CN-370000-PL264-T6.pdf

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Master Agreement FL|PL264|416c85f913838d3d84b71301355daaba
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PL264
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Florida

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Hardee Flatwoods Project - Task Assignment Summary

This Task Assignment Notification Form (PL264.006) is issued by the Florida Department of Environmental Protection (DEP), Division of State Lands (DSL), Bureau of Land Acquisition to Wood Environment & Infrastructure Solutions, Inc. for environmental assessment services on property in Hardee County, Florida owned by Walco Leasing, LLC. The project encompasses 1,661.15 acres across multiple parcels identified in the task assignment. Key personnel include Contractor Manager Geoff Schaefer (850-298-7707) and DEP Designated Task Manager James Parker (850-245-3045).

The contractor shall provide a Phase I Environmental Site Assessment (ESA) and Baseline Documentation Report (BDR) as separate reports in compliance with Division of State Lands standards and the most current American Society of Testing and Materials (ASTM) 2247 standard for forestland or rural property. The task assignment total value is $7,132.50, comprised of a fee schedule of $5,813.50 (calculated at $3.50 per acre for 1,661 acres), additional lien searches of $735.00, and cost reimbursement of $584.00 for travel expenses. Draft products are due by October 1, 2021. A deviation from standard requirements waives the 50-year chain-of-title search requirement but mandates an Environmental Lien and AUL Search; additionally, DSL waives the requirement for multiple certified hard copies in favor of two digital copies on compact disc, though the contractor remains responsible for providing one certified hard copy to the landowner.

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TASK ASSIGNMENT NOTIFICATION FORM

DEP CONTRACT NO. PL264

Task Assignment Number: PL264.006 BLA File Number: 328386 Date: August 24, 2021

Project Name: Hardee Flatwoods County: Hardee Owner’s Name/Parcel #: Walco Leasing, LLC. Acres: 1,661.15 Parcel ID: See Exhibit A

Contractor: Wood Environment & Infrastructure Solutions, Inc. FEID No: 91-1641772 Contractor Contract Manager: Geoff Schaefer Phone Number: 850-298-7707

DEP Designated Task Manager: James Parker Phone Number: 850-245-3045 DEP Contract Manager: James Parker Phone Number: 850-245-3045 Subcontractors: (List, if any) ___________________________ MBE:______ Yes No ___________________________________________________ MBE:______ Yes No

Task Description:

Provide a Phase I Environmental Site Assessment (ESA) and Baseline Documentation Report (BDR) as separate reports for the above referenced parcel(s) as described in Exhibit “A”; in accordance with Division of State Lands (DSL) standards which are attached as Exhibit “B” and in accordance with the cost estimate provided in Exhibit “C.” In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) 2247 standard for conducting Phase I ESAs on forestland or rural property. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements (ASTM scope and limitations will be provided to the Contractor upon request). The signatory on the report must be an “environmental professional”, as that term is defined by ASTM.

Deviations:

The following deviations from DSL standards and/or Contract PL264 will be authorized:

1) DSL will not require a 50-year chain-of-title search; however, the Contractor will be responsible for conducting a proper Environmental Lien and AUL Search. Contractor shall report on the findings of this search and provide an assessment as to whether any findings constitute a significant concern.

2) DSL waives the requirement to submit five (5) certified hard copies of the Phase I ESA report and three (3) certified hard copies of the BDR to DSL. Two digital copies (compact disc) will be required to be submitted to DSL for each report. Contractor shall remain responsible for providing one (1) certified hard copy of each report to the landowner.

Property Owner / Representative contact information:

The User Questionnaire is completed and attached. For property access, contact Keith Fountain at 407-402- 7091 or at keith@keithfountainlaw.com

Attachments: Exhibit “A”, Exhibit “B” and User Questionnaire

Draft Products Due Date: October 1, 2021

Task Assignment Type: Amount Not to Exceed:

Fee Schedule $ 5,813.50 (1,661 acres x $3.50/acre) Additional Lien Searches $ 735.00 Cost Reimbursement $ 584.00 Total Task Assignment Value $ 7,132.50 mailto:keith@keithfountainlaw.com

Wood Environment & Infrastructure Solutions, Inc. FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Contract Manager Date DEP Contract Manager or designee Date

APPROVED:

Contractual Authority Date

Funding Authority Date

FOR DEPARTMENT USE ONLY:

Funding Information:

Org. Code E. O. Fund Object Code Budget Entity Module Special Category Project # Year Amount

37102400000 QH 423001 131545 37100400 N/A 084108 FF10200 21 $ 7,132.50

cc: Contracts Office (MS93)

Bureau of Finance & Accounting (MS75) 2 copies

29-Digit FLAIR Code: 37 20 2 423001 37100400 00 084108 21

Performance Measure: DEP Contract Manager will review deliverable to ensure specifications were met.

Financial Consequences: DEP will not pay for unsatisfactory deliverables. Contractor shall be given the right to remedy at no cost to DEP.

