PKG00252599-instructions.pdf

Unique Qualifications Narrative Template

Maryland NRCS is looking forward to a productive and mutually beneficial partnership with an organization that can demonstrate a strong aptitude for and experience with easement acquisition services and contract management for land surveying, environmental reviews, title reviews, market analysis, property appraisals, and title agents/real estate attorneys. NRCS will be evaluating organizations based on the volume and variety of related work experience, the relevance of previous work experience, and the organization’s staff capacity. Applicants that rank the highest will be considered for this funding opportunity. This narrative submission should not exceed 4 pages.

Part 1 –Variety and Length of Work Experience:

Complete the chart below to demonstrate the variety and quantity of easement acquisition service providers your organization has worked with. Also include the amount of experience (in years) your organization has working with these service providers.

Service Provider Type How many service providers of this type has your company worked with?

How many years’ experience does your company have working with these service providers?

Land Surveying Company

Title Agent or Real Estate Attorney

Environmental Review Company

Land Surveying Company

Market Analysis and Appraising Company

USDA-NRCS-MD-ACEP-19-GEN0010303

Part 2 – Relevance of Previous Work Experience:

Describe to what extent your organization has worked with land surveying companies, title agent and real estate attorneys, environmental review companies, land surveying companies, and/or market analysis and appraising companies. Include information about the scope of the work and the role your organization played in meeting project goals and deadlines.

Part 3 – Organization’s Staff Capacity:

Detail your organization’s strategy to assign the appropriate personnel to this agreement.

Include information about the workforce assets your team will bring to the table, such as your staff’s size and your staff’s unique capabilities to accomplish agreement deliverables.

STATEMENT OF WORK FOR THE

COOPERATIVE AGREEMENT BETWEEN THE

U.S. DEPARTMENT OF AGRICULTURE NATURAL

RESOURCES CONSERVATION SERVICE

AND (RECIPIENT ORGANIZATION)

THIS AGREEMENT is between (RECIPIENT ORGANIZATION) and the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), 339 Busch's Frontage Road, Suite 301, Annapolis, Maryland 21409, hereinafter referred to as NRCS.

I. PURPOSE

The purpose of this agreement is to expedite completion of easement program projects by leveraging the assistance and expertise of (RECIPIENT ORGANIZATION). (RECIPIENT ORGANIZATION) has experience with contracting and bid acquisition for small and large natural resource related projects. (RECIPIENT ORGANIZATION) will work with NRCS to implement activities for properties enrolled in NRCS easement programs, including acquisition services and contract management for land surveying, environmental reviews, title reviews, market analysis, property appraisals, and title agents/real estate attorneys. The work of this agreement will mutually serve the missions of both organizations and will leverage the capabilities of both organizations to efficiently and effectively acquire easements.

II. OBJECTIVES

The objectives of this agreement are to obtain acquisition and closing services for easements on lands enrolled in NRCS easement programs (Agricultural Conservation Easement Program (ACEP). (RECIPIENT ORGANIZATION) will develop bid proposals, select contractors, manage contractors, and administer payments for these activities, as described in Section IV-B of this agreement. NRCS will have significant involvement in the acquisition of the easement boundary surveys, including site visits with surveyors and landowners, and technical assistance to ensure boundary surveyors meet program requirements.

III. RESPONSIBILITIES OF THE PARTIES

a. NRCS will:

i. Provide funding up to the amount shown on the Notice of Award for accomplishments and deliverables as listed in this statement of work, completed during the agreement period of performance. Funding will not exceed the amount stated on the Notice of Award.

ii. Reimburse (RECIPIENT ORGANIZATION) for indirect costs not to exceed

10% of the direct costs reimbursed under this agreement. Payment for the reimbursement of indirect costs not to exceed 10% shall be made with each SF- 270 submission and calculated as 10% of the cost of the services provided for which payment is being requested.

iii. Conduct an initial briefing at the NRCS State Office in Annapolis, Maryland within

30 days after the award. The purpose of the meeting will be to review the goals and objectives of the agreement.

iv. For each site, provide (RECIPIENT ORGANIZATION) with landowner contact information, location maps of the proposed Easement Area, Maryland Department of Assessments and Taxation Real Property Data Search, and Deed(s).

v. Provide an NRCS and/or partner project contact person for each site for identification and verification of proposed easement boundaries.

vi. Review surveys and certify that easement boundary surveys meet NRCS requirements and specifications, as provided in Attachment B.

vii. Provide (RECIPIENT ORGANIZATION) and/or the Surveyor with all necessary Conservation Easement Boundary Signs (without mounting hardware or posts).

viii. Verify and certify the location of the boundary survey on-site, and address landowner/decision-maker concerns regarding boundary locations.

ix. Verify and certify proper installment of boundary markers and sign-posts.

x. Provide (RECIPIENT ORGANIZATION) with the most current Specifications for the service at the time the service is requested.

