CN-370000-PL516-T4.pdf

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Master Agreement FL|PL516|38e1bb59cace28a1174aa965ec6ac817
Contract number
PL516
Issued by
Florida

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Document Summary

This is a Task Assignment Notification Form under Florida Department of Environmental Protection (DEP) Contract No. PL516, issued by the State of Florida's Division of State Lands. The task assignment engages AEROSTAR SES LLC as the contractor to perform environmental assessment services on property located in Jackson County, Florida. The property owners are Richard L. Hinson, III, James Randall Hinson, and Mark Edward Hinson. The contract manager is Frank Redway for the contractor, and James Parker serves as both the DEP designated task manager and DEP contract manager.

The task requires AEROSTAR SES LLC to provide a Phase I Environmental Site Assessment for the referenced parcels (49.8 acres total) in accordance with Division of State Lands standards and ASTM 2247 standards for forestland or rural property. The assessment must be certified to the Board of Trustees of the Internal Improvement Trust Fund and comply with EPA's All Appropriate Inquiry Rule. The total task assignment value is $2,700.00 on a fee schedule basis, with a liquidated damages charge of $25.00 per day for missed deadlines. Draft products are due July 19, 2024. The assessment must be submitted electronically on compact discs or USB devices, with no deviations from DSL standards permitted unless approved in writing. Funding is allocated from the state budget under FLAIR code 37 20 2 423001 37100400 00 084108 23.

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Funding Information:

3Org. Code E. O. Fund Object Code Budget Entity Module Special Category

Project # Year Amount

37102400000 QH 423001 131545 37100400 NA 084108 80060 23 $2,700.00

cc: Contracts Office (MS93)

Bureau of Finance & Accounting (MS75) 2 copies

29-Digit FLAIR Code: 37 20 2 423001 37100400 00 084108 23

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.

Middle Chipola River Richard L. Hinson, III, James Randall Hinson, & Mark Edward Hinson Jackson County

Exhibit “A”

DESCRIPTION: NEW PARCEL A

A new parcel of land located par�ally in the East half of the Southwest quarter, par�ally in the Northwest quarter of the Southeast quarter, and par�ally in the South half of the Southeast quarter, all in Sec�on 10, Township 4 North, Range 10 West, Jackson County, Florida and being a por�on of the Richard L. Hinson, III et al. property as described in Official Record Book 1546 page 962 of the Public Records of said Jackson County and being more par�cularly described as follows:

Commence at a concrete monument marking the Southeast corner of the Southwest quarter of Sec�on 10, Township 4 North, Range 10 West, Jackson County, Florida and run North 89 degrees 36 minutes 38 seconds West 287.50 feet to a concrete monument on the Easterly right of way line of the Marianna and Blountstown Railroad (M&B) (abandoned), thence run North 17 degrees 23 minutes 51 seconds West, along said Easterly right of way line, 428.92 feet to a concrete monument for the POINT OF BEGINNING, thence con�nue along said Easterly right of way the following four calls: thence run North 17 degrees 23 minutes 51 seconds West 196.91 feet to a point of curvature of a curve concave to the Southeast, thence run Northeasterly along said curve with a radius of 919.34 feet, through a central angle of 53 degrees 33 minutes 04 seconds for an arc length of 859.25 feet, chord of said curve being North 09 degrees 22 minutes 41 seconds East 828.32 feet to a point of tangency, thence run North 36 degrees 09 minutes 13 seconds East 477.44 feet to a point of curvature of a curve concave to the Northwest, thence run Northeasterly along said curve with a radius of 1455.00 feet, through a central angle of 35 degrees 15 minutes 48 seconds for an arc length of 895.50 feet, chord of said curve being North 18 degrees 31 minutes 19 seconds East

881.43 feet to the North line of the Northwest quarter of the Southeast quarter of said Sec�on 10, thence depar�ng said Easterly right of way run South 89 degrees 24 minutes 49 seconds East, along said North line, 343.05 feet, more or less, to the West line of that property described in Official Record Book (OR) 709 Page (P) 534 of the Public Records of said Jackson County, thence depar�ng said North line run South 11 degrees 39 minutes 37 seconds East, along said West line, 1954.98 feet, more or less, to the North line of Parcel 2 as described in OR 811 P 495, thence depar�ng said West line run along said North line of Parcel 2 the following four calls: thence run South 78 degrees 23 minutes 28 seconds West 679.25 feet, more or less, thence run South 72 degrees 44 minutes 25 seconds West 309.34 feet, more or less, thence run South 68 degrees 51 minutes 34 seconds West 310.58 feet, more or less, thence run North 75 degrees 37 minutes 10 seconds West 129.43 feet, more or less, to the Point of Beginning.

