a a '14. LEW litteir '1.5 I ?3y (I 'I11. Sec inlElnll on planis on cetris 0 0.5 '1 11.19 'I El. Organic c Eibrisi IinEls or pilar (1.5 1.9 11 Soil-tasec EivicemcE cdl high water IablEI? h cI -'0� YEI:I = 3 U. 0111010CIV II.OIUD1001 = to 1El. Fit nous raolsl in streeimbEld 3 1 q 19. RocitEld uplleinic p IanII,I iri srlwamliEld 1 a 2901. MaicnotEinilfica (ncde divEirsityand abundanae' I 21 3 291. Aclualia Mcdlusks I 21 ;1 212. Flisl-il O 0.5 1 - 9 23. Cuayfisfl (} 0.5 1.9 24. P rrlplfi it ians 0 CIA 1.9 29. P IgEiel 10 CIA '1 1.9 219. Welt alnc pllands iri sinEiaimdelc FAC W = 0.79; CBL = 1.9 C Ihel =q *perennial sinsams may also be idEmtified using othen melhods. See p. 35 of manual. N oil es: Skelch: NC D W Q Stream ]Id untific aitileln Perm Vcir sf an 4.11 Dade: 10 0 I N -1 2-E t Projacit/Siie: iorw cr Yui Lallhude: Elvaluallon: '�c� / le Countyl: �� dN Longih c e: 11o11a1 is nts: m is atl le ie it termidlend 1H , 5 c11ruarnDellermirallior jainclleones O11her ifI 1 if z 79 cir enEirinial if z ,101* i Spihemerall Intl rr itter 11 Eire i el. Quad Nan e: 9• LiQ f:1 H. UElOrr or nolo d,� u b total = <- .1 • A 1a'ConitirlLityoil alianrelbec Enc flank Ab serif (I Welalk 1 Moderallel 2 S trorig 21. Sin u o.lity of till a nimEll a Ior g 2 ailweg CI 1.5 2 cl 31. Ini-cfiarrel sin, CIL lie: e). rifle-plocll, stepl-pocll, niq IEI-plaol:lEiquence CI 1 I I 21 4. PE h idea size cd streElm su tsiraie a YEIs = 3 21 11.9 5. Acdiveheliclt If acic plalirl a I 21 24. Amphibialris 6. DElgosiitianal t ars air It encihEls cl 1.9 a 7. ReciElnt allWail depasits 0 219. "etlaric pllarts in sirearmt sc 21 C El. HEnadciuils 0 1 �I f1. Gal EI cortisol 1 a. Natu I al vallay (I CLEII I V. Seccnc cm grealler cmc Elr uharinel Ncl = CI YEIS - 3 alill UM umclIl anti 11 L111 Ila ICU, SCC UISGu551Un5 In manual EI. H yc rology QSu b inial = -"-I is. RrIcisuriCEI cif Basof m CI '1 21 (^ 'I'l hicir axicizirg badeuia 0 I 21 '14. LE M liter 1.5 CIA 0 19. Sec irTi li on plantsi cin det ris { 0.5 3 1El. C ncleiniu c sbifsi limes (III piles [I 0.5 I 21 171. Scifl-basEld evidericlE1 cd N igh watElr IablEl? P a = CI YEIs = 3 C. Biology (SI. t iollal = 15 18. Hibrcus Iloclts in silreamded 21 1 CI '19. Rclaled uglanic pilaris it silrElamdEld 21 1 a 20.IVacirateritlios Qnldiversityand.ibundanoa' I 2 3 21. A qlu atia N ollu slNs I 21 3 221. Rih 0.5 11.9 213. Cnayfish 0.5 I 1.EI 24. Amphibialris CI i E I 1.9 219. Algae (1.9 219. "etlaric pllarts in sirearmt sc FAC W = 0.79; OBL = '1.5 Ctter ' peliennial streams may also be identified using other mE111 ods. melee p. 35 of man ual. N cites: SkEl1cF : APPENDIX F: SCORING SHEET ATTACHMENT A ADDENDUM# 1 FOR RFP 16-006477 Important Notes/Guidance 1. Projects MUST be located within DMS Targeted Watersheds within Neuse 03020201 (Attachment A Table 1 and Map). Projects located within Local Watershed Planning (LWP) or Regional Watershed Planning (RWP) RUCs may receive additional points, as noted in Section 1.0 of this Technical Proposal Rating Form. 2. Scores of "No" or 0 points for questions in Scoresheet Modules 1.0 through 6.0 (i.e., after the Overall Merit/Proposal Screening section) will NOT disqualify a Provider's proposal. 3. Proposed Projects must be located within a catchment with no more than 12% Impervious Cover in the area draining to the project as measured at the downstream limit of the project. Offeror must include the following information in the proposal: 1) Drainage Area, 2) % Impervious Cover and 3) the method that was used to calculate the Impervious Cover for the project area. 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- Does the proposal adequately document the physical, chemical and/or biological impairments that currently exist on the project site? 3- 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.] 4- Does DMS agree with the proposed credit structure(s) described in the proposal? 5- Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams? 6- Does the proposal adequately describe how the project will advance DMS watershed planning goals? 7 -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 meandering floodplains — 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. Page 1 of 6 Note: An answer of No in this section means the Technical Proposal is rejected. Continue or Reject -I NJ diagram for Priority II Question Above. I Pr$Qrlty 11 floodplain banch 1Jt 300 W O -50 A00 -150 -2W 0 03. Ti ATTACHMENT A ADDENDUM# 1 FOR RFP 16-006477 Page 2of 6 ATTACHMENT A ADDENDUM# 1 FOR RFP 16-006477 All watershed planning documents pertinent to scoring, including 2015 Neuse 01 River Basin Restoration Priorities (RBRPs),Regional Watershed Plan (RWP) and Local Watershed Plans (LWPs) are available at the following hyperlink http://porta1.ncdenr.org/web/eep/rbrps/neuse Asse ssm e n t Sco re Section 1.0 - Watershed Module [Maximum Points= 30] For Proposed Projects outside of RWP or LWP Area 1.1 For proposed projects located outside of an LWP or RWP area, but within a TLW identified in Table 1 of Attachment A as required, to what extent does the project support the CU -wide watershed improvement objectives? 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.) Project addresses 1 of 4 functional improvement objectives 2 points Project addresses 2 or 3 of 4 functional improvement objectives 8 points Project addresses 4 of 4 functional improvement objectives 15 points For Proposed Projects within a LWP Area 1.2 BONUS: Is the proposed project located within a LWP area. If the answer is Yes but the project is also located within the RWP area please only answer BONUS Questions 1.4-1.6 (LWPs are listed on the Neuse Basin Page hyperlink above, see Attachment A for table and map with LWP areas) Yes, the project is located within an LWP area. 10 points 1.3 BONUS: Does the proposed project meet priority goals of the LWP areas? _ Offeror must describe how a project contributes to goals to receive points. (The following priorities relevant to this RFP are further discussed in the LWP Findings and Recommendations which are available at the Neuse Basin hyperlink above ). 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) Addresses 1 of 7 LWP goals. 1 point Addresses 2-3 of 7 LWP goals. 5 points Addresses 4-5 of 7 LWP goals. 10 points Addresses 6-7 of 7 LWP goals. 15 points For Proposed Projects within the RWP Area 1.4 BONUS: Is the proposed project located within the RWP area. (see Attachment A for table and map with RWP area) Yes, the project is located within an RWP area. 10 points 1.5 BONUS: Is the proposed project located within a subwatershed that has been prioritized for Stream Corridor Condition or Important Aquatic Habitat in the RWP? (See Figures 17 and 20 in the RWP Preliminary Findings Report available on the Neuse Basin page hyperlink above) Yes, the project is located within a subwatershed prioritized for Stream Corridor Condition or Important Aquatic Habitat. 5 points 1.6 BONUS: Does the proposed project meet priority goals of the RWP? - Offeror must describe how a project contributes to goals to receive points. (The following priorities relevant to this RFP are further discussed in the RWP Preliminary Findings Report available at the Neuse Basin hyperlink above ). 1 --reduces sediment loading; 2 --reduces nutrient loading; 3 --improves stream and bank stability; 4 --improves hydrologic function; 5 --improves riparian buffer condition. Addresses 1 of 5 LWP goals. 1 point Addresses 2-3 of 5 LWP goals. 5 points Addresses 4-5 of 5 LWP goals. 15 points Section 2.0 - Existing Conditions Module [Maximum Points =65] Page 3 of 6 ATTACHMENT A ADDENDUM# 1 FOR RFP 16-006477 2.1 lWhat is the proportion of significant, obvious incision (BHR > —1.5) for reaches identified for some level of channel modification? <30% of the proposed footage exhibits significant, obvious incision. 