Provide individuals as designated agreement contact persons between the NRCS and the (RECIPIENT ORGANIZATION) regarding technical and administrative matters.

b. The Recipient will:

i. Use the funds provided by NRCS to perform the work and to accomplish the deliverables and accomplishments identified in this agreement for the NRCS easement projects

ii. Coordinate the deliverables and accomplishments with NRCS, landowners, and partners, as needed.

iii. Develop bid proposals, select contractors, manage contracts/contractors, verify invoices, and submit payment requests. (RECIPIENT ORGANIZATION) shall verify that selected contractors are certified surveyors in good standing in the State of Maryland and have the capability to provide a complete and certified easement plat that can be filed with county land records.

iv. Contract with professional vendors to complete the deliverables identified in

Attachment A. Deliverables must be in accordance with Specifications for the service as provided by NRCS. NRCS will provide the most current Specification to (RECIPIENT ORGANIZATION) at the time the contract is made. Examples of the Specifications are in Attachments B - F of this agreement:

1. Easement boundary surveys according to Attachment B,

2. Specifications for Appraisals and Technical Reviews according to

Attachment C

3. Title and Closing Specifications according to Attachment D

4. Pre-acquisition Data Search according to Attachment E

5. Area Wide Market Analysis according to Attachment F

v. Instruct the selected contractor to coordinate with NRCS staff or designated partner, and landowners on deliverables identified in Attachment A.

vi. Verify contractor invoices and submit payment requests to NRCS only after receiving the necessary approvals from the NRCS Program Manager or designee.

vii. Comply with all of the requirements specified in the General Terms and Conditions which are incorporated as part of this agreement

viii. Provide all equipment and office space necessary to perform the services, unless provided by NRCS or a partner organization, and shall be subject to the same rules and regulations that apply to NRCS and other USDA employees when using Government- owned property or equipment.

ix. .

IV. EXPECTED ACCOMPLISHMENTS AND DELIVERABLES

See Attachment A. Deliverables must be in accordance with Specifications for the service as provided by NRCS. NRCS will provide the most current Specification to (RECIPIENT ORGANIZATION) at the time the contract is made. Examples of the Specifications are in Attachments B - F of this agreement:

i. Easement boundary surveys according to Attachment B

ii. Specifications for Appraisals and Technical Reviews according to Attachment C

iii. Title and Closing Specifications according to Attachment D

iv. Pre-acquisition Data Search according to Attachment E

v. Area Wide Market Analysis according to Attachment F

V. RESOURCES REQUIRED

a. Recipient:

i. Staff

b. NRCS:

Staff

VI. MILESTONES

Please refer to Attachment A for the anticipated deliverables and milestones

ATTACHMENT A

PROJECT DESCRIPTION

COOPERATIVE AGREEMENT NO. TBD

PROJECT INFORMATION

The Natural Resources Conservation Service in Maryland (NRCS) purchases conservation easements on private lands. The (RECIPIENT ORGANIZATION) will secure services related to closing on easements including preliminary title, title insurance, recording fees, boundary surveys, appraisals, associated appraisals services and market analysis.

The (RECIPIENT ORGANIZATION) will contract with vendors to procure the required services as specified in Attachment A-E for properties selected for funding or considered for funding, within their capacity and the funding made available through this agreement.

Program Funds may be moved from one project to another, in the same program, fund as necessary to complete the goals of the program.

Acquisition Services *Services include Title Services, Closing Services, Title Insurance, Recording Fees, Environmental Review, Boundary Survey, Appraisal, Market Analysis and any other service required to properly convey the easement.

Program Planned Year Cost Estimate

Activity Number of Easements (Estimated)

Milestones

ACEP 2019-2021 $200,000.00 All *Services Required to Convey Easement 6 ¼ by 12/31/2020

Remaining by 12/31/2021

Market Analysis

ACEP

2019-2021 $25,000.00 Market Analysis N/A ½ by 12/31/2020

Indirect Costs 2019-2021 $22,500.00 Technical Assistance - Funds for indirect costs not to exceed 10%

N/A ¼ by 12/31/2020

Total $247,500.00

Cooperative Agreement 68-3B19-18-

XXX

ATTACHMENT B

-EXAMPLE –

A. SCOPE

A professional land surveyor, licensed or registered in the State where the land survey is to take place, must complete all legal easement boundary surveys, including ingress and egress routes required for Natural Resources Conservation Service (NRCS) easement programs. The work will consist of performing all surveys, measurements, computations, drawings, and descriptions required by this specification. NRCS will provide the surveyor with a deed, preliminary title search, location map and aerial photograph of the proposed easement area. The map will include the area to be surveyed, the ingress and egress routes or points of access, and any other applicable descriptive information. The surveyor must furnish plat maps, written descriptions of the easement area, suitable electronic media of the survey information, and other items as required herein.

Note: The NRCS map is only a general estimate of the proposed boundary lines. The survey will reveal the landowner’s actual easement boundary lines.