Geoffrey Schaefer

Digitally signed by Geoffrey Schaefer DN: cn=Geoffrey Schaefer, o=Wood E&IS, ou=Enivironmental, email=geoff.schaefer@woodplc.com, c=US Date: 2021.08.24 11:43:10 -04'00'

James Parker Digitally signed by James Parker Date: 2021.08.24 08:31:45 -04'00'

Robbie Parrish Digitally signed by Robbie Parrish Date: 2021.08.24 08:42:26 -04'00'

Sheryl Boutin Digitally signed by Sheryl Boutin Date: 2021.08.24 08:46:42 -04'00'

EXHIBIT "A"

From th.e POINT OF BEGINNING at the Southwest corner of Section i, Town:ship 34 Souto, Rance 27 Eas� Hardee County,. Florida, ran Easterly 164 feet along the Southerly boundary of said Section 2; thence mn Nortberty to a point on the N,orth bfmndary of said Section 2 that is 869 feet Easterly of the Northwest comer of said Sectien 2; theaee no Westerly· al�ng the Northerly boundary of said Section 1 to tile Northwest co;mer of said Sedio,n 2; 1ben•ce run Southerly alon:1 the Westerly boao,dary of said Section 2 to tile POIN1" OF

'BEGINNING_,

AND

The East 1/l of the Southeast l/4; the Northeast 1/4; and the North 111 of the Northwest 1/4 ofSec:tion 3. Township 34 Soutlt, Range 27 :F,ast, Hardee Couaty, Florida.

AND

A triangular parcellyhiig in tile Southwest ¼ of Section 34,. Township 33 South, Range .17 East,, Hardee Co·unty, Florida,, being more particularly described as ronows:

.Begin a.t the Southwest corner of said Section 34; then.te nin South 89°43'13" East alo11g the Soutb line of said Section 34., a. distance of 417 .. 41 feet; Uienc,e North 44031 • 35" West, a duta.nce of 5881033 feet to a point located on th.e West line of s.aid Section 34; then« South 00o40'04 u West along the West line of said Section 34., a distance of 417�41 reet to die POUff OF BEGINNING.

AND

The South 1/1 of the Southeast l/4 of Section 33, Township 33 South, Range l7East, Hardee County" Florida, less rigbt-of;..way for State Road 671 (Parnell Road).

Alonso_J Typewritten Text Hardee Flatwoods Walco Leasing, LLC Hardee County Sheet 1 of 2

Alonso_J Typewritten Text

Alonso_J

AND

TheN'ortb ½ of Section l. Township 34 South, Rant;e 27 :East, Hardee Conn:ty, Florida, less and except the foDowing "Grove Parcel'':

Commence at the .

N ortllwest comer or Section t, �rownsl)ip 34 SBatb, Range 2'7 East:; theJJce run South 8t°44"28 .... East along ·the N:or1b line at said Section lt a distance -of312.80 feet ror tile POINT OF BEGINNING; th.eace· contmue South 89°44118" East along .said N ortb Hue, 22?&.36 feet to the North l/4 com�r of said Sectio.o l; tbeace South 89043•35•-• East still along said North line of sa1id Section l, a dbtanc1 of 116.;51 feet to a point 2! feet East of an mstin:1 fence; thence in a dodovise direction aad 25 :feet left of and parallel to said existing· fence line for the next 4 calls; South 80°37"8S .. West, ,fl distance- of 1620 .. 54 feet; thence South 67"'39tl2 .. Wesl'.t 819,,22 feet; thence North 89036'06u West, 1705.16 feet; thence North 0027'3-0tt EuL 193 l.31 feet to the PO'J'NT O:F BEGINNING (die ''Grove Parcd11.

AND

The Nm1heast ¼ of Section 2, Township 34 South, Range 27 East-t Hardee Co,11nty, Florid�

AND

The Soutll ½ of Section I t Town:ship 34 Sou;th, Bao1e 27 East, Hardee County,, Florida.

Seetio·n 2, Towmllip 34 South, Range 27 East, Hardee County., Flo,rida, lea and except the following:

The N o.rth.east ¼ of said section l; aud

From the POINT 01' BEGINNING at tb.e Seuthwest comer of Sec:tioq .2, Township 34, Sou.th, Range 27 Easi, nan Easterly 164 rut: al.oag tile Sout:h.erly boundary or said Section 2;. thence run Northerly to a point on the North bounda,ry of' said Section 2 that is 169· feet Easterly of du� No!rtb•est coraer of said Section 2; the.ace mo Westerly along the Northerly boundary of said Semon 1 te the Nortbwes't C01mer of'said Section 2; tllence: nm Soudlerly along the Westerly boundary of aid Settion 2 to thee POINT OF B.EGINNING.

LESS AND EXCEPT:

20 acres in the North 1/2 of the S.W. 1/4 of the S.E. 1/4 of Section 33, Township 33 South, Range 27 East.

NOTE: This legal is for appraisal purposes. There may be revisions based on a boundary survey and title insurance commitment of the property.

