Loading...
HomeMy WebLinkAbout20190865 Ver 1_Technical Proposal_20190513PART A. COVER LETTER Technical Proposal (RFP #16-007725) FULL DELIVERY PROJECTS TO PROVIDE STREAM MITIGATION CREDITS WITHIN CATALOGING UNIT 06010108 OF THE FRENCH BROAD RIVER BASIN March 6, 2019 PROPOSAL NUMBER: 16-007725 NC DEQ -DIVISION OF MITIGATION SERVICES ATTN: MARJORIE BARBER 217 WEST JONES STREET, SUITE 3409-J RALEIGH, NORTH CAROLINA 27603 Dear Ms. Barber: Restoration Systems, L.L.C. (RS) is pleased to provide you with this Technical Proposal (Proposal) in response to the Request for Proposals (RFP) #16-007725 dated November 13, 2018. This submittal includes one signed, original Proposal, four photocopies of the Proposal, and one USB flash drive containing one redacted copy of the Proposal and ArcGIS shapefiles of the proposed project boundaries. RS has submitted the Cost Proposal in a separate and sealed envelope. This Proposal describes the Laurel Springs Stream Mitigation Site and is designed specifically to assist in fulfilling the North Carolina Department of Environmental Quality's restoration goals. Restoration Systems herein offers the following mitigation option: - 4000 Stream Mitigation Units - Optional 7.65 WMUs If you, or your staff, have questions or comments regarding our Proposal, please feel free to contact me at your convenience at the number below. We look forward to working with the North Carolina Division of Mitigation Services on this important project and are available for Site visits and technical review at your discretion. Sincerely, RESTORATION SYSTEMS, L.L.C. George A. Howard Authorized Representative 1101 Haynes Street, Suite 211 Raleigh, N.C. 27604 919-755-9490 PROPOSAL PRINTED ON 30% POST CONSUMER RECYCLED PAPER PART B. TITLE PAGE TECHNICAL PROPOSAL AND RESTORATION PLAN LAUREL SPRINGS STREAM MITIGATION SITE AVERY COUNTY, NORTH CAROLINA (RFP #16-007725) FULL DELIVERY PROJECTS TO PROVIDE STREAM MITIGATION CREDITS WITHIN CATALOGING UNITS 06010108 OF THE FRENCH BROAD RIVER BASIN Prepared for: NORTH CAROLINA DIVISION OF MITIGATION SERVICES RALEIGH, NORTH CAROLINA Restoration Systems, LLC Authorized Representative: George Howard Ph: 919-755-9490 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Prepared by: MARCH 2019 Axiom Environmental, Inc. Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 XA STATE oF�o v ; ` �.. �i• \SSF QUUAMM�% STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Request for Proposal #: 16-007725 Full Delivery Projects to Provide Stream Mitigation Credits within the Cataloging Unit 06010108 of the French Broad River Basin as described in the Scope of Work Date of Issue: November 13, 2018 Proposal Opening Date: March 6, 2019 At 2:00 PM ET Direct all inquiries concerning this RFP to: Marjorie Barber Purchasing Agent Email: marjorie.barber@ncdenr.gov Phone: (919) 707-8451 0 �,1, �STATF 0,, �FSSE QUA/ STATE OF NORTH CAROLINA Request for Proposal # 16-007725 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company's Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: 56-2090897 Federal ID Number or Social Security Number Restoration Systems, LLC Vendor Name dh �FSSE QUA/ STATE OF NORTH CAROLINA Request for Proposal # 16-007725 For internal State agency processing, including tabulation of proposals in the Interactive Purchasing System (IPS), please provide your company's Federal Employer Identification Number or alternate identification number (e.g. Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection. This page is to be filled out and returned with your proposal. Failure to do so may subject your proposal to rejection. ID Number: 56-2090897 Federal ID Number or Social Security Number Restoration Systems, LLC Vendor Name STATE OF NORTH CAROLINA Department of Environmental Quality Refer ALL Inquiries regarding this RFP to: Request for Proposal # 16-007725 Marjorie Barber Proposals will be publicly opened: March 6, 2019 Contract Type: Open Market Email: mariorie.barber(cDncdenr.ciov Phone: (919) 707-8451 Commodity No. and Description: 962-73 Restoration / PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: George Howard, CEO Reclamation Services of Land and other Properties Using Agency: Division of Mitigation Services DATE: 3/6/2019 EMAIL: tbylow@restoratlonSystems.Com Requisition No.: N/A EXECUTION In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor's knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub -Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E -Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. VENDOR: Restoration Systems, LLC STREET ADDRESS: 1101 Haynes Street Suite 211 P.O. BOX: ZIP: 27604 CITY & STATE & ZIP: Raleigh, NC 27604 TELEPHONE NUMBER: 919-755-9490 TOLL FREE TEL. NO: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: George Howard, CEO FAX NUMBER: 919-755-9492 VENDOR'S AUTHORIZED SIGNATUR DATE: 3/6/2019 EMAIL: tbylow@restoratlonSystems.Com Offer valid for at least 180 days from date of proposal opening. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this RFP. ACCEPTANCE OF PROPOSAL If any or all parts of this proposal are accepted by the State of North Carolina, an authorized representative of the Departmentof Environmental Quality shall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s). FOR STATE USE ONLY: Offer accept and Contract awarded this day of , 2019, as indicated on the attached certification, by (Authorized Representative of DEQ) Ver:7/1/18 Page 1 of 39 Proposal Number: 16-007725 Vendor.- Restoration Systems, LLC Table of Contents 1.0 PURPOSE AND BACKGROUND.............................................................................................4 2.0 GENERAL INFORMATION.......................................................................................................4 2.1 REQUEST FOR PROPOSAL DOCUMENT.............................................................................4 2.2 E -PROCUREMENT SOLICITATION.......................................................................................4 PRICING................................................................................................................................17 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS...............................4 DOWNWARD PAYMENT ADJUSTMENTS...........................................................................17 2.4 RFP SCHEDULE.....................................................................................................................5 INVOICES..............................................................................................................................18 2.5 MANDATORY PRE -PROPOSAL CONFERENCE...................................................................5 PAYMENT TERMS................................................................................................................18 2.6 PROPOSAL QUESTIONS.......................................................................................................6 FINANCIAL STABILITY........................................................................................................18 2.7 PROPOSAL SUBMITTAL.......................................................................................................6 FINANCIAL ASSURANCE....................................................................................................18 2.8 PROPOSAL CONTENTS........................................................................................................7 VENDOR EXPERIENCE........................................................................................................19 2.9 IMPORTANT INFORMATION AND RESTRICTIONS............................................................10 REFERENCES......................................................................................................................19 2.10 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS.............10 BACKGROUND CHECKS.....................................................................................................19 2.11 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS..........................................................10 PERSONNEL.........................................................................................................................19 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS....................................14 3.1 METHOD OF AWARD...........................................................................................................14 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ....... 15 3.3 PROPOSAL EVALUATION PROCESS.................................................................................15 3.4 EVALUATION CRITERIA......................................................................................................16 3.5 PERFORMANCE OUTSIDE THE UNITED STATES.............................................................17 3.6 INTERPRETATION OF TERMS AND PHRASES..................................................................17 4.0 REQUIREMENTS...................................................................................................................17 4.1 CONTRACT TERM................................................................................................................17 4.2 PRICING................................................................................................................................17 4.3 DOWNWARD PAYMENT ADJUSTMENTS...........................................................................17 4.4 INVOICES..............................................................................................................................18 4.5 PAYMENT TERMS................................................................................................................18 4.6 FINANCIAL STABILITY........................................................................................................18 4.7 FINANCIAL ASSURANCE....................................................................................................18 4.8 VENDOR EXPERIENCE........................................................................................................19 4.9 REFERENCES......................................................................................................................19 4.10 BACKGROUND CHECKS.....................................................................................................19 4.11 PERSONNEL.........................................................................................................................19 4.12 VENDOR'S REPRESENTATIONS........................................................................................19 Ver: 7/1/18 Page 2 of 39 Proposal Number: 16-007725 Vendor. Restoration Systems, LLC 5.0 SCOPE OF WORK.................................................................................................................21 5.1 GENERAL.............................................................................................................................21 5.2 OBJECTIVES........................................................................................................................21 5.3 TASKS...................................................................................................................................22 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES.........................................24 5.5 ACCEPTANCE OF WORK....................................................................................................25 6.0 CONTRACT ADMINISTRATION.............................................................................................25 6.1 PROJECT MANAGER AND CUSTOMER SERVICE............................................................25 6.2 DISPUTE RESOLUTION.......................................................................................................25 6.3 CONTRACT ADMINISTRATOR............................................................................................25 ATTACHMENT A: PRICING.............................................................................................................26 ATTACHMENT B: INSTRUCTIONS TO VENDORS..........................................................................27 ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS .............30 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR.........................................36 ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION...................................................37 ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION......................................................38 ATTACHMENT G: ADDITIONAL VENDOR INFORMATION............................................................39 ATTACHMENT H: TASKS AND DELIVERABLES Ver: 7/1/18 Page 3 of 39 Proposal Number: 16-007725 1.0 PURPOSE AND BACKGROUND Vendor: Restoration Systems, LLC The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. This RFP is not an offer for a Contract, nor does the Department's acceptance of any Technical/Cost Proposal guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of North Carolina. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 E -PROCUREMENT SOLICITATION ATTENTION: This is NOT an E -Procurement solicitation. Paragraph #16 of Attachment C: North Carolina General Contract Terms and Conditions, paragraphs (b) and (c), do not apply to this solicitation. 2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS It shall be the Vendor's responsibility to read the Instructions, the State's terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with in the instructions in Section 2.6 PROPOSAL QUESTIONS. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor's proposal. This applies to any language appearing in or attached to the document as part of the Vendor's proposal that purports to vary any terms and conditions or Vendors' instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor's proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor's proposal as nonresponsive. If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the State. Identification of objections or exceptions to the State's terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected. Contact with anyone working for or with the State regarding this RFP other than the State Contract Specialist named on the face page of this RFP in the manner specified by this RFP shall constitute grounds for rejection of said Vendor's offer, at the State's election. Ver: 7/1/18 Page 4 of 39 Proposal Number: 16-007725 2.4 RFP SCHEDULE Vendor: Restoration Systems, LLC The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule. Event Responsibility Date and Time Issue RFP State November 13, 2018 Hold Pre -Proposal Meeting State December 5, 2018 Submit Written Questions Vendor December 19, 2018 Provide Response to Questions State January 4, 2019 Submit Proposals Vendor March 6, 2019 Contract Award State TBD Contract Effective Date State TBD 2.5 MANDATORY PRE -PROPOSAL CONFERENCE Mandatory Pre -Proposal Conference Date: December 5, 2018 Time: 2:00 PM Eastern Time Contact #: (919) 707-8451 Instructions: It shall be MANDATORY that each Vendor representative be present for a pre -proposal conference on December 5, 2018. Attendees must meet promptly at 2:00 PM Eastern Time at North Carolina Department of Environmental Quality, Division of Mitigation Services, 217 West Jones Street, Raleigh, NC 27603. Attendance at this Pre -Proposal Conference is a prerequisite for consideration of a bidder's offer. Vendor and/or his representative must: (1) arrive prior to the scheduled start time of the Pre -Proposal Conference; Late arrivals will not be allowed to sign in or participate in the meeting (2) sign -in on the attendance sheet; and (3) sign -out upon completion of the Pre -Proposal Conference. Failure to comply with this requirement will cause offer to be rejected. The purpose of the pre -proposal conference is for all prospective offerors to acquaint themselves with the conditions and requirements of the tasks to be performed. Submission of an offer shall constitute sufficient evidence of this compliance and no allowance will be made for unreported conditions that a prudent offeror would recognize as affecting the performance of the work called for in this solicitation. Offeror is cautioned that any information released to offeror other than during the pre -proposal conference which conflicts with, supersedes, or adds to requirements in this solicitation, must be confirmed by written addendum before it can be considered part of this solicitation document. Vendor bidding otherwise does so at his own risk. Each offeror is permitted to send no more than (2) people to the conference. Only one (1) representative per offeror is allowed to sign both the sign -in and sign -out sheet (the representative that signed in must also sign out). Only one (1) pre -determined, pre -proposal conference will be held; individual pre -proposal conferences are not allowed. The purpose of this pre -proposal conference is for all prospective Vendors to apprise themselves with the conditions and requirements which will affect the performance of the work called for by this Request for Proposals. Vendors must stay for the duration of the pre -proposal conference. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this proposal. Vendors are cautioned that any information released to attendees during the pre -proposal conference, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this Request for Proposal, must be confirmed by written addendum before it can be considered to be a part of this proposal. Ver: 7/1/18 Page 5 of 39 Proposal Number: 16-007725 2.6 PROPOSAL QUESTIONS Vendor: Restoration Systems, LLC Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be emailed to marjorie.barber(@ncdenr.gov by the date and time specified above. Vendors should enter "RFP #: 16-007725: Questions" as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below: Reference Vendor Question RFP Section, Page Number Vendor question ...? Questions received prior to the submission deadline date, the State's response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.7 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or Services as described herein. Mailing address for delivery of proposal via US Postal Service PROPOSAL NUMBER: 16-007725 NC DEQ - DIVISION OF MITIGATION SERVICES ATTN: MARJORIE BARBER 1652 MAIL SERVICE CENTER RALEIGH, NC 27699-1652 Office Address of delivery by any other method (special delivery, overnight, or any other carrier) PROPOSAL NUMBER: 16-007725 NC DEQ - DIVISION OF MITIGATION SERVICES ATTN: MARJORIE BARBER 217 WEST JONES STREET, SUITE 3409-J RALEIGH, NC 27603 IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected. Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein. Note that the U.S. Postal Service generally does not deliver mail to specified street address but to the State's Mail Service Center. Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered by the Mail Service Center to the agency's purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this RFP shall NOT be accepted. Ver: 7/1/18 Page 6 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC a) Submit one (1) signed, original executed Technical Proposal responses, and four (4) photocopies, (All 5 Must Be Placed in Separate - 3 -Ring Binders or Notebooks and Include Section Tabs). Original responses must be labeled. b) Submit one (1) redacted electronic (Proprietary and Confidential Information Excluded) copies of the executed Technical Proposal on one (1) USB flash drive simultaneously to the address identified in the table above. The electronic files shall NOT be password protected, shall be in .PDF or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel. Technical Proposal must list any proprietary information identified as confidential and proprietary in accordance with Attachment A, Paragraph 11 of the Instructions to Vendors. The Division of Mitigation Services, in responding to public records requests, will release the information provided. It is the sole responsibility of the Vendor to ensure that this information complies with the requirements of Paragraph 11 of the Instructions to Vendors c) Submit the ArcGIS format of the boundaries of the proposed project on the USB flash drive containing the technical proposals described above. The boundary can be the proposed easement(s), or general project area. NCDMS expects that the submitted file will match closely the project area(s) shown in the project proposal location map. Jh,g file must be in ArcGIS format and must be oroiected in the State Plane Coordinate System (NAD 83) usina a base unit of meters or feet. It is preferred that the *.prj file holding the coordinate system information be included in the file. The table for the ArcGIS file must contain the following. • Site _Name- (List as named in proposal report) • Company- (Vendor) • Project—Type- (Stream, Wetland, Buffer or Combination) • Coordinate_System- (SP Meters or SP Feet) d) Submit your technical proposal in a sealed package. Clearly mark each package with: (1) Sealed Technical Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. e) Submit one (1) signed, original executed cost proposal responses and one (1) photocopy (All must bela aced in one separately sealed envelope). All cost proposal response packages must be clearly marked with (1) Sealed Cost Proposal (2) the RFP number, (3) the Due Date and Time, (4) Vendor Name and Address, (5) the River Basin and Cataloging Unit for which the proposal response is being submitted, and (6) the Site Name and Type of Mitigation being proposed. If Vendor is submitting more than one (1) cost proposal option, each response shall be submitted in a separately sealed envelope and marked accordingly. For delivery purposes, separately sealed envelopes from a single Vendor may be included in the same outer package. NOTE: All Technical and cost proposals must constitute a firm, irrevocable offer for a period of at least six (6) months beyond the specified "Opening Date" for this RFP. 2.8 PROPOSAL CONTENTS Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order: Ver: 7/1/18 Page 7 of 39 Proposal Number: 16-007725 Vendor.. Restoration Systems, LLC a) COVER LETTER b) TITLE PAGE: Include the company name, address, phone number and authorized representative along with the Proposal Number. c) EXECUTION PAGES and any ADDENDA released in conjunction with this RFP that requires the Addenda to be returned. These must be completed and signed. Failure to comply will result in your bid being disqualified. d) EXECUTIVE SUMMARY: The executive summary shall consist of highlights of the general contents of the proposal, and shall clearly state the anticipated mitigation type and amount of credits proposed. If the Vendor is proposing multiple mitigation options, each option must be specifically described in this section. (Submitted Mitigation credits as stated in the Executive Summary must match the credit tables shown in the Technical approach section of the submittal. This credit total also must match the amount on the Sealed Bid Proposal (attachment A). e) CORPORATE BACKGROUND AND EXPERIENCE: This section shall include background information on the firm submitting the proposal, the firm's ability to carry out all phases of the proposal, information concerning similar mitigation projects completed in North Carolina and other states, the firm's office location(s), the experience of the project manager, the firm's multidisciplinary approach to the project, the resumes of key personnel for the primary Vendor and sub -vendors, and DBE/HUB participation. f) PROJECT ORGANIZATION: This section must include the proposed staffing, deployment, and organization of personnel to be assigned to this project. The Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. g) TECHNICAL APPROACH: This section shall include and be completed in the following sequence: • Project Goals and Objectives- Specifically describe how the proposed project will address the watershed goals identified in the River Basin Restoration Plan (RBRP) applicable to the project area, and the objectives that will be used to accomplish those goals. RBRPs can be found at: https://deg.nc.gov/abouVdivisions/mitigation-services/dms-planning/watershed-planning-documents searchable by river basin. Unless otherwise specified in the RFP, the proposed ecological benefits and functional uplift the project could provide may be determined at the discretion of the Vendor. If a proposed site addresses more than one of the watershed goals, it will be taken into consideration in the site rating. • Project Description- Provide a detailed description of the project including, but not limited to a description of the site in its existing condition; watershed (including County and 14 -digit Hydrologic Unit) and its condition; soils and geology; anticipated cultural resources, protected species issues and known site constraints (i.e. other easements, crossings, site access, etc.). Note: due to concerns regarding waterfowl attraction in the vicinity of air transport facilities, the project description must include a site location map that identifies any air transport facility located within 5 miles of the project site. The presence of an air transport facility will not exclude the proposal from consideration. ■ The proposal shall include a map(s) with topographic background that includes mapping of proposed mitigation areas (Restoration, Enhancement, etc.) Project Development — Describe in detail the means by which the proposed changes will be made. Describe in detail reasons for the anticipated activities and why these activities are warranted to the level proposed. Clearly state the anticipated ecological uplift for each activity on the project. The project development description must include: ■ A general description for all stream crossings, fords, roads etc. The description must include the location, width, and type of crossing (ford, culvert, bridge etc.). Crossings that utilize bridges and/or culverts with fencing that permanently prevent livestock access both upstream and downstream of the crossing (so that livestock exclusion is not dependent on the use of gates) provide better protection of the riparian area, and possibly gaining more points on the Technical Proposal Scoresheet. Ver: 7/1/18 Page 8 of 39 Proposal Number: 16-007725 vendor.