2 points 30-70% of the proposed footage exhibits significant, obvious incision. 6 points >70% of the proposed footage exhibits significant, obvious incision. 10 points 2.2 (What is the proportion of active bank erosion for the existing condition of reaches proposed for channel modification? [Active bank erosion includes surficial scour, hydraulic and mechanical failures, and other mass wasting from channel processes.] <30% active erosion. 4 points 30-70% active erosion. 10 points >70% active erosion. 20 points For reaches proposed for restoration/enhancement, what is the percent of project length actively subject to onsite water quality or habitat stressors that the design proposes to address? [Onsite means within or immediately adjacent to (within 30 ft of) the proposed easement boundary. 2.3 Example stressors 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.] What level of (negative) impact on water quality does the current land use within and immediately adjacent to the proposed easement have on 2'4 the project (i.e., impervious surfaces, nutrient inputs, sediment inputs or other land disturbing activities)? Low (no evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 1 point Moderate (only slight or limited evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 6 points High to Very High [moderate to strong evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system; evidence may include eroded banks, channel aggradation/degradation, livestock access, degraded buffers, cropping or other land disturbances right up to the stream banks, etc.] . 12 points BONUS: Comparing nutrient concentrations of influent to effluent demonstrates the nutrient removal function of a project site. Using a widely accepted computer model (including simple spreadsheet tools), to what extent is the project predicted to reduce on-site nutrient inputs (total dissolved 2.5 nitrogen and/or phosphorus) from runoff flowing laterally into the proposed project easement -- with effluent measured/predicted at the immediate downstream project boundary? [Note: to receive credit, Provider must provide a reference for spreadsheet tool or model, describe assumptions, and include maps/schematics as appropriate.] Modeling estimates anticipated reductions of 30-60% in total nitrogen and/or total phosphorus levels. 3 points Proportion of affected channel <30%. 1 point Modeling estimates anticipated reductions of >60% total nitrogen and/or total phosphorus levels. Proportion of affected channel 30-70%. 4 points 6 points Proportion of affected channel >70%. 8 points Modeling estimates anticipated reductions of >60% total nitrogen and/or total phosphorus, and What level of (negative) impact on water quality does the current land use within and immediately adjacent to the proposed easement have on 2'4 the project (i.e., impervious surfaces, nutrient inputs, sediment inputs or other land disturbing activities)? Low (no evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 1 point Moderate (only slight or limited evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system). 6 points High to Very High [moderate to strong evidence of nutrient, fecal coliform or sediment input via overland/stormwater flow into the system; evidence may include eroded banks, channel aggradation/degradation, livestock access, degraded buffers, cropping or other land disturbances right up to the stream banks, etc.] . 