CN-370000-PL275-TA1.pdf

EXHIBIT IV

STANDARDS FOR ENVIRONMENTAL SITE ASSESSMENT SERVICES

DMSION OF STATE LANDS

INSTRUCTIONS FOR

UPDATED ENVIRONMENTAL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING AN UPDATED

PHASE I (ASTM E 1527 or E 2247) ENVIRONMENTAL SITE ASSESSMENT (ESA)

The updated 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 perfonning the environmental site assessment, the tenn "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 tenn "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 or current ASTM E 2247 standard, whichever is applicable to the update. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perfonn to the more stringent of the requirements. Please see the Contractor's Itemized Checklist which will be attached to the Task Assignment (see Exhibit II). Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 1527-05; Standard Practice for Environmental Site Assessments: Phase 1· Environmental Site Assessment Process, or ASTM Designation: E 2247-08, Standard Practice for Environmental Site Assessment Process for ForesHand or Rural Property, whichever is applicable to the update.

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 updated 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 updated ESA 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 updated ESA; (c) the updated environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM standard, and therefore the federal Environmental Protection Agency's All Appropriate Inquiry Rule; (d) the accuracy, correctness and completeness of the updated 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 entiHed to rely on the infonnation set forth in the updated 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 Updated 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 use~s)/DSL.

DEP Contract No. PL275, Attachment C, Page 8 of 12

EXHIBIT B

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6. Identify adjoining property landowners.

7. Interview the applicable adjoining neighbors if it is detennined 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 updated environmental site assessment for independent review.

9. Provide color photographs of the current site conditions in the updated 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 updated ESA report for all indicated areas.

b. List manufacturer and model number of the GPS Unit used to collect data (i.e., Gannin 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 standard, and explain why they exist.

13. The updated environmental assessment report shall contain a discussion and evaluation of the relevance of all the components listed above and other findings of the updated ESA, along with definite conclusions and specific recommendations for further wor1c 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 updated ESA report.

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

18. Separate out appendices clear1y in the report.

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19. One (1) certified paper copy and four (4) certified CDs of the updated 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.

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DEP Contract No. PL275, Attachment C, Page 10of12

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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 federal, tribal, state or local law?

(3) Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR 312.28).

• As the user of this ESA do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business?

(4) Relationship of the purchase price to the fair market value of the property if it were not contaminated (40

CFR 312.29).

• Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property?

Yes, DSL looks to the DSL approved value established by review and approval of the appraisal of said property by its Bureau of Appraisal. The purchase price being paid for this property reasonably reflect the fair market value of the property.

(5) Commonly known or reasonably ascertainable information about the property (40 CFR 312.30).

• Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user,

(a) Do you know the past uses of the property?

(b) Do you know of specific chemicals that are present or once were present at the property?

No, the ESA consultant will find out through their research of the property, and interviews, etc.

(c) Do you know of spills or other chemical releases that have taken place at the property?

No, the ESA consultant will find out through their research of the property, and interviews, etc.

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(d) Do you know of any environmental cleanups that have taken place at the property?

No, the ESA consultant will determine this through their research and regulatory record review of the property.

(6) The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31).

• As the user of this ESA, based on your knowledge and experience related to the property are there any obvious indicators that point to the presence or likely presence of contamination at the property?

_______ _____Aric Larson_____________ GOC III – Contract Manager __ Name (Authorized User Representative) Title

_________________________________ __________June 11, 2015 __________ Signature Date

RE: Florida First Magnitude Springs / Lafayette Blue Springs – Phase I ESA UPDATE Task Assignment No.: PL275.001 ____