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HomeMy WebLinkAboutBack-Up DocumentsREVISED SITE ACCESS AGREEMENT This Revised Site Access Agreement ("Agreement") is executed on , 2023, by the City of Miami, a Florida municipal corporation (the "City"), and Community Developers, Ltd. ("CDL"), a Florida limited partnership, collectively referred to herein as the "Parties." RECITALS A. For the reasons stated below, the City desires access to property owned by CDL. B. CDL will provide such access pursuant to the terms set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, it is hereby agreed as follows: CDL is the owner of the parcel of land identified by folio number 01-4120-004-0260 and consisting of 5.11 acres and containing multiple residential properties with addresses of 3825 to 3897 Charles Terrace, 3505 to 3929 Jefferson Street, and 3830 to 3856 Thomas Avenue, Miami, Florida as well as the private roadways within the parcel of land, including the roadway between Thomas Avenue and Charles Terrace ("Brooker Street") and the roadway traveling east from Jefferson Street ("William Avenue), together known as the "Subject Property." 2. Miami -Dade County ("MDC") Department of Regulatory and Economic Resources — Division of Environmental Resources Management ("DERM") issued correspondence to the City on May 24, 2021, setting forth certain contamination assessment and remediation requirements to be conducted at the Subject Property (the "DERM Letter #1"). The City's environmental consultant, Cherokee Enterprises, Inc. ("CEI") prepared a work plan, dated July 9, 2021 (the "CEI Work Plan"), to implement the requirements in the DERM Letter #1. The DERM Letter #1 and CEI Work Plan (collectively, the "DERM Scope of Work") are enclosed as Composite Exhibit A and made a part hereof. 3. As part of the DERM Scope of Work, a Site Assessment Report Addendum ("SARA") dated January 5, 2022, was completed by CEI and submitted to DERM for review. Upon review of the SARA, DERM issued correspondence to the City on January 25, 2022 (the "DERM Letter #2"), concurring with the report conclusions that "additional source removal, confirmation sampling and if applicable additional delineation is required." Further, DERM concluded that additional assessment of benzo(a)pyrene ("BAP") is necessary to determine the likely source of the BAP equivalents impacts. DERM requested that a Source Removal Plan be prepared and submitted to address soils with dioxin concentrations above the direct exposure residential soil cleanup target levels ("SCTL") pursuant to Section 24-44(2) of MDC Code. The DERM letter #2 is enclosed as Exhibit B and made a part hereof. {oo057113.Docx. i } Page 1 of 4 4. A SARA and Source Removal Plan, dated June 15, 2022, was prepared by CEI to address DERM comments in DERM Letter #2. The SARA and Source Removal Plan is also enclosed in Exhibit B. Once approved by DERM, the SARA and Source Removal Plan will be incorporated as part of the DERM Scope of Work. 5. CDL hereby grants the City, CEI, and their respective employees, agents, and subcontractors (collectively, the "Accessing Parties") access to the Subject Property for the purposes of implementing the DERM Scope of Work; provided, however, that the Accessing Parties may only conduct any such work that has been previously approved by DERM. 6. As the DERM Scope of Work is conducted by or on behalf of the City, the Accessing Parties will restore the Subject Property as near as practicable to its condition immediately prior to the commencement of such work. The Assessing Parties shall ensure that soil cuttings, any work materials, and groundwater generated shall be disposed of in accordance with applicable environmental laws. All soil cuttings, waste materials and development water generated shall be promptly removed from the Subject Property. 7. The granting of this permission by CDL is not intended, nor should it be construed, as release or settlement of claims against the City for any contamination discovered on or adjacent to the Subject Property, all such claims being expressly reserved by CDL. 8. The acceptance of this permission by the City is not intended, nor should it be construed, as an admission by the City of any liability to CDL for any contamination discovered on or adjacent to the Subject Property, or liability for any other claims whatsoever. 