CN-370000-PL524-T3.pdf

TASK ASSIGNMENT NOTIFICATION FORM

DEP CONTRACT NO. PL524

Task Assignment Number: PL524.003 BLA File Number: 328824 Date: June 27, 2024

Project Name: Myakka Ranchlands County: Hardee Owner’s Name/Parcel #: Quail Creek Farms, LLC. Acres: 2,649.8 Parcel ID: 03-36-23-0000-05050-0000, 05-36-23-0000-00500-0000, & 33-35-23-0000-03760-0000

Contractor: PARTNER ENGINEERING AND SCIENCE, INC. FEID No: F20-8264379 Contractor Contract Manager: Steve Snyder Phone Number: 561-660-8675 DEP Designated Task Manager: James Parker Phone Number: 850-245-3045 DEP Contract Manager: James Parker Phone Number: 850-245-3045 Subcontractors: (List, if any) ___________________________ MBE:______ Yes No ___________________________________________________ MBE:______ Yes No

Task Description:

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

Deviations:

None

Property Owner / Representative contact information:

The User Questionnaire is completed and attached. For property questions and access, contact the sellers representative Julie Morris at 941-234-7201 or jmorris@floridaconserve.org

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

Draft Products Due Date: August 16, 2024

Task Assignment Type: Amount Not to Exceed:

Fee Schedule $ 11,867.52 (2,649 acres x $4.48/acre) Cost Reimbursement $ 355.25 Additional AUL/Lien Searches $ 170.00 Total Task Assignment Value $ 12,392.77

PARTNER ENGINEERING AND SCIENCE, INC FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Contract Manager Date DEP Contract Manager or designee Date

APPROVED:

Contractual Authority Date

Funding Authority Date

FOR DEPARTMENT USE ONLY:

Funding Information:

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

37102400000 QH 423001 131545 37100400 N/A 084108 FF06090 23 $12,392.77

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. The contractor shall be given the right to remedy at no cost to DEP.

Myakka Ranchlands Quail Creek Farms, Inc.

Hardee County

Exhibit “A”

Hardee County

ALSO LESS AND EXCEPT THE FOLLOWING: Commence at the Northwest corner of Section 3, Township 36 South, Range 23 East, thence South 89°32’30” East along the North line of said Section 3 a distance of 1,127.17 feet to the Point of Beginning; thence continuing along said North section line South 89°32’30” East a distance of 685.54 feet; thence South 3°35’21” West a distance of 418.29 feet; thence South 89°24’49” West a distance of 655.56 feet; thence North 0°30’24” West a distance of 429.68 feet to the Point of Beginning.

ALSO LESS AND EXCEPT THE FOLLOWING: Commence at the South quarter corner of Section 33, Township 35 South, Range 23 East, thence North 0°48’50” West a distance of 1,050.35 feet to the Point of Beginning; thence South 89°37’21” West a distance of 790.11 feet;

thence North 01°17’44” East a distance of 566.26 feet; thence North 89°54’30” East a distance of 787.47 feet; thence South 1°02’15” West a distance of 562.26 feet to the Point of Beginning.

ALSO LESS AND EXCEPT THE FOLLOWING: Commence at the Southeast corner of Section 32, Township 35 South, Range 23 East, thence North 89°22’58” West along the South line of said Section a distance of 3,446.59 feet; thence departing said South line North 0°00’00” East a distance of 120.43 feet to the Point of Beginning; thence North 1°42’19” West a distance of

510.94 feet; thence North 88°57’06” East a distance of 443.33 feet; thence South 1°39’20” East a distance of 507.58 feet; thence South 88°31’00” West a distance of 442.86 feet to the Point of Beginning.

Hardee County

ALSO LESS AND EXCEPT any part lying in the North half of Section 32, Township 35 South, Range 23 East, Hardee County, Florida.

ALSO LESS AND EXCEPT THE FOLLOWING: Commence at the Northeast corner of Section 5, Township 36 South, Range 23 East, thence North 89°22’58” West along the North line of said Section a distance of 1,179.2 feet; thence departing said North line South 0°00’00” West a distance of 26.13 feet to the Point of Beginning; thence South 9°48’40” East a distance of 540.18 feet; thence South 81°17’28” West a distance of 413.99 feet; thence North 9°22’57” West a distance of 535.88 feet; thence North 80°41’56” East a distance of 409.92 feet to the Point of Beginning.

