Fort Walton Beach Council agenda — 06-26-12 regular — reading text

d m D. 62- 785.700( 17)) No comment required. Post Active Remediation Monitoring Within 60 days of sample collection. PARM) Report Levelin Off Determination Within 60 tla s of sample collection. Within 60 days of recei t. Within 60 days of receipt. Post Active Remediation Monitoring Within 60 days of sample collection. PARM) Plan resampling proposal Rule 62- 785. 750 4 e , F. A. C. Site Rehabilitation Completion Within 60 tlays of the final sampling event. If Within 60 tlays of receipt. If the SRCR not approved then submit brownfield site meets the Report ( SRCR) modifications, etc. within 60 days of requirements of Chapter 62 -785, Department' s response. F. A. C. for the issuance of a SRCO, a SRCO will be issued. Within 60 days of receipt Pilot Study Work Plan When seeking approval before implementation of a Pilot Study pursuant to Rule 62- 785.700( 2), F. A.C. No comment required. Notices for Field Activities except Within seven ( 7) days but not less than 24 for Start of Interim Source Removal hours prior notice to the Department to or Emergency Response Action perform field activity. situations. Submittal to the Department of Within 60 days of receipt of the Department' s Within the same time frame for review of the original submittal. addenda, responses, or response. modification to plans or reports, pursuant to Chapter 62 -785, F. A.C. Submittal of Form and Actual See text of rule for " Initial Notice of No comment required. Notice required in subsection Contamination Beyond Property Boundaries" 62- 785. 220( 2), F. A.C. in subsection 62- 785. 220( 2), F. A.C. Submittal of Actual and See text of rule for " Subsequent Notice of No comment required. Constructive Notice required in Contamination Beyond Source Property subsection 62- 785.220( 3), F. A. C. Boundaries for Establishment of a Temporary Point of Compliance (TPOC)" in subsection 62- 785. 220( 3), F. A.C. ubmttal f proof of Constructive When seeking an SRCO with conditions, the No comment required. 01F Notice required in subsection 62- 785. 68'0( 8) A.C. PRFBSR must provide constructive notice of the Department' s intent to approve a no Further Action Proposal with controls. Page iv of xv  Se leuld : 3uawgaeAy gllm juewagjBV uogejlggegaa plagumoJS : 0980 MS ReMMJed du1S alaejIW SZ - " a ATTACHMENT C - - SITE ACCESS AGREEMENT s aUN Page v of xv  gl!m luamaar6V uopel!Ilgegakl plallumoug : OSSt) MS RemSred d1j1S aloealW SZ' VNSS leml l : luawgaelly r a NO SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BROWNFIELDS REDEVELOPMENT PROGRAM a Ym a I . The City of Fort Walton Beach, the real property owner (" undersigned" or " owner"), hereby gives permission to the State of Florida, Department of Environmental Protection ( "Department ") and its agents and subcontractors to enter the undersigned' s property ( "the property") located at 25 Miracle Strip Parkway, SW, Fort Walton Beach, Florida as described in Attachment A attached to the BSRA for the brownfield site assigned the Brownfield Site Identification Number BF661101000, beginning on the date of execution of the BSRA and ending on such date as deemed appropriate by the Department or the successful completion of the BSRA, whichever occurs first. 2. This permission is contemplated to be used for the following activities that may be performed by the Department, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist. b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by the Department and the like. C. Removal, treatment and/ or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3. Upon completion of the investigation, the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned' s successors and assigns for any contamination discovered on the property. 5. The Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6. The Department acknowledges and accepts its responsibility for damages caused by the acts of its employees acting within the scope of their employment while on the property. 7. The Department acknowledges and accepts any responsibility it may have under applicable law ( Section 768. 28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. 8. In exercising its access privileges, the Department will take reasonable steps not to interfere with the Owner' s operations, or the remediation and redevelopment activities pursuant to the BSRA. Signature of Real Property Owner Date Page vi of xv  luawyoeRV r 411M 1UBW38JBV uollel!IlgeyaN PIDIIUMOA9 : 098t) MS APHO red dulS 31DUAW SZ - VNS9 leuld : t°w Site Access Agreement aO1 Brownfield Site ID #:661101001 v u June 1, 2012 Page _ 1_ of _2_ aw Accepted by the Department by the following authorized agent: Signature of Department representative Page vii of xv 05/ 05/ 2011 Revised BSRA Model q; px; uawaojBV uope; lllgeyay plagUMOAS : O990 MS AemVed du78 aloenW SZ- VUSS leuH quawgoeuv N a ATTACHMENT D - - CERTIFICATION OF REDEVELOPMENT AGREEMENT YN a Page viii of xv 05/ 05/ 2011 Revised BSRA Model  SS leuld : lu8w43el} tl a, Lill m luawaojBV uogeNllge4ab plat ;umoie : ogal,) MS RemHJed dPls aloenW SZ - " a CERTIFICATION OF REDEVELOPMENT AGREEMENT Y ua a The City of Fort Walton Beach certifies it is the owner of the property subject to this BSRA and desires to see the property through the entire redevelopment process until the site is returned to a productive use. The City has been preliminarily speaking with restaurants regarding required site parameters to see what may fit. Redevelopment of the site would best be marketed as a location for small scale retail establishment or restaurant given it's location, size, and current zoning as commercial. The City of Fort Walton Beach and the PRFBSR are the same entity. Page ix of xv 05/05/2011 Revised BSRA Model 41!x^ luawaajBV uolRE1111geyaa Plagumolg : 0990 MS RemMled du1S 013e11W SZ - VUSH leuld :ivawyoelltl a Y ATTACHMENT E -- CONTRACTOR CERTIFICATION FORM aW Page x