CN-370000-PL277-T3.pdf

Devil's Garden

Hendry County, Florida

Distance To:

State Lands - Adjacent to Okaloacooche Slough State Forest Florida Forever Project - Within the Devil's Garden Project Water - 4.1 miles to Graham Marsh

Document Path: W:\Counties_GIS\Hendry\Alico_Devils_Garden\Agenda_Vicinity_Alico_Devils_Garden.mxd

SITE

Date Saved: 1/10/2019 2:34:36 PM

Subject Parcel Florida Forever BOT Projects State Managed Conservation Lands Federal Managed Conservation Lands

0 2 41

Miles

Subject Parcel

File Location: \\FLDEP1\tech_cad\ Map Created By: GW Stelter

Data Sources:

1) Provided Shapefiles

2) Florida Conservation Lands

3) Florida Forever BOT Project

4) NAVTEQ Roads

5) Bing Aerials

Okaloacoochee Slough

WMA

Okaloacoochee Slough State Forest

Devil's Garden Florida Forever BOT Project

Owner: Alico, Inc.

Spirit of the Wild

WMA

Wetlands Reserve Program Easement

#193 Dinner Island Ranch

WMA

Twelvemile Slough Florida Forever BOT Project

Hendry County Collier County

ATTACHMENT 3

Devil's Garden

Hendry County, Florida Document Path: W:\Counties_GIS\Hendry\Alico_Devils_Garden\Agenda_Aerial_Alico_Devils_Garden.mxd

SITE

Date Saved: 1/10/2019 1:12:32 PM

Subject Parcel Florida Forever BOT Projects State Managed Conservation Lands

0 1 20.5

Miles

Subject Parcel

File Location: \\FLDEP1\tech_cad\ Map Created By: GW Stelter

Data Sources:

1) Provided Shapefiles

2) Florida Conservation Lands

3) Florida Forever BOT Project

4) NAVTEQ Roads

5) Bing Aerials

CO

LL

IN

S

SL

OU

GH

R

D

SEARS RD

LOOP RD

Okaloacoochee Slough Wildlife Management Area

Okaloacoochee Slough State Forest

Devil's Garden Florida Forever BOT Project

Owner: Alico, Inc.

ATTACHMENT 3

ATTACHMENT C

SCOPE OF SERVICES

ENVIRONMENTAL SITE ASSESSMENT SERVICES

The Contractor shall provide environmental site assessment (ESA) services, on a task assignment basis, for the Department.

These services may include, but not be limited to, the performance of all levels of environmental site assessments (i.e., Phase I, Phase II and updates) in compliance with the Division of State Lands' requirements (see Exhibits I, Ill, IV and V below);

summarizing recommendations and conclusions; preparing recommendations and conclusions; remediation coordination;

remediation activities; clerical staff assistance for environmental site assessment and related document processing, project assessment and remediation consultation.

All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and the Quality Assurance Requirements for Department Contracts (see Attachment G).

The Contractor shall also be involved in the preparation of scopes of services for tasks to be assigned by the Department, at no cost to the Department. This may include compilation of information and products, and research and office work necessary for identification of tasks.

No minimum amount of work is guaranteed under this Contract.

Additional Services

The Contractor may be requested to provide additional services related to an environmental site assessment or remediation services, as deemed necessary by the Department. In the event that such additional services are needed, and based on the availability of funding, the Contractor shall be shall be compensated at rates mutually acceptable to the Department and the Contractor, as evidenced by an executed Task Assignment Notification or Task Assignment Change Order Form

Cost Proposals

The Department may issue informal cost proposal requests to its environmental site assessment 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 requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.)

and the Quality Assurance Requirements for Department Contracts (see Attachment G).

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DEP Contract No. , Attachment C, Page 1 of 12

EXHIBIT I

STANDARDS FOR ENVIRONMENTAL SITE ASSESSMENT SERVICES

DIVISION OF STATE LANDS

INSTRUCTIONS FOR

ENVIRONMENTAL 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. 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.