• Restoration Systems, LLC Proposed Mitigation - Provide a description of the mitigation credits proposed. Include an explanation of how the proposed credits were derived and a table of anticipated mitigation credits. The table should include a total for each type of mitigation (i.e. restoration, etc.) being offered. If multiple options are proposed, a table for each option should be provided. Current Ownership and Long Term Protection - Identify the ownership of all parcels which will be affected by the project. Include the landowners name and parcel number and the proposed method for providing long term protection of the mitigation site. The long term protection may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non- profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. In this section of the technical proposal it should be clearly stated that conveyance of a conservation easement to the State is the method that will be used to provide long term protection of the mitigation site. ■ A signed option agreement valid for a period of at least one -hundred eighty (180) days from the closing date of this RFP, prepared in accordance with NCGS Chapter 47G-2, and recorded in the applicable County(ies), or other suitable documentation of real property interest must be provided for each parcel. • Project Phasing — Provide a complete schedule for completing the tasks for the project as identified in this RFP. Describe methods for completing these tasks. The proposed schedule must be based on completion of the project (seven (7) year monitoring period) within the ten (10) year contract period. The proposed schedule should be based on the number of months (from contract issuance) needed to complete each of the tasks listed in the scope of work. Success Criteria — Identify specific performance standards that are anticipated to be utilized to measure success of the project. The success criteria must be directly related to the anticipated ecological uplift identified in paragraph Project Development above. Quality Control — This section shall describe the Vendor's quality control program and other procedures that will be used to ensure: 1) each deliverable (i.e. mitigation plan, baseline monitoring document, monitoring report, etc.) is submitted in accordance with the schedule established in the technical proposal, it follows the format(s) established by NCDMS, it contains all required information, and is grammatically/typographically correct; and 2) sufficient oversight is provided during the construction/planting phase so that the project is completed on schedule and is in compliance with any required federal, state or local permit(s). Maps diagrams, and/or photographs may be used to supplement the text and may be printed on one side. However, the Technical Proposal should not exceed a total of 50 pages printed front to back (100 - page limit) and each shall be submitted within a three ring binder with section tabs. Photographs, maps and diagrams will count toward the 100 pages. If a technical proposal does not meet all the Department's requirements, it will be rejected and the corresponding sealed cost proposal will not be opened. g) ATTACHMENT A: PRICING (COMPLETED, SIGNED AND SEPARATELY SEALED) h) ATTACHMENT B: INSTRUCTIONS TO VENDORS i) ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS j) ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR (COMPLETED) i) ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION (COMPLETED AND SIGNED) j) ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION (COMPLETED) k) ATTACHMENT G: ADDITIONAL VENDOR INFORMATION (COMPLETED) 1) TECHNICAL SCORESHEET — COMPLETED (OPTIONAL) Ver: 7/1/18 Page 9 of 39 Proposal Number: 16-007725 Vendor.• Restoration Systems, LLC 2.9 IMPORTANT INFORMATION AND RESTRICTIONS a) The DMS recognizes that a Vendor(s) might not be able to find one site that provides the total amount of mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the following categories: ■ One or more sites providing all of the requested mitigation credits; or ■ One or more sites providing a portion of the requested mitigation credits. b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that multiple mitigation options are being offered for a site, and specifically describes each option, the Department shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount indicated in the proposal. c) Proposals will NOT be accepted using the following types of sites: 1. Property purchased with Clean Water Management Trust Fund monies 2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Program, Wetlands Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP 3. Property that has been used for compensatory mitigation under Section 404 and/or 401 of the Clean Water Act 4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation needs by any state agency 5. Properties that are controlled by any federal agency 6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re- alignment) in violation of federal or state rules or statutes. d) Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this RFP. As stated in the TASKS Section, long-term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina. 2.10 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, & MAPS The latest required report templates, technical scoresheets, target watersheds and mapping and applicable to this RFP are found at: https://deg.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-templates 2.11 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS Adjusted Credit Cost — The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credit, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits. Agencies — The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on proposed compensatory wetland, stream, riparian buffer or nutrient offset mitigation. As -Built Drawings — Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all implementation activities have been completed. Baseline Monitoring Document — A written document, supplemented with graphics (including as -built drawings), that describes in detail the implemented mitigation site, the goals established for the project, how it was Ver: 7/1/18 Page 10 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by which its success will be determined. Cataloging Unit ("CU") — A geographic area representing part or all of a River Basin and identified by an 8 -digit number as depicted on the "Hydrologic Unit Map —1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey". Categorical Exclusion — Categories of actions that do not individually or cumulatively have a significant effect on the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. The Categorical Exclusion will be satisfied by completing the Categorical Exclusion Action Form and Document. The Categorical Exclusion must be approved by the Federal Highway Administration (FHWA). Coastal Wetland — As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA Handbook for Development in Coastal North Carolina — Section 2(A)(4) found at: http://Portal.ncdenr.org/web/cm/1 04 Closeout Report — A component of the final year of the Monitoring Report that provides an assessment of the monitoring data collected from the entire monitoring period to demonstrate attainment of success criteria. Conservation Easement — A restriction landowners voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the "holder" of the easement. The State of North Carolina must receive from the landowner a conservation easement as prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects. Credit — A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced or preserved. Credit Cost — Total bid cost divided by the number of offered credits for each type of mitigation. Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the successful implementation of the approved Mitigation Plan, including construction and post -construction monitoring. Department — The North Carolina Department of Environmental Quality (NCDEQ) Division of Financial Services — Contracting arm of NCDEQ. Division of Water Resources -Division in NCDEQ that is responsible for state water quality regulations. DOA/P&C — The North Carolina Department of Administration, Division of Purchase and Contract. Financial Assurance — Financial security assuring the ability of the provider to deliver the contracted for mitigation credits. Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance. Hydrologic Unit ("HU") — A geographic area representing a portion of a Cataloging Unit as depicted on the "Hydrologic Unit Map — 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey," and identified by a 14 -digit number. Interagency Review Team (IRT) — A group of federal, tribal, state, and/or local regulatory and resource agency representatives that review documentation for, and advises the USACE district engineer on the establishment and management of a stream and/or wetland mitigation bank or an in -lieu fee program. Intermittent Stream — A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http://portal.ncdenr.orq/web/wq/swp/ws/401 /waterresources/streamdeterminations Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual. Ver: 7/1/18 Page 11 of 39 Proposal Number: 16-007725 Vendor.. Restoration Systems, LLC Local Watershed Plan — an NCDMS watershed plan that is conducted in specific priority areas (typically one or more TLWs) where NCDMS and the local community have identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found by County or River Basin at: https://deg.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents Long Term Protection — as defined in the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations — Section 332.7 Management, the Long Term Protection of a mitigation site 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. The use of conservation easements and/or restrictive covenants must receive prior approval by the United States Army Corps of Engineers (USACE) — District Engineer. As noted in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient protection. Mitigation Plan — A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project. Monitoring Report — A written document, supplemented with graphics due on December 1st of each year during the seven (7) year monitoring period following the completion of construction. This report contains results of the measured success criteria as defined in the Baseline Monitoring Document. NCDMS — The North Carolina Division of Mitigation Services. Non -Riparian Wetland — An area underlain with hydric soils that is NOT located in a geomorphic floodplain or natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments. Non -Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non - riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)). Opening Date — The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to NCDMS. Proposals will not be accepted by NCDMS after the opening date/time. Perennial Stream — A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1, 2010. This manual can be found at: http://Portal.ncdenr.org/web/wq/swp/ws/401 /waterresources/streamdeterminations Preliminary Findings Report — An NCDMS report that is developed during the Local Watershed Planning process that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat and hydrologic functions. Project Area — For the purposes of this RFP, project area is defined as the area within the proposed conservation easement for the project. Project Milestones — A deliverable, such as a document or completed action that signifies that the endo of a task in the Scope of Service. Property— A Site may be comprised of one or more pieces of real Property owned by one or more individual. Proposal — The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a Sealed Technical Proposal. Proposed Project - a site that is in a pre -construction state and that is not associated with, or a part of, an approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP. Ver: 7/1/18 Page 12 of 39 Proposal Number: 16-007725 Vendor.- Restoration Systems, LLC Proposal Rating ("PR") — A value (number) that is calculated for each Proposal based upon the evaluation of the Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points. Proposal Review Committee ("PRC") - A committee established by the NCDMS to review and evaluate each Proposal received and to make recommendations to the NCDMS Director and Procurement Manager. Release of Credits — means a determination by the USACE district engineer in consultation with the IRT (or DWR for riparian buffer and nutrient offset), that credits associated with an approved mitigation plan are available for sale or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705). RFP — Request for Proposals; the document issued by the Department to solicit Proposals from interested Vendors. Riparian Buffer Mitigation Credit- The unit of measurement of the extent of riparian buffer mitigation being offered in a Proposal. Riparian Wetlands — An area that is underlain with hydric soils and located within a geomorphic floodplain or natural crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size. River Basin — The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina. River Basin Restoration Priorities - A planning document prepared by the NCDMS that targets specific watersheds (TLWs) with descriptions of existing degradation and protection needs for restoration project implementation. Unless otherwise stipulated in the RFP, NCDMS requires mitigation sites to be located in these targeted local watersheds (i.e. hydrologic units). Scope of Services — All services, actions, and physical work required by the Department to achieve the purpose and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated. Sealed Cost Proposal — The completed Sealed Cost Proposal form included in the RFP signed by the Vendor specifying the total compensation requested for the performance of the specified scope of services as defined by the RFP. If more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Vendor is willing to offer multiple options (i.e. different quantities of mitigation at different credit costs) for one proposed site, a separate Cost Proposal must be submitted for each option offered. Service Area — 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to satisfy permit requirements. 2) A geographic area where a mitigation requirement can be satisfied. Site — Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland, stream, buffer or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic connectivity and/or habitat continuity such that the functional relationships between the project components, encompassed within each parcel is evident. DMS shall have the sole discretion to determine whether the project components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project proposal. Stream Mitigation Credit — The unit of measurement of the extent of stream mitigation being offered in a Proposal. Targeted Local Watershed (TLW) — A 14 -digit Hydrologic Unit identified as a targeted area in the RFP. These are preferred locations for mitigation projects because they may have environmental characteristics that can be improved through restoration projects. Targeted Resource Area (TRA) — a unique or substantial important asset, opportunity, or function located within a defined area. TRAs can include targeted assets or targeted opportunities. These are identified by analyzing spatial data representing assets, problems, and opportunities that manifest as patches of significance at a smaller scale than the 12- or 14 -digit hydrologic units. These are analogous to TLWs; however, TRAs have defined boundaries based on an area of influence or an area of habitat extent NOT necessarily defined by a watershed boundary. Ver: 7/1/18 Page 13 of 39 Proposal Number: 16-007725 vendor.• Restoration Systems, LLC Technical Proposal — One of the two parts of the Proposal which contains a technical description of the proposed mitigation. USACE — United States Army Corps of Engineers, Regulatory Branch, Wilmington District USGS — United States Geological Survey. Vendor — A private agency, corporation, firm, organization, business, or individual offering to provide qualified professional or specialized services to the Department; if two or more private agencies, corporations, organizations, businesses or individuals join together in a prime vendor/sub-vendor relationship to submit a Proposal, the Department will consider the prime vendor to be the Vendor; only the Vendor may enter into a Contract with the Department (The words 'Vendor' and 'Contractor' are used interchangeably for this RFP). Wetland Enhancement - means the manipulation of the physical, chemical and biological characteristics of a site to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Wetland Preservation - means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes those activities normally associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain in aquatic resource area or functions. Wetland Restoration - means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is divided into two categories: Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and Wetland Rehabilitation. Wetland Re-establishment — means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and function. Wetland Rehabilitation — means the manipulation of the physical, chemical and biological characteristics of a site with the goal of returning most, if not all of the natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Wetland Mitigation Credit—The unit of measurement of the extent of wetland mitigation being offered in a Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS 3.1 METHOD OF AWARD Contracts will be awarded in accordance with G.S. 143-52 and the evaluation criteria set out in this solicitation. Prospective Vendors shall not be discriminated against on the basis of any prohibited grounds as defined by Federal and State law. All qualified proposals will be evaluated and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the criteria described below. The NCDMS Procurement Manager and the Director, will analyze the ranked sites, determine the proposal selections and submit recommendations to the Department of Administration, Purchase & Contract section, as required, for approval, taking into account the following information: ■ adjusted credit cost ■ credit cost ■ available funds ■ mitigation needs at the time of selection ■ the best interest of the State of North Carolina Ver: 7/1/18 Page 14 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC While the intent of this RFP is to award a Contract(s) to single Vendor, the State reserves the right to make separate awards to different Vendors for one or contracts, to not award one or more contracts or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so. The status of a Vendor's E -Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an E -Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State's discretion, be disqualified from further evaluation or consideration. The State reserves the right to waive any minor informality or technicality in proposals received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub -contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency head, members of the general assembly and/or governor's office), or private entity, if the communication refers to the content of Vendor's proposal or qualifications, the contents of another Vendor's proposal, another Vendor's qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State's discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor's proposal may be disqualified if its sub -contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision. 3.3 PROPOSAL EVALUATION PROCESS The State shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The State will conduct a Two -Step evaluation of Proposals: Proposals will be received from each Vendor in two separate, sealed packages - the Technical Proposal and the Cost Proposal. Each original of both proposals (Technical and Cost) shall be signed and dated by an official authorized to bind the firm. Unsigned proposals will not be considered. NOTE: No technical information shall be contained in the cost proposal. No cost information shall be contained in the technical proposal. Inclusion of any cost information in the technical proposal and/or any technical information in the cost proposal shall constitute sufficient grounds to reject Vendor's proposal. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. At that date and time, the package containing the technical proposals from each responding firm will be publicly opened and the name of each Vendor announced publicly. A notation will also be made whether a separate sealed cost proposal has been received. Cost proposals will be placed in safekeeping until opened at a later date. All technical proposals will be evaluated prior to opening any cost proposal. Ver: 7/1/18 Page 15 of 39 Proposal Number: 16-007725 Vendor.- Restoration Systems, LLC Upon completion of the technical evaluation, the cost proposals of those Vendors whose technical proposals have been deemed acceptable will be publicly opened. The total cost offered by each firm will be tabulated and become a matter of public record. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor's pricing position. At their sole option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not; therefore, all proposals must be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed section 3.4 EVALUATION CRITERIA, below. Vendors are cautioned that this is a request for proposals, not a request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State. The State reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with the State, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory. Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State. 3.4 EVALUATION CRITERIA All qualified proposals will be evaluated and award made based on considering the following criteria, to result in an award most advantageous to the State. A proposal may be rejected during any phase of review if the PRC determines that the proposal has not provided the requested information in the specified format, has determined that the firm is not qualified to perform the services, and/or if it has been determined that the proposal cannot provide the mitigation indicated in the proposal. Each proposal will be reviewed and assigned a proposal rating prior to opening any cost proposal. Proposals will generally be evaluated according to completeness, content, experience with similar projects, ability of the offeror and its staff, and cost. Specific evaluation criteria are listed below. Technical a) Technical Proposals will be reviewed for length, format requirements and qualifications of firm and project approach by the Contract Administrator and Purchasing Agent. Only vendors who meet these initial qualifications will move forward. b) Upon completion of the initial review, a field review and evaluation of the proposed site will be conducted by the PRC. c) Each Vendor will be scored based on the Technical Scoresheet. Price a) Sealed cost proposals for all proposals still under consideration will be opened and tabulated. b) The adjusted credit cost is a combined technical and cost measure, and used for ranking sites. This is a best value determination by NCDMS after evaluating all factors in the technical proposal and then evaluating the cost proposal. The adjusted credit cost will be calculated and determined using the following formula: Credit Cost _ Proposal Rating (Technical Score) Each site will be ranked by the lowest adjusted credit cost. Ver: 7/1/18 Page 16 of 39 Proposal Number: 16-007725 vendor.• Restoration Systems, LLC 3.5 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State: a) Total cost to the State b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the State's information and intellectual property e) Availability of pertinent skills f) Ability to understand the State's business requirements and internal operational culture g) Particular risk factors such as the security of the State's information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.6 INTERPRETATION OF TERMS AND PHRASES This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as "shall," "must," and "requirements" are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department's needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 2.6. 4.1 CONTRACT TERM The Contract shall have maximum term of up to 10 years, beginning on the date of contract award (the "Effective Date"). The Vendor shall begin work under the Contract within seven (7) business days of the Effective Date. 4.2 PRICING Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT A: PRICING FORM and include in Proposal. 4.3 DOWNWARD PAYMENT ADJUSTMENTS Payment by the Department will be based on the number of credits the vendor is able to provide at the credit price first established by the cost proposal pursuant to the proposal review process and credits identified in the technical proposal. In order to ensure that the Department does not overpay at the end of the process, periodic adjustments may be made so that the final total payment equals the final number of mitigation credits, as determined by the IRT, delivered by the vendor multiplied by the original per credit price. Payment adjustments may be made after the initial contract is executed based on the number of mitigation credits the project is anticipated to provide as documented after contract execution, including but not limited to: completion of the mitigation plan; site restoration (earthwork/planting), completion of the Ver: 7/1/18 Page 17 of 39 Proposal Number: 16-007725 Vendor.- Restoration Systems, LLC baseline monitoring document; the post construction monitoring period, and/or after final determination of mitigation credits by the IRT. 4.4 INVOICES a) Invoices are to be submitted to the NCDMS after its approval of each individual task/deliverable. b) The Vendor must follow the NCDMS Invoice Guidelines dated March 1, 2014. c) Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. d) Invoices must bear the correct contract number to ensure prompt payment. The Vendor's failure to include the correct contract number may cause delay in payment. e) Invoices must be submitted to the following address: NC Department of Environmental Quality Division of Mitigation Services Attn: Debby Davis 1652 Mail Service Center Raleigh, NC 27699-1652 4.5 PAYMENT TERMS a) The Vendor will be compensated at the rates quoted in the Vendor's Cost Proposal (as per the Payment Schedule provided in Section 5.4). b) The Vendor will be paid net thirty (30) calendar days after the Vendor's invoice is approved by the State 4.6 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.7 FINANCIAL ASSURANCE The vendor must provide financial assurance in one of the following forms: 1) Performance Bonding — The vendor must provide security in the form of an acceptable performance bond as described in the following paragraph to guarantee delivery of the maximum number of originally contracted credits. The performance bond must be obtained from a company licensed in North Carolina as shown in the Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a surety may not exceed the "underwriting limitation" for the surety as identified in the Federal Treasury Listing. Although this RFP is a request for mitigation and not construction, the performance bond shall follow the prescribed wording provided in N.C.G.S. § 44A-33. The performance bond must be for 55% of the total value of the contract and must be in effect and submitted with the Task 3 deliverable before DMS will authorize payment for that deliverable. The bond must remain in effect until the vendor has received written notification from the DMS that the requirements of Task 6 (submittal of baseline monitoring report) have been met (the financial assurance document must indicate that it is in effect through approval of task 6 and must include the NCDEQ contract number). After the successful completion of Task 6, the bond can be retired. 2) Letters of Credit- LDCs must be drawn from a reputable bank identified by the FDIC as "Well Capitalized" or "Adequately Capitalized" and follow the submittal timing, contract amounts and schedules for reduction as those described above for the performance bonds. Evergreen or irrevocable LOCs shall be required to provide a 120 -day notice of cancellation, termination or non -renewal. Ver: 7/1/18 Page 18 of 39 Proposal Number: 16-007725 Vendor.- Restoration Systems, LLC 3) Casualty Insurance on underlying performance of credits of mitigation, must follow the same submittal timing, contract amounts and reduction schedules as those described above in performance bonds. The insurance must contain the following information: a. The "NCDEQ DMS," the contract number and the Insured Property must be named in the insurance document. NCDEQ shall have the sole right to place a claim against the policy, b. Casualty Insurance can be written effective for one year, but notice from the Vendor, stating that it is currently in the process of replacing the current policy, must be submitted to NCDMS at least one month before policy expiration date. 4.8 VENDOR EXPERIENCE In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. 