CN-370000-PL525-T3.pdf
PDF 5 MB Posted
- Contract number
- PL525
- Issued by
- Florida
About this file
This is a Task Assignment Notification Form from the Florida Department of Environmental Protection (DEP), Division of State Lands, for a Phase I Environmental Site Assessment (ESA) and Baseline Documentation Report (BDR) project. The contract is with WSP USA Environment & Infrastructure, Inc. for the Heartland Wildlife Corridor conservation easement located in Highlands County, Florida. The property owner is Dark Hammock Legacy Ranch, LLC, and the project involves a 1,976.7-acre parcel.
The task involves conducting a comprehensive environmental assessment at a rate of $3.80 per acre, totaling $7,508.80 for the base contract rate. Additional costs include $562.00 for cost reimbursement, bringing the total task assignment value to $8,070.46. The contractor will perform a Phase I ESA and Baseline Documentation Report following Division of State Lands standards and the American Society of Testing and Materials (ASTM) guidelines. The draft products are due by August 16, 2024, with the contractor required to identify environmental conditions, natural resources, and potential contamination risks through detailed research, interviews, and site inspections.
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| File | Type | Posted |
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| CN-370000-CN212-T13.pdf | ||
| CN-370000-PL525-T1CO1.pdf | ||
| CN-370000-PL525-T2.pdf | ||
| CN-370000-PL525.pdf | ||
| ContractBudgetExport.csv | CSV file | |
| CN-370000-PL525-T1.pdf |
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TASK ASSIGNMENT NOTIFICATION FORM
DEP CONTRACT NO. PL525
Task Assignment Number: PL525.003 BLA File Number: 328835 Date: June 19, 2024
Project Name: Heartland Wildlife Corridor County: Highlands Owner’s Name/Parcel #: Dark Hammock Legacy Ranch, LLC Acres: 1,976.7 Parcel ID: C-20-36-28-A00-0010-0000
Contractor: WSP USA Environment & Infrastructure, Inc. FEID No: 91-1641772 Contractor Contract Manager: Geoff Schaefer Phone Number: 850-298-7707
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 provided in Exhibit “C.” In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) 2247 standard for conducting Phase I ESAs on forestland or rural property. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements (ASTM scope and limitations will be provided to the Contractor upon request). The signatory on the report must be an “environmental professional”, as that term is defined by ASTM.
Property Owner / Representative contact information:
The User Questionnaire is completed and attached. For property access and questions about the property, contact the sellers representative Keith Fountain at 407-402-7091 or keith@keithfountainlaw.com.
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 $7,508.80 (1,976 acres x $3.80/acre) Additional Lien Searches $ 0.00 Cost Reimbursement $ 562.00 Total Task Assignment Value $ 8,070.46
WSP Environment & Infrastructure, 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 FF10606 50223 23 $ 8,070.46
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.
Heartland Wildlife Corridor Dark Hammock Legacy Ranch, LLC Highlands County
Exhibit “A”
LESS AND EXCEPT the following: Commence at the Southwest corner of Section 29, Township 36 South, Range 28 East, thence North 00°31’01” East along the West line of said Section 29 a distance of 2,611.80 feet; thence departing said section line South 89°03’01” East a distance of 1,251.01 to the Point of Beginning; thence North 03°33’19” West a distance of 1,542.27 feet; thence South 88°59’01” East a distance of 956.96 feet; thence North 04°24’24” East a distance of 173.12 feet; thence North 87°54’35” East a distance of 191.31 feet; thence South 03°12’53” West a distance of 295.51 feet; thence South 08°39’52” West a distance of
112.78 feet; thence South 73°28’54” East a distance of 543.32 feet; thence South 06°59’57” West a distance of 1,173.00 feet; thence North 89°03’01” West a distance of 1,410.26 feet to the Point of Beginning.
Heartland Wildlife Corridor Dark Hammock Legacy Ranch, LLC Highlands County
LESS AND EXCEPT the following: Commence at the Northwest corner of Section 27, Township 36 South, Range 28 East, thence South 01°37’09” West along the West line of said Section 27 a distance of 1,344.00 feet; thence departing said section line South 89°21’12” East a distance of 212.39 feet to the Point of Beginning; thence South 89°21’08” East a distance of
375.00 feet; thence South 01°07’29” West a distance of 560.00 feet; thence North 89°21’13” West a distance of 375.00 feet; thence North 01°07’29” East a distance of 560 feet to the Point of Beginning.