Middle Chipola River Richard L. Hinson, III, James Randall Hinson, & Mark Edward Hinson Jackson County

DESCRIPTION: NEW PARCEL B

A new parcel of land located in the East half of the Southwest quarter of Sec�on 10, Township 4 North, Range 10 West, Jackson County, Florida and being a por�on of the Richard L. Hinson, III et al. property as described in Official Record Book 1546 page 962 of the Public Records of said Jackson County and being more par�cularly described as follows:

Commence at a monument marking the Southeast corner of the Southwest quarter of Sec�on 10, Township 4 North, Range 10 West, Jackson County, Florida and run North 89 degrees 36 minutes 38 seconds West 287.50 feet to a concrete monument on the Easterly right of way of the Marianna and Blountstown Railroad (M&B) (abandoned), thence run North 17 degrees 23 minutes 51 seconds West, along said Easterly right of way, 428.92 feet to a concrete monument, thence depar�ng said Easterly right of way run North 86 degrees 58 minutes 39 seconds West 106.71 feet to a concrete monument on the Westerly right of way of said M&B railroad for the POINT OF BEGINNING, thence depar�ng said Westerly right of way run along the East line of Parcel 1 as described in Official Record Book (OR) 811 Page (P) 495 of the Public Records of said Jackson County, the following six calls: thence run North 63 degrees 28 minutes 16 seconds West 35.12 feet, thence run North 32 degrees 54 minutes 37 seconds West 164.12 feet to a concrete monument, thence run North 25 degrees 26 minutes 10 seconds West 268.21 feet to a concrete monument, thence run North 41 degrees 03 minutes 03 seconds West 236.93 feet to a concrete monument, thence run North 30 degrees 15 minutes 02 seconds West 103.57 feet to a concrete monument, thence run North 38 degrees 05 minutes 10 seconds West 151.31 feet to an iron rod on the South line of that property as described in OR 1564 P 862, thence depar�ng said East line run North 80 degrees 00 minutes 00 seconds East, along said South line of OR 1564 P 862, 541.17 feet to an iron rod on the Westerly right of way of said M&B railroad, said iron rod being on a curve concave to the Southeast, thence run in a Southwesterly direc�on along said Westerly right of way and curve having a radius of

1019.34 feet, through a central angle of 41 degrees 42 minutes 47 seconds for an arc length of 742.11 feet, chord of said arc being South 03 degrees 27 minutes 33 seconds West 725.83 feet to a point of tangency, thence run South 17 degrees 23 minutes 51 seconds East, along said Westerly right of way,

159.68 feet to the Point of Beginning.

02/14/2024

BSM APPROVED By:

C.A.B. Date: _____

Kent Dr

W a ndell St

T h o m a s D r

C a le d o n ia

S t

Pooser Rd

Gator Hole Ln

H ig h w a y

Louisvil le and

N ashvil le

R ailroad

Hinson Conservation and Recreation Area

C hipola

R iver

Middle Chipola River Florida

Forever BOT Project

Jackson County, Florida

Owners: Richard L. Hinson, III, James Randall Hinson, & Mark Edward Hinson Middle Chipola River

SITE

Subject Parcels CLC Wetlands Florida Forever Project Boundaries

City/County Managed Conservation Lands Access Easement (OR Book 709, Page 534) Access Easement (OR Book 1546, Page 962)

0 500 1,000250

Feet

F:\SURVEY\Middle Chipola River\Hinson Date Saved: 2/12/2024 1:12 PM File Location: \\FLDEP1\