Alonso_J Typewritten Text Hardee Flatwoods Walco Enterprises Hardee County Sheet 2 of 2

Alonso_J

BSM APPROVED

Alonso_J

04/6/2021

Hardee Flatwoods

Hardee County, Florida Document Path: F:\SURVEY\Hardee Flatwoods\Walco Leasing\GIS\Appraisal_Aerial_Hardee_Flatwoods_Walco_Leasing_Check.mxd

"SITE

Date Saved: 4/6/2021 3:32:27 PM

Subject Parcel National Wetlands Inventory Florida Forever Project Boundaries City/County Managed Conservation Lands

0 0.5 10.25

Miles

Subject Parcel

File Location: \\FLDEP1\tech_cad\ Map Created By: Kim Parson

Data Sources:

1) Legal Description

2) Cadastral 2020 Data

3) National Wetlands Inventory

4) Florida Forever BOT Projects

5) Florida Conservation Lands

6) NAVTEQ Roads

7) Bing Aerials

Sun 'n Lake Preserve

THIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES

AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO BE RELIED ON BY ANY PARTY.

Owner: Walco Leasing, LLC.

Wetlands: 397.92 Acres Uplands: 1263.23 Acres

Total: 1661.15 Acres

FLINT DR.

ABENDHOFF DR.

BA

GW

ELL

DR

BE

AR

BR

YA

NT

RD

S. J

UR

GE

NS

ON

RD

W.TANNEN RD.

Florida Forever BOT Project

Hardee County, Florida Document Path: F:\SURVEY\Hardee Flatwoods\Walco Leasing\GIS\Appraisal_Aerial_Hardee_Flatwoods_Walco_Leasing_Revised_Vicinity.mxd

"SITE

Date Saved: 4/1/2021 5:29:33 PM

Subject Parcel Florida Forever Project Boundaries State Managed Conservation Lands City/County Managed Conservation Lands Private Managed Conservation Lands

0 2 41

Miles

Subject Parcel

File Location: \\FLDEP1\tech_cad\ Map Created By: Kim Parson

Data Sources:

1) Legal Description

2) National Wetlands Inventory

3) Florida Forever BOT Projects

4) Florida Conservation Lands

5) World Street Map

Crews Groves Conservation

Easement

THIS PAGE AND ANY FOLLOWING PAGES ARE ATTACHED ONLY FOR STATE OF FLORIDA TRACKING PURPOSES

AND FORM NO PART OF THE INSTRUMENT AND ARE NOT TO BE RELIED ON BY ANY PARTY.

Owner: Walco Leasing, LLC.

Hardee Flatwoods Florida Forever BOT Project

Old Town Creek Watershed

Florida Forever BOT Project

Sun 'n Lake Preserve

Lake Wales Ridge Ecosystem

Florida Forever BOT Project -

Silver Lake

ATTACHMENT C

SCOPE OF SERVICES

COMBINATION BASELINE DOCUMENTATION/ENVIRONMENTAL

SITE ASSESSMENT REPORTS FOR

LESS THAN FEE SIMPLE LAND ACQUISITIONS

For less-than-fee-simple land acquisitions made on behalf of the Board of Trustees of the Internal Improvement Trust Fund ("Board"), the Department of Environmental Protection (DEP) will task the Contractor to perform a combined phase one environmental site assessment and baseline documentation study. The results should be provided in two (2) separate reports by the Contractor. One report must satisfy the requirements of DEP, Division of State Lands (DSL), and those of the Comprehensive Environmental Response Compensation and Liability Act as set forth in 42 U.S.C., Section 9601 (CERCLA) regarding environmental assessments (Environmental Site Assessment Report). The second is to satisfy the DEP DSL requirements regarding documentation of conditions, at the time of acquisition, of properties over which a conservation easement or other less-than-fee-simple real estate interest is acquired (Baseline Documentation Report).

The purposes of two reports are to perform the required services of an environmental assessment as described below, including summarizing recommendations and conclusions, remediation activities where needed, consultation on assessment implications and remediation, and expert witness activities as required. In addition, the reports will identify natural resources on site, land use activities present at the time of the report, threatened or endangered species present, and describe the property adequately to establish baseline conditions from which future monitoring may occur and management recommendations be made.

Scope of Services

The Contractor shall:

1. Provide certification of the environmental assessment/documentation report to the Board and any parties requested by DSL. If the report is not certified to the Board and other requested parties, no review of the assessment/documentation report will be performed. The certification shall state the following: (a) the date the original report was completed and the date of any update that is required; (b) the environmental assessment/document report meets the requirements of DEP, DSL; (c) the accuracy, correctness and completeness of the environmental assessment portion of the report is provided with the knowledge of the CERCLA requirements as set forth in 42 U.S.C. Section 9601, as amended; and (d) the Board is entitled to rely on the information set forth in the environmental assessment/documentation report.

2. Search the recorded chain of title documents regarding the Property, including, but not limited to, all deeds, easements, leases for oil, gas, mineral, lumber, timber, turpentine rights and agricultural purposes, and other uses, restrictions, reverters, and covenants, and rights-of-way for roads, railroads and utilities. The chain of title shall be of a sufficient length of time to account for previous ownership and uses of the property and uses of the Property that are likely to have an adverse environmental impact on the Property but in no event for a period of less than 50 years. The history shall be summarized in chronological order from the earliest instrument to the latest instrument listing all parties in the instrument, type of instrument and official record book and page number for each instrument.