ALSO LESS AND EXCEPT THE FOLLOWING: Commence at the Northeast corner of Section 5, Township 36 South, Range 23 East, thence along the East line of said Section South 0°13’00” East a distance of 822.44 feet; thence departing said East line South 90°00’00” West a distance of 609.99 feet to the Point of Beginning; thence South 7°22’33” East a distance of 678.71 feet;

thence South 68°22’40” West a distance of 675.5 feet; thence North 6°59’36” West a distance of

856.43 feet; thence North 83°38’10” East a distance of 649.11 feet to the Point of Beginning.

ALSO LESS AND EXCEPT THE FOLLOWING: Commence at the Northeast corner of Section 5, Township 36 South, Range 23 East, thence along the East line of said Section South 0°13’00” East a distance of 2,971.04 feet; thence departing said East line South 90°00’00” West a distance of 351.84 feet to the Point of Beginning; thence South 37°29’55” West a distance of 311.27 feet;

thence South 76°04’32” West a distance of 776.58 feet; thence South 18°29’27” West a distance of 658.12 feet; thence North 70°17’58” West a distance of 484.81 feet; thence South 77°04’38” West a distance of 11.61 feet; thence North 41°50’17” East a distance of 841.13 feet; thence North 64°17’36” East a distance of 960.51 feet; thence South 52°53’44” East a distance of

242.27 feet to the Point of Beginning.

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

BSM APPROVED

By: J.A. Date: _____ 03/27/2024

State of Florida Department of Environmental Protection

Phase I Combination Baseline Documentation/Environmental Site Assessment Services Exhibit G

REQUIREMENTS FOR PERFORMING 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 of Trustees), the Department of Environmental Protection (DEP) will solicit and select contractor(s) to perform a combined Phase 1 Environmental Site Assessment and Baseline Documentation Study. The results should be provided in two (2) separate reports by the selected 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 selected contractor shall:

1. Provide certification of the environmental assessment/documentation report to the Board of Trustees and any parties requested by DSL. If the report is not certified to the Board of Trustees 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 of Trustees is entitled to rely on the information set forth in the environmental assessment/documentation report.

2. 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.

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.

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

Contract No. PL524 47 of 62

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. 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 CIRCLIS list; Federal RCRA TSD 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 CERCLIS list – 0.5 mile

c. Federal RCRA TSD 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

10. 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 ensures uniform coverage so that all of the Property is viewed. The Property may be

Contract No. PL524 48 of 62 inspected by use of a helicopter, plane, or drone. 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 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.

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 one (1) certified digital copy shall be delivered to DSL. One (1) copy of the Baseline Documentation Report shall be provided to the landowner and one (1) digital copy shall be delivered to DSL. A digital copy of each report including maps shall be provided to DSL on a compact disk (CD), USB drive, etc. 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 both FLUCCS and FNAI, Florida Fish and Wildlife Conservation Commission’s Florida Cooperative Land Cover Map data and FNAI) present on the site, along with the estimated acreage of each habitat tract. Habitat acreages will be computed and provided in a table on the map or a separate table 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

Contract No. PL524 49 of 62 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, culverts, cattle ponds, 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. Indexed color photographs of all man-made improvements such as residences, farm buildings, storage tanks, signs, dikes/dams, canals/ditches, roads, bridges, culverts, cattle ponds, 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)

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.

Include copies of applicable best management practices in an appendix. These recommendations should be included as an appendix and clearly marked as non-binding unless specifically required by the terms of the easement.

13. Review of draft conservation easement deed to ensure all items discussed in the deed are addressed within the baseline documentation report. Include a copy of the draft deed within an appendix.

14. 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

(ESA).

15. All updates of the original report must include a field inspection of the site and surrounding vicinity and recertification. If the field inspection reveals any changes in the Property that may

Contract No. PL524 50 of 62 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 Request for Quote to its Combination Baseline Documentation/Environmental Site Assessment or Baseline Documentation Report Contractor(s) 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 Request for Quotes prepared by the Contractor(s) must be submitted to the Department on or before the date and time set specified in order to be considered for Task Assignment award.

Contract No. PL524 51 of 62

Phase I Environmental Site Assessment Services Exhibit H

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 Contract No. PL524 52 of 62 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

Contract No. PL524 53 of 62

Contractor’s Itemized Checklist Exhibit I

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.

Contract No. PL524 54 of 62

Phase I Environmental Site Assessment Services for Forestland or Rural Property

EXHIBIT J

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

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 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.

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 DSL immediately if any substantial problems are discovered at any point during the Phase I ESA that impact the Subject Property.

Contract No. PL524 55 of 62

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.

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 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) used to collect data.

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.