12 points BONUS: Comparing nutrient concentrations of influent to effluent demonstrates the nutrient removal function of a project site. Using a widely accepted computer model (including simple spreadsheet tools), to what extent is the project predicted to reduce on-site nutrient inputs (total dissolved 2.5 nitrogen and/or phosphorus) from runoff flowing laterally into the proposed project easement -- with effluent measured/predicted at the immediate downstream project boundary? [Note: to receive credit, Provider must provide a reference for spreadsheet tool or model, describe assumptions, and include maps/schematics as appropriate.] Modeling estimates anticipated reductions of 30-60% in total nitrogen and/or total phosphorus levels. 3 points Modeling estimates anticipated reductions of >60% total nitrogen and/or total phosphorus levels. 6 points Modeling estimates anticipated reductions of >60% total nitrogen and/or total phosphorus, and describes specific pre- and post -construction monitoring protocols to document nutrient reductions directly attributable to proposed project. 15 points Page 4 of 6 ATTACHMENT A ADDENDUM# 1 FOR RFP 16-006477 Section 3.0 Habitat and Conservation Connectivity Module [Maximum Points =10] Section 4.0 - Design Module [Maximum Points =15] 4.1 ITo what extent does the proposal (and project design) address sediment supply and transport? Proposal qualitatively describes sediment supply, storage and transport dynamics in a restoration context. 1 point Proposal qualitatively describes sediment supply and transport dynamics in a restoration context; and proposal specifies, describes and justifies as appropriate for the project the methods that will be used for quantitatively evaluating, simulating or analyzing sediment supply and transport processes for existing and proposed conditions. Alternatively, Proposal qualitatively describes sediment supply and transport dynamics in a restoration context and provides justification that no quantitative methods will be necessary to support project design. 5 points Proposal qualitatively describes sediment supply and transport dynamics in a restoration context; and some assessment methods have been applied and background data are summarized in proposal. Quantitative or analytical tools to be used for evaluating sediment supply and transport for existing and proposed conditions are specified, described and justified as appropriate for the project with the proposal. 15 points Section 5.0 - Implementation and Risk Module [Maximum Points =28] 5.1 1 Does the project provide: Between 20 - 30% of the RFP request (mitigation quantities)? 5 points Between 30 - 50% of the RFP request? 10 points Page 5 of 6 3.1 BONUS: Proposed project boundaries are directly contiguous to (has 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. 5 points Proposed project easement shares at least one boundary with another mitigation property (DMS project or approved Mitigation Bank site) with a permanent easement. 10 points Section 4.0 - Design Module [Maximum Points =15] 4.1 ITo what extent does the proposal (and project design) address sediment supply and transport? Proposal qualitatively describes sediment supply, storage and transport dynamics in a restoration context. 1 point Proposal qualitatively describes sediment supply and transport dynamics in a restoration context; and proposal specifies, describes and justifies as appropriate for the project the methods that will be used for quantitatively evaluating, simulating or analyzing sediment supply and transport processes for existing and proposed conditions. Alternatively, Proposal qualitatively describes sediment supply and transport dynamics in a restoration context and provides justification that no quantitative methods will be necessary to support project design. 5 points Proposal qualitatively describes sediment supply and transport dynamics in a restoration context; and some assessment methods have been applied and background data are summarized in proposal. Quantitative or analytical tools to be used for evaluating sediment supply and transport for existing and proposed conditions are specified, described and justified as appropriate for the project with the proposal. 