4.9 REFERENCES The State reserves the right to request and verify references. Upon request, references must be submitted within 3 business days. Failure to provide references will cause your proposal to be rejected. 4.10 BACKGROUND CHECKS Vendor and its personnel are required to provide or undergo background checks at Vendor's expense prior to beginning work with the State. As part of Vendor background the details below must be provided to the State: a) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term "regulatory sanctions" includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings; b) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide Services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none. Vendor's responses to these requests shall be considered to be continuing representations, and Vendor's failure to notify the State within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing Services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform Services under this contract. 4.11 PERSONNEL Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor's recommended substitute personnel. The State will approve or disapprove the requested substitution in a timely manner. The State may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, the State may request acceptable substitute personnel or terminate the contract services provided by such personnel. 4.12 VENDOR'S REPRESENTATIONS a) Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner. "Professional manner" means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that Ver: 7/1/18 Page 19 of 39 Proposal Number: 16-007725 vendor.• Restoration Systems, LLC may be approved by the State. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor's obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). b) If any Services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor's proper performance, provision and delivery of the service and deliverables under this Contract, or are an inherent part of or necessary sub -task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. c) Vendor warrants that it has the financial capacity to perform and to continue perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction. Ver: 7/1/18 Page 20 of 39 Proposal Number: 16-007725 5.0 SCOPE OF WORK Vendor.- Restoration Systems, LLC 5.1 GENERAL The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state's water resources. This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. 5.2 OBJECTIVES The Department desires to acquire Mitigation Credits quantified in the table below and occurring within the service areas for Cataloging Unit 06010108 of the French Broad River Basin (which can be found on the DMS website at the following link: https://deg.nc.gov/about/divisions/mitigation-services/dms-vendors/rfp-forms-templates). RIVER BASIN CATALOGING UNITS French Broad 06010108 Credits Shall Meet a Mitigation Requested Credits Thermal Minimum Restoration Type Regime Credits Shall Not Exceed Percentage of Total Preservation Percentage Credits Offered Stream 4,000 COLD 10 % of total CREDITS n/a Riparian Wetland OPTION n/a n/a Non -Riparian Wetland n/a n/a n/a Riparian Buffer n/a n/a n/a DMS is not seeking Riparian Wetland credits at this time. On the Cost Proposal form (Attachment A), there is a line for an optional riparian wetland credit cost. If DMS has a riparian wetland credit need during the contracted project lifetime, an amendment can be made to the contract payable to the contracted vendor for the amount per credit delivered (and accepted by the IRT) as indicated by the optional cost. Vendors must provide an optional cost for Riparian Wetland credits if they wish DMS to purchase these credits from the vendor. General Mitigation Information Stream Mitigation: The definitions of stream restoration, enhancement levels I and II, and preservation are defined in the Stream Mitigation Guidelines (U.S. Army Corps of Engineers, Wilmington District, April, 2003) available on their website. For the purposes of this RFP (the technical proposal, and any contract(s) that may result from this RFP), all mitigation must be consistent with 2003 USACE Stream Mitigation Guidelines and the Wilmington District Stream and Wetland Compensatory Mitigation Update (NCIRT-October 24, 2016). Wetland Mitigation: Information, including soil boring logs prepared by a Licensed Soil Scientist (LSS), must be provided in the technical proposal to demonstrate that areas proposed for restoration consist predominantly of hydric soils, and: 1. Are not currently jurisdictional wetlands as defined in the 1987 US Army Corps of Engineers Wetland Delineation Manual and USACE regional supplements, and that are devoid of the proper community type of vegetation (Wetland Re-establishment). 2. Are degraded (poorly functioning) jurisdictional wetlands that have been drained or otherwise manipulated resulting in a significant loss of wetland function (Wetland Rehabilitation). Wetland Rehabilitation should restore most, if not all natural and/or historic functions to a degraded wetland. Ver: 7/1/18 Page 21 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC 3. Are degraded (poorly to moderately functioning) jurisdictional wetlands that have been manipulated resulting in a loss of wetland function (Wetland Enhancement) — Wetland Enhancement results in the gain of selected wetland function(s), but may also lead to a decline in other aquatic resource function(s). 5.3 TASKS Task deliverables must meet the latest required report templates described in Section 2.10. Deliverable quantity, format, and method of delivery are provided in Attachment H. The Vendor may elect to complete Task 3 (site specific Mitigation Plan), including the requirement for financial assurance (See FINANCIAL ASSURANCE section) prior to completion of Task 2. Task 1 Environmental and Project Screening: 1. Conduct an on-site meeting with the IRT and DMS to discuss proposed mitigation plan and obtain concurrence on planned work and crediting. Document and distribute site visit through notes and receive approval via communication from IRT (e-mail or letter). 2. Follow procedure from most recent DMS and FHWA 'Environmental Screening and Documentation Guidelines for DMS Projects' for compliance with environmental laws and regulations. This screening tool and associated documentation must be reviewed and approved by DMS and FHWA to meet categorical exclusion requirements and demonstrate project will not have a significant environmental impact. 3. If applicable, provide a signed and dated DMS Full Delivery Landowner Authorization form prior to post - contract site visit in accordance with USACE requirements. 4. If applicable, satisfy the public notification process in accordance with USACE requirements. Task 2 Property: Step One: Preliminary Process and Review The Vendor shall provide the following task deliverables associated with the conservation easement(s): Draft Conservation Easement • Use the latest conservation easement template found on the DMS website. • The Vendor shall convey to the State of North Carolina the rights to all mitigation, including but not limited to, stream, wetlands, riparian buffer, and nutrient offset mitigation credits derived from each site and within the area of the conservation easement. • The easement boundary must mimic the boundary provided within the technical proposal within reason. Any variations must be communicated to the DMS Project Manager. • The Vendor must provide a copy of the conservation easement to the landowner, and be aware of tax implications such as NC General Statute 105-277.4 which addresses county agricultural deferred taxes that may be incurred at closing. Preliminary Survey Plat • All surveys shall meet the Standards of Practice for Land Surveying in North Carolina as described in Title 21, Chapter 56, of the North Carolina Administrative Code. As such, surveys and digital files shall be tied to the North Carolina State Plane Coordinate System NAD83 (NSRS2007). • The survey title block shall read, "Conservation Easement Survey for the State of North Carolina, Division of Mitigation Services." The title block shall also contain the project name, SPO number, DMS Project number, name of the owner, location, date surveyed, scale of the drawing, name, address, registration number and seal of the surveyor. • A table of coordinates (northing and easting) for all property corners, numbered consecutively, must be included on the plat. If multiple parcels comprise a single project, assign a unique number for each property corner within the project. • A text metes and bounds must be provided for recordation with the conservation easement. • The Vendor shall show the following that exist within 100 feet of the easement boundary: roads or trails, property corners, nearby easements, dwellings, roadways, streams and creeks, manholes, poles, and right-of-ways. • The landowner(s) or his/her legal representative must sign the recorded plat. Ver: 7/1/18 Page 22 of 39 Proposal Number: 16-007725 Vendor.. Restoration Systems, LLC • Access to the easement area must be shown, with location and width depicted by a dotted line and note on the recorded plat. 3. Draft attorney's report on title based on a 30 -year title search with all supporting deeds and documentation • Each conservation easement conveyed must have good, marketable title free of liens and encumbrances. 4.Title attorney's "Schedule A" with any documents describing possible exceptions to title and exhibits. Step Two: Approval for Closing 1.SPO and DMS will review and issue written approval to record after documents meet requirements. 2.The Vendor shall record the final approved easement and plat and obtain all necessary approvals from the County Review Officer. Step Three: Task 2 Payment The Vendor will complete the six (6) listed deliverables. 1. Recorded Conservation Easement 2. Recorded Survey Plat 3. Final attorneys report on title based on 30 -year search with deeds and documentation. 4. Original title insurance policy shall be forwarded to SPO immediately upon availability 5. Provide the name, address, phone number, and e-mail address (if available) of each grantor (via electronic communication) to SPO and DMS. 6. Install survey monumentation and conduct boundary marking with the following specifications in accordance with NCBELS: The Vendor shall set 5/8" rebar 30" in length with 3-1/4" aluminum caps on all easement corners. Caps shall meet DMS specifications (Berntsen RBD5325, imprinted with NC State Logo # B9087 or equivalent). After installation, caps shall be stamped with the corresponding number from the tableof coordinates on the survey. The Vendor shall place a 6 -foot tall durable witness post at each corner in the conservation easement boundary. Posts shall be made of material that will last a minimum of 20 years. The Vendor shall attach a conservation easement sign to each witness post and place additional signs at no more than 200 -foot intervals on long boundary lines. When applicable, the Vendor can mark existing trees (>3dbh) with conservation easement signs and/or blaze property lines at approximate eye level in lieu of line posts. Where applicable, established fence posts can be used for placement of signage. ALLOWANCES: 1. The vendor may elect to install boundary marking during Task 6 preparation. No payment for Task 6 will be approved prior to installation. 2.The original title insurance policy(ies) must be received prior to payment for the Task 6 deliverable. TASK 3 Develop a site-specific Draft mitigation plan, as appropriate for each site and submit it to the DMS for review, comment, and approval. Submit a Final Draft mitigation plan for IRT review. Submit a Final mitigation plan with PCNs for permitting. FINANCIAL ASSURANCE is also due as part of this deliverable. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. TASK 4 Secure any necessary permits and/or certifications (i.e. Erosion and Sedimentation Control permit, etc.). Submit applicable permits, certifications, etc. to DMS prior to implementation of the earthwork portion of the mitigation project. Upon completion of earthwork, notify DMS in writing of completion date. Ver: 7/1/18 Page 23 of 39 Proposal Number: 16-007725 Vendor.- Restoration Systems, LLC TASK 5 Complete planting of the mitigation site and install all monitoring devices/plots. Vegetation must be planted at least six months before vegetation monitoring activities are conducted at the end of the growing season. Upon completion of planting and installation of monitoring devices/plots, notify DMS in writing of completion date. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. TASK 6 Prepare the baseline monitoring document and as -built drawings. The as -built drawings (final record of project construction) should be submitted with the following criteria: a. Pre -Construction Plan design b. As -built survey (on same sheets as Pre -Construction Plan design) C. Must bear Professional Land Surveyor (PLS) seal and/or Professional Engineer (PE) seal where applicable d. Annotation and corrections of the Pre -Construction Plan design Deliverables will not be approved without strict adherence to the current version of the DMS digital drawing guidance. TASKS 7-13 Monitor the mitigation site as stipulated in the mitigation plan and baseline monitoring report to assess the success of the restored site for a period of at least seven (7) years. Each annual monitoring report must be submitted to the DMS by December 1St of the year during which the monitoring was conducted. The 7th year monitoring report (or final year in cases where monitoring has been extended beyond 7 years) must include a closeout report that provides an assessment of the monitoring data collected from the entire monitoring period. The Vendor must attend preparation closeout meetings, and present the final project to the IRT in closeout office/onsite meetings. Deliverables will not be approved without the strict adherence to the current version of the DMS digital drawing guidance. 5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES ^Vendor is only eligible for payment after DMS has approved the task/deliverable. *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task may be made if a suitable contingency plan is submitted to and accepted by the DMS. 1 For any year, beginning with delivery of Task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be made following IRT yearly release of the credits. Ver: 7/1/18 Page 24 of 39 Project Milestones and Payment Schedule Task Project Milestone Payment^ (% of Contract Value*) 1 Regulatory Site Visit & Environmental Screening 5 2 Submit Recorded Conservation Easement on the Site 20 3 Mitigation Plan (Final Draft) and Financial Assurance 15 4 Mitigation Site Earthwork completed 15 5 Mitigation Site Planting and Installation of Monitoring Devices 10 6 Baseline Monitoring Report (including As -Built Drawings)' 10 7 Submit Monitoring Report #1 to DMS (meets success criteria*)' 5 8 Submit Monitoring Report #2 to DMS (meets success criteria*)' 2 9 Submit Monitoring Report #3 to DMS (meets success criteria*)' 2 10 Submit Monitoring Report #4 to DMS (meets success criteria*)' 2 11 Submit Monitoring Report #5 to DMS (meets success criteria*)' 2 12 Submit Monitoring Report #6 to DMS (meets success criteria*)' 2 13 Submit Monitoring Report #7 to DMS and complete project Close- Out process (meets success criteria*)' 10 TOTALI 100 ^Vendor is only eligible for payment after DMS has approved the task/deliverable. *If site fails to meet success criteria, as indicated in any monitoring report, payment of the monitoring task may be made if a suitable contingency plan is submitted to and accepted by the DMS. 1 For any year, beginning with delivery of Task 6; if credits are withheld by the regulatory agencies or credits are lost for other reasons, and deliverable payments must be adjusted, then all futureyearly payments will be made following IRT yearly release of the credits. Ver: 7/1/18 Page 24 of 39 Proposal Number: 16-007725 5.5 ACCEPTANCE OF WORK Vendor.- Restoration Systems, LLC In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the State may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE The Vendor shall designate and make available to the State a project manager. The project manager shall be the State's point of contact for contract related issues and issues concerning performance, progress review, scheduling and service. Vendor must complete a copy of ATTACHMENT G: Additional Vendor Information and return with bid. 6.2 DISPUTE RESOLUTION The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to the State's Contract Lead for resolution. A claim by the State shall be submitted in writing to the Vendor's Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.3 CONTRACT ADMINISTRATOR Kristie Corson is designated as the contract administrator for the Department for the purposes of this RFP. Ver: 7/1/18 Page 25 of 39 Proposal Number: 16-007725 ATTACHMENT A: PRICING Vendor: Restoration Systems, LLC RFP #: 16-007725 RFP TITLE: Full Delivery Projects to provide Stream Mitigation Credits within the Cataloging Unit 06010108 of the French Broad River Basin as described in the Scope of Work A Separate Sealed Cost Proposal Is Required For Each Proposed Site And For Each Option Proposed For A Site. Vendor must list on the front of each sealed cost proposal envelope, the Site Name/Location and Option Number (if Applicable) Must be Indicated All costs related to the mitigation offered must be included in this SEALED COST PROPOSAL. No additional charges for travel, per diem, or cost of any services will be allowed. Cost will be a major factor in the selection of proposals. ALL Sealed Cost Proposals will be compared to mitigation cost data maintained by the NCDMS. SITE NAME OPTION PROPOSED COST STREAM AL CREDITS COST ($/CREDIT) AL COSTS GRAND TOTAL: Optional Riparian Wetland Credit Cost ($/Credit) Printed Name of Authorized Representative Signature of Authorized Representative Company Name (Printed) Date Ver: 7/1/18 Page 26 of 39 Proposal Number: 16-007725 Vendor: ATTACHMENT B: INSTRUCTIONS TO VENDORS Restoration Systems, LLC 1. READ, REVIEW AND COMPLY: It shall be the Vendor's responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor's sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. Regardless of error or omission, a Vendor shall not be permitted to increase its pricing after the deadline for submitting proposals. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, the State reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the State, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the State. 5. EXECUTION: Failure to sign the Execution Page (numbered page 1 of the RFP) in the indicated space will render proposal non-responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract documents, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications and administration provisions in Sections 4, 5 and 6 of this RFP; (3) North Carolina General Contract Terms and Conditions in ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS; (4) Instructions in ATTACHMENT B: INSTRUCTIONS TO VENDORS; (5) ATTACHMENT A: PRICING, and (6) Vendor's proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor shall submit with its proposal any sketches, descriptive literature and/or complete specifications covering the products and Services offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Failure comply with these requirements shall constitute sufficient cause to reject a proposal without further consideration. 8. RECYCLING AND SOURCE REDUCTION: It is the policy of the State to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable and less toxic to the extent that the purchase or use is practicable and cost- effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will adequately protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of purchasers those products or packaging they offer which have recycled content and that are recyclable. 9. CERTIFICATE TO TRANSACT BUSINESS IN NORTH CAROLINA: As a condition of contract award, each out -of - State Vendor that is a corporation, limited -liability company or limited -liability partnership shall have received, and shall maintain throughout the term of The Contract, a Certificate of Authority to Transact Business in North Carolina from the North Carolina Secretary of State, as required by North Carolina law. A State contract requiring only an isolated transaction completed within a period of six months, and not in the course of a number of repeated transactions of like nature, shall not be considered as transacting business in North Carolina and shall not require a Certificate of Authority to Transact Business. Ver: 7/1/18 Page 27 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC 10. SUSTAINABILITY: To support the sustainability efforts of the State of North Carolina we solicit your cooperation in this effort. Pursuant to Executive Order 156 (1999), it is desirable that all responses meet the following: • All copies of the proposal are printed double sided. • All submittals and copies are printed on recycled paper with a minimum post -consumer content of 30%. • Unless absolutely necessary, all proposals and copies should minimize or eliminate use of non -recyclable or non -reusable materials such as plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Three - ringed binders, glued materials, paper clips, and staples are acceptable. • Materials should be submitted in a format which allows for easy removal, filing and/or recycling of paper and binder materials. Use of oversized paper is strongly discouraged unless necessary for clarity or legibility. 11. HISTORICALLY UNDERUTILIZED BUSINESSES: The State is committed to retaining Vendors from diverse backgrounds, and it invites and encourages participation in the procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. In particular, the State encourages participation by Vendors certified by the State Office of Historically Underutilized Businesses, as well as the use of HUB -certified vendors as subcontractors on State contracts. 12. RECIPROCAL PREFERENCE: G.S. 143-59 establishes a reciprocal preference requirement to discourage other states from favoring their own resident Vendors by applying a percentage increase to the price of any proposal from a North Carolina resident Vendor. To the extent another state does so, North Carolina applies the same percentage increase to the proposal of a vendor resident in that state. Residency is determined by a Vendor's "Principal Place of Business," defined as that principal place from which the overall trade or business of the Vendor is directed or managed. 13. INELIGIBLE VENDORS: As provided in G.S. 147-86.59 and G.S. 147-86.82, the following companies are ineligible to contract with the State of North Carolina or any political subdivision of the State: a) any company identified as engaging in investment activities in Iran, as determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, and b) any company identified as engaged in a boycott of Israel as determined by appearing on the List of restricted companies created by the State Treasurer pursuant to G.S. 147-86.81. A contract with the State or any of its political subdivisions by any company identified in a) or b) above shall be void ab initio. 14. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the State will maintain as confidential trade secrets in its proposal that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as "CONFIDENTIAL" by the Vendor, with specific trade secret information enclosed in boxes, marked in a distinctive color or by similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. If a legal action is brought to require the disclosure of any material so marked as confidential, the State will notify Vendor of such action and allow Vendor to defend the confidential status of its information. 15. PROTEST PROCEDURES: When a Vendor wishes to protest the award of The Contract awarded by the Division of Purchase and Contract, or awarded by an agency in an awarded amount of at least $25,000, a Vendor shall submit a written request addressed to the State Purchasing Officer at: Division of Purchase and Contract, 1305 Mail Service Center, Raleigh, NC 27699-1305. A protest request related to an award amount of less than $25,000 shall be sent to the purchasing officer of the agency that issued the award. The protest request must be received in the proper office within thirty (30) consecutive calendar days from the date of the Contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party's claims. Note: Contract award notices are sent only to the Vendor actually awarded the Contract, and not to every person or firm responding to a solicitation. Proposal status and Award notices are posted on the Internet at https://www.ips.state.nc.us/ips/. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. Ver: 7/1/18 Page 28 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC 16. MISCELLANEOUS: Any gender -specific pronouns used herein, whether masculine or feminine, shall be read and construed as gender neutral, and the singular of any word or phrase shall be read to include the plural and vice versa. 17. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative of the State concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the State directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor's proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation or award of a Contract related to this RFP. Failure to comply with this requirement shall constitute sufficient justification to disqualify a Vendor from a Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 18. TABULATIONS: Bid tabulations can be electronically retrieved at the Interactive Purchasing System (IPS), https://www.ips.state.nc.us/ips/BidNumberSearch.aspx. Click on the IPS BIDS icon, click on Search for Bid, enter the bid number, and then search. Tabulations will normally be available at this web site not later than one working day after the bid opening. Lengthy or complex tabulations may be summarized, with other details not made available on IPS, and requests for additional details or information concerning such tabulations cannot be honored. 19. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP) allows Vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and Services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website: http://ncadmin.nc.gov/about-doa/divisions/purchase- contract. 20. WITHDRAWAL OF PROPOSAL: a proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request shall be submitted on Vendor's letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of proposals shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 21. INFORMAL COMMENTS: The State shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the State during the competitive process or after award. The State is bound only by information provided in writing in this RFP and in formal Addenda issued through IPS. 22. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor's sole responsibility; the State of North Carolina will not reimburse any Vendor for any costs incurred prior to award. 23. VENDOR'S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 24. INSPECTION AT VENDOR'S SITE: The State reserves the right to inspect, at a reasonable time, the equipment, item, plant or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary for the State's determination that such equipment, item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. Ver: 7/1/18 Page 29 of 39 Proposal Number: 16-007725 Vendor.