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

DEP Contract No. , Attachment C, Page 2 of 12 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 II), 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 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 3 of 12

EXHIBIT II

CONTRACTOR'S ITEMIZED CHECKLIST

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

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

1) YES/NO Have any requests for deviation to the DSL Scope of Services been approved?

2) Page#

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

3) Page# 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

4) Page#

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

5) Page#

Adjoining property landowner identification.

6) YES/NO Were any adjoining landowners interviewed? If so, what page number can this information be found on in the report? Page # __

7) Page# Summary of current and historical aerial photographs.

8) Page# GPS points and GPS manufacturer and model.

9) Page#

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

10) Page# Groundwater information.

11) Page# Data failure information.

12) Page# Discussion and evaluation of findings, conclusions and recommendations.

DEP Contract No. , Attachment C, Page 4 of 12

EXHIBIT Ill

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

ENVIRONMENTAL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING THE PHASE I ENVIRONMENTAL

SITE ASSESSMENT (ESA) 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), 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.

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.

DEP Contract No , Attachment C, Page 5 of 12

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 2247 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 6 of 12

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 7 of 12

EXHIBIT IV

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

UPDATED ENVIRONMENT AL 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 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 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 perform to the more stringent of the requirements. Please see the Contractor's Itemized Checklist which will be attached to the Task Assignment (see Exhibit 11). 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, or ASTM Designation: E 2247-08, Standard Practice for Environmental Site Assessment Process for Forestland or Rural Property, whichever is applicable to the update.

The OSL 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 OSL. 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 entitled to rely on the information 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 user(s)/DSL.

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

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 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., 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 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 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 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 clearly in the report.

DEP Contract No. , Attachment C, Page 9 of 12

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.

DEP Contract No. , Attachment C, Page 10 of 12

EXHIBIT V

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

PHASE II ENVIRONMENT AL SITE ASSESSMENTS

STANDARDS FOR CONDUCTING PHASE II ENVIRONMENTAL SITE ASSESSMENT (PHASE II ESA)

1. Certify the Phase II 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 and the due date (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the Phase II environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands; (c) the accuracy, correctness and completeness of the Phase II environmental site assessment is provided with the knowledge of the Comprehensive Environmental Response Compensation And Liability Act as set forth in 42 U.S.C. Section 9601 et seq., as amended ("CERCLA"); and (d) 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 Phase II environmental site assessment.

2. 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.

3. Contractor agrees to notify DSL immediately, or as soon as feasible, a) if any substantial problems of significant magnitude unfold or are discovered at any point during the Phase II ESA that impact the Subject Property, or b) if any new Recognized Environmental Conditions (RECs) that were not listed as an REC in the corresponding Phase I ESA are discovered during the course of the Phase II ESA.

4. Contractor agrees to communicate to DSL, by email and/or telephone, all of the data results once received from the laboratory prior to submittal of the written report.

5. Provide color photographs of the Phase II ESA work and any onsite conditions that may have changed since the Phase I ESA that may be of concern. Enough photographs should be taken to show a good representation of the site's RECs that are associated with the Phase II ESA.

a) Orient all photographs on a site map to scale or current aerial photograph.

6. Provide correlating GPS points for all existing wells, sample points, monitor wells, and newly discovered recognized environmental conditions, items of concern or business environmental risks.

a) Orient GPS points on a site map to scale or current aerial photograph.

7. All Phase II environmental site assessments shall be approved and certified by a professional engineer or professional geologist licensed by the State of Florida.

8. Submit a written report which shall include a description of the RECs identified in the Phase I ESA (any any other RECs identified during the course of the Phase II ESA), the correlating work performed; observations; all back up documentation including, but not limited to, the results of the laboratory analysis, waste manifests, receipts and chain of custody documentation; monitoring well construction data; findings; conclusions, and specific recommendations based on the conditions encountered during the assessment..