Map Created By: T. Barnes

Wetlands: 0.2 Acres Uplands: 49.6 Acres

Total: 49.8 Acres

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

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

C a le d o n ia

S t

C a le d o n ia

S t

Broad St

Cedar St

B a rn e s S t

B e rtra m S t

O ra n g e S t

Clinton St

Pooser Rd

Clay St

South St

Old Cottondale Rd

B o rd e n S t

W y n n S t

O ld

A ir b a s e R d

Putnam St

Fieldstone Ct

W y n n R d

Woodberry Rd D o g w o o d S t

Holl y Hill D r

J e ff e rs o n S t

H ig h w a y

Lafayette StMarianna

Cook Rd

O ld

A ir b a s e R d

Lakewood Dr

F illm o re

D r

T u rn e r R d

Dean Rd

O ld

U S R d

P a n h a n d le

R d

Pelt St

H ighw ay

S p rin g C re e k

C a le d o n ia

S t

C a le d o n ia

S t

Broad St

Cedar St

B a rn e s S t

B e rtra m S t

O ra n g e S t

Clinton St

Pooser Rd

Clay St

South St

Old Cottondale Rd

B o rd e n S t

W y n n S t

O ld

A ir b a s e R d

Putnam St

Fieldstone Ct

W y n n R d

Woodberry Rd D o g w o o d S t

Holl y Hill D r

J e ff e rs o n S t

H ig h w a y

Lafayette St

Cook Rd

Lakewood Dr

F illm o re

D r

T u rn e r R d

Dean Rd

O ld

U S R d

P a n h a n d le

R d

Pelt St

H ighw ay

S p rin g C re e k

Chipola River

Greenway

Marianna Greenway

Hinson Conservation and Recreation Area

Ch ip ola Riv er

Middle Chipola River Florida

Forever BOT Project

SITE

Date Saved: 2/12/2024 12:49 PM File Location: \\FLDEP1\

Map Created By: T. Barnes

0 2,000 4,0001,000

Feet

Subject Parcels

Florida Forever Project Boundaries

City/County Managed Conservation Lands

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

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

Jackson County, Florida

Owners: Richard L. Hinson, III, James Randall Hinson, & Mark Edward Hinson Middle Chipola River

F:\SURVEY\Middle Chipola River\Hinson

Wetlands: 0.2 Acres Uplands: 49.6 Acres

Total: 49.8 Acres

State of Florida Department of Environmental Protection

Phase I Environmental Site Assessment Services Exhibit G

REQUIREMENTS FOR PERFORMING THE PHASE I ENVIRONMENTAL SITE ASSESSMENT

(PHASE I ESA)

The Environmental Site Assessment (ESA) of the Subject 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 Real Estate Services (BRES). For purposes of performing the ESA, 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; Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process

The required components and scope of the ESA beyond the above are as follows:

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

2. Certify the ESA to the Board of Trustees 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 TA was signed by the Contractor (also insert a copy of the signed TA in the report following the certification page); (b) the date the Contractor began the work on the ESA; (c) the ESA meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM E 1527 standard (https://www.astm.org), and therefore the federal Environmental Protection Agency’s All Appropriate Inquiry Rule https://www.epa.gov/brownfields/brownfields-all-appropriate-inquiries; (d) the accuracy, correctness and completeness of the ESA 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 ESA.

3. Determine if prior ESA’s 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 the Department DSL immediately if any substantial problems 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 DSL contracts with the Contractor to fulfill these obligations on behalf of the user(s)/DSL. Identify adjoining property landowners.

6. 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.

7. 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.

8. Provide color photographs of the current site conditions in the ESA. All structures, wells, access roads and trail paths leading or impacting the Subject Property, areas and 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. Photographs should provide good representation of the site’s entire condition. If access is available inside of each structure(s), photographs should provide a good representation of the interior of the structure(s).

a. Include a table that lists the corresponding Longitude and Latitude of each photograph, and an

Arc Geographic Information System (GIS) shapefile in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS unit or mobile application (including version) used to collect data.

9. Orient all photograph points on a site map.

10. Provide an estimate of the depth to groundwater and direction of groundwater flow.

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

12. 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.

13. As requested, provide hard copies of the reports on double-sided pages.

14. Include a Table of Contents in the ESA report.

15. Provide corresponding page numbers to the Contractor’s Itemized Checklist (see Exhibit H), attached to the TA, and include a completed copy of the checklist in the ESA.

16. Clearly label appendices in the report.

17. One (1) certified digital copy of the ESA shall be delivered to the DSL on compact disc, USB storage device, or other approved electronic methods as set out below:

The Department Contract Manager Office of Environmental Services Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 140 Tallahassee, Florida 32399

Contractor’s Itemized Checklist Exhibit H

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) 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 # Geographic Information System (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.

Phase I Environmental Site Assessment Services for Forestland or Rural Property

EXHIBIT I

REQUIREMENTS FOR PERFORMING PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR

FORESTLAND OR RURAL PROPERTY

The Environmental Site Assessment of the Subject 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 Real Estate Services (BRES). For purposes of performing the ESA, 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. Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 2247; Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process

2. Certify the ESA to the Board of Trustees 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 TA was signed by the Contractor (also insert a copy of the signed TA 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 (https://www.astm.org),, and therefore the federal Environmental Protection Agency’s All Appropriate Inquiry Rule https://www.epa.gov/brownfields/brownfields-all-appropriate-inquiries; (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.