• Restoration Systems, LLC ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS 1. PERFORMANCE AND DEFAULT: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event and subject to all other provisions of this contract, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive compensation for units actually produced, if any, in an amount determined by reducing the total amount due had the full number of Units been produced pro rata, such that the ratio of the final compensation actually paid to the original total amount due in accordance with Attachment A (as amended, if applicable) is equal to the ratio of the Units actually generated to the total Units identified in Attachment A. In the event of default by the Vendor, the State may procure the goods and Services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Vendor under The Contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Vendor, the State may immediately cease doing business with the Vendor, immediately terminate The Contract for cause, and may take action to debar the Vendor from doing future business with the State. a) Vendor grants the State a personal non -transferable and non-exclusive right to use and access, all Services and other functionalities or Services provided, furnished or accessible under this Agreement. The State may utilize the Services as agreed herein. The State is authorized to access State Data provided by the State and any Vendor - provided data as specified herein and to transmit revisions, updates, deletions, enhancements, or modifications to the State Data. This shall include the right of the State to, and access to, Support without the Vendor requiring a separate maintenance or support agreement unless otherwise specifically agreed in writing. User access to the Services shall be routinely provided by the Vendor and may be subject to a more specific Service Level Agreement (SLA) agreed to in writing by the parties. In the absence of an SLA, the Vendor agrees to provide the Services at least in the manner that it provides accessibility to the services to comparable users. b) The State's right to access the Services and its associated services neither transfers, vests, nor infers any title or other ownership right in any intellectual property rights of the Vendor or any third party, nor does this right of access transfer, vest, or infer any title or other ownership right in any intellectual property associated with the Services unless otherwise agreed to by the parties. The provisions of this paragraph will not be construed as a sale of any ownership rights in the Services. Any Services or technical and business information owned by Vendor or its suppliers or licensors made accessible or furnished to the State shall be and remain the property of the Vendor or such other party, respectively. Vendor has a limited, non-exclusive license to access and use any State Data as provided to Vendor, but solely for performing its obligations under this Agreement and in confidence as provided herein. Vendor or its suppliers shall at minimum, and except as otherwise agreed, provide telephone assistance to the State for all Services procured hereunder during the State's normal business hours (unless different hours are specified herein). Vendor warrants that its Support and customer service and assistance will be performed in accordance with generally accepted industry standards. The State has the right to receive the benefit of upgrades, updates, maintenance releases or other enhancements or modifications made generally available to Vendor's users for similar Services. Vendor may, at no additional charge, modify the Services to improve operation and reliability or to meet legal requirements. c) Vendor will provide to the State the same Services for updating, maintaining and continuing optimal performance for the Services as provided to other similarly situated Users of the Services, but minimally as provided for and specified herein. The technical and professional activities required for establishing, managing, and maintaining the Services environment are the responsibilities of the Vendor. Any training specified herein will be provided by the Vendor to specified State users for the fees or costs as set forth herein or in an SLA. d) Some Services provided online pursuant to this Solicitation may, in some circumstances, be accompanied by a user clickwrap agreement. The term clickwrap agreement refers to an agreement that requires the end user to manifest his or her assent to terms and conditions by clicking an "ok" or "agree" button on a dialog box or pop-up window as part of the process of access to the Services. All terms and conditions of any clickwrap agreement provided with any Services solicited herein shall have no force and effect and shall be non-binding on the State, its employees, agents, and other authorized users of the Services. Ver: 7/1/18 Page 30 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC e) If Vendor modifies or replaces the Services provided to the State and other comparable users, and if the State has paid all applicable Fees, the State shall be entitled to receive, at no additional charge, access to a newer version of the Services that supports substantially the same functionality as the then accessible version of the Services. Newer versions of the Services containing substantially increased functionality may be made available to the State for an additional subscription fee. In the event of either of such modifications, the then accessible version of the Services shall remain fully available to the State until the newer version is provided to the State and accepted. If a modification materially affects the functionality of the Services as used by the State, the State, at its sole option, may defer such modification. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the goods or Services offered prior to their delivery, it shall be the responsibility of the Vendor to notify the Contract Lead at once, in writing, indicating the specific regulation which required such alterations. The State reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to the agency for the purpose set forth in The Contract. 4. TAXES: Any applicable taxes shall be invoiced as a separate item. a) G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the market by media - assisted, media -facilitated, or media -solicited means. By execution of the proposal document the Vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. b) The agency(ies) participating in The Contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the Vendor will be executed and returned by the using agency. c) Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules, and within which State all matters, whether sounding in Contract or tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be made by procurement card, if the Vendor accepts that card (Visa, MasterCard, etc.) from other customers, and it shall be accepted by the Vendor for payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by procurement card, then payment may be processed immediately by the Vendor. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination on the basis of any prohibited grounds as defined by Federal and State law. 8. CONDITION AND PACKAGING: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment. 9. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY: Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or patent -pending invention, article, device or appliance delivered in connection with The Contract. Ver: 7/1/18 Page 31 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC a. Vendor warrants to the best of its knowledge that: i. The Services do not infringe any intellectual property rights of any third party; and ii. There are no actual or threatened actions arising from, or alleged under, any intellectual property rights of any third party; b. Should any Services supplied by Vendor become the subject of a claim of infringement of a patent, copyright, Trademark or a trade secret in the United States, the Vendor, shall at its option and expense, either procure for the State the right to continue using the Services, or replace or modify the same to become noninfringing. If neither of these options can reasonably be taken in Vendor's judgment, or if further use shall be prevented by injunction, the Vendor agrees to cease provision of any affected Services, and refund any sums the State has paid Vendor and make every reasonable effort to assist the State in procuring substitute Services. If, in the sole opinion of the State, the cessation of use by the State of any such Services due to infringement issues makes the retention of other items acquired from the Vendor under this Agreement impractical, the State shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge; and Vendor agrees to refund any sums the State paid for unused Services. c. The Vendor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the Services supplied by the Vendor, their use or operation, infringes on a patent, copyright, trademark or violates a trade secret in the United States. The Vendor shall pay those costs and damages finally awarded or agreed in a settlement against the State in any such action. Such defense and payment shall be conditioned on the following: i. That the Vendor shall be notified within a reasonable time in writing by the State of any such claim; and, ii. That the Vendor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise provided, however, that the State shall have the option to participate in such action at its own expense. d. Vendor will not be required to defend or indemnify the State if any claim by a third party against the State for infringement or misappropriation results from the State's material alteration of any Vendor -branded Services, or from the continued use of the good(s) or Services after receiving notice they infringe on a trade secret of a third party. Vendor shall hold and save the State, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted material, patented or patent -pending invention, article, device or appliance delivered in connection with The Contract. 10. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time, the State may terminate this contract at any time by providing 60 days' notice in writing from the State to the Vendor. In that event, any or all finished or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of the State, become its property. If the contract is terminated by the State as provided in this section, the State shall pay for those items for which such option is exercised, less any payment or compensation previously made. 11. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the State of North Carolina as part of any commercial advertising or marketing of products or Services. A Vendor may inquire whether the State is willing to act as a reference by providing factual information directly to other prospective customers. 12. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, the State Auditor and any using agency's internal auditors shall have access to persons and records related to The Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). 13. ASSIGNMENT: No assignment of the Vendor's obligations nor the Vendor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, the State may: a) Forward the Vendor's payment check directly to any person or entity designated by the Vendor, and b) Include any person or entity designated by Vendor as a joint payee on the Vendor's payment check. In no event shall such approval and action obligate the State to anyone other than the Vendor and the Vendor shall remain responsible for fulfillment of all Contract obligations. Upon advance written request, the State may, in its Ver: 7/1/18 Page 32 of 39 Proposal Number: 16-007725 Vendor.• Restoration Systems, LLC unfettered discretion, approve an assignment to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of the Vendor's assets. Any purported assignment made in violation of this provision shall be void and a material breach of The Contract. 14. INSURANCE: COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits: a) Worker's Compensation - The Vendor shall provide and maintain Worker's Compensation Insurance, as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Vendor's employees who are engaged in any work under the Contract in North Carolina. If any work is sub -contracted, the Vendor shall require the sub -Contractor to provide the same coverage for any of his employees engaged in any work under the Contract within the State. b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. Defense cost shall be in excess of the limit of liability. c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non - owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of The Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor's liability and obligations under the Contract. 15. GENERAL INDEMNITY: The Vendor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, Services, materials, or supplies in connection with the performance of The Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of The Contract and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing within 30 days that the State has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of Vendor goods or Services to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of The Contract. 16. ELECTRONIC PROCUREMENT: a) Purchasing shall be conducted through the Statewide E -Procurement Service. The State's third -party agent shall serve as the Supplier Manager for this E -Procurement Service. The Vendor shall register for the Statewide E - Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract. b) The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E -Procurement Service. Subsequently, the Supplier Manager will send those orders to the appropriate Vendor on State Contract. The State or State -approved user, not the Supplier Manager, shall be responsible for the solicitation, proposals received, evaluation of proposals received, award of contract, and the payment for goods delivered. c) Vendor shall at all times maintain the confidentiality of its user name and password for the Statewide E - Procurement Services. If Vendor is a corporation, partnership or other legal entity, then the Vendor may authorize Ver: 7/1/18 Page 33 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC its employees to use its password. Vendor shall be responsible for all activity and all charges by such employees. Vendor agrees not to permit a third party to use the Statewide E -Procurement Services through its account. If there is a breach of security through the Vendor's account, Vendor shall immediately change its password and notify the Supplier Manager of the security breach by email. Vendor shall cooperate with the State and the Supplier Manager to mitigate and correct any security breach. VENDOR IS AND SHALL REMAIN RESPONSIBLE FOR PAYING THE TRANSACTION FEE ON BEHALF OF ANY SUB -CONTRACTOR OR DEALER INVOLVED IN PERFORMANCE UNDER THIS CONTRACT IN THE EVENT THAT SUCH SUB -CONTRACTOR OR DEALER DEFAULTS ON PAYMENT. 17. SUBCONTRACTING: Performance under The Contract by the Vendor shall not be subcontracted without prior written approval of the State's assigned Contract Lead. Unless otherwise indicated, acceptance of a Vendor's proposal shall include approval to use the subcontractor(s) that have been specified therein in accordance with paragraph 21 of Attachment B: Instructions to Vendor. 18. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Vendor under The Contract shall be kept as confidential, used only for the purpose(s) required to perform The Contract and not divulged or made available to any individual or organization without the prior written approval of the State. 19. CARE OF STATE DATA AND PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any data owned and furnished to the Vendor by the State (State Data), or other State property in the hands of the Vendor, for use in connection with the performance of The Contract or purchased by or for the State for The Contract. Vendor will reimburse the State for loss or damage of such property while in Vendor's custody. The State Data in the hands of the Vendor shall be protected from unauthorized disclosure, loss, damage, destruction by a natural event or other eventuality. Such State Data shall be returned to the State in a form acceptable to the State upon the termination or expiration of this Agreement. The Vendor shall notify the State of any security breaches within 24 hours as required by G.S. 1438.1379. See G.S. 75-60 et seq. 20. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina or any of its agencies shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to relocate or outsource any portion of performance to a location outside the United States, or to contract with a subcontractor for any such the performance, which subcontractor and nature of the work has not previously been disclosed to the State in writing, prior written approval must be obtained from the State agency responsible for the contract. Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons providing performance under a State contract to a location outside of the United States. 21. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business and its performance in accordance with The Contract, including those of federal, state, and local agencies having jurisdiction and/or authority. 22. ENTIRE AGREEMENT: This RFP and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This RFP, any addenda hereto, and the Vendor's proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. 23. ELECTRONIC RECORDS: The State will digitize all Vendor responses to this solicitation, if not received electronically, as well as any awarded contract together with associated procurement -related documents. These electronic copies shall constitute a preservation record, and shall serve as the official record of this procurement with the same force and effect as the original written documents comprising such record. Any electronic copy, Ver: 7/1/18 Page 34 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC printout or other output readable by sight shown to reflect such record accurately shall constitute an 'original." 24. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by the State and the Vendor. 25. NO WAIVER: Notwithstanding any other language or provision in The Contract, nothing herein is intended nor shall be interpreted as a waiver of any right or remedy otherwise available to the State under applicable law. The waiver by the State of any right or remedy on any one occasion or instance shall not constitute or be interpreted as a waiver of that or any other right or remedy on any other occasion or instance. 26. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 27. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended nor shall be interpreted as waiving any claim or defense based on the principle of sovereign immunity or other State or federal constitutional provision or principle that otherwise would be available to the State under applicable law. Ver: 7/1/18 Page 35 of 39 Proposal Number: 16-007725 Vendor.. Restoration Systems, LLC ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute 143-59.4, the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this Contract. The State will evaluate the additional risks, costs, and other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. a) Will any work under this Contract be performed outside the United States? ❑ YES MFNO If the Vendor answered "YES" above, Vendor must complete items 1 and 2 below: List the location(s) outside the United States where work under this Contract will be performed by the Vendor, any sub -Contractors, employees, or other persons performing work under the Contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other sub -Contractors that will perform work outside the U.S.: b) The Vendor agrees to provide notice, in writing to the State, of the relocation of the Vendor, employees of the Vendor, sub -Contractors of the Vendor, or other persons MYES ❑ NO performing services under the Contract outside of the United States NOTE: All Vendor or sub -Contractor personnel providing call or contact center services to the State of North Carolina under the Contract shall disclose to inbound callers the location from which the call or contact center services are being provided. c) Identify all U.S. locations at which performance will occur: Avery County, North Carolina Ver: 7/1/18 Page 36 of 39 Proposal Number: 16-007725 Vendor: Restoration Systems, LLC ATTACHMENT E: CERTIFICATION OF FINANCIAL CONDITION Name of Vendor: Restoration Systems, LLC The undersigned hereby certifies that: [check all applicable boxes] The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements. Date of latest audit: Reviewed 12-31-17 The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity. The Vendor is current in all amounts due for payments of federal and state taxes and required employment- related contributions and withholdings. [� The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law. The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract. He or she is authorized to make the foregoing statements on behalf of the Vendor. Note: This is a continuing certification and Vendor shall notify the Contract Lead within 15 days of any material change to any of the representations made herein. If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason in the space below: Signature George Howard Printed Name Date CEO Title [This Certification must be signed by an individual authorized to speak for the Vendor] Ver: 7/1/18 Page 37 of 39 Proposal Number: 16-007725 Vendor.• Restoration Systems, LLC ATTACHMENT F: SUPPLEMENTAL VENDOR INFORMATION HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 1438-1361(a), 143-48 and 143-128.4, the State invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non- profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807-2330. The Vendor shall respond to question #1 and #2 below. a) Is Vendor a Historically Underutilized Business? ❑ Yes ❑ No b) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes ❑ No If so, state HUB classification: Ver: 7/1/18 Page 38 of 39 Proposal Number: 16-007725 Vendor.• Restoration Systems, LLC ATTACHMENT G: VENDOR'S INFORMATION Vendors Primary Contact (or Project Manager) Name: George Howard Agency: Restoration Systems, LLC Title: CEO Address: 1101 Haynes Street Suite 211 City: Raleigh State/ Zip: NC 27604 Telephone: 919-755-9490 Fax: 919-755-949 Email: tbylow@restorationsystems.com Vendors Execution Address (Where the contract should be mailed for signature) Name: George Howard Agency: Restoration Systems, LLC Title: CEO Address: 1101 Haynes Street Suite 211 City: Raleigh State/ Zip:NC 27604 Telephone: 919-755-9490 Fax:919-755-94921. Email: tbylow@restorationsystems.com Vendors Payment (Remit To) Address (Where the checks should be mailed (This address should agree with the "Remit -To" address associated with the Vendor's Tax ID. This information must be verified with the Vendor's Corporate Accounting Office) Name: Tiffani Bylow Agency: Restoration Systems, LLC Title: Office Manager Address: 1101 Haynes Street Suite 211 City: Raleigh State/ Zip: NC 27604 Telephone: 919-755-9490 Fax:919-755-949 Email: tbylow@restorationsystems.com Ver: 7/1/18 Page 39 of 39 RFP 16-007725 Tasks and Deliverables Format Delivery Method ATTACHMENT H Digital Survey in AutoCAD Digital Survey in ArcMap Task # Task Description Task Deliverable Hardcopy (#) Adobe PDF MS Word (.dwg)** (.shp)** E -Mail USB Flash Drive Compact Disc Notes: Environmental & Project Approved Categorical Exclusion x x Screening Regulatory Agency Post -contract site visit Vendor. The Vendor will upload the returned, signed PCN with the Final Mitigation PCN forms (completed with DMS as 2 Meetine Minutes x Plan to the NC Division of Water Resources online document library at the link x Permittee, Vendor as Agent) DMS SPO DMS SPO DMS SPO DMS SPO DMS SPO DMS SPO DMS SPO Draft Conservation Easement x x Planting & monitoring x x Preliminary Conservation Easement Survey 5 x x x x x x x x ............................................................................................................................................................................................................................................................................................................................................................................................................................................. x Draft Attorney's Report/30-year title search Draft Baseline Monitoring report, As -Built x x x x x Drawings digital.delrverables .......... Draft Title Attorneys "Schedule A" x ......... ......... ...... ......... ......... .................. ......... ......... ...... x Baseline Monitoring & As- Final Baseline Monitoring report, As -Built 2 Property ................................................................................................... ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Vendor will upload to Final Baseline Monitoring Report and As 6 Built Drawings Drawings, digital deliverables (including Recorded Conservation Easement 1 x x Built Drawings to the NC Division of Water Resources online x 1 x x x x x Final Conservation Easement Survey 1 x x x x x x x x x x x ......................................................... Final Attorney's Report/30-year title search; ...... ......... ......... ......... ......... ......... x ......... ......... deeds; documentation 1 x Monitoring Years 1-6 Final Annual Monitoring Report &digital Original Title Insurance Policy 1 _ _ Vendor will upload to Final Mitigation Plan to the NC Division of Water Resources x 1 Survey monumentation installation Draft Mitigation Plan 2 .............................................................. Final Draft Mitigation Plan .......... ... 3 including revisions made during deliverable review) ......... ..... ......... Financial Assurance 1 3 I Mitigation Plan & Financial Assurance Final Mitigation Plan 2 documented on As -Built Survey per Task 6 x x x ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. DMS will upload the Final Draft Mitigation Report to the IRT Sharepoint for review by x x x IRT members, and distribute a hardcopy each to USACE and DWR. ............. ____. ...................... ____. ____...... ____. ____. ..... ..... ......... x DMS will distribute the Final Mitigation Plan to the USACE. ................................................................................................................................................................................................................................................................. Vendor will upload to Final Mitigation Plan to the NC Division of Water Resources online document library at the following link: Instructions for uploading documents are found online at the following link: https://edocs.deg.nc.zov/WaterResources/0/doc/620121/Pagelaspx DMS will distribute 1 signed PCN to the USACE, and return 1 signed PCN to the ........................................................ ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Vendor. The Vendor will upload the returned, signed PCN with the Final Mitigation PCN forms (completed with DMS as 2 Plan to the NC Division of Water Resources online document library at the link Permittee, Vendor as Agent) provided above. 4 Permitting Permits and certifications x x Planting & monitoring 5 installation Written documentation x ............................................. ............................