9. Provide each report on double-sided pages.

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

11. Separate out appendices clearly in the report.

DEP Contract No. , Attachment C, Page 11 of 12

12. One (1) certified paper copy and four (4) certified CDs of the Phase II 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

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

Tetra Tech, Inc.

1558 Village Square Blvd Suite 2, Tallahassee, Fl 32309

Tel 850.385.9899 www.tetratech.com

April 25, 2019

Mr. James Parker

Office of Environmental Services, Division of State Lands

Florida Department of Environmental Protection

3900 Commonwealth Boulevard, MS 140

Tallahassee, FL 32399-3000

Subject: Proposal to conduct an ASTM E2247 Phase I ESA for the Alico Property in

Hendry Florida

Dear Mr. Parker:

Tetra Tech is pleased to provide to the Florida Department of Environmental Protection (FDEP), Division of State Lands (DSL) this proposal letter to conduct an ASTM E2247 Phase I

Environmental Site Assessment (ESA) for the Alico Property in Hendry County, Florida. The

Phase I ESA will be completed as described in our FDEP Contract PL277 Attachment C – Scope of Services - Environmental Site Assessment Services. The Alico Property is composed of

5,534 acres including 14 separate parcels located southeast of LaBelle in Hendry County Florida.

The proposal includes all activities, equipment, and commodities necessary to accomplish the task including travel. ESA field activities and the final Phase I ESA Report will be prepared in accordance with American Society for Testing and Materials (ASTM) Standard E2247-08:

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment for Forestland or Rural Property.

Project Assumptions

The assumptions provided below were derived to design a suitable Scope of Work, and calculate the appropriate costs required to complete this project:

• The DSLs will identify and provide to Tetra Tech the contact information of the appropriate owner representative and property personnel with knowledge of the Property to complete the User Questionnaire and be interviewed.

• The DSL assist Tetra Tech in coordinating property access with the current property owner. Delays in access to the property, caused by the current property owner, may delay the delivery of the final report.

• Tetra Tech will not conduct a Chain of Title search for this project; only a Lien and

Activities and Use Limitations (AUL) search is required.

Florida Department of Environmental Protection

• The DSL will provide Tetra Tech with any pertinent property information available such as bounded survey maps, previous environmental investigations, lien information, etc.

should any such documents exist.

• The project results will be provided in a single draft and final report to satisfy DSL Phase

I ESA requirements. All work proposed herein will be performed in general accordance with FDEP Contract PL267 Attachment C –Environmental Site Assessment Reports.

• Tetra Tech will complete a draft report and submit it electronically for DSL review.

Tetra Tech will incorporate any comments or questions into the final document and submit it to DSL.

• Paper copies of the draft and final ESA and BDR will not be submitted to DSL. Instead an electronic submittal via the internet and, if requested, a separate submittal of a CD including Adobe Acrobat PDF versions of the documents will be completed.

COMPENSATION

Tetra Tech’s proposed cost to complete the services indicted above is a total firm fixed price of

$5,925.00 all inclusive. Required items such as lien/AUL searches, regulatory records searches, and historical records are included in our firm fixed price.

PERIOD OF PERFORMANCE

Tetra Tech anticipates commencing project activities upon receipt of the signed Task Order and anticipates completion of the project within 60 calendar days.

Should you have any questions regarding this proposal, please contact me at (850) 536-8117.

Sincerely, Gerald Walker, PG

Project Manager

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? No, DSL looks to the ESA consultant to provide us with this information.

(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? No.

(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. Total compensation to be provided for this property reasonably reflects 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? No, DSL looks to the ESA consultant to determine 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, 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, interviews, etc.

(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? No.

James Parker ______ ESA Contract Manager __ Name (Authorized User Representative) Title

_________________________________ April 29, 2019 _____ _____ Signature Date

RE:

Project: Devil’s Garden Property Owner: Alico, Inc.

Task Assignment No.: PL277.003