B. QUALITY OF WORK

All land survey work must follow recognized professional practices and standards and meet the accuracy specifications and positional tolerances set forth in the regulations of the State where the survey will take place and the NRCS specifications defined herein. In the case of a discrepancy between the NRCS specifications and the State specific requirements, the more stringent requirements will govern. In addition, any land survey in a Public Land Survey System (PLSS) State must comply with the guidelines, directions, and procedures specified in the current Bureau of Land Management (BLM) “Manual of Surveying Instructions” (Manual), except where authorized by these Land Survey Specifications. The easement boundary and ingress and egress route description must be clear, accurate, complete, and meet NRCS’s intent and program requirements. All notes, sketches, computations, and other data must be complete, legible, and organized in a manner that will allow reproduction of copies.

C. PERSONNEL AND EQUIPMENT

All work must be performed by, or under the direct supervision of, a person licensed or registered to practice land surveying in the State where the land survey is to take place. Other support personnel must have the training and experience to perform the work competently. Equipment for surveys must be of the quality and condition to provide the accuracy required. Equipment must be in good condition and in proper adjustment at all times. The surveyor must keep a record of all adjustments and provide records as requested. The surveyor will select the methods and instruments to be used for field data collection and boundary location. Methods such as traverse, triangulation, satellite and inertial positioning systems may be used.

The NRCS contracting officer (CO) may, at his or her discretion, designate a COR, or a technical representative to assist in preparing, awarding, administering, inspecting, and accepting the professional land surveying services contract. This will be determined on a State-by-State basis and referenced in the work order.

D. NOTIFICATION OF INTENT TO SURVEY

Prior to the start of survey field work, the surveyor must have an onsite presurvey field visit with the landowner or landowner’s designated representative, NRCS contracting officer’s representative (COR or technical representative) and NRCS designated conservationist. During this onsite presurvey visit, the proposed easement boundaries and the ingress and egress route or points of access will be reviewed. Known encroachments and conflict areas should be avoided and excluded from the easement.

Before fieldwork for surveying begins, the surveyor must notify the NRCS representative or designated conservationist and the landowner of the date and time for conducting the survey.

Notification must be a minimum of 3 business days prior to beginning work. If the work is not started on the planned date, the surveyor must notify the designated conservationist, COR, and landowner of the revised date and time that work will begin.

E. SURVEY AREA

The area to be surveyed should be marked by wooden stakes or flags during or prior to the onsite presurvey meeting by the designated conservationist, landowner or landowner’s representative. Only boundary angle points should be staked or flagged sufficient for field verification by the surveyor, COR, and landowner.

In cases where NRCS has agreed with a landowner’s request to exclude areas from within the easement perimeter, they will be surveyed as described herein, including the requirement for access routes to each excluded area of a sufficient width for vehicular travel. All private and public roads and associated roadway easement areas will be excluded from the easement boundary area, unless otherwise specified by NRCS. The net easement area will be reported by the surveyor and computed by subtracting the excluded areas and excluded road rights-of-way from the exterior perimeter boundary area. The net easement area will be computed to the nearest hundredth of an acre.

The boundary survey must be a complete perimeter traverse of the easement area tied to two monumented corners of the PLSS or two monumented corners of a recorded deed.

The surveyor must inspect documents provided by NRCS and recorded documents in the county register’s office for the purpose of retrieving deeds of record and recorded plat maps for the subject and adjoining properties. Existing recorded easements, right-of-ways, onsite located unrecorded easements, u t i l i t i es or infrastructure and exceptions listed in the preliminary title commitment must be plotted and shown on the final plat of survey.

The surveyor must show latitude and longitude based on the North American Datum of 1983 (NAD 83) along with State Plane Coordinates (NAD 83) for 1) the point of beginning for the easement area, 2) the point of beginning for the ingress and egress to the easement area, if applicable, and 3) at least four other c o r n e r s of the easement area. All coordinate values shown will be georeferenced to the National Spatial Reference System (NSRS) in compliance with BLM “Incorporating Standards for the Positional Accuracy of Cadastral Surveys When Using Global Navigation Satellite Systems,” and documented in such a manner that future surveyors can confidently replicate the position.

The easement area must not encroach on areas possessed by or subject to claims by others and must exclude any encroachments from adjoining properties. If the title line of the area to be surveyed differs from the area currently possessed or is subject to a claim by others, the differences must be shown on the plat of survey, noted in the surveyors report, and the easement area adjusted as follows:

If the title lines fall short of the apparent lines of current possession, the easement boundary will not cross the title line.

If the title lines cross apparent lines of current possession, the easement boundary will not cross the apparent lines as possessed.

If title line and the adjoining property title line create an overlap or gap, the easement boundary will exclude the overlap or gap area.

Any conflicts or encroachments discovered by the surveyor in the course of the work must be reported to the COR in writing within 5 business days. The surveyor will not be required to resolve title or possession conflicts, but will be required to report facts and any professional opinions that may be relative to the conflict. The contractor must cease work in the area of conflict as directed by the

COR.

Any significant (more than 10 percent) variation from the preliminary easement area estimated acres should be reported immediately to the COR and NRCS State easement program coordinator. The surveyor will not modify the easement area surveyed at the direction of the landowner or any other NRCS personnel except the NRCS CO or COR.