3. Conduct interviews with the landowner and his/her employees or other pertinent individuals who may have knowledge of the on-site presence of listed species, unique features, and historical or archaeological sites.

Obtain any information available on fire history, grazing history and timbering history. Interview prior owners and neighbors as necessary.

DEP Contract No. Attachment C, Page 1 of 14

4. Determine the past and present uses of the Property.

· 5. Review current and historical aerial photographs of the Property and surrounding area for an evaluation of prior and current use. Include National Wetland Inventory maps and information from the Water Management District, Florida Department of Transportation of local counties for the purpose of conducting community mapping activities.

6. Interpret the aerial photography and soil maps of the site to prepare an initial natural communities map based on the Florida Natural Areas Inventory (FNAI) Natural Communities Descriptions. Review surveys and ground-truth to finalize the maps and include ground water· characteristics and general topography.

• 7. Review pertinent, readily available literature and databases (including, but not limited to: Florida Fish and Wildlife Conservation Commission publications, CARL or Florida Forever project assessment documents, FNAI, Florida Breeding Bird Atlas) for known on-site species occurrences and to identify listed species that are known to occur in the region.

8. Prepare a list of FNAI listed animals and plants that potentially inhabit the project site based on current or previous sightings.

9. Determine the existence of any federal, state and local environmental cleanup liens or enforcement actions against the Property.

10. Review reasonably obtainable federal, state and local records of existing and potentially contaminated sites, including site investigation reports for such contaminated sites; reasonably obtainable federal, state and local environmental records of activities on nearby properties that are likely to have an adverse environmental impact on the subject Property (including records of environmental problem sites, landfill and other disposal site records, underground storage tank records and known hazardous waste handler and generator records);

and such other reasonably obtainable federal, state and local environmental records which report incidents of sources of contamination on the subject Property. At least the following agency records should be review:

Federal NPL site list; Federal CIRCUS list; Federal RCRA TSO facilities list; Federal RCRA generators list;

Federal ERNS list; State list of hazardous waste identified for investigation or remediation; State landfill and/or solid waste disposal site lists; state leaking UST lists; State registered UST lists. The minimum search distance for these lists shall be as follows and shall be measured from the nearest property boundary:

a. Federal NPL site list - 1.0 mile

b. Federal CIRCLI list- 0.5 mile

c. Federal RCRA TSO facilities list - 1.0 mile

d. Federal RCRA generators list- property and adjoining properties

e. Federal ERNS list property only

f. State lists of hazardous waste sites - 1.0 mile

g. State leaking UST lists - 0.5 list

h. State registered UST lists - property and adjoining properties

i. State landfill and /or solid waste disposal site lists - 0.5 mile

11. Comply with the following Property investigation requirements:

a. A visual site inspection of the Property and all facilities and improvements on the Property, and a visual inspection of properties immediately adjacent to the Property, to determine or discover the obviousness of the of the presence or likely presence of contaminants on the Property (including chemical use, storage, treatment and disposal practices, past and present.) This inspection shall be conducted in such a manner that insures uniform coverage so that all of the Property is viewed. The Property may be inspected by use of a helicopter or plane. However, all items of concern noted during the aerial inspection shall be ground truthed. Additionally, all roadways and trails leading into the Property and all roads abutting the Property shall be inspected on the ground.

b. A field survey shall be conducted concurrently with the site inspection for the purposes of determining the likelihood of presence or absence of animal or plant species and verifying the boundaries and the condition of existing upland and wetland communities. Field surveys will be carried out at the appropriate times (early morning and late evening) and will include representative coverage of all habitat types with the potential for supporting listed plant and animal species. The field surveys should

DEP Contract No. , Attachment C, Page 2 of 14 be or adequate depth to maximize the chances of identifying listed species present on the Property.

FNAI listed plant species will be surveyed concurrently with the habitat surveys. When FNAI listed species are observed on the Property, provide a qualitative estimate of abundance (e.g., common, rare, etc.).

c. Man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, etc., shall be photographed.

d. Any debris, mounds, trash piles, stressed vegetation or similar features or deposits that-may indicate old dump sites shall be inspected. Other areas that demand careful examination are sinkholes, ravines, rights-of-way, edges of fields and watercourses.

e. Organic vapor analyses of any conditions that would warrant this type of testing where there appears to be the presence of potentially hazardous materials should be performed.