15 points Section 5.0 - Implementation and Risk Module [Maximum Points =28] 5.1 1 Does the project provide: Between 20 - 30% of the RFP request (mitigation quantities)? 5 points Between 30 - 50% of the RFP request? 10 points Page 5 of 6 5.2 Does proposal address Federal Emergency Management Act (FEMA) regulated zones? Proposal provides documentation concerning the status of FEMA regulated issues as it pertains to the project (i.e. flood zone map, FEMA delegated authority or designated Floodplain Manager). 2 points Project does not occur in FEMA regulated zone, or occurs in FEMA regulated zone and submittal provides a detailed approach for how to address this. 6 points ATTACHMENT A ADDENDUM# 1 FOR RFP 16-006477 5.3 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, 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. 3 points < 5% of the total project footage is segmented by crossings, roadways, or utility rights of way. 6 points Project is not affected by crossings, roadways, and/or utilities; or project with existing constraints removes or relocates the constraints or barriers such that the design is not significantly affected by the constraint(s). 12 points Section 6.0 - Quality Control [Maximum Points =15] 6.1 lExperience of Project Team (people actually completing work) Project team contains at least two individuals with specialties 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 points 6.2 Quality Control Program Proposal describes checks and balances that review engineering and design methods and results, document preparation, and project implementation to be used in the proposed project. 2 points Proposal includes a detailed QA/QC plan, including specific reviews of engineering and design methods, sampling to validate results, document preparation and editing, and project implementation to be used in the proposed project. 5 points Page 6 of 6 APPENDIX G: NUTRIENT DATA NITROGEN LOADING CALCULATOR LOCAL WATERSHED NAME Stony Fork SUBWATERSHED ID 1 USER ID I TM TOTAL % IMPERVIOUS 1 12.5% PRECIPITATION (inches/unit time) 1 47 EVENTS w/ EFFECTIVE RAINFALL 1 0.05 TOTAL POUNDS OF NITROGEN PER Land Uses 75.8 UNIT TIME ■Mixed Forest DWater TOTAL POUNDS OF NITROGEN PER ID Description Total Area % Total Imp. Area RV TN Conc. TN Load 1 Urban Low 72.0 13.4% 14.40 0.230 1.64 14.5 2 Urban High 13.0 2.4% 8.84 0.662 2.22 10.2 3 Agriculture 274.0 51.1% 41.10 0.185 1.58 42.7 4 Shrub 0.0% 0.00 0.064 1.42 0.0 5 Deciduous Forest 0.0% 0.00 0.064 1.42 0.0 6 Evergreen Forest 0.0% 0.00 0.064 1.42 0.0 7 Mixed Forest 177.0 33.0% 2.66 0.064 1.42 8.5 8 Water 0.0% 0.00 0.050 0.00 0.0 9 Forested Wetland 0.0% 0.00 0.095 1.46 0.0 10 Shrub Wetland 0.0% 0.00 0.095 1.46 0.0 11 Emergent Wetland 0.0% 0.00 0.095 1.46 0.0 12 Barren 0.0% 0.00 0.230 1.64 0.0 TOTAL 1 536.00 1 100.0% 1 67.00 1 75.8 TOTAL % IMPERVIOUS 1 12.5% PRECIPITATION (inches/unit time) 1 47 EVENTS w/ EFFECTIVE RAINFALL 1 0.05 TOTAL POUNDS OF NITROGEN PER DUrban Low ■Urban High 75.8 UNIT TIME ■Mixed Forest DWater TOTAL POUNDS OF NITROGEN PER 0.14 ACRE -UNIT TIME Land Uses DUrban Low ■Urban High OAgriculture DShrub ■Deciduous Forest DEvergreen Forest ■Mixed Forest DWater ■Forested Wetland ■Shrub Wetland *Emergent Wetland *Barren TN Load by LU *Urban Low ■Urban High *Agriculture DShrub ■Deciduous Forest DEvergreen Forest ■Mixed Forest DWater ■Forested Wetland ®Shrub Wetland 0Emergent Wetland *Barren KCI Associates of NC Johnston County NC 10/28/15 NITROGEN REMOVAL CALCULATOR SUBCATCHMENT NAME HU Total SUBCATCHMENT ID 1 1 Total N Load in Subcatchment Before 75.8 Best Management Practices (percent of land use treated) Total N Removed in Subcatchment by Land Use 14.0 Stormwater Detention Filtering 18.5 Open Channel Description N Load Load per acre Wet Ponds Wetlands Bioretention