LESS AND EXCEPT the following: Commence at the Southwest corner of Section 21, Township 36 South, Range 28 East, thence South 89°24’08” East along the South line of said Section 21 a distance of 1,937.03 feet; thence departing said section line North 01°20’12” East a distance of 305.13 feet to the Point of Beginning; thence continue North 01°20’12” East a distance of 378.03 feet; thence South 89°50’51” East a distance of 575.41 feet; thence South 01°13’13” West a distance of 377.24 feet; thence North 89°55’29” West a distance of 576.19 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: _____ 01/05/2024
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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 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. PL525 58 of 62 plant species and
Man-
Reporting Requirements ural, Contract No. PL525 59 of 62
-made impro found d
- ne) discussed in the deed are
Contract No. PL525 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. PL525 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. PL525 62 of 62
From: Mcmorrow, Shannon To: Schaefer, Geoffrey; Parker, James Subject: RE: DSL ESA/BDR Project (Highlands County) Date: Friday, June 14, 2024 2:41:26 PM Attachments: image001.png image002.jpg
EXTERNAL MESSAGE
This email originated outside of DEP. Please use caution when opening attachments, clicking links, or responding to this email.
Hi James, Yes we can complete this ESA/BDR for this site in Highlands County.
Please see the below estimated travel expenses. Let me know if you need me to edit anything.
Thank you for the opportunity.
Have a great weekend.
Dark Hammock- Heartland Wildlife Corridor Item calculations Price
Contract Rate Cost for Ph 1 ESA & BDR (includes EDR cost for Database Report, Historic Aerials and Topos, Wells Report) for 1,976.7 acre site 1976.7 acres $ 3.80 $ 7,511.46
Lien Search/AUL (EDR) $ -
10% markup, Lien Search/AUL $ -
Travel Cost (2 field days, 2 staff)
Mileage (188 miles each way, plus onsite) 400 miles $ 0.445 $ 178.00 Lodging (2 people, 1 night each) 2 night $120.00 $ 240.00 Per diem (2 people, 2 day each) 4 day $ 36.00 $ 144.00
Total $ 8,073.46
Shannon McMorrow Assistant Vice President Professional Wetland Scientist She/her
M+ 1 352-284-7094
WSP USA
3701 NW 98th Street
Gainesville, FL 32606 wsp.com
From: Schaefer, Geoffrey <geoff.schaefer@wsp.com> Sent: Thursday, June 13, 2024 3:02 PM To: Parker, James <James.Parker@FloridaDEP.gov> Cc: Mcmorrow, Shannon <shannon.mcmorrow@wsp.com> Subject: RE: DSL ESA/BDR Project (Highlands County)
James, let us check our resource availability. We will get back to you shortly.
v/r, Geoffrey Schaefer, PE Assistant Vice President, Project Management
D +1 850-629-3059 M +1 850-591-9249
From: Parker, James <James.Parker@FloridaDEP.gov> Sent: Thursday, June 13, 2024 1:13 PM To: Schaefer, Geoffrey <geoff.schaefer@wsp.com> Subject: DSL ESA/BDR Project (Highlands County)
Good afternoon Geoff, DSL is pursuing a conservation easement in Highlands County. The property is approximately 1,976.7 acres. Is WSP available to complete this ESA/BDR project? Property consists of one parcel so no need for additional AUL/lien costs. I would need you to provide me with estimated travel costs for reimbursement to include in addition to the contract rate of $3.80/acre. Please let me know availability and I’ll begin drafting a TA.
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)
NOTICE: This communication and any attachments ("this message") may contain information which is privileged, confidential, proprietary or otherwise subject to restricted disclosure under applicable law. This message is for the sole use of the intended recipient(s). Any unauthorized use, disclosure, viewing, copying, alteration, dissemination or distribution of, or reliance on, this message is strictly prohibited. If you have received this message in error, or you are not an authorized or intended recipient, please notify the sender immediately by replying to this message, delete this message and all copies from your e-mail system and destroy any printed copies.
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X3. USER QUESTIONNAIRE
(1) Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25).
Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? No, DSL looks to the ESA consultant to provide us with this information.
(2) Activity and land use limitations that are in place on the site or that have been filed or recorded in a registry
(40 CFR 312.26).
Are you aware of any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? 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 19, 2024_____ Signature Date
RE:
Project: Heartland Wildlife Corridor Property Owner: Dark Hammock Legacy Ranch, LLC Task Assignment No.: PL525.003
File details come from the government source that posted it. Updated .