F. BOUNDARY LINES AND MARKING

The boundary line must be marked with visible monuments, witness posts with signs, painted tree blazing, and signs as appropriate. The markings must be visible from one marking to the next. All signs, markers, blazing, and painting must face away from the easement area.

Monuments and witness posts with signs must be installed by the surveyor prior to delivery of the final plat of the survey and legal description, unless otherwise specified by the CO. Monuments and w i t n e s s posts with signs must be installed at each corner, angle point, road crossing, intersection of property lines, and approximately every 500 feet along the easement area boundary. Monuments and witness post must not be placed in the flow line of drainage ditches.

All monuments must be thoroughly described and specifically identified as set or found, whenever shown on maps or referred to in documents prepared by the surveyor. Descriptions of monuments must be sufficiently detailed to readily facilitate future recovery by other surveyors and to enable positive identification.

All monuments will be a minimum of 5/8-inch diameter solid steel rebar and a minimum of 24 inches long. Caps (approved by NRCS) must be placed on each monument. In open areas, the monument must be driven just below the ground surface. In wooded areas, monuments must not be driven below the ground surface. If there is a reason that such a monument cannot be established, the reason for a deviation from the NRCS specifications must be noted on the face of the plat of survey.

The surveyor must provide witness posts, sign bolts, and nuts. NRCS will provide the signs, and the surveyor will be required to pick them up at a location designated by NRCS. The surveyor must attach an NRCS boundary sign to the top of each witness post using a galvanized nut and bolt. Sign bolts must have a minimum length so as to protrude at least 1 inch past the firmly tightened nut and must be bent after attachment to the signs and posts to prevent the nuts from separating from the bolts. Witness posts must be steel “U” channel posts at least 78 inches in length and have a minimum weight of 2 lbs. per foot. Posts must be of a natural color, preferably green. A wire attachment is not acceptable.

If the proposed easement boundary is along a river, creek, bayou, lake, drainage ditch, or other water body the easement boundary to be surveyed will be determined on a case-by-case basis after onsite clarification with the NRCS COR or technical representative and landowner and in compliance with appropriate State law on water boundaries. In States where acquisition of riparian rights is necessary to obtain water rights, the easement boundary should follow the riparian boundary.

An offset witness corner is required on each boundary line intersecting a river, creek, bayou, lake, drainage ditch, or other water body boundary and for angle points that lie within the water boundary.

The witness corner must be monumented to provide a visual marker on the ground for use in maintaining the boundary integrity. Witness corner locations will be as close to the actual corner as practicable considering factors such as visibility, potential stream bank changes, encroachment, and recreational use in the area. Witness corner locations with bearings and distances to the actual corners must be clearly documented on the survey plat of the easement area and cited in the conservation easement boundary description.

In wooded areas, in addition to installing monuments and witness posts, all 10 inch minimum d i a m e t e r (DBH) trees intersecting the boundary line must be blazed. The surveyor must also blaze 10- inch-minimum DBH trees that lie completely or partially within 3 feet of the inside of the easement boundary line so that the distance between blazed trees is no more than 100 feet. Trees must be blazed with two parallel horizontal marks facing away from the easement boundary. Trees intersecting the easement boundary line must be blazed with one vertical mark at both points where the easement boundary line penetrates the tree. The blazed marks must be painted with white tree marking paint. A blaze is a smoothed surface cut upon a tree trunk at about breast height. The bark and a small amount of the live wood tissue are removed with an axe or other cutting tool, leaving a flat surface that forever brands the tree. The size of the blaze depends somewhat upon the size of the tree, but should not be made larger than the surface of the axe blade. A blaze 6 inches in length and 2 to 3 inches in width is usually ample.

G. INGRESS AND EGRESS ROUTE (if applicable) The land description will include a delineated route of ingress and egress. The ingress and egress route to the easement area will be described in the survey, shown on the survey plat, and recorded with the easement deed. The surveyor must tie the ingress and egress route to the easement boundary and to the designated public road. Monuments must be set at the points the ingress and egress route intersects the program easement boundary.

H. SURVEY DATA

All survey data obtained by the surveyor must be recorded and maintained in accordance with State standards of practice.

I. INSPECTION OF WORK

The NRCS CO, COR, technical representative or designated conservationist may make periodic inspections of any phase of the work as it progresses. The surveyor must, without charge, make available for inspection, originals or copies of such items as field notes, working plats and drawings, material obtained through research, computation sheets, computer printouts, correspondence to and from adjoining landowners, and any other item deemed necessary to ensure contract compliance and to verify accomplishments.