4. Contractor agrees to notify DSL immediately if any substantial problems 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 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 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

8. Review and provide a summary of current and historical aerial photographs of the Property and 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 or impacting the Subject Property, areas and 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. Photographs should provide a good representation of the sites entire condition. If access is available inside of each structure(s), photographs should provide a good representation of the interior of the structure(s).

a. Include a table that lists the corresponding Longitude and Latitude of each photograph, and an

Arc Geographic Information System (GIS) shapefile in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS unitor mobile application (including version)

10. Orient all photograph points on a site map.

11. Provide an estimate of the 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. As requested, provide any required hard copies of the reports on double-sided pages.

15. Include a Table of Contents in the ESA report.

16. Provide corresponding page numbers to the Contractor’s Itemized Checklist (see Exhibit I), attached to the TA, and include a completed copy of the checklist in the ESA.

17. Clearly label appendices in the report.

18. One (1) certified digital copy of the ESA shall be delivered to the DSL on compact disc, USB storage device, or other approved electronic method as set out below:

The Department Contract Manager Office of Environmental Services Department of Environmental Protection

Updated Phase I Environmental Site Assessment Services Exhibit J

REQUIREMENTS FOR PERFORMING UPDATED PHASE I (ASTM E 1527 or E 2247)

ENVIRONMENTAL SITE ASSESSMENT (ESA)

The Updated Environmental Site Assessment (ESA) of the Subject 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 Real Estate Services (BRES). For purposes of performing the ESA, 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 II). Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 1527; Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, or ASTM Designation: E 2247, Standard Practice for Environmental Site Assessment Process for Forestland or Rural Property, whichever is applicable to the update.

2. Certify the Updated ESA to the Board of Trustees 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 TA was signed by the Contractor (also insert a copy of the signed TA in the report following the certification page); (b) the date the Contractor began the work on the Updated ESA; (c) the Updated ESA meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM standard(https://www.astm.org), , and therefore the federal Environmental Protection Agency’s All Appropriate Inquiry Rule https://www.epa.gov/brownfields/brownfields-all-appropriate-inquiries;

(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 ESA.

4. Contractor agrees to notify DSL immediately if any substantial problems 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 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 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

8. Review and provide a summary of current and historical aerial photographs of the Property and 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 or impacting the Subject Property, areas and 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. Photographs should provide a good representation of the sites entire condition. If access is available inside of each structure(s), photographs should provide a good representation of the interior of the structure(s).

a. Include a table that lists the corresponding Longitude and Latitude of each photograph, and an

Arc Geographic Information System (GIS) shapefile in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS unit or mobile application (including version)

10. Orient all photograph points on a site map.

11. Provide an estimate of the 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. As requested, provide any required hard copies of the reports on double-sided pages.

15. Include a Table of Contents in the updated ESA report.

16. Provide corresponding page numbers to the Contractor’s Itemized Checklist (see Exhibit H), attached to the TA, and include a completed copy of the checklist in the updated ESA.

17. Clearly label appendices in the report.

18. One (1) certified digital copy of the updated ESA shall be delivered to the DSL on compact disc, USB storage device, or other electronic methods as set out below:

Department of Environmental Protection

Phase II Environmental Site Assessment Services Exhibit K

REQUIREMENTS FOR PERFORMING PHASE II ENVIRONMENTAL SITE ASSESSMENT

(PHASE II ESA)

1. Certify the Phase II Environmental Site Assessment (ESA) to the Board of Trustees 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 (TA) was signed by the Contractor and the due date (also insert a copy of the signed TA in the report following the certification page); (b) the Phase II Environmental Site Assessment (ESA) meets the requirements of the Department of Environmental Protection, Division of State Lands; (c) the accuracy, correctness and completeness of the Phase II ESA 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 ESA.

2. Requests for deviation from the requirements as set forth must be approved in writing by the DSL prior to the issuance of a TA.

3. Contractor agrees to notify DSL immediately a) if any substantial problems 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. Photographs should provide a good representation of the site’s RECs that are associated with the Phase II ESA.

• Orient all photographs on a site map.

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

• Orient GPS points on a site map.

7. All Phase II ESAs shall be approved and certified by a Professional Engineer or Professional Geologist licensed by the State of Florida.

8. Submit a report which shall include a description of the RECs identified in the Phase I ESA (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. As requested, provide any required hard copies of the reports on double-sided pages.

10. Clearly label appendices in the report.

11. One (1) certified digital copy of the Phase II ESA shall be delivered to the DSL on compact disc, USB storage device, or other approved electronic method as set out below:

Department of Environmental Protection

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

_________________________________ June 17, 2024 _____ _____ Signature Date

RE:

Project: Middle Chipola River Property Owner: Hinson Property Task Assignment No.: PL516.004

File details come from the government source that posted it. Updated .