Reporting Requirements

Written reports shall be prepared which contains a summary of the assessment/documentation. The reports shall be submitted no later than the date specified in the Task Assignment Notification form. One (1) certified copy of the Environmental Site Assessment Report shall be provided to the landowner and five (5) certified copies shall be delivered to DSL. One ( 1) copy of the Baseline Documentation Report shall be provided to the landowner and three

(3) copies shall be delivered to DSL. A digital copy of each report including maps shall be provided to DSL on a compact disk. The reports shall include, at a minimum, the following:

1. A description of the Property, including a general location map, specific location, size, legal description and owner information. (Baseline, ESA)

2. A map delineating the community types (per FNAI or both FLUCCS and FNAI)) present on the site, along with the estimated acreage of each habitat tract. Habitat acreages will be computed and provided either on the map or on a separate table that is included in the report. Habitat types will be recorded in the report text according to their dominant species by stratum (overstory, midstory, groundcover) and the quality of the habitat. Unique features found, such as springs, caves, sinkholes, artesian wells, rookeries, eagle nests, etc., will be noted and mapped on aerial photographs or referenced to the natural communities map. A description of the general condition and health of waterways, wetlands, and natural communities will be included. The habitat map and description will also include a summary of the type, location and aerial extent of nuisance or exotic plant species. The map should also indicate any agricultural, wetland, upland or other areas specifically referenced in the baseline documentation/environmental site assessment report. (Baseline)

3. A map and/or aerial photograph marked with any items or locales of concern, numbered and described. The degree of concern regarding hazardous materials at these locations should be addressed. (ESA)

4. A map and/or aerial photograph marked with the locations of any man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, etc., and marked with the locations of any historical or archaeological sites known or suspected. (Baseline)

5. Color photographs of the current site conditions oriented to specific locations on the Property. All trash sites on or impacting the Property shall be photographed, with enough photographs to document the overall condition of the Property. (ESA, Baseline)

6. Color photographs of all man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, etc. (Baseline)

7. Indexed photographs representative of each habitat type and, if practicable, of listed species identified on site.

Include photographs and descriptions of all agricultural uses (include intensity of use, such as grazing intensity or crop types). (Baseline)

8. A discussion of all findings and specific conclusions regarding the site contamination probability. (ESA)

9. Recommendations for further action based on the results of the inspection and estimated costs if further assessment is deemed necessary. (ESA)

10. A table summarizing the FNAI listed wildlife and plant species (common and scientific name) found during the assessment, along with their designated state and federal status. (Baseline)

DEP Contract No. Attachment C, Page 3 of 14

11. A discussion of the type and location of listed plant and animal species found, including a discussion of the probability of on-site occurrences not observed. (Baseline)

12. Recommendations, if any, regarding appropriate management practices suggested to be employed on the Property consistent with the purposes and conditions of the easement. These recommendations should be included as an appendix and clearly marked as non-binding unless specifically required by the terms of the easement.

13. The report shall be approved and certified by either a professional engineer or professional geologist licensed by the State of Florida. (ESA)

14. It is the responsibility of the firm performing the assessment/documentation report to obtain 50-year chain of title documents unless otherwise arranged. (ESA)

15. All updates of the original report mush include a field inspection of the site and surrounding vicinity and recertification. If the field inspection reveals any changes in the Property that may have adverse environmental impacts, the update report shall be expanded to address those issues. (ESA)

16. Any requests for deviation from the above requirements must be approved in advance, in writing, by DSL.

(ESA, Baseline)

Cost Proposals

The Department may issue informal cost proposal requests to its combination baseline documentation/environmental site assessment or baseline documentation report contractors for specific projects to be conducted under a task assignment, although final selection-for task assignment award may not be based solely on price. All cost proposals prepared by the Contractor must be submitted to the Department on or before the date and time set for receiving cost proposals in order to be considered for task assignment award.

Performance Measures:

Deliverables reviewed to ensure compliance with the Division of State Lands standards in the scope of services and the American Society of Testing and Materials requirements.

Financial Consequences:

No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed unsatisfactory by the Department, Contractor shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within thirty (30) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate the Contract for failure to perform, or 2) DEP Contract Manager may, by letter specifying the failure of performance under the Contract, request that a proposed Corrective Action Plan (CAP) be submitted by Contractor to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days.

A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Contract Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Contractor shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above shall result in the Department's termination of the Contract for cause as authorized in the Contract.

B. Upon Department's notice of acceptance of a proposed CAP, Contractor shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does

DEP Contract No. , Attachment C, Page 4 of 14 not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the Department shall retain the right to require additional or further remedial steps, or to terminate the contract for failure to perform. No actions approved by Department or steps taken by Contractor shall estop the Department from subsequently asserting any deficiencies in performance. Contractor shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Contract Manager.

C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Contract as specified by the Department may result in termination of the Contract.

The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Contract.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DEP Contract No. , Attachment C, Page 5 of 14

ST AN DAROS FOR ENVIRONMENT AL SITE ASSESSMENT SERVICES

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

ENVIRONMENT AL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING THE PHASE I ENVIRONMENTAL SITE

ASSESSMENT(PHASE I ESA)

The environmental site assessment of the property (Property) to be acquired by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees) must meet the requirements of the Florida Department of Environmental Protection, Division of State Lands (DSL), Bureau of Land Acquisition (BLA). For purposes of performing the environmental site assessment, the term "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is designated pursuant to and/or regulated by any environmental law. The term "environmental law" shall mean any and all applicable federal, state, tribal or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials. In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) E 1527 standard. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements.