J. PRELIMINARY SURVEY REVIEW and FINAL SURVEY SUBMITTALS Preliminary Survey Submittal: The surveyor will deliver the preliminary submittal to the NRCS within 45 days of issuance of the presurvey field visit. Prior to submittal of final, hardcopy documents, the surveyor must notify the NRCS CO, COR, or technical representative that the field work has been completed and must submit unsigned electronic files of the draft survey, easement legal descriptions, ingress and egress route descriptions (.pdf); the computer generated tabulation of bearings; and the draft surveyor’s report. These documents must be of sufficient detail for the field review by the landowner and NRCS to verify that the monuments and witness posts are installed as required and to verify that the area surveyed represents the easement area to be conveyed. These files will be sent to t h e CO, COR, or NRCS technical representative as determined by the work order.

The NRCS CO, COR, or technical representative will review the preliminary survey documents based on the NRCS land survey specifications requirements and notify the surveyor of any initial revisions or modifications required. Upon receipt of acceptable preliminary survey submittals, the NRCS CO, COR, technical representative, or designated conservationist will meet with the landowner in the field to verify that the area surveyed represents the easement area to be conveyed. NRCS and the landowner must document the onsite review and NRCS will notify the surveyor of any further revisions or modifications required. The NRCS Technical Representative shall make this certification within 30 days of receiving the Preliminary Submittal

In the case of a discrepancy in the lines as marked and the area intended to be conveyed, the surveyor maybe required to meet with NRCS and the landowner to reconcile the discrepancy. After the preliminary survey materials are determined acceptable and the onsite field review by NRCS and the landowner has been completed and documented on the “Easement Boundary Survey Field Review Memorandum to the File,” the NRCS CO, COR, or technical reviewer will instruct the surveyor to provide final submittals.

Final Survey Submittal: Upon completion of the preliminary review by NRCS and receipt of written approval from the NRCS Technical Representative, the surveyor shall complete all work and provide the following deliverables directly to the (RECIPIENT ORGANIZATION) within 15 calendar days.

The survey plat must, at minimum, include the following items:

1. The surveyor’s seal affixed to the survey plat, signed and dated by the surveyor.

2. Latitude and longitude and State plane coordinates (NAD 83) for the point of beginning and other specified points.

3. Location map inset showing easement area, major roads and nearest municipality.

4. The record description of the property or the reference to the source of the recorded description of the property on which the easement is located.

5. The survey description of the easement area as Exhibit A to the survey.

6. The survey description of the route of ingress and egress routes to the subject property as Exhibit B to the survey and shown on the survey plat. If easement is adjacent to a right- of-way maintained for public and there is no ingress and egress easement route the point of access from a public right-of-way to the easement area must be shown.

7. North arrow. Convergence angle between grid north and the true meridian as defined by the axis of the earth’s rotation shall be shown.

8. Graphic scale.

9. The point of beginning of the easement boundary and the point of beginning of the ingress and egress easement route, if applicable, must be clearly identified and noted as such. If the point of commencement differs from the point of beginning it must be clearly identified and noted.

10. The surveyor must identify all lines on the plat of survey by line type or note. The surveyor must indicate and cite the source of all lines copied from previous surveys, copied from tax maps, or plotted from deeds.

11. Label adjoining properties listing landowner, recording information and property assessor identification information.

12. Show and label State, county and municipal boundaries that impact the easement area or ingress and egress routes.

13. The direction of courses, shown in bearings to whole seconds of arc, and the distances to hundredths of feet for all courses, course tables may be used on the survey plat. All data will be referenced to the appropriate State Plane Coordinate System, referenced to the NSRS U.S. Survey Foot, and basis of bearing to grid north of the appropriate state plane coordinate system.

14. The central angles, length of curves, radii, and the length and bearing of the long chords from the point of curvatures to the point of tangencies for each curve along the boundary line.

Note: In addition, curves should be noted on the survey plat as either simple curves, compound curves, or spiral curves (also note if they are railroad curves or highway curves) curve tables may be used on the survey plat.

15. Scale factor and geoid used for State plane coordinate values with note stating what portion of the survey was performed using GPS equipment, the precision of work in relative positional accuracy and how GPS data was determined.

• Type of GPS equipment used. Model number, manufacturer, and type of frequency.

• Type of GPS survey preformed (static, RTK, adjusted RTK, etc.).

16. Monuments identified as set or found, along with a description of the monument.

17. Area of the surveyed easement.

18. Observed evidence of possession or occupation and use by others on the subject parcel or across any boundary lines of the subject property.

19. Major topographical features shown such as highways, roads, field roads, railroads, trails, streams, creeks, and rivers that cross the property line.

20. Recorded encumbrances, rights of way or other easements as listed in the preliminary title commitment or found when researching deeds for the subject or adjoining properties.

21. Observed and field located evidence of any easements, utilities, or infrastructure not addressed in 19 and 20 above.

22. Sufficient data, diagrams, maps, and survey ties to corners to indicate that the location of the boundaries and corners of the property were correctly surveyed and located, including diagrams to show that the PLSS section or sections were properly surveyed and subdivided to locate PLSS aliquot parts and PLSS lots.

23. Name, registration number, address, and phone number of the professional land surveyor in responsible charge of the survey.