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................. x Draft Baseline Monitoring report, As -Built 1 x x x x Drawings digital.delrverables .......... .......................... ......... ......... ...... ......... ......... .................. ......... ......... ...... ... ......... ......... ......... ......... ......... .......... Baseline Monitoring & As- Final Baseline Monitoring report, As -Built Vendor will upload to Final Baseline Monitoring Report and As 6 Built Drawings Drawings, digital deliverables (including Built Drawings to the NC Division of Water Resources online revisions made during deliverable review & 1 x x x x document library at the link provided above. Quality Control) Draft Annual Monitoring Report & digital 1 x ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. x x deliverables 7-12 Monitoring Years 1-6 Final Annual Monitoring Report &digital Vendor will upload to Final Mitigation Plan to the NC Division of Water Resources deliverables 1 x x x online document library at the link provided above. Draft Annual Monitoring Report#7, 1 x ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. x x Closeout Report & digital deliverables Monitorin Year 7 and g 13 project Closeout Final Annual Monitoring Report #7, Closeout Vendor will upload to Final Mitigation Plan to the NC Division of Water Resources Report& digital deliverables 1 x x x online document library at the link provided above. TECHNICAL APPROACH AND RESTORATION PLAN LAUREL SPRINGS STREAM MITIGATION SITE AVERY COUNTY, NORTH CAROLINA RFP #16-007725 - FULL DELIVERY PROJECTS TO PROVIDE STREAM MITIGATION CREDITS WITHIN CATALOGING UNITS 06010108 OF THE FRENCH BROAD RIVER BASIN PART D. EXECUTIVE SUMMARY RS is pleased to provide you with this Proposal in response to the Request for Proposals (RFP) #16-007725 dated November 13, 2018. This proposal describes the merits of the Laurel Springs Stream Mitigation Site (Site); general content of this technical proposal includes the following. • Corporate team background, experience, and organization • Project organization • Proposed mitigation • Project goals, objectives, description, and development • Current ownership and long-term protection of the Site • Proposed project phasing • Project success criteria • Quality control procedures The Site occurs within 14 -digit Cataloging Unit and Targeted Local Watershed 06010108010020 along cold water Fork Creek and unnamed tributaries to Fork Creek. Located in southern Avery County, the Site is 8 miles southwest of Linville and 7 miles northeast of Spruce Pine. The Site is not located within a Regional or Local Watershed Planning area. Proposed mitigation was calculated in accordance with the requirements stipulated in RFP #16-007725 as summarized in the following table. Proposed Mitigation Units Stream Mitigation Type Type Linear Feet Mitigation Ratio SMUS Restoration Priority 1 2974 1:1 2974 Enhancement Level 1 353 1.5:1 235 Enhancement Level II 402 2.5:1 161 Enhancement Level II 183 5:1 37 Preservation -- 1165 10:1 117 Nonstandard Buffer Width (see Appendix B for calculations) 476 Totals 5077 linear feet 4000 SMUs Optional Wetland Mitigation Type Type Acreage Mitigation Ratio Riparian Riverine WMU Restoration Riparian Riverine 7.5 1:1 7.5 Enhancement Riparian Riverine 0.3 2:1 0.15 Totals -- 7.8 7.65 Laurel Springs Stream Mitigation Site Part D. Executive Summary Technical Proposal (RFP # 16-007725) PART E. CORPORATE BACKGROUND AND EXPERIENCE RS is a leading environmental restoration and mitigation banking firm with more than seventy-five (75) sponsored mitigation banks, permittee -responsible, and full -delivery mitigation sites across eight (8) States and US Army Corps Districts. Based in Raleigh North Carolina, RS is one of the original 'Full -Delivery' providers in the nation and has been completing full -delivery mitigation for over twenty years. RS has profound experience locating and acquiring the best properties for our customers in critical areas of targeted watersheds before using advanced ecological understanding to plan their restoration, enhancement, and preservation. After conscientious construction, RS maintains and monitors all projects to ensure physical stability and ecological success over the long-term based on permit and project -specific parameters. In 1996 RS principal George Howard managed and sold the state's first commercial mitigation bank to the North Carolina Department of Transportation's (Barra Farms Mitigation Bank (623 acres). In 1998 Howard co-founded Restoration Systems with the goal of developing Full -Delivery processes to better assist the North Carolina Department of Transportation with their compensatory mitigation needs. Working with Dr. David Robinson and Mr. David Schiller of NCDOT, who later joined the company, RS assisted the development of the first Full -Delivery RFP for compensatory mitigation in the United States, issued in 2000 for wetlands mitigation in the Neuse River basin. RS has been awarded over forty (40) full -delivery contracts from the North Carolina in -lieu fee program, the Division of Mitigation Services (DMS) and its predecessors. When combined with full -delivery projects outside of North Carolina, RS has entered into full -delivery contracts for stream mitigation totaling over 325,000 linear feet. RS' ecological restoration projects total over 115,000 acres of wetlands, forests, and prairies and 75 miles of streams, rivers, and bayous. To -date, RS has successfully closed out thirty-eight (38) compensatory mitigation projects. The RS website and YouTube channel include a number of projects detailed with maps, images, and aerial photography and drone videography. - RS' website: www.restorationsystems.com - RS' YouTube Page: https://goo.gl/g751Bm RS' sole business activity is restoring and protecting water, land, and endangered species habitat by purchasing permanent conservation easements, fee -simple interests, or deed restrictions from property owners, while physically restoring the waterways, vegetation, and habitat to exceed current function and duplicate historic ecological conditions as practicable. This work requires a collaborative multi -disciplinary approach led by RS staff in coordination with independent licensed and certified consultants. RS employees hold a wide range of certifications and professional licenses, including Professional Wetland Scientist (PWS) certification, Licensed Soil Scientist (LSS), Certified Public Accountant (CPA), Licensed Real Estate Agent (LREA), and a General Contractor's (GC) license. These licenses in addition to RS staff backgrounds in policy, environmental science, landscape architecture, real estate, construction management, and economics, allow RS the tractability to overcome ecological and regulatory variables that are inherently part of providing full -delivery compensatory mitigation. RS multidisciplinary approach is carried over to the selection of our sub -consultants. RS sub -contracts local biologist, geomorphologists, civil and environmental engineers, and project -specific consultants to provide a diverse approach to achieving cost-effective mitigation alternatives. Together, the RS Team of senior project managers, engineers, and scientists will review project data and designs jointly in the context of overall project objectives to improve performance and outcome. This approach allows RS Team members to be involved in project development/design, and to stay involved throughout the construction and monitoring phases. This model incorporates quality assurance and control into every aspect of design, construction, and monitoring. The RS Team's approach to quality assurance and quality control (QA/QC) will provide detailed oversight from multiple individuals to provide high-quality deliverables and maintain project schedules. Detailed below is the RS Team for this project. The Project/Team Organization is defined in Part F of this Proposal. Axiom Environmental, led by senior scientist Grant Lewis, will perform primary design, monitoring, and permitting tasks. Raymond Holz, who is a member of the American Society of Landscape Architects (ASLA), will be the led RS Laurel Springs Stream Mitigation Site Part E. Corporate Background & Experience Technical Proposal (RFP # 16-007725) Team member, and serve as Senior Project Manager. During his nine years with RS, Raymond has performed dozens of Site Identification and Mitigation Feasibility Studies and currently oversees Mitigation Implementation Services. He has worked on over a dozen NC DMS full -delivery projects, his responsibilities have included site identification and acquisition, vegetation management, project oversite (permitting, construction, yearly monitoring and, remedial action planning), coordination with DMS Project Managers, and management of project closeouts' with North Carolina Interagency Review Team led by the U.S. Army Corps of Engineers. Axiom Environmental (Axiom): http://axiomenvironmental.org/ Axiom is based in Raleigh, North Carolina and provides environmental services throughout the eastern US with experience in the Carolinas, Georgia, Louisiana, Tennessee, Virginia, Maryland, Pennsylvania, and the US Virgin Islands. Axiom offers a full spectrum of natural systems investigations and natural resources restoration services to clients who need moderately priced and responsive solutions to complex ecological and regulatory issues. The Axiom team of professionals consists of Licensed Soil Scientists, Professional Wetland Scientists, a Licensed Wildlife Damage Control Agent, a geologist, botanists, biologists, and mitigation design specialists. Axiom offers services in support of the National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA), Clean Water Act, and Endangered Species Act. These services cover a wide range of activities including: - Stream and Wetland Restoration Design Environmental Permitting Ecological Surveys - Biological Assessments - H2O Quality Sampling - NEPA/SEPA Documentation Transportation Environmental Studies Protected Species Assessments Stream and Wetland Delineations - Mitigation Banking - Mitigation Site Searches - Feasibility Studies - Mitigation Monitoring - Construction Plan Development - Construction Implementation - Construction Oversight - Benthic Macroinvertebrate Surveys - Coastal Studies - Buffer Determinations - Submerged Aquatic Vegetation Surveys - Forest Service Plant and Animal Surveys - Comprehensive Plant and Animal Surveys Axiom Staff in Publications The North Carolina Wetland Assessment Method (NCWAM): Development of a Rapid Wetland Assessment Method and Use for Compensatory Mitigation John R. Dorney, LeiLani Paugh, Alexander P. (Sandy) Smith, Thomas (Brad) Allen, Matthew T. Cusack, Rick Savage, Emily B. Hughes, Breda Munoz Key Team Member Resumes & Experience Name and Proposed Role Key Mitigation Project Experience (Past 3 yrs.) Raymond Holz, ASLA — Restoration Systems Roles: Sr. Project Manager, DMS / Agency Coordination Lead, Site Acquisition, Project QA/QC No. of Relevant Projects: 15+ Professional Licenses, Certifications, and Training: Stream Mechanics — Function -Based Framework for Stream Assessment & Restoration Projects, NCSU Nutrient Management Training / Revised Universal Soil Loss, Equation, NCSU — MDC for Stormwater BMP Laurel Springs Stream Mitigation Site Technical Proposal (RFP # 16-007725) - Environmental assessment and natural resource investigations - Site identification / land acquisition - Natural systems restoration design - Construction management - Monitoring - Project Closeout Part E. Corporate Background & Experience Name and Proposed Role Alex Baldwin — Restoration Systems Roles: Senior Environmental Scientist / QA -QC Manager No. of Relevant Projects: 20+ Professional Licenses, Certifications, and Training: NC Licensed Soil Scientist (#1297), Professional Wetland Scientist (#2221), NC Wetland & Stream Assessment Method Certification, NCSU River Course — 201 NDC Principles, NCDWR Surface Water ID Certification (#934T- 1116), NCSU Stormwater BMP Certification (#2508) Worth Creech — Restoration Systems Roles: Construction Manager No. of Relevant Projects: 20+ Professional Licenses, Certifications, and Training: NC Unlimited Building General Contractor's License, NC, #64807, Rosgen Level I Certification, NC Stormwater BMP Inspection, and Maintenance Certificate, NCEEP/NCSY Stream Restoration Construction Training Certificate Matthew Harrell — Restoration Systems Roles: Site Management / Monitoring No. of Relevant Projects: 12+ Professional Licenses, Certifications, and Training: NC Prescribed Burner #NCFS-685. NWCG FF -2 certified, plus additional classes including NCFS Atmospheric Dispersion Modeling course, NC DA&CS Licensed Pesticide Applicator #032-7392, NC Wetland Assessment Method Certification John "JD" Hamby — Restoration Systems Roles: Project Manager No. of Relevant Projects: 6+ W. Grant Lewis — Axiom Roles: Environmental assessment, natural resource investigations, and technical approach No. of Relevant Projects: 20+ Professional Licenses, Certifications, and Training: NC Licensed Soil Scientist (#1233), Society of Wetland Scientists, Professional Wetland Scientist, Applied Fluvial Geomorphology (Rosgen Level I, II, III, and IV) Kenan Jernigan — Axiom Roles: Environmental assessment, natural resource investigations, and technical approach No. of Relevant Projects: 20+ Professional Licenses, Certifications, and Training: NC Wetland Assessment Method Certification — 2012, Surface Water Identification Training and Certification — 2014, NC Stre Assessment Method Certification — 2017 Laurel Springs Stream Mitigation Site Technical Proposal (RFP # 16-007725) Key Mitigation Project Experience (Past 3 yrs.) - Environmental assessment and natural resource investigations - Natural systems restoration design - Water Budgets - Monitoring - Site identification / land acquisition - Environmental assessment and natural resource investigations - Site identification / land acquisition - Natural systems restoration design - Construction management - Monitoring - Project Closeout - Environmental assessment and natural resource investigations - Site identification / land acquisition - Natural systems restoration design / management - Controlled Burn - Monitoring - Environmental assessment and natural resource investigations - Site identification / land acquisition - Monitoring - Vegetation management - Environmental assessment and natural resource investigations - Natural systems restoration design - Construction management - Monitoring - Project Closeout - Environmental assessment and natural resource investigations - Natural systems restoration design - Construction management - Monitoring - Project Closeout Part E. Corporate Background & Experience Restoration Systems' Existing Projects # Project State River Basin 8 -Digit HUC Client Year Initiated Status (Q4 of 2018) Mitigation Type Credits (Stream) Credits (Wetlands) Credits (Nutrients) Credits (Buffer) Full Delivery Projects in North Carolina for the Division of Mitigation Services (DMS) 1 Alliance Headwaters NC Neuse 03020201 DMS 2016 Construction Stream 6,657 Riparian Wetland 33.18 2 Abbey Lamm NC Cape Fear 03030002 DMS 2014 Monitoring Year 5 Stream 4,731 Riparian Wetland 1 3 Anderson Swamp NC Tar -Pamlico 03020102 DMS 2006 Closed Out Non -Riparian Wetland 15.5 4 Arabia Bay NC Cape Fear 03030004 DMS 2018 Permitting Non -Riparian Wetland 16 5 Aycock Springs NC Cape Fear 03030002 DMS 2014 Monitoring Year4 Stream 3,628 Riparian Wetland 0.5 6 Brahma NC Cape Fear 03030002 DMS 2018 Permitting Stream 3,907 Riparian Wetland 2.68 7 Big Bull Creek NC Neuse 03020201 DMS 2005 Closed Out Buffer 29.98 8 Brogden Road NC Neuse 03020201 DMS 2005 Closed Out Buffer 15 9 Brown Marsh NC Lumber 03040204 DMS 2006 Closed Out Stream 5,000 Non -Riparian Wetland 5 10 Cane Creek NC Broad 03050105 DMS 2006 Closed Out Stream 6,748 Riparian Wetland 4.4 Non -Riparian Wetland 5 11 Carbonton Dam NC Cape Fear 03030003 DMS 2004 Closed Out Stream 90,494 12 Casey Dairy NC Neuse 03020202 DMS 2002 Closed Out Buffer 72 13 Columbus Swamp NC Lumber 03040203 DMS 2007 Closed Out Wetland 32 14 Conetoe Creek NC Tar -Pamlico 03020103 DMS 2005 Closed Out Buffer 10 15 Cutawhiskie NC Chowan 03010204 DMS 2006 Close Out in Process Stream 3,418 Wetland 12.17 16 Elk Shoals NC Catawba 03050101 DMS 2003 Closed Out Stream 5,188 17 Fox Run NC Neuse 03020203 DMS 2009 Closed Out Buffer 45 Nutrient 26.22 18 Gatlin Swamp NC Roanoke 03010107 DMS 2005 Closed Out Non -Riparian Wetland 125 19 Gray Farm NC Catawba 03050101 DMS 2005 Closed Out Stream 7,610 Laurel Springs Stream Mitigation Site Part E. Corporate Background & Experience Technical Proposal (RFP # 16-007725) Restoration Systems' Existing Projects # Project State River Basin 8 -Digit HUC Client Year Initiated Status (Q4 of 2018) Mitigation Type Credits (Stream) Credits (Wetlands) Credits (Nutrients) Credits (Buffer) Full Delivery Projects in North Carolina for the Division of Mitigation Services (DMS) — Continued 20 Haw River NC Cape Fear 03030002 DMS 2003 Closed Out Riparian Wetland 31.55 21 Heath NC Neuse 03020202 DMS 2009 Closed Out Buffer 59.95 22 Herman Dairy NC Catawba 03050101 DMS 2010 Closed Out Stream 4,785 Riparian Wetland 4 Non -Riparian Wetland 0.91 23 Heron NC Cape Fear 03030002 DMS 2017 Monitoring Year 1 Stream 6,096 Riparian Wetland 0.63 24 Holly Grove NC Cape Fear 03030002 DMS 2006 Closed Out Stream 15,726 25 Jarman's Oak NC Cape Fear 03030001 DMS 2006 Closed Out Stream 6,640 Wetland 12 26 Lick Creek NC Cape Fear 03030004 DMS 2004 Closed Out Stream 9,500 27 Little Buffalo NC Neuse 03020201 DMS 2005 Closed Out Buffer 18.5 28 Lloyd NC Cape Fear 03030001 DMS 2005 Closed Out Stream 4,750 Riparian Wetland 3.3 Non -Riparian Wetland 3.1 29 Lowell Mill Dam NC Neuse 03020201 DMS 2004 Closed Out Dam Removal 34,990 30 Major Hill NC Cape Fear 03030002 DMS 2017 Monitoring Year 1 Stream 3,234 Riparian Wetland 0.76 31 Morgan Creek NC French Broad 06010106 DMS 2006 Closed Out Stream 4,083 Wetland 1.14 32 Pepperwood Farm NC Neuse 03020201 DMS 2012 Close Out in Process Buffer 13.1 33 Phantom Mill NC Cape Fear 03030002 DMS 2018 Permitting Stream 4,111 Riparian Wetland 2.45 34 Shaw's Run NC Lumber 3040203 DMS 2018 Permitting Stream 2,200 Riparian Wetland 4.4 35 Slingshot NC Cape Fear 03030002 DMS 2018 Permitting Stream 3,128 Riparian Wetland 1.31 36 Sliver Moon NC Neuse 03020202 DMS 2011 Closed Out Non -Riparian Wetland 14 Laurel Springs Stream Mitigation Site Part E. Corporate Background & Experience Technical Proposal (RFP # 16-007725) Restoration Systems' Existing Projects # Project State River Basin 8 -Digit HUC Client Year Initiated Status (Q4 of 2018) Mitigation Type Credits (Stream) Credits (Wetlands) Credits (Nutrients) Credits (Buffer) Full Delivery Projects in North Carolina for the Division of Mitigation Services (DMS) — Continued 37 Sliver Moon II NC Neuse 03020203 DMS 2018 Permitting Non -Riparian Wetland 30 38 Summit Seep NC Yadkin 03040103 DMS 2010 Closed Out Riparian Wetland 4 Stream 8,021 39 Three Mile Creek NC French Broad 6010108 DMS 2007 Closed Out Wetland 2.3 40 Vickis Thicket NC Neuse 03020202 DMS 2009 Closed Out Buffer 28 41 Wall NC Cape Fear 03030003 DMS 2011 Closed Out Buffer 10.39 42 Walnut Creek NC Neuse 03020203 DMS 2004 Closed Out Buffer 25 43 Warren Wilson College NC French Broad 06010105 DMS 2017 Permitting Stream 9,485 Approved RS' Sponsored Mitigation Banks Stream 5,748 44 Bass Mountain NC Cape Fear 03030002 Bank 2005 Close Out in Process Buffer 10.55 Nutrient Offsets 0.35 45 Cranston Mill Pond VA James 2080206 Bank 2008 Active Nutrient Offsets 752.00 Stream 4,518 46 Cripple Creek NC Cape Fear 03030002 Bank 2008 Closed Out Wetland 7.85 47 Jesuit Bend LA Deltaic Plain 8090301 Bank 2010 Monitoring Year4 Marsh (fresh/intermediate) 247 .7 Bottom Land Hardwoods 48 Lane NC Neuse 03020201 Bank 2007 Closed/Sold Nutrients 96,648.00Out Buffer 10.56 Stream 8,158 Wetland 33.50 49 Pancho NC Neuse 03020201 Bank 2009 Monitoring Year 7 Nutrient Offsets 25,503.00 Buffer 3.50 50 Half -Mile NC Neuse 03020201 Bank 2015 Monitoring Year 5 Buffer 7.57 Nutrient Offsets 36,777.45 51 Katy Prairie (phase I) TX Spring 12040102 Bank 2009 Monitoring Year 6 Stream 17,918 52 Wellons NC Neuse 03020201 Bank 2007 Closed/Sold Nutrient Offsets 73,804.00 Laurel Springs Stream Mitigation Site Part E. Corporate Background & Experience Technical Proposal (RFP # 16-007725) Restoration Systems' Existing Projects 8 -Digit Year Status (Q4 of Credits Credits Credits Credits # Project State River Basin HUC Client Initiated 2018) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) Approved RS' Sponsored Mitigation Banks — Continued 53 Weaver Farm NC Neuse 03020201 Bank 2017 Monitoring Buffer & Nutrient Offset 33,360.65 6.08 Year 2 Monitoring Stream 5,993 54 Benton Branch NC Cape Fear 03030002 Bank 2015 Wetland 2.90 Year2 Monitoring Stream 5,492 55 Motes Creek NC Cape Fear 03030002 Bank 2015 Wetland 0.92 Year 2 Monitoring Stream 2,470 56 Orphan Creek NC Cape Fear 03030002 Bank 2015 Wetland 0.05 Year Monitoring Stream 1,007 57 Rocky Top NC Cape Fear 03030002 Bank 2015 Wetland Year 2 58 Milburnie Dam NC Neuse 03020201 Bank 2009 Monitoring Stream 40,840 Year 2 Stream 5,707 59 Brushy Mountain NC Yadkin 03040101 Bank 2017 Construction Wetland 2.47 RS' Sponsored Mitigation Banks In Development 60 Hebert II TX Spring 12040102 Bank 2014 Wetland 300.00 Development 61 Cane Island NC Cape Fear 03030002 Bank 2015 Stream 2,785 Development 62 Maple Hill NC Cape Fear 03030002 Bank 2015 Permitting Stream 2,685 63 Blue Star Con Gen NC French Broad 06010105 Bank 2018 Permitting Stream 2,957 Permittee Responsible Mitigation Projects 64 Angola Bay NC Lumber 03040203 Private 2004 Design Wetland 750.00 65 Bear Creek NC Neuse 03020202 NCDOT 2000 Closed Out Riparian Wetland 165.60 Middle Tenn.- Monitoring 66 Burrows Cove TN 6030003 TNDOT 2009 Wetland 27.00 Elk Year 10 City of 67 Butlers Branch NC Neuse 03020202 2009 Closed Out Nutrient Offsets 122,742.00 Raleigh Stream 7,000 68 Causey Farm NC Cape Fear 03030003 Fed -Ex 2003 Closed Out Riparian Wetland 10.00 Global 69 Frog Hollow NC Neuse 03020202 2008 Closed Out Wetland Preservation 1,100.62 Transpark 70 Katy Prairie (F1)TX Spring 12040102 TxDOT 2014 Monitoring Stream 20,288 Year 5 Laurel Springs Stream Mitigation Site Technical Proposal (RFP # 16-007725) Part E. Corporate Background & Experience Restoration Systems' Existing Projects 8 -Digit Year Status (Q4 of Credits Credits Credits Credits # Project State River Basin HUC Client Initiated 2018) Mitigation Type (Stream) (Wetlands) (Nutrients) (Buffer) Permittee Responsible Mitigation Projects — Continued 71 Katy Prairie (F2) TX Spring 12040102 TxDOT 2014 Monitoring Stream 6,636 Year 5 72 Katy Prairie (G) TX Spring 12040102 TxDOT 2015 Monitoring Stream 28,161 Year 3 Salisbury 73 MD Wicomico 2060007 Private 2006 Closed Out Wetland 40.00 Wicomico 74 Sleepy Creek NC Neuse 03020202 NCDOT 2002 Closed Out Riparian Wetland 192.00 Spring Creek Monitoring Stream 16,061 75 Ranch TX Spring 12040102 TxDOT 2015 Year2 Wetland 8.00 Credits Credits Credits Credits (Stream) (Wetlands) (Nutrients) (Buffer) Note: Credits are calculated differently for each Corps District. In general, the "Credits" column represents the total length of stream restoration (feet), acreage of wetland restoration, acreage of buffer or pounds of nutrient Totals 438,554 3,256.89 389,613.67 365.18 offset. Laurel Springs Stream Mitigation Site Part E. Corporate Background & Experience Technical Proposal (RFP # 16-007725) PART F. PROJECT ORGANIZATION RS will lead the team as Proposal Offeror/Sponsor, providing project management support and coordination between the RS Team members, the DMS, and regulatory entities (County, State, and Federal) for the life of the proposed project. Work on this project will be performed primarily by staff from the following office locations: Restoration Systems 1101 Haynes Street Suite 211 Raleigh, NC 27604 i rte` \r Altium Environmental, Inc. Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 The RS Team for implementation of the Laurel Springs Stream Mitigation Site is comprised of the following personnel and subcontractors: ■ Raymond Holz (RS), will serve as Sr. Project Manager, overseeing all aspects of implementation, monitoring, and closeout with the North Carolina Interagency Review Team. Raymond will be the primary contact for the DMS on this project. ■ John "JD" Hamby (RS), will serve as Project Manager, managing day to day operations, land acquisition, categorical exclusions review, and general landowner relations. ■ Alex Baldwin (RS), will serve as RS' Sr. Scientist and QA/QC Manager. ■ Matthew Harrell (RS), will serve as the project's monitoring and maintenance manager. ■ Worth Creech (RS), will serve as construction manager. Worth is a licensed general contractor and will provide implementation, landowner coordination, and oversight for all construction activities undertaken by RS throughout the life of the project. ■ Grant Lewis (Axiom), will contribute to project design as a subcontractor through RS. Axiom will also provide monitoring services throughout the project life. George Howard (RS) RS' CEO, Project's Authorized Representative NC DMS / NC IRT Raymond Holz (RS) Sr. Project Manager RS Support Staff JD Hamby Project Manager Alex Baldwin Sr. Scientist & QA/QC Manager Matthew Harrell M&M Manager Worth Creech Construction Manager Grant Lewis (Axiom) I Project Design / Monitoring Laurel Springs Stream Mitigation Site Part F. Project Organization Technical Proposal (RFP # 16-007725) TECHNICAL APPROACH AND RESTORATION PLAN LAUREL SPRINGS STREAM MITIGATION SITE AVERY COUNTY, NORTH CAROLINA RFP #16-007725 - FULL DELIVERY PROJECTS TO PROVIDE STREAM MITIGATION CREDITS WITHIN CATALOGING UNITS 06010108 OF THE FRENCH BROAD RIVER BASIN TABLE OF CONTENTS PART G. TECHNICAL APPROACH...................................................................................................................1 1.1 Project Goals and Objectives...........................................................................................................1 NC SAM Summary.........................................................................................................................................2 1.2 Project Description..........................................................................................................................6 Targeted Functions, Goals, Objectives, and Uplift Evaluation......................................................................4 1.2.1 Soils.................................................................................................................................6 Table 3. Project Background Information.....................................................................................................................6 1.2.2 Stream Characterization.................................................................................................7 Table4. Site Soils..........................................................................................................................................................7 1.2.3 Sediment Model..............................................................................................................9 Table 5. Essential Morphology Parameters..................................................................................................................8 1.2.4 Nutrient Model................................................................................................................9 Table 6. BEHI and NBS Modeling Summary..................................................................................................................9 1.2.5 Site Design and Implementation Constraints................................................................10 Table 7. 