Please see Contractor's Itemized Checklist (Exhibit I) which will be attached to the Task Assignment. Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 1527-05; Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

The DSL required components and scope of the environmental site assessment beyond the above are as follows:

1. Requests for deviation from the DSL requirements as set forth must be approved in writing by the Division of State Lands prior to the issuance of a Task Assignment.

2. Certify the environmental site assessment to the Board of Trustees of the Internal Improvement Trust fund of the State of Florida and any other parties requested by DSL. If the report is not certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and other requested parties, the product will not be accepted. The certification shall state the following: (a) the date the Task Assignment was signed by the Contractor (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the date the Contractor began the work on the ESA; (c) the environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM E 1527 standard, and therefore the federal Environmental Protection Agency's All Appropriate Inquiry Rule; (d) the accuracy, correctness and completeness of the environmental site assessment is provided with the knowledge of the ASTM; and (e) the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is entitled to rely on the information set forth in the environmental site assessment.

3. Determine if prior environmental site assessments have been done or any other environmental work and, if so, what it disclosed. Include all found information in the report as an Appendix for the independent review.

4. Contractor agrees to notify DSL immediately, or as soon as feasible, if any substantial problems of significant magnitude unfold or are discovered at any point during the Phase I ESA that impact the Subject Property.

5. Determine the potential existence of federal, state, tribal, and local environmental cleanup liens and Activity and Use Limitations (AUL) of enforcement actions against the Property. The Division of State Lands contracts with the Contractor to fulfill these obligations on behalf of the user(s)/DSL.

DEP Contract No. , Attachment C, Page 6 of 14

6. Identify adjoining property landowners.

7. Interview the applicable adjoining neighbors if it is determined by the Contractor that an adjoining landowner is involved in an industrial use (an activity requiring the application of labor and capital for the production or distribution of a product or article, including, without limitation, manufacturing, processing, extraction, refining, warehousing, transportation, and utilities of hazardous substances or petroleum products), or if the adjoining site shows current or historical issues in the regulatory database search. Applicable sites would include gas stations;

motor repair facilities; commercial printing facilities; dry cleaners; photo developing laboratories; junkyards or landfills; or waste treatment, storage, disposal, processing or recycling facilities. Interviewing residential neighbors is not necessary unless the Contractor has cause for concern.

8. Review and provide a summary of current and historical aerial photographs of the Property and surrounding area for an evaluation of prior and current use. Copies of the photography shall be placed in an appendix within the environmental site assessment for independent review.

9. Provide color photographs of the current site conditions in the ESA. All structures, wells, access roads and trail paths leading onto the Subject Property or impacting the Subject Property, areas of concern, items of concern (including trash sites, borrow pits, stressed vegetation and stained soil), business environmental risks, historical recognized environmental conditions, and recognized environmental conditions on the Property or impacting the Property shall be photographed. Enough photographs should be taken to show a good representation of the entire site's conditions. If access is available inside of each structure(s), enough photographs should be taken to show a good representation of the internal portion of the structure(s).

a. Include the corresponding Longitude and Latitude of each photograph, and an ArcGIS shapefile which also includes the latitudes and longitudes in the attribute table, in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS Unit used to collect data (i.e., Garmin GPS map 76).

10. Orient all photograph points on a site map to scale or current aerial photograph.

11. Estimate depth to groundwater and direction of groundwater flow.

12. List all data failures, as defined in the current ASTM E 1527 standard, and explain why they exist.

13. The environmental assessment report shall contain a discussion and evaluation of the relevance of all the components listed above and other findings of the ESA, along with definite conclusions and specific recommendations for further work the Contractor deems necessary as pertinent to the Subject Property.

14. Provide each report on double-sided pages.

15. Insert an aerial photograph or map of the entire Subject Property at the front of the report.

16. Provide a Table of Contents and page numbers in the ESA report.

17. Provide corresponding page numbers to the Contractor's Itemized Checklist (see Exhibit I), attached to the Task Assignment, and include a completed copy in the ESA.

18. Separate out appendices clearly in the report.

19. One ( 1) certified paper copy and four ( 4) certified CDs of the environmental site assessment shall be delivered to the DSL as set out below:

DEP Contract No. , Attachment C, Page 7 of 14

(DEP Contract Manager) Bureau of Land Acquisition Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 115 Tallahassee, Florida 32399

20. All professionals preparing or reviewing Environmental Site Assessments for the Division of State Lands are required to carry a minimum of $1,000,000 in professional liability insurance.

DEP Contract No. , Attachment C, Page 8 of 14

EXHIBIT I

CONTRACTOR'S ITEMIZED CHECKLIST

Phase I ESA (ASTM E 1527 and ASTM E 2247): Updated Phase I ESA (ASTM E 1527 and ASTM E 2247}

Directions: Please fill in each blank with the appropriate response. An appendix may be indicated instead of page number(s), if appropriate.

1)

2)

3)

4)

5)

6)

7)

8)

9)

10)

11)

12)

YES/NO

Page#

Page#

Page#

Page#

YES/NO

Page#

Page#

Page#

Page#

Page#

Page#

Have any requests for deviation to the DSL Scope of Services been approved?

Certification to the Board of Trustees, with subsections a, b, c, d, and e.