24. Client name.

25. Date survey was completed.

26. Title block in lower right hand corner of plat to include NRCS easement agreement name and number with number in the following format: 54-XXXX-XX-XXXXX.

The total acres in the easement will also be show in this title block.

27. Certification. The following statement must be included on each survey plat:

“THIS IS TO CERTIFY THAT THIS SURVEY, DONE BY THE UNDERSIGNED,

WAS DONE ON THE GROUND IN ACCORDANCE WITH THE MOST RECENT

MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AS SET

FORTH BY THE [insert name of State agency responsible for licensing surveyors]. THE

ACCURACY AND POSITION TOLERANCE ARE ALSO IN ACCORDANCE WITH

RURAL SURVEYS AND HAS BEEN MADE IN STRICT CONFORMITY WITH THE

NATURAL RESOURCES CONSERVATION SERVICE EASEMENT PROGRAMS

LAND SURVEY SPECIFICATIONS.

28. The plat and description will be titled “Plat or Description of NRCS Conservation Easement, NRCS Agreement Number: on lands of

(landowner name) prepared for USDA-Natural Resources Conservation Service.”

K. DELIVERABLES

The surveyor must provide the following to the NRCS CO, COR, or technical representative by the date stated in the task order.

1. Five original completed survey plat (24 inches by 36 inches) with required seal and signature. The surveyor will be responsible for ascertaining any special or particular requirements of the register of deeds in the county where the survey area is located as to the size of plat map required for recording, and furnishing plat maps of proper size for recording.

Where multiple sheets are produced also produce an index sheet showing entire survey area.

Lettering must be of sufficient size that it will remain legible after plat is reduced to the size required for recording.

2. Five reduced signed (11- by 17-inch) of the survey plat.

3. Five printed copies of the legal land descriptions of the easement area and ingress and egress routes depicted on the surveyor’s survey plat. The following must be included in the legal description (as Exhibit A and B to the survey plat) of the property:

A clear statement of the relationship between the described property and the survey control or the basis of the unique location The basis of bearings

Metes and bounds descriptions that include bearings or azimuths and distances related to the horizontal measurement at the mean ground elevation for the line above sea level to allow for computation and mathematical closure and acreage Citations to the recording information or other identifying documentation for any maps, plats, or other documents referenced Detailed description of any natural or artificial monuments referenced Total acreage in easement area NRCS easement name and agreement number in the title

4. Five copies of a computer-generated tabulation of bearings, distances, and coordinates around the easement area, with a closure statement indicating the cited bearings and distances meeting acceptable State standards for survey closure accuracies and the area of the easement.

Note: The survey plat, legal description, and tabulation demonstrating acceptable survey closure must all consistently traverse the perimeter of the easement area and ingress and egress routes in the same direction and with the same starting and ending points.

5. In PLSS States, legible copies of the most recent and current GLO/BLM original survey plat and original field notes, or the GLO/BLM resurvey plat and field notes for the surveyed sections in which the easement area is located.

Note: Copies of the survey plats and notes need only include the full sections in which the easement area is located; in the metes and bounds States, copies of the original source documents creating the subject parcel in which the easement area is located are acceptable.

6. The surveyor must provide a surveyor’s report containing a narrative description of method used to locate points and theory of location applied in formulating the opinions as to the probable location of the boundaries and corners of the property.

7. Compact disk containing an electronic copy of the following (all files must reference NRCS agreement number):

AutoCAD, version 2009 file of the survey. The .dwg file will be georeferenced to the appropriate State Plane Coordinate System, referenced to the NSRS U.S. Survey Foot, and basis of bearing to grid north of the appropriate state plane coordinate system. The perimeter of the easement area and the ingress and egress routes should be attributed as a separate and extractable polyline layer or polygon feature component of the drawing for conversion to a Geographic Information System (GIS) geodatabase. Documentation identifying which coordinate system is used (for example, MO Coordinate System of 1983, West Zone, NAD 83 horizontal datum, survey units – U.S. Survey Foot).

Separate polygon shape files of the easement area and ingress and egress route with all points projected into the appropriate State plane coordinate system in a (.shp, .dbf or

.shx) format.

Each polygon should contain the following attributes:

NRCS agreement number: 54-XXXX-XXXXXXX The method of data capture Easement acres (value to the hundredth of an acre)

Each polygon should have the following metadata:

o Date generated o Software and version used to generate file o Brief description of process used to generate files o Provide ESRI ArcGIS Info shapefile (.shp, .dbf, .shx) or geodatabase (.gdb) o Projection must be clearly defined.

PDF file of the final signed survey plat. Where there are multiple sheets a single pdf combining all sheets.PDF files of items (K) (3) and (K) (4).

MS Word or text document containing the easement boundary descriptions and descriptions of the ingress and egress route if applicable.

8. When the final survey is complete and the final submittals have been presented for review, the NRCS CO, COR, technical representative, or designated conservationist will certify that the work has been completed according to the NRCS land survey specifications.

L. CONFLICT OF INTEREST

A surveyor must not survey a NRCS easement property for him or herself, spouse, children, partners, or business associates, and must not have a financial interest in the property to be covered by the proposed easement.