9. The Accessing Parties may enter the Subject Property from 8 a.m. to 6 p.m. Monday through Friday while this Agreement is in effect; provided, however, that the Accessing Parties give no less than three (3) business days prior written notice to CDL of their intention to do so, the purpose of the visit, and the dates and times that such Accessing Parties will be on the Subject Property. The Accessing Parties shall also provide the names of all individuals that will be entering the Subject Property on any given to day to perform work. 10. The City acknowledges and accepts its responsibility for damages caused by the acts of the Accessing Parties while on the Subject Property and agrees to indemnify CDL in connection with any claims or damages incurred by CDL arising out of such acts. 11. The term of this Agreement shall be for six (6) months unless extended in writing by the Parties. Either Party may terminate this Agreement at will upon one (1) week written notice. Such notice may be made by email, U.S. Mail, overnight mail or hand delivery as follows: If to the City to: City of Miami Arthur Noriega, V, City Manager 100057113.Docx. i } Page 2 of 4 with a copy to If to CDL to: Office of the City Manager 444 SW 2nd Avenue, 101h Floor Miami, FL 33130 anoriega&n iamigov.com City of Miami Hector Badia, Interim Director Capital Improvements and Transportation Program 444 SW 2nd Avenue, 51h Floor Miami, FL 33130 hbadiaknm amigov.com Victoria Mendez, Esq., City Attorney Office of the City Attorney 444 SW 2nd Avenue, 91h Floor Miami, FL 33130 VMendez&rniamigov. com Brandon L. Fernandez, Esq., Assistant City Attorney Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 bfernandez nmiamigov. com Mr. William R. Wiseheart Community Developers, Ltd. 2840 SW Third Avenue, Suite 200 Miami, Florida 33129 wwiseheart&rs cco.net with a copy to: AL Michael R. Goldstein, Esq. The Goldstein Environmental Law Firm, P.A. 2100 Ponce de Leon Blvd., Suite 710 Coral Gables, FL 33134 mg oldstein&goldsteinenvlaw. com 100057113.Docx. i } Page 3 of 4 IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. ATTEST: I:t•& Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: BY: Victoria Mendez City Attorney COMMUNITY DEVELOPERS, LTD., a Florida limited partnership By: Print: Title: Date: THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA I:11•4 Arthur Noriega City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY: Ann -Marie Sharpe Director of Risk Management {00057113.Docx. 1 ) Page 4 of 4 January 22, 2020 Mr. Emilio Gonzalez, City Manager City of Miami 444 SW 2nd Avenue Miami, FL 33130 Mr. William R. Wiseheart Community Developers LTD Rental Service Company 2840 SW 31d Avenue, Suite 200 Miami, FL 33129 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov CERTIFIED MAIL NO. 70190700000094249521 RETURN RECEIPT REQUESTED CERTIFIED MAIL NO.70190700000094249538 RETURN RECEIPT REQUESTED Re: Limited Site Assessment Report (LSAR) dated December 12, 2019 and Source Removal Plan dated January 16, 2020 prepared by Cherokee Enterprises Inc., on behalf of the City of Miami to address contaminated soils located at, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT- 3786/HWR-768) Miami -Dade County Florida. Dear Mr. Gonzalez and Wiseheart: The Miami -Dade County Department of Regulatory and Economic Resources' Division of Environmental Resources Management (DERM) had reviewed the referenced reports received on December 13, 2019, and January 16, 2020, respectively. The following comments are provided in response to the referenced documents. Area 1 Based on the LSAR, solid waste has not been horizontally delineated to the east. The easternmost soil boring SB-P documents solid waste to a depth of 3 feet below land surface (bls). Therefore, the proposed source removal (to 3 feet) shall be extended to the east to encompass soils boring SB-P. The eastern sidewalls of the source removal excavation shall be visually inspected for evidence of solid waste, if solid waste is documented then source removal activities shall continue to the point of solid waste delineation. A confirmatory sample shall be obtained at the 0-1 and 1-2 foot interval of the eastern side wall of the excavation and the sample analyzed for lead, PAH's and dioxin. 2. Provide a rational for not analyzing soils from Area 1 for PAH's 3. Based on the concentration of lead reported for soil borings SB-I and SB-J, the soils from the 0-1 foot interval at these locations shall be analyzed for lead using the Toxicity Characteristic Leaching Procedure (TCLP) to determine if these soils contain RCRA hazardous levels of lead. If the soils are determined to be hazardous, these soils shall be segregated, manifested as hazardous and appropriately disposed a;t-A Nizardows waste laddfill. r Messrs. Wiseheart and Goldstein Re: 3825 Charles Terrace Contaminated Soils January 22, 2020 2of2 Area 2 4. Discuss how the contaminated soils within the lattice of the surficial tree roots will be address. Specifically, whether these