1.3 Project Development....................................................................................................................11 Table 8. Individual Reach Descriptions and Functional Uplift....................................................................................12 1.3.1 Stream Restoration.......................................................................................................11 Table 9. Mitigation Activities and Credit Potential Summary.....................................................................................14 1.3.2 Stream Enhancement (Level 1)......................................................................................12 Table10. Current Ownership......................................................................................................................................15 1.3.3 Stream Enhancement (Level 11).....................................................................................12 Table 11. Proposed Project Schedule.........................................................................................................................15 1.3.4 Stream Preservation......................................................................................................12 Table12. Monitoring Schedule...................................................................................................................................16 1.3.5 Individual Reach Descriptions.......................................................................................12 Table13. Success Criteria...........................................................................................................................................16 1.3.6 Wetland Restoration (Reestablishment).......................................................................13 Table 14. Compatibility of Performance Criteria to Project Goals and Objectives.....................................................17 1.3.7 Riparian Restoration.....................................................................................................13 1.3.8 Fence / Easement Marking...........................................................................................14 1.3.9 Nuisance Species Management....................................................................................14 1.4 Proposed Mitigation......................................................................................................................14 1.5 Current Ownership and Long-term Protection.............................................................................15 1.6 Project Phasing..............................................................................................................................15 1.7 Success Criteria.............................................................................................................................15 1.8 Quality Control..............................................................................................................................18 1.9 References.....................................................................................................................................19 LIST OF TABLES Table1. RBRP Goals......................................................................................................................................................1 Table2A. NC SAM Summary.........................................................................................................................................2 Table 2B. Targeted Functions, Goals, Objectives, and Uplift Evaluation......................................................................4 Table 3. Project Background Information.....................................................................................................................6 Table4. Site Soils..........................................................................................................................................................7 Table 5. Essential Morphology Parameters..................................................................................................................8 Table 6. BEHI and NBS Modeling Summary..................................................................................................................9 Table 7. Threatened and Endangered Species............................................................................................................10 Table 8. Individual Reach Descriptions and Functional Uplift....................................................................................12 Table 9. Mitigation Activities and Credit Potential Summary.....................................................................................14 Table10. Current Ownership......................................................................................................................................15 Table 11. Proposed Project Schedule.........................................................................................................................15 Table12. Monitoring Schedule...................................................................................................................................16 Table13. Success Criteria...........................................................................................................................................16 Table 14. Compatibility of Performance Criteria to Project Goals and Objectives.....................................................17 Laurel Springs Stream Mitigation Site Technical Proposal (RFP # 16-007725) Table of Contents APPENDICES Appendix A. Figures Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3. Topography and Drainage Area Figure 4. Existing Conditions and Soils Figure 5. Proposed Conditions Appendix B. Stream & Wetland Data NCSAM Forms Cross Sections BEHI & NBS Soil Boring Logs Nonstandard Buffer Width Calculations Appendix C. NHP Report Appendix D. Memorandum of Option Agreement Appendix E. Landowner Authorization Form Appendix F. Technical Proposal Score Sheet Laurel Springs Stream Mitigation Site Table of Contents Technical Proposal (RFP # 16-007725) PART G. TECHNICAL APPROACH 1.1 Project Goals and Objectives The Site is located within Targeted Local Watershed (TLW) 06010108010020 and subbasin 04-03-06. The Site is not located in a Local Watershed Plan (LWP), Regional Watershed Plan (RWP), or Targeted Resource Area (TRA). The French Broad River Basin Restoration Priorities 2009 (RBRP) report (NCEEP 2009) documents restoration goals developed for the French Broad River Basin. RBRP goals that will be addressed by project mitigation activities are as follows. Table 1. RBRP Goals RBRP Goal Site Objectives Addressing RBRP Goals 1. Restoring, enhancing, & preserving 5077 linear feet of stream and 7.8 acres of Implement wetland and stream restoration projects wetlands. that reduce sources of sediment and nutrients by 2. Removing restoring riparian buffer vegetation, stabilizing banks, a. 587.4 tons of sediment / yr excluding livestock, and restoring natural b. 1020.8 lbs Nitrogen / yr geomorphology, especially in headwater streams. c. 84.6 lbs Phosphorus/ yr 3. Planting ^20 acres of riparian buffer 4. Removing ^20 acres of livestock from production. Restore and protect habitat for priority fish, mussel, Restoring or enhancing habitat for numerous species snail, and crayfish species in the basin [see Wildlife on the 2015 Wildlife Action Plan. Resource Commission (2015) for a complete list]. Cooperate with land trusts and resource agencies to help leverage federal and state grant funding for NA watershed restoration and conservation efforts. Protect high-quality habitats, especially those The NC DMS Threemile Stream & Wetland Mitigation prioritized by the Natural Heritage Program as Site is located approximately % mile south, Significant Natural Heritage Areas. immediately downstream of the Site. Site-specific mitigation goals and objectives were developed through the use of North Carolina Stream Assessment Method (NC SAM) analyses of existing stream and North Carolina Wetland Assessment Method (NC WAM) at the Site (NC SFAT 2015 and NC WFAT 2010). Appendix B includes Site functional assessment data forms and model outputs. The following table summarizes NC SAM metrics targeted for functional uplift and the corresponding mitigation activities proposed to provide functional uplift. Depicted in bond, are metrics targeted to meet the Site's goals and objectives. Laurel Springs Stream Mitigation Site page 1 Technical Proposal (RFP # 16-007725) Table 2A. NC SAM Summary NC SAM Function Class Rating Summary SAM 1 UT 2 SAM 2 Fork Creek SAM 3 LIT 3 SAM 4 UT 1 (1) HYDROLOGY LOW LOW MEDIUM LOW (2) Baseflow HIGH HIGH HIGH MEDIUM (2) Flood Flow LOW LOW MEDIUM LOW (3) Streamside Area Attenuation MEDIUM LOW MEDIUM MEDIUM (4) Floodplain Access HIGH LOW HIGH LOW (4) Wooded Riparian Buffer LOW LOW LOW LOW (4) Microtopography NA LOW LOW LOW (3) Stream Stability LOW LOW MEDIUM LOW (4) Channel Stability LOW LOW HIGH LOW (4) Sediment Transport MEDIUM MEDIUM HIGH MEDIUM (4) Stream Geomorphology LOW LOW LOW LOW (1) WATER QUALITY IM LOW LOW LOW LOW (2) Baseflow HIGH HIGH HIGH MEDIUM (2) Stream -side Area Vegetation LOW LOW LOW LOW (3) Upland Pollutant Filtration LOW LOW LOW LOW (3) Thermoregulation LOW LOW MEDIUM LOW (2) Indicators of Stressors YES YES YES YES (2) Aquatic Life Tolerance LOW HIGH MEDIUM MEDIUM (1) HABITAT LOW LOW LOW LOW (2) In -stream Habitat LOW LOW MEDIUM LOW (3) Baseflow HIGH HIGH HIGH MEDIUM (3) Substrate LOW MEDIUM HIGH MEDIUM (3) Stream Stability LOW LOW MEDIUM LOW (3) In -Stream Habitat LOW LOW LOW LOW (2) Stream -side Habitat LOW LOW LOW LOW (3) Stream -side Habitat LOW LOW LOW LOW (3) Thermoregulation LOW LOW LOW LOW OVERALL LOW LOW LOW LOW Based on NC SAM output, all three primary stream functional metrics (Hydrology, Water Quality, and Habitat), as well as 20 sub -metrics are under -performing as exhibited by a LOW metric rating (see Figure 4, Appendix A for NC SAM data reaches). LOW performing metrics are to be targeted for functional uplift through mitigation activities, goals and objectives, and monitoring and success criteria. Wetland reestablishment areas are not able to be rated by the NC WAM methodology. Therefore, NC WAM forms were not filled out for the project. However, the following provides a list of functions that are expected to be enhanced or restored through project activities within drained and active hydric soils. Laurel Springs Stream Mitigation Site page 2 Technical Proposal (RFP # 16-007725) • Hydrology o Surface Storage & Retention o Sub -surface Storage and Retention • Water Quality o Pathogen Change o Particulate Change o Soluble Change o Physical Change • Habitat o Physical Structure o Landscape Patch Structure o Vegetative Composition Based on NC WAM Metric -Function Diagrams, the functions expected to be enhanced, or restored at the Site include the primary wetland functional metrics (Water Quality and Habitat), as well as nine (9) sub -metrics. These functions and metrics are to be targeted for functional uplift through mitigation activities, goals and objectives, as well as, monitoring and success criteria. Stream and wetland metrics targeted for functional uplift, tied to defined Site-specific project goals and objectives are presented in the following table. Space Purposefully Left Blank Laurel Springs Stream Mitigation Site page 3 Technical Proposal (RFP # 16-007725) Table 2B. Targeted Functions, Goals, Objectives, and Uplift Evaluation • Stabilize stream banks Laurel Springs Stream Mitigation Site page 4 Technical Proposal (RFP # 16-007725) DMS Functional Uplift Evaluations Targeted Functions Goals Objectives Identified Functional Stressor (Uplift Potential) (1) HYDROLOGY (2) Flood Flow • Construct a new channel at historic floodplain elevation to restore overbank (3) Streamside Area Attenuation flows (4) Floodplain Access • Minimize downstream flooding to the maximum extent possible. • Remove drain tiles and agriculture ditches • plant woody riparian buffer • Deep rip floodplain soils to reduce compaction and increase soil surface roughness , peak Flows restore overbank flooding, ( surface and subsurface water storage, (4) Wooded Riparian Buffer (4) Microtopography Wetland Surface Storage and Retention • Protect riparian buffers with a perpetual and increase frictional resistance to floodwaters) conservation easement • Ditching/Draining (Removing drain the (3) Stream Stability and ditched streams within the • Construct channels with the proper pattern, floodplain) (4) Channel Stability • Increase stream stability dimension, and longitudinal profile • Remove livestock from the property • Other (removing capped spring heads from multiple springs) (4) Sediment Transport within the Site so that • Construct stable channels with an channels are neither appropriate substrate aggrading nor degrading. • Upgrade piped channel crossings (4) Stream Geomorphology . Plant woody riparian buffer • Stabilize stream banks Laurel Springs Stream Mitigation Site page 4 Technical Proposal (RFP # 16-007725) Laurel Springs Stream Mitigation Site page 5 Technical Proposal (RFP # 16-007725) DMS Functional Uplift Evaluations Targeted Functions Objectives Identified Functional Stressor (Uplift Potential) (1) WATER QUALITY (2) Streamside Area Vegetation • Remove agricultural livestock and reduce • Non-functioning Riparian (3) Upland Pollutant Filtration agricultural land/inputs Buffer/Wetland Vegetation (restoring (3) Thermoregulation • Install marsh treatment areas or enhancing ^20 acres of riparian • Remove direct nutrient plant woody riparian buffer buffer) (2) Aquatic Life Tolerance and pollutant inputs from the Site and reduce • Restore/enhance jurisdictional wetlands adjacent to Site streams • Sediment (removing 587.4 tons per year of sediment from bank erosion) Wetland Particulate Change contributions to downstream waters. . Provide surface roughness and reduce • Nutrients (removing 1020.8 lbs N and compaction through deep ripping/plowing. 84.6 lbs P per year) Wetland Soluble Change • Restore overbank flooding by constructing • Fecal Coliform (removing 3.74x1011 channels at historic floodplain elevation. colonies of fecal coliform) (1) HABITAT (2) In -stream Habitat • Construct stable channels with an appropriate substrate • Plant woody riparian buffer to provide (3) Substrate (3) In -Stream Habitat organic matter and shade • Limited Bedform Diversity (restoring (2) Stream -side Habitat • Improve instream and • Construct a new channel at historic floodplain elevation to restore overbank regular, sustained sequence of riffles and pools that do not fill with (3) Stream -side Habitat stream -side habitat. flows • Protect riparian buffers with a perpetual conservation easement • Restore/enhance jurisdictional wetlands sediment) • Absence of Large Woody Debris (restoring woody debris on channel banks or in bed) (3) Thermoregulation Wetland Physical Structure adjacent to Site streams Wetland Vegetation Composition • Stabilize stream banks • Install in -stream structures Laurel Springs Stream Mitigation Site page 5 Technical Proposal (RFP # 16-007725) 1.2 Project Description Located in southern Avery County, the Site is 8 miles southwest of Linville and 7 miles northeast of Spruce Pine (Figure 1, Appendix A). General project information is provided in the following table. Table 3. Project Background Information Project Information Site Laurel Springs Stream Mitigation Site County Avery Easement Area 26.2 acres Site Coordinates (latitude & latitude) 35.9913, -81.9837 Site Elevations 2912-3076 feet Site Streams Fork Creek and UTs to Fork Creek Physiography &Watershed Information Physiographic Province Blue Ridge Level IV Ecoregion Southern Crystalline Ridge and Mountains River Basin French Broad USGS 14 -digit HUC 06010108010020 NCDWR Sub -basin 04-03-06 Targeted Local Watershed Yes LWP, RWP, TRA* No Water Quality Information Stream Index Number 7-2-25-1-(1) & 7-2-25-1-(2) Best Use Classification C; Tr & WS -IV; Tr 303d List No Drainage Area & Land Use Information Existing Site Land Use Livestock pasture, forest Site Drainage Area 1.32 square miles (846.7 acres) Site Drainage Area Land Use Livestock pasture, forest, sparse residential Site Drainage Area Percentage Impervious Surface <2% *LWP=Local Watershed Plan, RWP=Regional Watershed Plan, TRA=Targeted Resource Area 1.2.1 Soils Based on Web Soil Survey mapping (USDA 2017), the Site contains the soil series outlined in the following table. Existing wetlands and drained hydric soils were mapped by a licensed soil scientist (NC LSS # 1233) on February 4, 2019, as soils of the Nikwasi series (Figure 4, Appendix A); soil boring logs are located in Appendix B. Laurel Springs Stream Mitigation Site page 6 Technical Proposal (RFP # 16-007725) Table 4. Site Soils Map Unit Map Unit Name Hydric Status Description Symbol (Classification) This series consists of stony, somewhat excessively drained soils found on mountain slopes and ridges with 30-50 percent Chandler-Micaville slopes. The parent material is affected by soil creep in the CeE complex Non -hydric upper solum over residuum weathered from mica schist (Typic Dystrudepts) and/or micaceous gneiss and/or micaceous metamorphic rock. Depth to the water table and restrictive features is more than 80 inches. This series consists of frequently flooded, very poorly drained soils found in depressions on floodplains with 0-3 percent Nikwasi loam slopes. The parent material is loamy alluvium over sandy and NkA (Cumulic Humaquepts) Hy dric gravelly alluvium. Depth to the water table 0-12 inches. Depth to restrictive features is 20-40 inches to strongly contrasting textural stratification. This series consists of frequently flooded, moderately well - Non -hydric, drained soils found on floodplains with 0-3 percent slopes. Reddies fine sandy loam may contain The parent material is loamy alluvium over cobbly and gravelly ReA (Oxyaquic Humudepts) hydric alluvium derived from igneous and metamorphic rock. Depth inclusions to the water table 24-42 inches. Depth to restrictive features is 20-40 inches to strongly contrasting textural stratification. This series consists of well -drained soils found on coves, drainageways, and fans of mountain slopes with 8-15 percent SaC Saunook loam Non -hydric slopes. The parent material is colluvium derived from igneous (Humic Hapludults) and metamorphic rock. Depth to the water table and to restrictive features is more than 80 inches. This series consists of stony, well -drained soils found on mountain slopes and ridges with 15-30 percent slopes. The WaD Watauga sandy loam Non -hydric parent material is residuum weathered from mica schist (Typic Hapludults) and/or micaceous gneiss and/or micaceous metamorphic rock. Depth to the water table and to restrictive features is more than 80 inches. 1.2.2 Stream Characterization The following table summarized morphology parameters existing at the Site as well as preliminary estimates of stable stream attributes based upon regional curves for the Mountain region of North Carolina (Harmen et al. 2000). Reference reaches presented within the table are likely to be used during detailed planning. Laurel Springs Stream Mitigation Site page 7 Technical Proposal (RFP # 16-007725) Table 5. Essential Morphology Parameters Parameter Existing Reference* Proposed* XS -1 (Fork Creek) XS -2 (UT -3) XS -3 (UT -1) Stone Mountain Cranberry XS -1 (Fork Creek) XS -2 (UT -3) XS -3 (UT -1) Valley Width (ft) 250 30 250 100 75 250 30 250 Contributing Drainage Area (sq. mi.) 0.97 0.03 0.30 7.46 0.70 0.97 0.03 0.30 Discharge (dfs) 31.31 2.65 13.37 75.3 28.7 31.31 2.65 13.37 Channel/Reach Classification E3/4 Eg4/5 Eg3/4 Cb3 E4 C/E3 B3 C/E3 Bankfull Cross-sectional Area (ftz) 21.6 2.5 13.4 46.0 20.2 21.6 2.5 13.4 Existing Cross-sectional Area (ftz) 27.7 5.2 21.4 46.0 20.2 21.6 2.5 13.4 Bankfull Width (ft) 12.5 4.0 9.0 30.1 12.5 19.7 5.8 12.9 Bankfull Depth (ft) 1.7 0.6 1.5 1.6 1.6 1.1 0.4 0.8 Maximum Depth (ft) 2.9 0.9 2.2 2.4 1.9 1.5 0.6 1.1 Low Bank Height (ft) 3.4 1.5 3.0 3.1 1.9 1.5 0.6 1.1 Flood Prone Area (ft) 250 30 250 100 75 250 30 250 Width/Depth Ratio 7.2 6.3 6.1 20.0 7.8 18.1 15.2 17.0 Bank Height Ratio 1.2 1.7 1.4 1.3 1.0 1.0 1.0 1.0 Entrenchment Ratio 20.0 7.4 27.7 3.4 6.0 12.7 5.2 19.4 Sinuosity 1.03 1.02 1.02 1.20 1.04 1.2 1.1 1.2 Substrate Cobble/gravel Gravel/sand Cobble/gravel Cobble Gravel Cobble Cobble Cobble Preliminary estimates of stable stream attributes are based primarily upon regional curves for the Mountain region of North Carolina (Harmen et al. 2000). *Reference reaches presented within the table are likely to be used during detailed planning. Laurel Springs Stream Mitigation Site page 8 Technical Proposal (RFP # 16-007725) 1.2.3 Sediment Model Sediment load modeling was performed using methodologies outlined in A Practical Method of Computing Streambank Erosion Rate (Rosgen 2009) along with Estimating Sediment Loads using the Bank Assessment of Non - point Sources Consequences of Sediment (Rosgen 2011). These models provide a quantitative prediction of streambank erosions by calculating Bank Erosion Hazard Index (BEHI) and Near -Bank Stress (NBS) along each Site reach. The resulting BEHI and NBS values were compared to streambank erodibility graphs prepared for North Carolina by the NC Stream Restoration Institute and NC Sea Grant. Streambank characteristics involve measurements of bank height, angles, materials, presence of layers, rooting depth, rooting density, and percent of the bank protected by rocks, logs, roots, or vegetation. Site reaches have been measured for each BEHI and NBS characteristic and predicted lateral erosion rate, height, and length to calculate a cubic volume of sediment contributed by the reach each year. Data forms for the analysis are available upon request, and data output is detailed in Appendix B. Results of the model are presented in the following table. Table 6. BEHI and NBS Modeling Summary Stream Reach Proposed Mitigation Treatment Predicted Sediment Contribution (tons/year) Fork Cr Restoration and Enhancement (Levels I & II) 535.2 UT 1 Restoration 51.0 UT 2 Restoration, Enhancement (Level II), and Preservation 0.4 UT 3 Restoration, Enhancement (Levels I and II), and Preservation 0.8 UT 4 Preservation 0 Total Sediment Contribution (tons/year) 587.4 1.2.4 Nutrient Model Nutrient modeling was conducted using a method developed by the North Carolina Division of Mitigation Services (NCDMS) (NCDMS 2016) to determine nutrient and fecal coliform reductions from the exclusion of livestock from the buffer. The equation for nutrient reduction for this model includes the following: TN reduction (lbs/yr) = 51.04 (lbs/ac/yr) x Area (ac) TP reduction (lbs/yr) = 4.23 (lbs/ac/yr) x Area (ac) Where: TN — total nitrogen; TP—total phosphorus; and Area —total area of restored riparian buffers inside of livestock exclusion fences. Equations for fecal coliform reduction for this model include the following. Fecal coliform reduction (col) = 2.2 x 1011(col/AU/day) x AU x 0.085 Where: Col - quantities of Fecal Coliform bacteria AU - animal unit (1000 lbs of livestock) Results of the NCDMS analysis indicate approximately 1020.8 lbs/yr of nitrogen, 84.6 lbs/yr of phosphorus, and 3.74 x 1011 col of fecal coliform/day will be reduced due to the exclusion of livestock from the easement area. Laurel Springs Stream Mitigation Site page 9 Technical Proposal (RFP # 16-007725) 1.2.5 Site Design and Implementation Constraints No known Site constraints that may hinder proposed mitigation activities were identified during field surveys. Potential constraints reviewed include the following. Threatened & Endangered Species Listed federally protected species are listed are summarized in the following table along with potential habitat and a preliminary biological conclusion for each (USFWS 2018). Table 7. Threatened and Endangered Species Common Name Federal Status Habitat at Biological Summary (Scientific Name) Site Conclusion Bog Turtle Threatened Species is not subject to section (Glyptemys muhlenbergii) (S/A) Yes N/A seven consultations requirements under the Endangered Species Act. Carolina northern flying squirrel Endangered No No Effect No habitat exists in or near the (Glaucomys sabrinus coloratus) project boundaries. Foraging habitat present within the Site; however, no roosting habitat Gray Bat Endangered Yes No Effect with the Site boundaries or near the (Myotis grisescens) Site. Foraging habitat will not be disturbed during summer months. Northern long-eared bat Threatened Yes No Effect (See Northern long-eared (Myotis septentrionalis) information below) Foraging habitat present within the Virginia big -eared bat Site; however, no roosting habitat (Corynorhinus townsendii Endangered Yes No Effect with the Site boundaries or near the virginianus) Site. Foraging habitat will not be disturbed during summer months. Rusty -patched bumble bee Endangered No No Effect No habitat exists in or near the (Bombus affinis) project boundaries. Spruce -fir moss spider Endangered No No Effect No habitat exists in or near the (Microhexura montivaga) project boundaries. Blue Ridge goldenrod Threatened No No Effect No habitat exists in or near the (Solidago spithamaea) project boundaries. Roan mountain bluet Endangered No No Effect No habitat exists in or near the (Hedyotis purpurea var. montana) project boundaries. Heller's blazing star Threatened No No Effect No habitat exists in or near the (Liatris helleri) project boundaries. Spreading avens Endangered No No Effect No habitat exists in or near the (Geum radiatum) project boundaries. Rock gnome lichen Endangered No No Effect No habitat exists in or near the (Gymnoderma lineare) project boundaries. Northern Long -Eared Bat A review of the United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office web page (https://www.fws.gov/asheville/pdfs/NLEB-4DRule-AveryUpdate_June1_2016.pdf) on February 8, 2019, indicated the Site's watershed has no confirmed hibernation or maternity sites for this species. Further coordination with the USFWS will occur throughout the project in support of this species; however, at this time no additional surveys are expected for the Northern Long -Eared Bat. Laurel Springs Stream Mitigation Site page 10 Technical Proposal (RFP # 16-007725) Cultural Resources Axiom and RS Staff conducted field visits in February 2019, and no structures or other features that may be eligible for inclusion on the National Register of Historic Places were identified within proposed easement boundaries; however, coordination with State Historic Preservation Office will occur during Task 1 and before construction activities to determine if any significant cultural resources are present. North Carolina Natural Heritage Elements A query of the North Carolina Natural Heritage Program (NCNHP) database indicates there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Within a one -mile radius of the Site, NCNHP lists one state -listed species and the NC DMS Threemile Stream & Wetland Mitigation Site (Appendix C). FEMA Inspection of the FEMA Flood Insurance Rate Maps 37101812J, Panel 1812, effective December 2, 2008, indicates that the project is not located within a flood area. Therefore, a "Conditional Letter of Map Revision" (CLOMR) is not necessary for this Site. Utilities No utilities are located on the Site. Air Transport Facilities No air transport facilities are located within 5 miles of the Site. 1.3 Project Development 1.3.1 Stream Restoration Stream restoration efforts are designed to restore a stable stream that approximates hydrodynamics, stream geometry, and local microtopography relative to reference conditions. Restoration at the Site will be Priority I restoration; therefore, bankfull elevations will be raised to meet the adjacent valley floodplain elevation. Stream restoration is expected to entail 1) channel excavation, 2) channel stabilization, 3) channel diversion, and 4) channel backfill. In -stream Structures In -stream structures will be used for grade control, habitat, and to elevate local water surface profiles in the channel, flattening the water energy slope or gradient and directing stream energy into the center of the channel and away from banks. The structures will consist of log cross -vanes or log j -hook vanes; however, at the discretion of the Engineer, rock cross -vanes or rock j -hook vanes may be substituted if dictated by field conditions. In addition, the structures will be placed in relatively straight reaches to provide secondary (perpendicular) flow cells during bankfull events. Piped Channel Crossing Landowner constraints will necessitate the installation of one piped channel crossing within a break in the easement to allow access to portions of the property isolated by stream restoration activities Figure 5 (Appendix A). The crossing is currently perched and serves as a barrier to wildlife crossing. The crossing will be constructed with suitable sized pipes to allow for stormwater flows, with adjacent floodplain pipes to allow for overflow discharge onto the floodplain. Materials will include hydraulically stable rip -rap or suitable rock. The crossing will be large enough to handle anticipated vehicular traffic. Approach grades to the crossing will be at an approximate 10:1 slope and constructed of hard, scour -resistant crushed rock or other permeable material, which is free of fines. Laurel Springs Stream Mitigation Site page 11 Technical Proposal (RFP # 16-007725) 1.3.2 Stream Enhancement (Level 1) Stream enhancement (level 1) will entail the restoration of stream dimension, installation habitat and grade control structures, easement markers, and planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream. 1.3.3 Stream Enhancement (Level 11) Stream enhancement (level 11) will entail installation of easement markers and planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream. 1.3.4 Stream Preservation Stream preservation will occur on the upstream reaches of UT 2 and UT 4. These reaches are characterized by channels with mature riparian vegetation, good channel bed substrate, and little bank erosion. The reaches are not frequently accessed by livestock and are included into the project to protect the upstream and downstream ends of the project from future impacts. 