Determination of whether other or previous ESAs or environmental work has been performed at the Subject Property. If other ESAs or environmental work exists, state the Appendix in which copies of the previous ESAs or environmental work can be found in the report: Appendix __

Determination of existing environmental liens and AULs on the Subject Property.

Adjoining property landowner identification.

Were any adjoining landowners interviewed? If so, what page number can this information be found on in the report? Page # __

Summary of current and historical aerial photographs.

GPS points and GPS manufacturer and model.

Photograph points oriented on a site map to scale or current aerial photograph.

Groundwater information.

Data failure information.

Discussion and evaluation of findings, conclusions and recommendations.

DEP Contract No. , Attachment C, Page 9 of 14

STANDARDS FOR ENVIRONMENT AL SITE ASSESSMENT SERVICES

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

ENVIRONMENT AL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING THE PHASE I ENVIRONMENTAL SITE

ASSESSMENT FOR FORESTLAND OR RURAL PROPERTY

The environmental site assessment of the property (Property) to be acquired by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees) must meet the requirements of the Florida Department of Environmental Protection, Division of State Lands (DSL), Bureau of Land Acquisition (BLA). For purposes of performing the environmental site assessment, the term "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is designated pursuant to and/or· regulated by any environmental law. The term "environmental law" shall mean any and all applicable federal, state, tribal or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials. In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) E 2247 standard. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements.

Please see Contractor's Itemized Checklist (see Exhibit I), which will be attached to the Task Assignment. Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 2247-08; Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.

The DSL required components and scope of the environmental site assessment beyond the above are as follows:

1. Requests for deviation from the DSL requirements as set forth must be approved in writing by the Division of State Lands prior to the issuance of a Task Assignment.

2. Certify the environmental site assessment to the Board of Trustees of the Internal Improvement Trust fund of the State of Florida and any other parties requested by DSL. If the report is not certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and other requested parties, the product will not be accepted. The certification shall state the following: (a) the date the Task Assignment was signed by the Contractor (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the date the Contractor began the work on the ESA; (c) the environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM E 2247 standard, and therefore the federal Environmental Protection Agency's All Appropriate Inquiry Rule; (d) the accuracy, correctness and completeness of the environmental site assessment is provided with the knowledge of the ASTM; and (e) the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is entitled to rely on the information set forth in the environmental site assessment.

3. Determine if prior environmental site assessments have been done or any other environmental work and, if so, what it disclosed. Include all found information in the report as an Appendix for the independent review.

4. Contractor agrees to notify DSL immediately, or as soon as feasible, if any substantial problems of significant magnitude unfold or are discovered at any point during the Phase I ESA that impact the Subject Property.

DEP Contract No. , Attachment C, Page 10 of 14

5. Determine the potential existence of federal, state, tribal, and local environmental cleanup liens and Activity and Use Limitations (AUL) of enforcement actions against the Property. The Division of State Lands contracts with the Contractor to fulfill these obligations on behalf of the user(s)/DSL.

6. Identify adjoining property landowners.

7. Interview the applicable adjoining neighbors if it is determined by the Contractor that an adjoining landowner is involved in an industrial use (an activity requiring the application of labor and capital for the production or distribution of a product or article, including, without limitation, manufacturing, processing, extraction, refining, warehousing, transportation, and utilities of hazardous substances or petroleum products), or if the adjoining site shows current or historical issues in the regulatory database search. Applicable sites would include gas stations;

motor repair facilities; commercial printing facilities; dry cleaners; photo developing laboratories; junkyards or landfills; or waste treatment, storage, disposal, processing or recycling facilities. Interviewing residential neighbors is not necessary unless the Contractor has cause for concern.

8. Review and provide a summary of current and historical aerial photographs of the Property and surrounding area for an evaluation of prior and current use. Copies of the photography shall be placed in an appendix within the environmental site assessment for independent review.

9. Provide color photographs of the current site conditions in the ESA. All structures, wells, access roads and trail paths leading onto the Subject Property or impacting the Subject Property, areas of concern, items of concern (including trash sites, borrow pits, stressed vegetation and stained soil), business environmental risks, historical recognized environmental conditions, and recognized environmental conditions on the Property or impacting the Property shall be photographed. Enough photographs should be taken to show a good representation of the entire site's conditions. If access is available inside of each structure(s), enough photographs should be taken to show a good representation of the internal portion of the structure(s).

a. Include the corresponding Longitude and Latitude of each photograph, and an ArcGIS shapefile which also includes the latitudes and longitudes in the attribute table, in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS Unit used to collect data (i.e., Garmin GPS map 76).

10. Orient all photograph points on a site map to scale or current aerial photogr�ph.

11. Estimate depth to groundwater and direction of groundwater flow.

12. List all data failures, as defined in the current ASTM E 224 7 standard, and explain why they exist.

13. The environmental assessment report shall contain a discussion and evaluation of the relevance of all the components listed above and other findings of the ESA, along with definite conclusions and specific recommendations for further work the Contractor deems necessary as pertinent to the Subject Property.