soils be removed using special removal techniques (air knifing, etc.,) or will be covered with a mound of 2 feet of clean fill. 5. Given that the extent of the solid waste layer is not delineated south of SB-S and SB-R, the southern wall of the source removal excavation shall be visually inspected for the presence of solid waste. If solid waste is documented along the southern sidewall, then source removal activities shall be extended to the point of solid waste delineation and a confirmatory sample shall be obtained at the 0-1 and the 1-2 foot interval of the side wall of the excavation and the sample analyzed for dioxin and PAH's. Area 3 6. Solid waste was documented at the 0-1 foot and the 1-2 feet interval of soil boring SB-AA; therefore, the proposed source removal excavation shall be extended to include SB-AA and beyond (as applicable) to the point of solid waste delineation. A confirmation sample shall be obtained from the southern side wall of the excavation and the sample analyzed for dioxin at the 0-6 and 6-24 inch interval for dioxin 7. Based on the dioxin concentrations reported at the 0-1 and 1-2 foot interval of right of way (ROW) soil borings SB-D and SB-F and the solid waste documented at soil boring SB-E, install a soil boring south of SB-D and SB-F, within the front yard of the residence and sample and analyze soils from the 0-6 and 6-24 inch interval for dioxin. Additionally, the soils shall be visually inspected for the presence of solid waste. Based on the results, additional source removal and confirmatory sampling may be required. Area 5 8. Based on the dioxin concentrations reported at the 0-6 foot interval of ROW soil borings SB- DD and SB-CC install a soil boring south of above mentioned soil borings, within the front yard of the residence and sample and analyze soils from the 0-6 and 6-24 (if necessary for vertical delineation) inch interval for dioxin. Based on the results, additional source removal and confirmatory sampling may be required. Area 6 9. The data provided in the referenced LSAR indicates contaminated soils in the vicinity of SB- 3/former SB-CDC-6) is not delineated. Specifically, the dioxin concentration in the 0-6 inch and the 6-24 inch intervals of SB-7, SB-8 and SB-10 and the 0-6 inch interval of soil boring SB-9 exceeds the residential soil cleanup target level provided in Section 24-44 of the Code of Miami -Dade County. Additionally, the concentration of BaPE at the 6-24 inch interval of SB-7, SB-8 and SB-9 also exceeds the RSCTL. Therefore, additional assessment is required to delineate the soil contamination and to define the source removal extent. Messrs. Wiseheart and Goldstein Re: 3825 Charles Terrace Contaminated Soils January 22, 2020 2 of 2 Area 2 4. Discuss how the contaminated soils within the lattice of the surficial tree roots will be address. Specifically, whether these soils be removed using special removal techniques (air knifing, etc.,) or will be covered with a mound of 2 feet of clean fill. 5. Given that the extent of the solid waste layer is not delineated south of SB-S and SB-R, the southern wall of the source removal excavation shall be visually inspected for the presence of solid waste. If solid waste is documented along the southern sidewall, then source removal activities shall be extended to the point of solid waste delineation and a confirmatory sample shall be obtained at the 0-1 and the 1-2 foot interval of the side wall of the excavation and the sample analyzed for dioxin and PAH's. Area 3 6. Solid waste was documented at the 0-1 foot and the 1-2 feet interval of soil boring SB-AA; therefore, the proposed source removal excavation shall be extended to include SB-AA and beyond (as applicable) to the point of solid waste delineation. A confirmation sample shall be obtained from the southern side wall of the excavation and the sample analyzed for dioxin at the 0-6 and 6-24 inch interval for dioxin 7: Based on the dioxin concentrations reported at the 0-1 and 1-2 foot interval of right of way (ROW) soil borings SB-D and SB-F and the solid waste documented at soil boring SB-E, install a soil boring south of SB-D and SB-F, within the front yard of the residence and sample and analyze soils from the 0-6 and 6-24 inch interval for dioxin. Additionally, the soils shall be visually inspected for the presence of solid waste. Based on the results, additional source removal and confirmatory sampling may be required. Area 5 8. Based on the dioxin concentrations reported at the 0-6 foot interval of ROW soil borings SB- DD and SB-CC install a soil boring south of above mentioned soil borings, within the front yard of the residence and sample and analyze soils from