1.3.5 Individual Reach Descriptions Mitigation activities for each individual stream reach and anticipated functional uplift are summarized in the following table. Table 8. Individual Reach Descriptions and Functional Uplift Individual Mitigation Activities Functional Uplift Provided for Identified Reach Stressors Fork Creek • Tie into upstream property boundary and begin to elevate the stream bed with grade control/habitat structures and contour the channel • Non-functioning riparian buffer/wetland banks to the appropriate dimension. • Move the channel away from a severely eroding slope. vegetation . Sediment • Move the channel across the floodplain using Priority 1 stream restoration on new location. • Nutrients • Install a piped channel crossing at the driveway. . Fecal Coliform • Remove livestock from the property. • Peak Flows . Ditching/Draining • Remove drain tiles within the floodplain to restore wetland hydrology. • Plant a vegetative buffer within the entire floodplain. • Limited Bedform Diversity • Tie into downstream, off-site stream elevations with a Terracell drop . Absence of Large Woody Debris structure. UT -1 • Tie to the upstream culvert and eliminate perched hydrologic step that • Non-functioning riparian buffer/wetland may hinder wildlife passage. • Move the channel across the floodplain using Priority 1 stream vegetation • Sediment restoration on new location. • Tie the channel to Fork Creek in a natural location and eliminate . Nutrients parallel stream channels that were excavated to drain wetlands • Fecal Coliform throughout the floodplain. • Peak Flows • Remove livestock from the property. . Ditching/Draining • Remove drain tiles within the floodplain to restore wetland hydrology. • Limited Bedform Diversity • Plant a vegetative buffer within the entire floodplain. • Absence of Large Woody Debris UT -2 • Preserve the upper reaches of the channel including spring head discharge locations. . Non-functioning riparian buffer/wetland • Remove livestock from the property. vegetation • Enhance (Level II) wooded portions of the stream where increased • Sediment livestock activity occurs. . Nutrients • Restore the lower reaches of stream channel through the installation 0 Fecal Coliform of habitat/grade control structures, excavation of a defined channel with adjacent floodplain bench, placing cobble bed material, and tie to 0 Peak Flows channel to Fork Creek. • Limited Bedform Diversity • Maintain an existing piped stream crossing that is located beneath a . Absence of Large Woody Debris power line. Laurel Springs Stream Mitigation Site page 12 Technical Proposal (RFP # 16-007725) Individual Reach Mitigation Activities Functional Uplift Provided for Identified Stressors UT -3 • Preserve the upper reaches of the channel including spring head discharge locations. • Non-functioning riparian buffer/wetland • Enhance (Level 11) wooded portions of the stream by decommissioning vegetation and revegetating a forest road, removing a capped springhead with • Sediment piped water supply, and planting with forest vegetation. • Nutrients • Enhance (Level 1) open portions of the stream by installing • Fecal Coliform habitat/grade control structures, excavate channel to proper • Peak Flows dimension, install cobble material, and restore wetlands adjacent to . Ditching/Draining the channel. • Limited Bedform Diversity • Restore the lower reaches of the stream through Priority 1 excavation . Absence of Large Woody Debris of a channel on new location and tie the channel into Fork Creek. UT -4 • Preserve the entire length of the channel including spring head . Peak Flows discharge locations. 1.3.6 Wetland Restoration (Reestablishment) Alternatives for wetland reestablishment are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by stream dredging, drain tile installation, vegetative clearing, agriculture plowing, and other land disturbances associated with land use management. Wetland reestablishment options should focus on the restoration of vegetative communities, restoration of stream corridors and historic groundwater tables, and the reestablishment of soil structure and microtopographic variations. In addition, the construction of (or provisions for) surface water storage depressions (ephemeral pools) will also add an important component to groundwater restoration activities. These activities will result in the reestablishment/enhancement of approximately 7.8 acres of jurisdictional riparian riverine wetlands. 1.3.7 Riparian Restoration Restoration of floodplain forest allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Revegetating floodplains will provide overall system stability, shade, and wildlife habitat. In addition, viable riparian communities will improve system biogeochemical function by filtering pollutants from overland and shallow subsurface flows and providing organic materials to adjacent stream channels. Variations in vegetative planting will occur based on topography and hydrologic condition of soils. Vegetative species composition will be based on Reference Forest Ecosystems (RFEs), site-specific features, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include 1) Piedmont/Low Mountain Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest and 3) Streamside Assemblage. Bare -root seedlings within the Piedmont/Low Mountain Alluvial Forest and Dry-Mesic Oak -Hickory Forest will be planted at a density of approximately 680 stems per acre on 8 -foot centers, and in the stream -side assemblage at a density of approximately 2,720 stems per acre on 4 -foot centers. Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Potential species planted within the Site may include the following. Laurel Springs Stream Mitigation Site page 13 Technical Proposal (RFP # 16-007725) Piedmont/Low Mountain Alluvial Forest 1. Sycamore (Platanus occidentalis) 2. American elm (Ulmus americana) 3. Hackberry (Celtis laevigata) 4. Green ash (Fraxinus pennsylvanica) 5. Shagbark hickory (Carya ovata) 6. Willow oak (Quercus phellos) 7. Shumard oak (Quercus shumardii) 8. River birch (Betula nigra) 9. Silky dogwood (Cornus amomum) 10. Pawpaw (Asimina triloba) Stream -Side Assemblage 1. Black willow (Salix nigra) 2. Tag alder (Alnus serrulata) 3. Buttonbush (Cephalanthus occidentalis) Dry-Mesic Oak -Hickory Forest 1. White oak (Quercus alba) 2. Northern red oak (Quercus rubra) 3. Pignut hickory (Carya glabra) 4. Mockernut hickory (Carya alba/tomentosa) 5. Black gum (Nyssa sylvatica var. sylvatica) 6. Flowering dogwood (Cornus florida) 7. Eastern red cedar (Juniperus virginiana) 8. Persimmon (Diospyros virginiana) 9. Ironwood (Corpinus caroliniana) 1.3.8 Fence / Easement Marking The entire easement area will be fenced and/or appropriately marked to identify the easement boundaries per United States Army Corps of Engineers (USACE) and Interagency Review Team (IRT) requirements. Livestock are to be completely removed from the property. 1.3.9 Nuisance Species Management Beaver, privet, and other potential nuisance species will be monitored over the course of the 7 -year monitoring period. Appropriate actions to ameliorate any negative impacts regarding vegetation development and/or water management will occur on an as -needed basis. 1.4 Proposed Mitigation Mitigation outlined in this proposal is designed to provide the following, as calculated in accordance with the requirements stipulated in RFP #16-007725. Table 9. Mitigation Activities and Credit Potential Summary Stream Mitigation Type Type Linear Feet Mitigation Ratio SMUs Restoration Priority 1 2974 1:1 2974 Enhancement Level 1 353 1.5:1 235 Enhancement Level 11 402 2.5:1 161 Enhancement Level II 183 5:1 37 Preservation -- 1165 10:1 117 Nonstandard Buffer Width (see Appendix B for calculations) 476 Totals 5077 linear feet 4000 SMUs Optional Wetland Mitigation Type Type Acreage Mitigation Ratio Riparian Riverine WMU Restoration Riparian Riverine 7.5 1:1 7.5 Enhancement Riparian Riverine 0.3 2:1 0.15 Totals -- 7.8 7.65 Laurel Springs Stream Mitigation Site Technical Proposal (RFP # 16-007725) page 14 1.5 Current Ownership and Long-term Protection Current property ownership and parcel information are as follows: Table 10. Current Ownership Current Property Owner Parcel ID Number Eugene Gorman Wise 181300803670 Bill Willis Life Estate 181200891385 RS has an Agreement for the Purchase and Sale of a Real Property with the current owners which includes an 18 - month examination period. Memorandum of Agreements have been are recorded at the Avery County Register of Deeds (Appendix D). Full copies are these agreements are available upon request. As part of Task 2 as outlined in RFP 16-007725, RS will place a conservation easement over the subject parcel; such easement will be conveyed to the State of North Carolina. RS will remain responsible for project implementation, achievement of success criteria, and management actions. A long-term management plan that in general will include protecting the Site from encroachment, trespass, clearing, and other violations that interfere with conservation purposes will be developed for the Site and incorporated into the Mitigation Plan. Other activities may be incorporated based on site-specific considerations. 1.6 Project Phasing A tentative project phasing schedule is presented below and commences upon contract execution. Table 11. Proposed Project Schedule Task Project Milestones Months from Contract Execution Task 1 Regulatory Site Visit & Environmental Screening 1.25 Task 2 Submit Recorded Conservation Easement on the Site 5 Task 3 Mitigation Plan (Final Draft) and Financial Assurance 12 Task 4 Mitigation Site Earthwork Complete 18 Task 5 Mitigation Site Planting and Installation of Monitoring Devices 22* Task 6 Baseline Monitoring Report (including As -built Drawings) 22* Task 7 Submit Monitoring Report #1 to NCDMS Dec. after implementation Task 8 Submit Monitoring Report #2 to NCDMS Dec. - 2yrs after implementation Task 9 Submit Monitoring Report #3 to NCDMS Dec. - 3yrs after implementation Task 10 Submit Monitoring Report #4 to NCDMS Dec. - 4yrs after implementation Task 11 Submit Monitoring Report #5 to NCDMS Dec. - 5yrs after implementation Task 12 Submit Monitoring Report #6 to NCDMS Dec. - 6yrs after implementation Task 13 Submit Monitoring Report #7 to NCDMS and Complete Project Close-out Process Dec. - 7yrs after implementation and Spring after submittal of Report #7 * Time frame is dependent upon seasonal conditions at completion of Site implementation. 1.7 Success Criteria The following tables summarize the monitoring schedule and success criteria for this project, which follow the October 24, 2016, NC Interagency Review Team Wilmington District Stream and Wetland Compensatory Mitigation Update. Laurel Springs Stream Mitigation Site page 15 Technical Proposal (RFP # 16-007725) Table 12. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Streams Entrenchment ratio (ER) must be no less than 1.4 at any measured riffle cross-section. • BHR and ER at any measure riffle cross-section should not change by more than 10% from baseline condition during any given monitoring period. • The stream project shall remain stable, and all other performance standards shall be met through four Wetlands separate bankfull events, occurring in separate years, during the monitoring years 1-7. Wetland Hydrology • Saturation or inundation within the upper 12 inches of the soil surface for, at a minimum, 12 percent of the growing season, during average climatic conditions Vegetation Vegetation • Within planted portions of the Site, a minimum of 320 stems per acre must be present at year 3; a minimum of 260 stems per acre must be present at year 5; and a minimum of 210 stems per acre must be present at year 7. Visual Assessment In the mountain counties, trees must average 6 feet in height at year 5, and 8 feet in height at year 7 in each plot. • Planted and volunteer stems are counted, provided they are included in the approved planting list for the Site; natural recruits not on the planting list may be considered by the IRT on a case-by-case basis. Report Submittal Any single species can only account for up to 50% of the required number of stems within any vegetation plot. Table 13. Success Criteria Laurel Springs Stream Mitigation Site page 16 Technical Proposal (RFP # 16-007725) Streams • All streams must maintain an Ordinary High -Water Mark (OHWM), per RGL 05-05. • Continuous surface flow in each tributary should occur each year for at least 30 consecutive days. • Bank height ratio (BHR) cannot exceed 1.2 at any measured cross-section. • Entrenchment ratio (ER) must be no less than 1.4 at any measured riffle cross-section. • BHR and ER at any measure riffle cross-section should not change by more than 10% from baseline condition during any given monitoring period. • The stream project shall remain stable, and all other performance standards shall be met through four separate bankfull events, occurring in separate years, during the monitoring years 1-7. Wetland Hydrology • Saturation or inundation within the upper 12 inches of the soil surface for, at a minimum, 12 percent of the growing season, during average climatic conditions Vegetation • Within planted portions of the Site, a minimum of 320 stems per acre must be present at year 3; a minimum of 260 stems per acre must be present at year 5; and a minimum of 210 stems per acre must be present at year 7. • In the mountain counties, trees must average 6 feet in height at year 5, and 8 feet in height at year 7 in each plot. • Planted and volunteer stems are counted, provided they are included in the approved planting list for the Site; natural recruits not on the planting list may be considered by the IRT on a case-by-case basis. • Any single species can only account for up to 50% of the required number of stems within any vegetation plot. Laurel Springs Stream Mitigation Site page 16 Technical Proposal (RFP # 16-007725) Table 14. Compatibility of Performance Criteria to Project Goals and Objectives Goals Objectives Success Criteria (1) HYDROLOGY • Construct a new channel at historic floodplain elevation to restore overbank flows • BHR not to exceed 1.2 • Minimize downstream • Remove drain tiles and agriculture ditches • Document four overbank events in separate monitorin p g flooding to the • Plant woody riparian buffer years maximum extent • Attain Wetland Hydrology Success Criteria possible. • Deep rip floodplain soils to reduce compaction and increase soil • Attain Vegetation Success Criteria surface roughness • Protect riparian buffers with a perpetual conservation easement • Conservation Easement recorded • Construct channels with the proper pattern, dimension, and • Cross-section measurements indicate a stable channel • Increase stream longitudinal profile with the appropriate substrate stability within the Site • Remove livestock from the property • Visual documentation of stable channels and structures so that channels are • Construct stable channels with an appropriate substrate • BHR not to exceed 1.2 neither aggrading nor • Upgrade piped channel crossings • ER no less than 1.4 degrading. • Plant woody riparian buffer • < 10% change in BHR and ER in any given year • Stabilize stream banks • Attain Vegetation Success Criteria (1) WATER QUALITY • Remove agricultural livestock and reduce agricultural land/inputs • Remove direct nutrient • Plant woody riparian buffer • BHR not to exceed 1.2 and pollutant inputs • Restore/enhance jurisdictional wetlands adjacent to Site streams • Document four overbank events in separate monitoring from the Site and • Provide surface roughness and reduce compaction through deep years reduce contributions to ripping/plowing. • Attain Wetland Hydrology Success Criteria downstream waters. • Restore overbank flooding by constructing channels at historic • Attain Vegetation Success Criteria floodplain elevation. (1) HABITAT • Construct stable channels with an appropriate substrate • Cross-section measurements indicate stable channels with an appropriate substrate • Plant woody riparian buffer to provide organic matter and shade • Visual documentation of stable channels and in -stream • Construct a new channel at historic floodplain elevation to restore overbank flows structures. • Improve instream and • Plant woody riparian buffer • BHR not to exceed 1.2 stream -side habitat. • Document four overbank events in separate monitoring • Protect riparian buffers with a perpetual conservation easement • Restore/enhance jurisdictional wetlands adjacent to Site streams years • Attain Wetland Hydrology Success Criteria • Stabilize stream banks • Attain Vegetation Success Criteria • Install in -stream structures • Conservation Easement recorded Laurel Springs Stream Mitigation Site page 17 Technical Proposal (RFP # 16-007725) 1.8 Quality Control Our core business at RS is Full -Delivery ecosystem restoration (usually within the context of compensatory mitigation); as such, our projects are repeatedly scrutinized, and more importantly, our compensation is tied directly to project quality. Thus, quality assurance and quality control (QA/QC) is of the utmost importance to our compensation and reputation. The RS QA/QC program is made up of a broad range of measures, both general and specific, to ensure that all deliverables submitted to the contracting organization meet projected schedules, follow appropriate formats, and comply with applicable laws, regulations, and permits. General Measures: - Staff Qualifications — RS employs personnel who are trained and/or experienced in varied specific aspects of environmental restoration. Examples include regulatory affairs, permitting, design, geomorphology, chemistry, biology, soils, Geographic Informational Systems (GIS), invasive species management. Field Training — Staff members attend periodic workshops for training in pertinent topics to improve and/or maintain necessary skills related to stream/wetland design and construction. Restoration Systems periodically holds internal workshops and field study days lead by experienced staff members to ensure that the team of Project Managers is up-to-date on current practices and technology. Staff members have also attended stream and wetland restoration workshops, including those held by North Carolina State University's Stream Restoration Institute (SRI), focusing on proper procedures related to stream restoration practices. - Internal Experience—Office staff members periodically attend workshops lead by professional organizations to remain current on best practices. A support team backs all projects, and a senior level professional is consulted at all times to guide the process from start to finish successfully. Specific Measures: - Project Implementation — The core of RS's project implementation QA/QC program utilizes points of task changeover within the restoration process. Procedural verification steps at each of these changeover points provide opportunities for control and correction, minimizing waste while ensuring a project meets its objectives. - Quality Control — Ecosystem restoration projects o Site evaluation ■ identify and document site constraints that will affect restoration objectives, design, and construction o Design evaluation ■ verify design meets objectives and is practicable given construction constraints and site- specific conditions o Construction plan evaluation ■ ensure construction plan is consistent with permit conditions and efficiently implements the design (i.e., limits number of phases) o Construction environmental and permit compliance ■ routine inspection of construction activities to ensure environmental compliance and that all work is performed according to specifications and limitations of acquired permits o Design and construction reconciliation ■ reconcile construction drawings with implementation routinely, especially before transitioning between construction phases o Construction drawing and as -built reconciliation ■ verify the accuracy of as -built drawings and reconcile with construction drawings, noting deviations and their explanations Laurel Springs Stream Mitigation Site page 18 Technical Proposal (RFP # 16-007725) o Site close out ■ confirm planting was performed with appropriate species composition and density ■ check that all excess construction materials have been removed and all features/structures are in a completed condition - Assignment of specific tasks and responsibilities — Specific tasks that occur throughout the life of a project are assigned to specific individuals who are trained and/or experienced to perform that task. All arrangements are overseen by senior management. Project implementation QA/QC program is a collaborative effort between the Project Manager (PM) and Construction Manager (CM). Either the project manager or the construction manager (or both) will be on-site during construction hours to ensure environmental compliance and the appropriate implementation of the project's design. - Deliverable Preparation — a series of measures are taken in the preparation of deliverables to ensure each product meets the expectations of the customer and is delivered on time. o Checklists and Templates — RS staff has developed internal guidelines, checklists and templates for the preparation of all deliverables to ensure compliance with appropriate requirements and schedules. Checklists are created to ensure that all required paperwork is included when assembling submittal packages and for easy delegation of workflow. o Peer Review of Documents — Several qualified individuals review all submitted deliverables. Once a document has been generated internally or received from an assigned consultant, it is entered into a three -round process of internal review. Staff members experience in editing first review the document. It is then passed on to staff members with specific expertise in a given area to ensure accuracy. Finally, where applicable, maps and diagrams are reviewed by an experienced GIS Manager for accuracy. Once all comments have been made, the document is edited and distributed for a final round of review by staff members and the assigned Project Manager before packaging. o Prosect Managers' Meetings — All managers meet weekly to update company management on the status of each project, including the projected future timeline of tasks. o Prosect Coordination and Tracking — Restoration Systems' Project Manager and Construction Manager utilize appropriate computer software to produce a Gantt chart for each project. These charts graphically display the schedule for each project and are used to identify potential delays, overload points, and other issues related to schedules. Each chart is reviewed weekly at the Project Managers' meeting. 1.9 References Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of N.C. and S.C. U.S. Geological Survey, Reston, Virginia. Harman, W.A., D.E. Wise, M.A. Walker, R. Morris, M. A. Cantrell, M. Clemmons, G.D. Jennings, D. Clinton, and J. Patterson, 2000. Bankfull Regional Curves for North Carolina Mountain Streams. In: AWRA Conference Proceedings. D.L. Kane, editor. AWRA Specialty Conference on Water Resources in Extreme Environments. Anchorage, Alaska. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation. Version 4.2. North Carolina Department of Environment and Natural Resources, Ecosystem Enhancement Program. Raleigh, North Carolina. Leopold, L.B. 1994. A View of the River. Harvard University Press. Cambridge, MA. 298 pp. Laurel Springs Stream Mitigation Site page 19 Technical Proposal (RFP # 16-007725) North Carolina Division of Mitigation Services (NCDMS). 2016. Quantifying Benefits to Water Quality from Livestock Exclusion and Riparian Buffer Establishment for Stream Restoration. June 15, 2016. North Carolina Department of Environmental Quality, Raleigh, North Carolina. North Carolina Department of Environmental Quality (NCDEQ). 2018a. Final 2016 Category 5 Assessments -303(d) List (online). Available: https://files. nc.gov/ncdeq/Water%20Quality/Planning/TM DL/303d/2016/2016_NC_Category_5_303d_li st.pdf (February 4, 2019). North Carolina Department of Environmental Quality (NCDEQ). 2018b. Draft 2018 North Carolina 303(d) List (online). Available: https://files.nc.gov/ncdeq/Water%20Quality/Planning/TM DL/303d/2018/2018-DRAFT-NC-303-d--ListwCover. pdf (February 4, 2019). North Carolina Division of Water Resources (NCDWR). 2013. River Basin Classification Schedule: French Broad (online). Available: https://files.nc.gov/ncdeq/Water%20Quality/Planning/CSU/Surface%2OWater/River%2OBasin%2OWater%2OQualit y%20Classifications%20as%20of%20Dec%209%202013/FrenchBroad_Hydro_order.pdf (February 4, 2019). North Carolina Ecosystem Enhancement Program (NCEEP 2009). French Broad River Basin Restoration Priorities 2009 (online). Available: https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/French_Broad_River_Basin/French_Broad _RBRP_15july09.pdf. North Carolina Department of Environment and Natural Resources, Raleigh (February 4, 2019). North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method (NC SAM) User Manual. Version 2.1. North Carolina Wetland Functional Assessment Team (NC WFAT) 2010. N.C. Wetland Assessment Method (NC WAM) User Manual. Version 4.1. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado Rosgen, D. 2009. A Practical Method of Computing Streambank Erosion Rate (online). Available: http://www.0-s- c.org/htmI/documents/Erosionrates.pdf. Rosgen, D. 2011. Estimating Sediment Loads using the Bank Assessment of Non -point source Consequences of Sediment (BANCS). Watershed Assessment of River Stability and Sediment Supply (WARSSS). Hagerstown, Maryland. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, North Carolina Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Army Corps of Engineers (USACE). 2016. Wilmington District Stream and Wetland Compensatory Mitigation Update. United States Department of Agriculture (USDA). 2017. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx [December 19, 2018]. United States Fish and Wildlife Service (USFWS). 2018. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Avery County, North Carolina (online, updated June 27, 2018). Available: https://www.fws.gov/raleigh/species/cntylist/avery.htmi [February 5, 2019]. Laurel Springs Stream Mitigation Site page 20 Technical Proposal (RFP # 16-007725) APPENDIX A FIGURES Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3. Topography and Drainage Area Figure 4. Existing Conditions and Soils Figure 5. Proposed Conditions Laurel Springs Stream Mitigation Site Appendices Technical Proposal (RFP # 16-007725) 2 oe Ch" '17� Axiom Enworwbenlo, in(:. J Q) Prepared for: rlr 61 rX RESTORATION SYSTENIS I LLC Copyright:© 2013 National Geographic % Society, i -cubed Project: J LAUREL SPRINGS .40 MITIGATION SITE CPA*- Linville % Avery County NC Title: st V/ SITE V of LOCATION • V W ♦r. x < J 19E ell, 7 Drawn by: 194 KRJ OW) A Date: fFEB 2019 L• Legend Scale: N\"ill 1:20,000 Laurel Springs Easement 26.2 ac NCDOT Roads Project No.: 19-001.01 Spruce` Newland, Carvers Gap, and Spruce Pine, NC Quads) USGS 7.5 Minute Topographic Map (Linville Falls, !uce -A --JPine FIGURE Directions to the Site from Boone: Head south on NC -105 for 16.9 miles > Turn right onto US -221 South then left to stay on US -221 South Atter 9.3 miles, turn right onto NC -194 South After 2.3 miles, turn right onto Little Buck Hill Creek Road ' )al.Ge, phic The site is on the right after about 0.6 miles. Co0i&,4U,@ 2013'Na, tioi Site Latitude, Longitude 35.9913, -81.9837 (WGS84 Soaety cubed d &1 Erwrfn _i '4N - Roan High _Sr Rle Mountain ` -11•: Paris Earner Els Ai.. Axiom Enworunenlo, in(:. �ltilinneapolrs i' Prepared for: Newland � hiionte- a Linville 4 �.RESTORATION ` vBakersville a Project: 7-Cros-pore reen Mountain Location of Laurel Springs Mitigation Ile Site within USGS Hydrologic LAUREL SPRINGS Unit and Targeted Local Watershed 06010108010020 MITIGATION SITE Linville Eppi Avery County, NC +` Penland Burnsville Title: ' icavil e spruc .. S z HYDROLOGIC UNIT MAP r ' JlW , :; a j . ;, t `� Or •! ,k ,! Drawn by: KRJ Date: 12FEB 2019 2eA �' r Scale: ter.,- _ '+r'►�"��` r .� � BarnardsvMe 1:220,000 A Craig � Legend let Project No.: Mitchell t 19-001.01 Laurel Springs Easement = 26.2 act ' ; � l t Gbbes �; USGS Hydrologic Unit 06010108 ,��' ; ! FIGURE ' / I_ 14 Digit Hydrologic Unit Boundaries ;-;� a. 'vim .� 221 (',2 L� six2 Rig 31F11 A1;�, Targeted Local Watersheds �l rrebay� �T K - _ ��.. 0 2.5 5 10 15 Miles , Copyright:© 2014 DeLorme �A 1 1 1%M, t ► `�- o°o°0000°o°o • �' .moo°000°000°o�o`� o o°o°o°o°o°o°o°o°o°o°�o♦ 0°0°0°0°0°0° i �00000000q�R,�O00000OOOOOOOOOOOOOOOOOOO� D �'soi�'•moi°o�iMi°�o°i°i°i°i°i°i°i 100.0 Cross Section 3 99. 99.00 0 200 400 , •// r1U11� f 1 ' f � --4. � ice• -r. _ice- �. 5 1 / F 1 IN J 5 RESTORATION SYSTEMS I LLC �1 R ir x �1 NCSAM Form #2 NCSAM Form #1 Score: LOW F 1 - • i°ii°i'� ®��°°iii°i°ii•��i�o�o-o-o-o Poll i°oo�°�°�o�°�°�o�o�°�o�o��°,� MARMAoAMAo�o�o�o�o�o�o�o�o�o �o�►�° ♦=o�o�'` , N �i►°°i°i°i°i°i°i°i°i°i°i°i°i°i°i°i°i°i°o°i°i°i°i°ivo�♦ �iO "� _'�siR;i°iso°i�°�°�o�°�°�o,°�o�°�°�o�°�°�°�o�°�°�°�°�oo��i��0►, . - ..' �►.�i�00000OOOOOOOOOOOOOOO000�s ' �!oo°-0000°-0000°-----0000°0000-°o°-0000°-0000°�� • �!�i°-o°o°o°o°o°o°o°o°o°o°o°o °��°•`-o°o°o°o°o°o°o°o°o°o°o MAN o NCSAM Form #4 Score: - Axiom Envirorimenlo, in(:. Prepared for: I Project: LAUREL SPRINGS MITIGATION SITE Avery County, NC �1 Title: PROPOSED CONDITIONS Vki" all 4 Drawn by: NN - KRJ Date: Nk— FEB 2019 Scale: 1:2200 Project No.: 19-001.01 FIGURE a ZL V. 4AL 800 Feet t AN fir Legend Laurel Springs Easement = 26.2 ac Stream Restoration = 2974 ft Stream Enhancement (Level 1) = 353 ft Stream Enhancement (Level 11) = 402 ft Stream Enhancement (Level 11) @ 5:1 = 183 ft Stream Preservation = 1165 ft Wetland Restoration = 7.5 ac Wetland Enhancement = 0.3 ac 4 -foot contours 0 200 400 Axiom Envirorimenlo, in(:. Prepared for: I Project: LAUREL SPRINGS MITIGATION SITE Avery County, NC �1 Title: PROPOSED CONDITIONS Vki" all 4 Drawn by: NN - KRJ Date: Nk— FEB 2019 Scale: 1:2200 Project No.: 19-001.01 FIGURE a ZL V. 4AL 800 Feet t AN APPENDIX B STREAM & WETLAND DATA NCSAM Forms Cross Sections BEHI & NBS Soil Boring Logs Nonstandard Buffer Width Calculations Laurel Springs Stream Mitigation Site Appendices Technical Proposal (RFP # 16-007725) One Mile XS Riffle --- 102 101 100 99 4 98 ___ 95--- 94 0 5 10 15 20 25 30 Width from River Left to Right (ft) section:;e;; description: height of instrument (ft): omit distance FS notes ot. (ft) (ft1 dimensions 21.6 x -section area 1.7 d mean 12.5 width 14.8 wet P 2.9 d max 1.5 h d rad! 3.4 bank ht 7.2 w/d ratio 250.0 W flood prone area 20.0 ant ratio hydraulics 0.0 velocity (ft/sec) 0.0 discharge rate, Q cfs 0.00 shear stress ((Ibs/ft sq) 0.00 shear velocity (ft/sec) 0.000 unit stream power lbs/ft/sec 0.00 Froude number 0.0 friction factor u/u* 0-0 Ithreshold grain size mm check from channel material 0 mm0.0 reasuredD84 ativehness 0.00.000annings n from channel material 100.5 100 99.5 99 c 98.5 5 98 > 97.5 v w 97 96.5 96 95.5 95 One Mile XS 3 Riffle -- 0 5 10 15 20 25 section: description: of instrument (ft): Riffle Width from River Left to Right (ft) notes I Dt. I (ft) I (ft) I elevation I I bankfull ROD of bank) (ft) I slope M I dimensions 13.4 x -section area 1.5 d mean 9.0 width 10.7 wet P 2.2 d max 1.3 h d rad! 3.0 bank ht 6.1 w/d ratio 250.0 W flood prone area 27.7 ant ratio hydraulics 0.0 velocity (ft/sec) 0.0 discharge rate, Q cfs 0.00 shear stress ((Ibs/ft sq) 0.00 shear velocity (fUsec) 0.000 unit stream power lbs/tUsec 0.00 Froude number 0.0 friction factor u/u* 0-0 Ithreshold grain size (mm) check from channel material 0measured D84 mm 0.0 relative roughness 1 0.0 1 fric. factor 0.000 1 Manning's n from channel material Site One Mile Steam Mitigation Site Stream Fork Creek Bank Length 4134 Observers WGL Date 4 -Feb -19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 445 right Low Low 0 445 3 0.0 2 585 right Mod Mod 0.05 140 2 14.0 3 660 right High High 0.2 75 3 45.0 4 720 right Low Low 0 60 3 0.0 5 805 right High High 0.2 85 3 51.0 6 960 right Low Low 0 155 4 0.0 7 1050 right High High 0.2 90 3 54.0 8 1710 right Extreme High 4 660 4 10560.0 9 1780 right Low Low 0 70 3 0.0 10 1990 right High High 0.2 210 3 126.0 11 2100 right Mod Mod 0.05 110 3 16.5 12 13 445 left Low Low 0 445 3 0.0 14 560 left Mod Mod 0.05 115 2 11.5 15 594 left High High 0.2 34 3 20.4 16 649 left Low Low 0 55 2 0.0 17 704 left High High 0.2 55 3 33.0 18 984 left Mod Mod 0.05 280 3 42.0 19 1644 left Low Low 0 660 3 0.0 20 1714 left Low Low 0 70 3 0.0 21 1924 left High High 0.2 210 3 126.0 22 2034 left Mod Mod 0.05 110 3 16.5 23 24 Sum erosion sub -totals for each BEHI/NBS Total Erosion (ft3/yr) 11115.9 Divide total erosion (ft3) by 27 Total Erosion (yd/yr) 411.7 Multiply Total erosion (yard3) by 1.3 Total Erosion (tons/yr) 535.2 Erosion per unit length Total Erosion (Tons/yr/ft) 0.129 Site One Mile Steam Mitigation Site Stream UT 1 Bank Length 2728 Observers WGL Date 4 -Feb -19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 454 right High Low 0.1 454 4 181.6 2 924 right High High 0.2 470 3 282.0 3 1364 right Mod Mod 0.05 440 3 66.0 4 5 454 left High Low 0.1 454 4 181.6 6 924 left High High 0.2 470 3 282.0 7 1364 left Mod Mod 0.05 440 3 66.0 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub -totals for each BEHI/NBS Total Erosion (ft3/yr) 1059.2 Divide total erosion (ft3) by 27 Total Erosion (yd/yr) 39.2 Multiply Total erosion (yard3) by 1.3 Total Erosion (tons/yr) 51.0 Erosion per unit length Total Erosion (Tons/yr/ft) 0.019 Site One Mile Steam Mitigation Site Stream UT 2 Bank Length 1540 Observers WGL Date 4 -Feb -19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 75 right Low Low 0 75 0.5 0.0 2 145 right Low Low 0 145 0.5 0.0 3 75 right Mod Mod 0.05 75 1 3.8 4 475 right Low Low 0 475 2 0.0 5 6 75 left Low Low 0 75 0.5 0.0 7 145 left Low Low 0 145 0.5 0.0 8 75 left Mod Mod 0.05 75 1 3.8 9 475 left Low Low 0 475 2 0.0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub -totals for each BEHI/NBS Total Erosion (ft3/yr) 7.5 Divide total erosion (ft3) by 27 Total Erosion (yd/yr) 0.3 Multiply Total erosion (yard3) by 1.3 Total Erosion (tons/yr) 0.4 Erosion per unit length Total Erosion (Tons/yr/ft) 0.000 Site One Mile Steam Mitigation Site Stream UT 3 Bank Length 1800 Observers WGL Date 4 -Feb -19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 75 left Mod Low 0.02 75 1.5 2.3 2 190 left Low Low 0 115 0.5 0.0 3 310 left Mod Mod 0.05 120 1 6.0 4 900 left Low Low 0 590 1 0.0 5 6 75 right Mod Low 0.02 75 1.5 2.3 7 190 right Low Low 0 115 0.5 0.0 8 310 right Mod Mod 0.05 120 1 6.0 9 900 right Low Low 0 590 1 0.0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub -totals for each BEHI/NBS Total Erosion (ft3/yr) 16.5 Divide total erosion (ft3) by 27 Total Erosion (yd/yr) 0.6 Multiply Total erosion (yard3) by 1.3 Total Erosion (tons/yr) 0.8 Erosion per unit length Total Erosion (Tons/yr/ft) 0.000 Site One Mile Steam Mitigation Site Stream UT 4 Bank Length 1330 Observers WGL Date 4 -Feb -19 Station Bank BEHI NBS Erosion Rate Length Bank Height Erosion 1 665 left Low Low 0 665 1 0.0 2 3 665 right Low Low 0 665 1 0.0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sum erosion sub -totals for each BEHI/NBS Total Erosion (ft3/yr) 0.0 Divide total erosion (ft3) by 27 Total Erosion (yd/yr) 0.0 Multiply Total erosion (yard3) by 1.3 Total Erosion (tons/yr) 0.0 Erosion per unit length Total Erosion (Tons/yr/ft) 0.000 BEHIMBS Summary Stream Reach Erosion Rate (tons/year) Fork Cr 535.2 UT 1 51.0 UT 2 0.4 UT 3 0.8 UT 4 0.0 Total 587.4 APPENDIX C NHP REPORT Laurel Springs Stream Mitigation Site Appendices Technical Proposal (RFP # 16-007725) P, t t t t t 1� 1`I t 11 11 I t \ I7 1 1 ♦ ♦ 1 t 1-► ♦ t ♦ t t t t ♦ ♦ ♦ 1rd'7 ♦ t ♦ t ♦ 1 1'I ♦ t t ♦ 1rd 7 ♦ 111 \'I111111111111 ♦ 1 ♦ ♦ 1 ♦ \ `I t ♦ ♦ t \ 7 1 1 t 1'I \' I \-► ♦ t ♦ ♦ 1 1 \'7 ♦ ♦ 1 I 1 \'I t l' / t ♦ \' / ♦ t 1 1 ♦ ♦ 1' I ♦ t 1�l���1 111��11��11!i►1 II N.�fQ� 11 11 hll l,!�111 1111.�p1�1 II II II I1�,N 111111111,!i11 I I2TI 10 P, I"II r" DII1111,ti►1011 H51 111111111P,i5 1"i1 ►I IIIP,II ►,�"I 1,�11Pl11F1�1 111.1 II 1!. 1111 ►1►11,X1111,�'5 F1 ��1111111F"III �1111.��i�1 ISN 11 11 1111 iii i�tl 11 /�� ISI II iii►► iI �!i�i►i i� 1 11 Ily�l ►i 11111111:11 1II P'll 0451111 10151, 1111111111111�:1�1�111 ►:IIP,t"II►IIIII►J► ►IIIII IIIIIIIIrilI►:1�►1►1►; D:1IIIIIIII►IIII151111►;IIII►;�E I I►; i 4►;� y1►:� III1►111liIP,;qIII►;� ;1► IIID, 1►I►;I IIII:I :1►ZQ; 1/,:1►'',II►:111"pM II F11 @ 11 II PMIj}"I 1►:1:1►:I'lIIII►:10IF" II►;E 15 11X111►011P, I►IIIF, 15 111►:11►:10101►II►'1Q►:150►;I1PP;I1I►;�IIF, IF, 111@ Il IP; ',IIF, I11111PII►1►; I►F�IIMI, 550111IIF, I►:151►;0,1I►:Ip/1' Il151111 11 16110111111 pli III /1:1111►; R11►1►.111 I ►.11111, I ►.11;501 1 P, 4," ►;fl I►;i; ►; il 111111": �I I PiPi 5 11111 D5 11o„ I F31� 1 ►; ►, 5 1 ►�I 161 E;II ►,►1 11► 11.1 I II I 11 ►1 11 1111 II ►1 II 110 1111111 II 1 1� I l 11 ►;�"Ill 11 1111 II ►:1 ►.� 11►:1►:l111►1►1 ►:1►111►� ►.� ►:1►111►�11 ►1111111 ►1111111 ►1►1►1►1 1:1 1:1 Itl It.�11 1:11:x; 1:�„ Itl ►� 11►;;IIII1:11:11:�;'I Irl 1:1 1:11:1 Itl III:I@I@IP,Iglg 121►1:151 �a5n vcA f•a J e,re'f. ear • 3}qy ' e::. H,rr NCNHDE-8163: One Mile ar'• •rA�Q9� 10 m_r OOS !� OA I 401 J, I • if ' i a I' L— I N 'moi W+ S February 8, 2019 ® Project Boundary Buffered Project Boundary Q Managed Area (MAREA) '� maw t �• � Ar Alp 1 r00Three Mile A- Yy' r -4110 f Ro woman W.rse �n H f may✓. o y c '4yy Ru _ ;;5�t [l A 01RI r"Ii ilg;ilPE 151� 1:24,378 0 0.2 0.4 0.8 mi 0 0.325 0.65 9.3 kM Sources: Esri, HERE, Garmin, Inlannap, imre nl P Cup-. GE6G0, USM, FAO, NPS, NRCAN, Geo6asa, IG N, Nadas€er NL- Ordnanpe Surrey, C$Fi Japan, METI, Fsn China (Hang "). srriastopo, O OpenSIr Map wntrilmlom. and rtro GIS User Car nIN APPENDIX D MEMORANDUM OF OPTION AGREEMENT Laurel Springs Stream Mitigation Site Appendices Technical Proposal (RFP # 16-007725) Prepared by _Jahn D. Hamby NORTH CAROLINA AVERY COUNTY 1019000516 AVERY CO, NC FEE $26 00 PRESENTED & RECORDED : 02-04-2019 01:40:24 PM RENEE DELLINGER REGISTER OF DEEDS BY: CHERYL GARLAND DEPUTY BK: RE 528 PG: 1313-1320 MEMORANDUM OF CONTRACT TO PURCHASE REAL PROPERTY RESTORATION SYSTEMS, LLC, as "Buyer", and JERRY V WILLIS AND WIFE STEPHANIE, DAKOTA DEAN WILLIS, SINGLE, AND SARAH ANN WILLIS, SINGLE, collectively known as "Seller", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have entered into an Agreement for Purchase and Sale of Real Property, to purchase and sell that certain property of Seller containing 15.25 f acres located in Altamont Townships, Avery County, North Carolina, as described in Exhibit A and shown on Exhibit A-1 attached hereto and incorporated herein by reference. (a) The provisions set forth in a written Agreement for Purchase and Sale of Real Property dated the_I day of 6 6• 2019, between Lhe parties, are hereby incorporated in this Memorandum by reference. The ref renced Agreement has an examination period until June 15Th, 2019 from the execution of said Agreement, WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the 30 day ofT�� 2019. BUYER: RESTORATION SYSTEMS, L C Na �AL) Name: Title: Page 1 of 8 RE BK 528 PG 1314 STATE OF NORTH CAROLINA COUNTY OF "k e - I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: coea t— 4-1,�,W, C//A (Name of Person(s) Appearing before Notary) WITNESS my hand and official seal, this �30 day of nN4 2019. Notary's ficial Signature (Officirll Sea%l��llllfli�/ =st ssloy� 9 Notary's Printed or Typed Name �,�A�,. _ My commission expires: t� put -G 3r y� 11; 4$' CouN� ;;�`• Page 2 oFS RE BK 528 PG 1315 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the I day of , 2019. SELLER: STATE OF NORTH CAROLINA COUNTY OF I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: JerrYy Ll/r WITNESS my hand and official seal, this day of 1",. 2018. fratary'sX'Icialgnature (Q��cia! Scfa�� �,•�'`pVCaN = ssian ?ter: =� k w '6E1pL�G G= '�.401cou111,o•, N fit, - b,-%,--4- 4 i APVI IC Notary's Printed or Typed Name My commission expires. 1f�jft 2 Page 3 of 8 L) RE BK 528 PG 1316 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the I day of 6 r!,,,�, 2018. SELLER: 'EPHANIE WILLIS (S 1A l_) X STATE OF NORTH CAROLINA COUNTY OF fttc I I I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: S�et7G`an;e_ WITNESS my hand and official seal, this day of b+,,,,IY. 2018. -� Y--L-� Ca- D (Official Seal) .yyCAN�y. �r ,�,F�CCUN,.`�. otary's Official Signature Notary's Printed or Typed Vame My commission expires: 11f S -2I_ Page 4 of 8 RE BK 528 PG 1317 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the L day of , 2018. SELLER: DAKOTA DEAN WILLIS �l1 xt w n ISA.. (SEAL) STATE OF NORTH CAROLINA COUNTY OF j 4,11 I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: WITNESS my hand and official seal, this % day of lel-r A� . 2018. 9i Notary's Official Signature (Official Seal) I �• O /y 'r, Notary's Printed or Typed Nene 1°� C": - My commission expires: �— W � � y pUB��G O co uN Page 5 of 8 RE BK 528 PG 1318 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the day of ^ ��� r . , 2018. SELLER: `6`i RAH AN ILLIS ! E ] STATE OF l V a,r f'V1 CC,, 6) ; C( COUNTY OF h �� I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: sa�a � /+')� w,,ll; S WITNESS my hand and official seal, this day of , 2018. (Official Seal) �,%%III11111r CkCAN y�'�. =0 [Y PAgy �:4 k 1C0U00,��� Notary's Official Signature Notary's Printed or Typed Nae My commission expires: t -. Page 6 of 8 RE BK 528 PG 1319 EXHIBIT "A" LEGAL DESCRIPTION Attached to and made a part of that certain Agreement for Purchase and Sale of Real Property dated February I , 2019, by and between RESTORATION SYSTEMS, LLC and JERRY V WILLIS AND WIFE STEPHANIE, DAKOTA DEAN WILLIS, SINGLE, AND SARAH ANN WILLIS, SINGLE. RE 485 486 SCHEDULE 'A' BEGINNING on a white oak, ingrams corner and runs North, 28 poles with the old line to a stake; thence West 60 poles to a blackEwn ; thence North 67 degrees West 2134- poles to the road; thence down and with the road 30 poles and 20 links to a stake in the old line; thence east wi.th said line 84 poles to the beginning. Containing 15�4 acres, more or. less. And being the same property conveyed by Cliff Wise and wife, Viola Wise to Lloyd Wise and wife, Lena Wise by deed dated the 18th day of April 1967, and recorded in the Office of the Register of Deeds for Avery County, North Carolina in Book 68, page 296. PROPERTY IS SUBJECT to a .life estate in Grantors, Bill Willis and wife, June Willis The final legal description of the property will be determined by a survey prepared by a licensed surveyor selected and paid by Buyer. Page 7 of 8 RE BK 528 PG 1320 EXHIBIT "A-1" Map Depicting Real Property Attached to and made a part of that certain Agreement for Purchase and Sale of Real Property dated February _L_, 2019, by and between RESTORATION SYSTEMS, LLC ("Buyer") and JERRY V WILLIS AND WIFE STEPHANIE, DAKOTA DEAN WILLIS, SINGLE, AND SARAH ANN WILLIS, SINGLE ("Seller"). 1pdH119 Avery CGllly, NC W�GIS N. l 'i Layer: Panels P.MI lll.mr. teizaammss o..ea�. mwm1, A -4p: 15.Ea4G +�+ • 'JUNE' 0—NAA1: vIa.M Ee1-leE ESDUEA WaLa N; 17.tM171 .":- + \ _ FE E6RATE AM -Mi U-*-- 0612 AMbii-I ftft 676 LITTLE SUCK Nal RD _ � - (Luna Aent n1a rrvav rs�sl RD , •� "h ICS �: �I*C 11IMM 007'. SAKERSVILLE 1.1:., x3 :+ wom ewb: W zP.29705 • - r `y N_Nt110r. as A&M N_ LITRE Uu ntl lin-a 1.. • i,4� L±rtiOS'u AheriTA-: RO ah—ILc wftv13M TOf1 Vow 654® Klin„vary_ St, ,\ f# A�nN� 6 Fft 5 1 it f� •��` 1 J T-1"c1m NNBH- Cat IW ' IJI..aU1JJ[ -�. _ ^1� T. `]]j�� • Dd aMIr1aM v—damp _1•ti — s + 1 �r-ar^�_. . 1197 IDM • S]O'.rtryin �. '� 11106 13.TMI096 i �Y•- .' a�e.W In �1 •�•�.- ALtQ41A1 offi: CEP19Ml5 ', % 600. 1525 Ile&: A- -' Gia 1 O�iii.f -1j6 : 1 + , i . 5 i • tl ` _ _ l'uar4,+tV. lee IV— 11 �• -I a1 5 zxs-:x+• + r� ~ ✓c OWWL�a1.IM Mn�d�AAa Frlrp wN�yM�.+ael NP'+d �.riirz>1 a14w•Lw.Lw ►/Y40La\htn W/tl)1Yw6ww Mlw�etes Ron►hl wlRYrY4p1.POM4 ? all •wet THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. rAW>R..artprip Page 8 of 8 M J Prepared by _John D. Flambe NORTH CAROLINA AVERY COUNTY uu�wwpmuo�uii 2019000515 AVERY CO, NC FEE $26.00 PRESENTED &RECORDED: 02-04-2019 01:40:23 PM RENEE DELLINGER REGISTER OF DEEDS BY: CHERYL GARLAND DEPUTY BK: RE 528 PG: 1307-1312 MEMORANDUM OF CONTRACT TO PURCHASE REAL PROPERTY RESTORATION SYSTEMS, LLC, as "Buyer", and EUGENE GARMON WISE AND WIFE, EDITH, collectively known as "Seller", for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have entered into an Agreement for Purchase and Sale of Real Property, to purchase and sell that certain properly of Seller containing 30.2 f acres located in A4mw4"c-re, , Townships, Avery County, North Carolina, as described in Exhibit A and shown on Exhibit A-1 oc- attached hereto and incorporated herein by reference. (a) The provisions set forth in a written Agreement for Purchase and Sale of Real Property dated the T day of2019, between the parties, are hereby incorporated in this Memorandum by reference. The referenced Agreement has an examination period until .lune 15th, 2019 from the execution of said Agreement. WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the .30 day of 2019. BUYER: RESTORATION SYSTEMS, LLC By: (AEAL) Name: +� Title: Page 1 of 6 RE BK 528 PG 1308 STATE OF NORTH CAROLINA COUNTY OF wu kP I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: (Name of crson(s) Appearing before Notary) WITNESS my hand and official seal, this TO day of T , 2019 (Official -S'ea!1-.%% t+1C)vll /1,,I s Won � 0 'dltBoo U r1i,F1CO 1%10 *. 's Official Signature Notary's Printed or Typed Name My commission expires.- 11—IS—?l Page 2 of 6 RE BK 528 PG 1309 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the day of 32019. SELLER: EUGENE GARMON WISE 9 (SEAL) STATE OF NORTH CAROLINA COUNTY OFAvezv I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: TI, WITNESS my hand and official seal, this _ day of 2018. (Of j1tial Seal) 0� T R f- "U1300 ► rr. r5 2p��+■' r� 4�- ++ .N,Icou, 's Official Signature, Notary's Printed or Typed Name My commission expires: -1 S— Page 3 of 6 RE BK 528 PG 1310 WITNESS our hands and seals to this Memorandum of Agreement for Purchase and Sale of Real Property, this the day of 32019. SELLER: EDITH WISE STATE OF NORTH CAROLINA COUNTY OF (SEAL) I certify that the following persons personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: WITNESS my hand and official seal, this q (Uj/icicrl�)ONCRN�� ,r,� • :� ssto., 9 z. �000 Notary's day ofkLe�, 2019. Signal tl-n -D-Uociw� &14vy Notary's Printed or 7)gpecl tame My commission expires: 1171X-. Page 4 of 6 RE BK 528 PG 1311 EXHIBIT "A" LEGAL DESCRIPTION Attached to and made a part of that certain Agreement for Purchase and Sale of Real Property dated February q 2019, by and between RESTORATION SYSTEMS, LLC and EUGENE GARMON WISE AND WIFE, EDITH. ■ 11 NOR'I II CARO UNIA=PI:('],%I. W,WRAN I DEED .. i.i..w ..., .... i�........ .. w... ...i ..� .. .� .... .~rya , I The final legal description of the property will be determined by a survey prepared by a licensed surveyor selected and paid by Buyer. Page 5 of 6 RE BK 528 PG 1312 EXHIBIT "A-1" Map Depicting Real Property Attached to and made a part of that certain Agreement for Purchase and Sale of Real Property dated February __C, 2019, by and between RESTORATION SYSTEMS, LLC ("Buyer") and EUGENE GARMON WISE AND WIFE, EDITH ("Seller"). 800 �i FF. .-. THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. Page 6of6 APPENDIX E LANDOWNER AUTHORIZATION FORM Laurel Springs Stream Mitigation Site Appendices Technical Proposal (RFP # 16-007725) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 485 Page: 484 County: Avery Parcel ID Number: 181200891385 Street Address: 676 LITTLE BUCK HILL RD NEWLAND NC 28657 Property Owner (please print: _Jerry, Stephanie,_ Dakota, and Sarah Willis The undersigned, registered property owner(s) of the above property, do hereby authorize JD Hamby of Restoration S stems Grant Lewis of Axiom Environmental to take all actions necessary for the evaluation of the property as a potential stream and wetland mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) 3719 SNOW CREEK RD BAKERSVILLE, NC 28705 Property Owner Telephone Number: _ 828-688-2513 Property Owner Telephone Number: 828-385-2513 W,c,-h ru y certify the above int"rnation,,po be true and accurate to the best of our knowledge. 2�- Owner ff orix-6d Signature (Date) (Property Owner Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 336 Page: 716 County: Avery Parcel ID Number: 18130080367000000 Street Address: 964 LITTLE BUCK HILL RD NEWLAND NC 28657 Property Owner (please print: Eugene Wise The undersigned, registered property owner(s) of the above property, do hereby authorize JD Hamb of ReVoralinrt Systems Grant Lewis of Axiom Environmental to take all actions necessary for the evaluation of the property as a potential stream and wetland mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 828-765-9810 Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. Owner Authorized Signature) a--11- /7 (Date) (Property Owner Authorized Signature) (Date) APPENDIX F TECHNICAL PROPOSAL SCORE SHEET Laurel Springs Stream Mitigation Site Appendices Technical Proposal (RFP # 16-007725) Technical Proposal Evaluation Criteria 8 -digit CU Rating Form Offeror: Restoration Systems, LLC Site Name: Laurel Springs Stream Mitigation Site River Basin / Catalog French Broad River Basin CU 06010108010020 Unit: RFP 16-007725 Number: Date of Site Evaluation: Type/Amt of Mitigation 4000 SMUs (Optional 7.65 WMUs) Offered: Proposal Review Committee: Alternate Attendees: Section 1. Minimum Requirements 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, provide the drainage areas (acres) and provide accurate, process -based descriptions Yes of all project stream reaches and tributaries? 2- For proposals that include wetland mitigation, does the technical proposal adequately document the presence of hydric soil indicators (including soil boring logs prepared by a Licensed Soil Scientist and a map showing soil boring Yes locations and mapped soil series)? 3- For proposals that include wetland mitigation, does the proposed success hydroperiod follow the IRT Guidance for the project site and soil series? If the proposed hydroperiod differs from the IRT guidance, justification must be Yes provided in the RFP. 4- Does the proposal adequately document the physical, chemical and/or biological impairments that currently exist on the project site? Yes 5- Does DMS agree with the overall mitigation approach (proposed levels of intervention) presented? [The Technical Proposal must demonstrate that the proposed mitigation activities are appropriate for existing site conditions and watershed characteristics (e.g., adjacent land use/land cover), and are optimized to yield maximum Yes functional gains.] 6- Does DMS agree with the proposed credit structure(s) described in the proposal? Yes 7- Does the proposed project avoid significant adverse impacts to existing wetlands and/or streams? Yes 8- Does the proposal adequately describe how the project will advance DMS watershed planning goals? Yes 9- For any proposed Priority 2 restoration, is P2 justified and/or limited to "tie-ins"? NA An answer of No in this section means the Technical Proposal is rejected. Continue or Reject? Continue Section 2. Functional Uplift Evaluation Functional Functional Planning Identified Functional Stressor Uplift Potential Stressor Category Check box below if Complete this section for identified stressor is identified Check boxes below to identify functional stressors ONLY. Select the option through watershed stressors addressed by proposal. that best describes the uplift potential for planning the majority of the project area. TRA RWP LWP ❑ Non-functioning riparian Low Moderate High Very High >. buffer / wetland vegetation ra ❑ Sediment Low Moderate High Very High Z3 ❑ Nutrients Low Moderate High Very High L Q� ❑ Fecal Coliform Low Moderate High Very High >ra ❑ Other Low Moderate High Very High ❑ Peak Flows Low Moderate High Very High t3A _O ❑ Artificial Barriers Low Moderate High Very High O ❑ Ditching/Draining Low Moderate High 2 ❑ Other Low Moderate High Very High ❑ Habitat Fragmentation Low Moderate High Very High ro ❑ Limited Bedform Diversity Low Moderate High Very High ❑ Absence of Large Woody Low Moderate High Very High ca _ Debris ❑ Other Low Moderate High Very High a Total Count Total O Count ra 4-J Multiplier Multiplier ca x1 x3 x6 x10 x2 x4 x6 C: cn O W +-J C:Planning Count x Function Count x 'E Multiplier Multiplier LLra A B _ Sum of Function Sum of Planning Adjusted Risk Factor Total Stream Feet Restoration Feet Enhancement Feet Total Stream Feet Risk Adjusted Score (Sum of Function X Factorc) Restoration Feet + (Enhancement Feet) \ 2 J < 25% 25-50% 50-75% c D Risk Adjusted Score D+ PlanningB = I E I Total Function and Planning Section 3. Genera Section 4. Final Score and Proposal Rating Total Function and 1 point 3 points 6 points 10 points What percent of the request does the proposed wetland project provide? (if applicable) < 25% 25-50% 50-75% >75% What percent of the request does the proposed stream project provide? (if applicable) < 25% 25-50% 50-75% >75% Physical constraints or barriers >10% 5-10% <5% None Easement Continuity >12 8-12 0 - Project Density >10 8-10 4-8 <4 Total F Section 4. Final Score and Proposal Rating Total Function and E Planning F Total General Final Score (E + F) Proposal Rating (Final Score x 0.01) Comments: 4