CN-370000-PL267-T3.pdf

TASK ASSIGNMENT NOTIFICATION FORM

DEP CONTRACT NO. PL267

Task Assignment Number: PL267.003 BLA File Number: 328546 Date: January 30, 2023

Project Name: Triple Diamond County: Okeechobee Owner’s Name/Parcel #: Role Tran, LLC. Approx. acres: 2,529 Parcel ID: See Exhibit A

Contractor: Tetra Tech, Inc. FEID No: 95-4148514 Contractor Contract Manager: Laura Barrett Phone Number: 850-536-8120

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 (Use additional sheets if necessary):

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.

Authorized deviations from DSL Scope of Services: 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. Only one digital copy (compact disc, USB) 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 specific questions and property access, contact the sellers representative Traci Dean at 786-271-3113 or traci@conservationfla.org

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

Draft Products Due Date: March 10, 2023

Task Assignment Type: Amount Not To Exceed:

Fee Schedule $ 12,012.75(2,529 acres x $4.75/acre) Cost Reimbursement $ 654.00 Additional AUL/Lien Searches $450.00 Total Task Assignment Value $ 13,116.75

TETRA TECH, INC. FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Contract Manager Date DEP Contract Manager or designee Date

APPROVED:

Contractual Authority Date

James Parker

Digitally signed by James Parker Date: 2023.01.30 10:30:23 -05'00'

Laura Barrett Digitally signed by Laura Barrett Date: 2023.01.30 12:51:06 -05'00'

Digitally signed by Robbie Parrish

10:51:44 -05'00'

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 FF07090 22 $13,116.75

cc: Contracts Office (MS93)

Bureau of Finance & Accounting (MS75) 2 copies

29-Digit FLAIR Code: 37 20 2 423001 37100400 00 084108 22

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.

Amy Horton Digitally signed by Amy Horton

11:03:31 -05'00'

FLORIDA DEPARTMENT OF

Environmental Protection

Marjory Stoneman Douglas Building

3900 Commonwealth Boulevard Tallahassee, FL 32399

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton Secretary

APPRAISAL MAP REVIEW MEMO

TO: Rachel Crum, Government Operation Consultant III

Bureau of Real Estate Services

FROM: Jorge Alonso, PSM Signature: Jorge Alonso Bureau of Survey & Mapping Date:04/28/2022; Rev.: 8/20/2022

PROJECT NAME: Triple Diamond

OWNER'S NAME: Role Tran LLC

PARCEL ID: 1-23-34-32-0A00-00001-0000; 1-24-34-32-0A00-00001-0000; 1-25-34-32-0A00-00001- 0000; 1-26-34-32-0A00-00001-0000; 1-30-34-33-0A00-00001-0000

Sections 23, 24, 25 & 26, Township 34 South, Range 32 East and Section 30, Township 34 South, Range 33 East, Okeechobee County, Florida.

COMMENTS: The property abuts some State-owned lands to the North and Federal lands to a portion of it’s East boundary. The rest of the abutting properties are privately owned.

AREA: 2,529 acres +/- (1,803 uplands; 726 wetlands)

• The property does not appear to be waterfront.

• Title information dated March 18, 2022 has been reviewed.

• There is no evidence of legal access to the property. There appears to be trail roads that may provide physical access.

• The legal description was derived from the title information referenced above and is attached as Exhibit “A”.

• The boundaries, areas and wetlands were derived from the Florida Department of Revenue GIS Data and Okeechobee County, GIS data.

The description, areas, boundary and encumbrances are subject to change with an accurate field survey and title insurance commitment.

EXHIBIT "A"

All of Sections 23, 24, 25 and 26, Township 34 South, Range 32 East, Okeechobee County, Florida.

AND

All of Section 30, Township 34 South, Range 33 East, Okeechobee County, Florida.

LESS AND EXCEPT those parts described in that certain deed recorded in Official Records Instrument No. 2021003489, of the Public Records of Okeechobee County, Florida.

ALSO LESS AND EXCEPT the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 34 South, Range 33 East AND the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 26, Township 34 South, Range 32 East AND a 140.07 +/- acre tract as depicted on the attached map.

alonso_j Typewritten Text Triple Diamond Role Tran, LLC Okeechobee County

NW 256th St

Triple Diamond Florida Forever BOT Project

Kissimmee River

Wetlands Reserve Program Easement #203

Wetlands Reserve Program Easement #129

Everglades Headwaters National Wildlife Refuge and Conservation Area

Wetlands Reserve Program Easement #166

Corona Ranch Agricultural and

Conservation Easement

Kissimmee Bend State Forest

Triple Diamond

Okeechobee County, Florida

Document Path: F:\SURVEY\Triple_Diamond\Role_Tran_LLC\GIS\Triple_Diamond_Role_Tran_LLC.aprx

"SITE

Date Saved: 8/19/2022 3:10 PM

Subject Parcel

National Wetlands Inventory

Florida Forever Project Boundaries

State Managed Conservation Lands

Federal Managed Conservation Lands

0 0.5 10.25

Miles

File Location: \\FLDEP1\tech_cad\

Map Created By: K. Wyko

Owner: Role Tran, LLC

Wetlands: 726 Acres Uplands: 1,803 Acres

Total: 2,529 Acres

Pine Island Slough Ecosystem Florida

Forever BOT Project

Triple Diamond Florida Forever BOT Project

Eastern Scarp Ranchlands Florida

Forever BOT Project

Corrigan Ranch Florida Forever BOT Project

Kissimmee Prairie Preserve

State Park

Kissimmee River

Kissimmee River

Avon Park Air Force Range

Corona Ranch Agricultural and

Conservation Easement

Document Path: F:\SURVEY\Triple_Diamond\Role_Tran_LLC\GIS\Triple_Diamond_Role_Tran_LLC.aprx

"SITE

Date Saved: 8/19/2022 3:10 PM

Subject Parcel

Florida Forever Project Boundaries

State Managed Conservation Lands

Federal Managed Conservation Lands

Private Managed Conservation Lands

0 2 41

Miles

File Location: \\FLDEP1\tech_cad\

Map Created By: K. Wyko

Triple Diamond

Okeechobee County, Florida

Owner: Role Tran, LLC

Avon Park Air Force

Range

Wetlands Reserve Program

Easements

Wetlands: 726 Acres Uplands: 1,803 Acres

Total: 2,529 Acres

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, 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)

7. 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)

8. 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)

9. Ensure that all site characteristics or features specifically referenced in the conservation easement (e.g., wetlands, natural communities, agricultural or silvicultural areas, certain man-made features) are described in the text and/or indicated on appropriate maps. (Baseline)

10. 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.

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

(Baseline)

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

X3. USER QUESTIONNAIRE

(1) Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25).

• Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? No, DSL looks to the ESA consultant to provide us with this information.

(2) Activity and land use limitations that are in place on the site or that have been filed or recorded in a registry

(40 CFR 312.26).

• Are you aware of any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under…