M. NONDISCLOSURE

Work performance required by this specification will involve access to potentially sensitive information about governmental and landowner issues. All survey contractor personnel must comply with the terms of AGAR 452.224-70, “Confidentiality of Information,” as well as provisions of the Privacy Act of 1974, 5 U.S.C Section 552a. Additionally, the survey contractor’s employees must comply with the rules governing the privacy of personal information relating to NRCS Programs, in accordance with section 1244 of title II of the Farm Security and Rural Investment Act of 2002 (Public Law 1078-171).

N. CIVIL RIGHTS AND PROGRAM DELIVERY

The survey contractor will ensure that personnel prohibit discrimination in all aspects of programs and activities related to the contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status.

Attachment C

-EXAMPLE –

Appraisals of Real Property and Technical Review of Appraisal Specifications/Statement of Work

Appraisals of Real Property Specifications/Statement of Work

A. Background Information

1. The United States of America, acting through the U.S. Department of Agriculture’s

Natural Resources Conservation Service (NRCS) is considering purchasing a conservation easement to assist the landowner in protecting, restoring, and enhancing the original hydrology, native vegetation, and natural topography of eligible land, to restore and protect the functions and values of wetlands in the agricultural landscape, help achieve the national goal of no net loss of wetlands and improve the general environment. These lands may be placed under a conservation easement through Wetland Reserve Program and Wetland Reserve Easement (WRE) component of the Agricultural Conservation Easement Program

(ACEP).

2. All appraisals completed for this program must comply with Uniform Standards of

Professional Appraisal Practice (USPAP) and appraisal instructions as issued by

NRCS.

B. Appraiser Qualifications

All real property appraisers performing appraisals under this program must:

1. Be State-certified general real property appraiser or obtain a temporary practice permit equal to State-certified general real property appraiser in compliance with Title XI of the Financial Institution’s Reform, Recovery and Enforcement Act of 1989 (FIRREA) in the State or States where the subject property is located.

2. Be in good standing with the licensing authority where the credential was issued.

3. Not have received any disciplinary action within the past 5 years.

4. Have demonstrated competency in compliance with USPAP in conducting appraisals of rural and agricultural properties of the requested type.

5. Include documentation of the experience and education will be included in the appraisal report.

C. Purpose of the Appraisal Report

1. The purpose of the appraisals is to provide an opinion of market value, as defined below, of the proposed easement area as of a current date of value.

2. The appraisals must be completed in compliance with Uniform Standards of Professional Appraisal Practice and appraisal instructions issued by NRCS. An appraisal report, as discussed in USPAP Standards Rule 2- 2(a), must be provided; Restricted appraisal reports are not acceptable.

The appraisal report must contain the level of detail, discussion and support necessary for the client and intended users to comprehensively understand the rationale for the opinions and conclusions, including reconciliation of the data and approaches used in the appraisal. This format was formerly known as the “Self-Contained Reporting Option” prior to the release of the 2014-2015 USPAP.

3. The market value definition that will be stated and used in developing and reporting this assignment is as follows:

a. “Market value” means the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

i. buyer and seller are typically motivated;

ii. both parties are well informed or well advised and acting in what they consider their own best interests;

iii. a reasonable time is allowed for exposure to the open market;

iv. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and

v. the price represents the normal considerations for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.”

b. No other definition of market value is acceptable.

D. Information Provided By USDA/NRCS to the Appraiser

1. Aerial photograph of the subject property with the location of the proposed easement area identified, access to the easement area identified, easement boundary identified, and an estimate of the acres in the proposed easement identified.

2. Legal description of subject property.

3. Preliminary legal description of the proposed easement area (survey to be completed later).

4. Example: On attached aerial photograph, approximately 10.5 (outlined in dark ink) acres located on Map 20 Parcel 165 in Wicomico County, MD.

5. Aerial photograph indicating the location and acreage of any conservation agreement, contract, or easement of any type that is associated with any part of the subject property.

6. Copy of the completed Form CCC-505, “FSA Voluntary Permanent Direct and

Counter Cyclical Program (DCP) Base Acres Reduction,” executed by the landowner for crop base/allotments located on the proposed easement area. This form will not be submitted to FSA until the easement is closed. The appraiser will verify the amount of crop base to be retired or moved on the proposed easement area and if any remaining crop base exists on the easement area. Documentation of production data will be provided to NRCS by landowner.

Note: Any crop base or allotment acquired by NRCS must be retired from Federal Government programs.

7. If irrigation rights are included in the easement area, documentation provided by NRCS will identify the volume of irrigation water rights to be retained for the subject property as necessary to ensure the function of the wetland operation and other wetland conservation values. This volume will also be documented in the “Water Uses and Water Rights” exhibit attached to the conservation deed.

8. Applicable NRCS policy on “Determining Easement Values.”

9. Recorded landowner(s) name, address, and telephone number.

10. Written permission from the landowner or an authorized representative authorizing the assigned appraiser to enter the property for appraisal purposes.