Riparian Buffers Level Spreader Grass Channel Dry Swale Wet Swale Total N Removal Urban Low 14.5 0.20 0 25 0 25 0 0 0 0 2.5 Urban High 10.2 0.78 0 10 0 10 0 0 0 0 0.7 Agriculture 42.7 0.16 0 30 0 30 0 0 0 0 9.0 Shrub 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Deciduous Forest 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Evergreen Forest 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Mixed Forest 8.5 0.05 0 30 0 30 0 0 0 0 1.8 Water 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Forested Wetland 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Shrub Wetland 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Emergent Wetland 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Barren 0.0 0.00 0 0 0 0 0 0 0 0 0.0 Total N Load in Subcatchment Before 75.8 Treatment lbs/unit time Total N Removed in Subcatchment by 14.0 BMPs lbs/unit time Total % Removal 18.5 Total N Remaining in Subcatchment 61.8 (lbs/unit time) N Removal 100 - lbs/unit 50 - time _ - d 0 []Total N Remaining ❑Total N Before Treatment KCI Associates of NC Johnston County 10/28/2015 PHOSPHORUS LOADING CALCULATOR LOCAL WATERSHED NAME Stony Fork SUBWATERSHED ID 1 USER ID I TM TOTAL % IMPERVIOUS 1 12.5% PRECIPITATION (inches/unit time) 47 EVENTS w/ EFFECTIVE RAINFALL 0.05 TOTAL POUNDS OF PHOSPHORUS PER Land Uses 15.2 UNIT TIME ■Mixed Forest *Water TOTAL POUNDS OF PHOSPHORUS PER ID Description Total Area % Total Imp. Area RV P Conc. P Load 1 Urban Low 72.0 13.4% 14.40 0.230 0.26 2.3 2 Urban High 13.0 2.4% 8.84 0.662 1.08 5.0 3 Agriculture 274.0 51.1% 41.10 0.185 0.26 7.0 4 Shrub 0.0% 0.00 0.064 0.15 0.0 5 Deciduous Forest 0.0% 0.00 0.064 0.15 0.0 6 Evergreen Forest 0.0% 0.00 0.064 0.15 0.0 7 Mixed Forest 177.0 33.0% 2.66 0.064 0.15 0.9 8 Water 0.0% 0.00 0.050 0.00 0.0 9 Forested Wetland 0.0% 0.00 0.095 0.10 0.0 10 Shrub Wetland 0.0% 0.00 0.095 0.10 0.0 11 Emergent Wetland 0.0% 0.00 0.095 0.10 0.0 12 Barren 0.0% 0.00 0.230 1 0.26 0.0 TOTAL 536.00 100.0% 67.00 1 1 15.2 TOTAL % IMPERVIOUS 1 12.5% PRECIPITATION (inches/unit time) 47 EVENTS w/ EFFECTIVE RAINFALL 0.05 TOTAL POUNDS OF PHOSPHORUS PER *Urban Low ■Urban High 15.2 UNIT TIME ■Mixed Forest *Water TOTAL POUNDS OF PHOSPHORUS PER 0.03 ACRE -UNIT TIME Land Uses *Urban Low ■Urban High *Agriculture *Shrub ■Deciduous Forest *Evergreen Forest ■Mixed Forest *Water ■Forested Wetland ®Shrub Wetland *Emergent Wetland *Barren P Load by LU *Urban Low ■Urban High *Agriculture *Shrub ■Deciduous Forest *Evergreen Forest (Mixed Forest *Water ■Forested Wetland ■Shrub Wetland *Emergent Wetland *Barren KCI Associates of NC Johnston County 10/28115 PHOSPHORUS REMOVAL CALCULATOR SUBCATCHMENTID 1 1 Total P Load in Subcatchment Before 15.2 Treatment lbs/unit time) Best Management Practices (percent of land use treated) Total P Removed in Subcatchment by Land Use 3.3 Stormwater Detention Filtering Total % Removal Infiltration Water Quality Swales Description P Load Load per acre Dry Ponds Wet Ponds Wetlands Bioretention Riparian Buffers Infiltration Trench Grass Channel Dry Swale Wet Swale Urban Low 2.3 0.03 0 0 25 0 25 0 0 0 0 Urban High 5.0 0.38 0 0 10 0 10 0 0 0 0 Agriculture 7.0 0.03 0 0 30 0 30 0 0 0 0 Shrub 0.0 0.00 0 0 0 0 0 0 0 0 0 Deciduous Forest 0.0 0.00 0 0 0 0 0 0 0 0 0 Evergreen Forest 0.0 0.00 0 0 0 0 0 0 0 0 0 Mixed Forest 0.9 0.01 0 0 30 0 30 0 0 0 0 Water 0.0 0.00 0 0 0 0 0 0 0 0 0 Forested Wetland 0.0 0.00 0 0 0 0 0 0 0 0 0 Shrub Wetland 0.0 0.00 0 0 0 0 0 0 0 0 0 Emergent Wetland 0.0 0.00 0 0 0 0 0 0 0 0 0 Barren 0.0 0.00 0 0 0 0 0 0 0 0 0 Total P Load in Subcatchment Before 15.2 Treatment lbs/unit time) Total P Removed in Subcatchment by 3.3 BMPs lbs/unit time) Total % Removal 21.8 Total P Remaining in Subcatchment 11.9 (lbs/unit time) P Removal 20.0 - lbs/unit 10.0 - time 0.0 - ■Total P Remaining ■Total P Before Treatment 1• 11 11 11 11 11 11 11 11