Contract No. PL524 56 of 62

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 3900 Commonwealth Boulevard, Mail Station 140

Contract No. PL524 57 of 62

Baseline Documentation Reports Exhibit K

REQUIREMENTS FOR PERFORMING BASELINE DOCUMENTATION REPORTS FOR

LESS THAN FEE SIMPLE LAND ACQUISITIONS (BDR)

For less-than-fee-simple land easement or other less-than-fee-simple

Scope of Services

-site presence of listed species, unique features, and assessment -site species occurrences n

Contract No. PL524 58 of 62 plant species and

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Reporting Requirements ural, Contract No. PL524 59 of 62

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Contract No. PL524 60 of 62

Phase II Environmental Site Assessment Services Exhibit L

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;

Contract No. PL524 61 of 62 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:

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

Contract No. PL524 62 of 62

From: Thomas, Charlotte To: Parker, James Cc: Snyder, Steve; Morgan, Katie; Agoglossakis, Kalli; Lysenko, Torrie; Reichert, Shauna Subject: RE: FDEP DSL Project Deer Creek Ranch - Hardee County Date: Wednesday, June 26, 2024 4:09:26 PM

EXTERNAL MESSAGE

This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email.

Good afternoon James, Our mileage cost for this project would be $280.25 – this accounts for one day of field work for our ESA assessor and two days of field work for our wetlands assessor. With our standard $25/person/day cost for field work, we would add another $75 for per diem for this project.

Additional two AUL/Lien searches comes to $170 ($85 per parcel).

Total additional costs come to $525.25. If you have any questions or need additional information prior to sending out the TA, please let us know.

We sincerely appreciate the opportunity to assist, thank you!

Charlotte Thomas Project Manager – Environmental Group

300 Avenue of the Champions, Suite 160 Palm Beach Gardens, Florida 33418 M: (561) 531-3925

PARTNER ENGINEERING AND SCIENCE, INC. | www.partneresi.com

Building Assessments & Engineering | Construction Risk Management | Energy, Sustainability & ESG+R | Environmental Consulting | Environmental Health & Safety | Geotechnical Services | Land Surveying & Zoning | Site Civil Engineering

More than just assessments – solutions.

From: Snyder, Steve <ssnyder@partneresi.com> Sent: Wednesday, June 26, 2024 3:23 PM To: Parker, James <James.Parker@FloridaDEP.gov> Cc: Thomas, Charlotte <cthomas@partneresi.com> Subject: RE: FDEP DSL Project Deer Creek Ranch - Hardee County

Good afternoon James, Confirming receipt of your message below and the Shapefiles in your subsequent message. Yes, we are very much interested and appreciate your consideration. I will discuss the project with my team and circle back with a price confirmation.

Thanks.

Steven A. Snyder Senior Project Manager - Environmental Solutions Group 300 Avenue of the Champions, Suite 160, Palm Beach Gardens, Florida 33418 T: (561) 627-1810 | M: (561) 420-9869

PARTNER ENGINEERING AND SCIENCE, INC. | www.partneresi.com

Building Assessments & Engineering | Construction Risk Management | Energy, Sustainability & ESG+R | Environmental Consulting | Environmental Health & Safety | Geotechnical Services | Land Surveying & Zoning | Site Civil Engineering

More than just assessments – solutions.

From: Parker, James <James.Parker@FloridaDEP.gov> Sent: Wednesday, June 26, 2024 3:08 PM To: Snyder, Steve <ssnyder@partneresi.com>; Thomas, Charlotte <cthomas@partneresi.com> Subject: FDEP DSL Project Deer Creek Ranch - Hardee County

CAUTION: This message originated from outside the Partner organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Steve, If interested in doing the work, DSL is in the process of acquiring a conservation easement on the attached property located in Hardee County and need to conduct an ESA/BDR. I’ll send shapefiles once I receive them. As we normally do, please provide an estimate on travel costs for reimbursement (mileage, per diem, lodging). Additionally, the property consists of 3 parcels.

Therefore, provide the cost of an additional 2 AUL/lien searches. These items will be added to your contract rate of $4.48 per/acre. Let me know availability and I’ll start drafting up the TA. Let me know if you have any questions.

Thanks, James Parker Government Operations Consultant III Office of Environmental Services, Division of State Lands Florida Department of Environmental Protection 3800 Commonwealth Boulevard, MS 140 Tallahassee, FL 32399-3000 850-245-3045 (Office) 850-245-2572 (Fax)

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? N/A (a conservation easement is being acquired on this 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 ______ DSL Contract Manager __ Name (Authorized User Representative) Title

_________________________________ June 27, 2024_____ Signature Date

RE:

Project: Myakka Ranchlands Property Owner: Quail Creek Farms Task Assignment No.: PL524.003