11. Specific details of any existing easements, reservations, or other restriction currently encumbering the subject property as provided by the landowner.

12. Current information as to the status of title of ownership, such as copies of deeds.

13. When available, a completed preliminary certificate of inspection and possession, the hazardous substance examination and checklist, and any available information pertaining to the probability of existence of hazardous substances that might be found on the property to be appraised.

14. Documentation of water rights owned, including name of irrigation company, number of shares or amount of ownership, and documentation concerning irrigation wells on the property to be appraised as provided by the landowner.

15. Copy of Warranty Easement Deed.

16. A copy of the recorded written access to the easement area or evidence that the easement area is accessible from a public road is required.

17. Copy of preliminary title commitment covering the proposed easement area

E. Background for the Appraisal Report

1. Prepare an appraisal report of an as is opinion of value based on the above market value definition of the proposed easement area.

2. Subject property will only be for the proposed easement area as provided by NRCS.

3. If irrigation rights are included in the easement area, documentation provided by NRCS will identify the volume of irrigation water rights to be retained for the subject property as necessary to ensure the function of the wetland operation and other wetland conservation values as stated in E 7 below. This volume will also be documented in the “Water Uses and Water Rights” exhibit attached to the conservation deed. Irrigation water rights that are owned and used on the proposed subject property will be valued in the appraisal.

4. The appraiser will document if any portion these irrigation water rights can be removed from the subject property or not. If the irrigation water rights can be removed from the property, the appraiser will provide a value opinion of the value of each irrigation water right. The appraiser will consider only the irrigation water rights required to be retained on the subject property as identified by

NRCS.

5. Client is RC & D Council.

6. Intended user is USDA/NRCS.

7. Intended use will be for NRCS consideration in determining the price of the conservation easement entering into an ACEP - Wetland Reserve Easement.

8. Exclusions of approaches to values, as stated in USPAP, must be strongly supported with solid reasoning.

9. Property rights to be appraised will be surface rights, timber, orchards or other permanent plantings, and any irrigation water rights. The irrigation water rights include wells, ditches, reservoirs, ponds, and lakes that provide irrigation on the subject property and are legally permitted. The value of any marketable standing timber that could be economically harvested will be considered by a timber cruise and included in any valuations. Other permanent plantings that are located on the subject property will be appraised and included in any valuations. Any building improvements and irrigation equipment, such as pivot sprinklers, moveable pipe, tow lines, etc., that are located in the proposed easement area will be excluded from the valuation.

F. The Appraisal Report

1. Description of Work Product

a. The appraisal must meet the requirements of the Uniform Standards of Professional Appraisal Practice and appraisal instructions issued by

NRCS.

b. An appraisal report, as discussed in USPAP Standards Rule 2-2(a), must be provided; restricted appraisal reports are not acceptable. The appraisal report must contain the level of detail, discussion and support necessary for the client and intended users to comprehensively understand the rationale for the opinions and conclusions, including reconciliation of the data and approaches used in the appraisal. This format was formerly known as the “Self-Contained Reporting Option” prior to the release of the 2014-2015 USPAP.

c. The appraisal report can consist of a narrative report or a form report, or a combination may be used. The appraisal report must be in compliance with Uniform Standards of Professional Appraisal Practice, and must use the appraisal instructions guidelines as stated in these standards.

d. The contract appraiser must personally inspect the subject property and comparable sales.

e. The appraiser must talk personally to the property owner or the owner’s agent or representative, and the property owner or the owner’s agent or representative must be given an opportunity to accompany the appraiser during his or her inspection of the subject property. The appraiser will document this discussion and if the landowner did or did not accompany the appraiser during the inspection in the appraisal report.

f. The Uniform Residential Appraisal Report (URAR) is not acceptable. It may be incorporated into the report to assist in valuing the residence, but it cannot be used to evaluate the property and the easement affects.

g. Reports must contain a table of contents with page numbers and sequentially numbered pages including addenda. Reports may contain handwritten page numbers.

h. Reports must reference all environmental documents utilized by the appraiser in completing the appraisal. An environmental document will be required in the appraisal report as provided by NRCS, refer to D 12 above.

The appraiser is a key individual in identifying potential environmental problems that may affect the value of the subject property.

i. The appraiser will contact NRCS to resolve problems; clarify questions, letters of engagement (task orders), or other issues. Issues relating to the appraisal process will be relayed to the NRCS National Appraiser for guidance.

j. The effective date of the appraisal report is the date the property was personally inspected by the appraiser.

k. The appraiser will prominently state any crop base and allotment history located in the easement that has been included in the value.

l. The appraisal report must be in typewritten or legible ink print form and/or automated or computerized forms.

m. Only reports completed and submitted on 8½ x 11-inch paper or electronic format will be accepted.

n. The appraisal report must be bound in a durable report cover with appropriate identification.

o. The appraiser will provide two bound or one electronic copy of the initial final report to NRCS to obtain a technical review.