14. Provide each report on double-sided pages.

15. Insert an aerial photograph or map of the entire Subject Property at the front of the report.

16. Provide a Table of Contents and page numbers in the ESA report.

17. Provide corresponding page numbers to the Contractor's Itemized Checklist (see Exhibit I), attached to the Task Assignment, and include a completed copy in the ESA.

18. Separate out appendices clearly in the report.

DEP Contract No. , Attachment C, Page 11 of 14

19. One (1) certified paper copy and four (4) certified CDs of the environmental site assessment shall be delivered to the DSL as set out below:

(DEP Contract Manager) Bureau of Land Acquisition Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 115 Tallahassee, Florida 32399

20. All professionals preparing or reviewing Environmental Site Assessments for the Division of State Lands are required to carry a minimum of $1,000,000 in professional liability insurance.

DEP Contract No. , Attachment C, Page 12 of 14

BASELINE DOCUMENTATION REPORTS

FOR

LESS THAN FEE SIMPLE LAND ACQUISITIONS

For less-than-fee-simple land acquisitions made on behalf of the Board of Trustees of the Internal Improvement Trust Fund ("Board"), the Department of Environmental Protection (DEP) will task the Contractor to perform a baseline documentation study. The results should be provided in a report by the Contractor. The report is to satisfy the DEP DSL requirements regarding documentation of conditions, at the time of acquisition, of properties over which a conservation easement or other less-than-fee-simple real estate interest is acquired (Baseline Documentation Report).

The purpose of the report is to identify natural resources on site, land use activities present at the time of the report, threatened or endangered species present, and describe the property adequately to establish baseline conditions from which future monitoring may occur and management recommendations be made.

Scope of Services

The Contractor shall:

1. Conduct interviews with the landowner and his/her employees or other pertinent individuals who may have knowledge of the on-site presence of listed species, unique features, and historical or archaeological sites.

Obtain any information available on fire history, grazing history and timbering history.

2. Review current and historical aerial photographs of the Property and surrounding area for an evaluation of current use. Include National Wetland Inventory maps for the purpose of conducting community mapping activities.

3. Interpret the aerial photography and soil maps of the site to prepare an initial natural communities map based on the Florida Natural Areas Inventory (FNAI) Natural Communities Descriptions. Review surveys and ground-truth to finalize the maps and include ground water characteristics and general topography.

4. Review pertinent, readily available literature and databases (including, but not limited to: Florida Fish and Wildlife Conservation Commission publications, CARL or Florida Forever project assessment documents, FNAI, Florida Breeding Bird Atlas) for known on-site species occurrences and to identify listed species that are known to occur in the region.

5. Prepare a list of FNAI listed animals and plants that potentially inhabit the project site based on current or previous sightings.

6. Comply with the following Property investigation requirements:

a. A field survey shall be conducted concurrently with the site inspection for the purposes of determining the likelihood of presence or absence of animal or plant species and verifying the boundaries and the condition of existing upland and wetland communities. Field surveys will be carried out at the appropriate times (early morning and late evening) and will include representative coverage of all habitat types with the potential for supporting listed plant and animal species. The field surveys should be or adequate depth to maximize the chances of identifying listed species present on the Property.

FNAI listed plant species will be surveyed concurrently with the habitat surveys. When FNAI listed species are observed on the Property, provide a qualitative estimate of abundance (e.g., common, rare, etc.).

b. Man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, etc., shall be photographed.

DEP Contract No. Attachment C, Page 13 of 14

Reporting Requirements

A written report shall be prepared which contains a summary of the documentation. The report shall be submitted no later than the date specified in the Task Assignment Notification form. One (1) copy of the Baseline Documentation Report shall be provided to the landowner and three (3) copies shall be delivered to DSL. A digital copy of each report including maps shall be provided to DSL on a compact disk. The report ?hall include, at a minimum, the following:

1. A description of the Property, including a general location map, specific location, size, legal description and owner information. (Baseline)

2. A map delineating the community types (per FNAI or both FLUCCS and FNAI)) present on the site, along with the estimated acreage of each habitat tract. Habitat acreages will be computed and provided either on the map or on a separate table that is included in the report. Habitat types will be recorded in the report text according to their dominant species by stratum (overstory, midstory, groundcover) and the quality of the habitat. Unique features found, such as springs, caves, sinkholes, artesian wells, rookeries, eagle nests, etc., will be noted and mapped on aerial photographs or referenced to the natural communities map. A description of the general condition and health of waterways, wetlands, and natural communities will be included. The habitat map and description will also include a summary of the type, location and aerial extent of nuisance or exotic plant species. The map should also indicate any agricultural, wetland, upland or other areas specifically referenced in the baseline documentation/environmental site assessment report. (Baseline)

3. A map and/or aerial photograph marked with the locations of any man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, etc., and marked with the locations of any historical or archaeological sites known or suspected. (Baseline)

4. Color photographs of the current site conditions oriented to specific locations on the Property. All trash sites on or impacting the Property shall be photographed, with enough photographs to document the overall condition of the Property. (Baseline)

5. Color photographs of all man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, etc. (Baseline)

6. Indexed photographs representative of each habitat type and,…

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