the 0-6 and 6-24 (if necessary for vertical delineation) inch interval for dioxin. Based on the results, additional source removal and confirmatory sampling may be required. Area 6 9. The data provided in the referenced LSAR indicates contaminated soils in the vicinity of SB- 3/former SB-CDC-6) is not delineated. Specifically, the dioxin concentration in the 0-6 inch and'the 6-24 inch intervals of SB-7, SB-8 and SB-10 and the 0-6 inch interval of soil boring SB-9 exceeds the residential soil cleanup target level provided in Section 24-44 of the Code of Miami -Dade County. Additionally, the concentration of BaPE at the 6-24 inch interval of SB-7, SB-8 and SB-9 also exceeds the RSCTL. Therefore, additional assessment is required to delineate the soil contamination and to define the source removal extent. Messrs. Wiseheart and Goldstein Re: 3825 Charles Terrace Contaminated Soils January 22, 2020 2 of 2 Based on the above, within ninety (90) days of receipt of this correspondence submit to this office for review a source removal report (SRR) that shall include the results of any additional assessment or confirmation/delineation samples requested above. The SRR shall provide manifest/truck tickets indicating the disposal location, and the volumes disposed. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. If you have any questions regarding this letter, please contact me via email mayorw(c),miamidade.gov or Lorna Bucknor (lorna.bucknor(a miamidade.gov) or via telephone at (305) 372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ec: Keith A. Ng, City of Miami — keithn miamigov.com Paula Sessions, CEI - psessions(a-)cherokeecorp.com Michael Goldstein, Goldstein Law — mgoldsteinnp, goldsteinenvlaw.com John Anderson, DERM Department of Regulatory and !Economic Resources �AM �'E Environmental Resources Management 701 NW 1 st Court, 4th FIoor Miami, Florida 33136-3912 T 30.5-372-6700 F 305-372-6982 Carlos A. Gimenez, Mayor miarnidade.g©v January 25, 2022 VIA ELECTRONIC MAIL: anoriega(a)miamigov.com A Paper Copy of This Correspondence Will Not Follow by Regular Mail. Arthur Noriega, City Manager City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Re: Site Assessment Report Addendum (SARA) dated January 5, 2022 prepared by Cherokee Enterprises Inc., on behalf of the City of Miami (the City) to address contaminated soils located at, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT-3786/HWR-768) Miami -Dade County Florida. Dear Mr. Noriega: The Miami -Dade County Department of Regulatory and Economic Resources' Division of Environmental Resources Management (DERM) had reviewed the referenced SARA received on January 5, 2022, and concurs that based on that assessment data submitted additional source removal, confirmation sampling and if applicable additional delineation is required. DERM offers the following comments in response to the submitted document. Based on the ubiquitous occurrence of contaminated soils at the referenced property; specifically, soils with dioxin concentrations above the direct exposure residential soil cleanup target level (SCTL) pursuant to Section 24-44(2) of the Miami -Dade County Code (the Code), DERM requires that a Source Removal Plan be submitted to allow all parties to work together to ensure a comprehensive approach to addressing the soil impacts. 2. Notwithstanding the lack of correlation between the occurrence of dioxin impacted soils and soils impacted by benzo(a)pyrene equivalents (BaPE), the available data is not adequate to support a conclusion that the distribution "...indicate localized non -point sources of BAP rather than impacts from the former incinerator." Therefore, additional assessment it required to ascertain the likely source of the BaPE impacts (e.g., step out sampling to determine concentration gradients). 3. The quality control sampling for the September 9, 2021, groundwater sampling event indicated that Per- and Polyflourinated Alkyl Substances (PFAS) was detected in the associated field blank. Therefore, to confirm the PFAS concentrations, newly installed monitoring wells MW-C6 and MW-C7 shall be resampled, and the groundwater samples analyzed for PFAS. Mr. Noriega Re: City of Miami Fire Training Facility (UT-3786/HWR-798) Offsite Contamination 3825 Charles Terrace January 25, 2022 Page 2 of 2 Based on the above, within thirty (30) days of receipt of this correspondence submit to this office for review and approval a source removal plan that addresses the contaminated soil at the referenced property. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. Technical Reports (assessment, remediation, etc.) should be submitted via email to DERMPCD(a-)miamidade.gov. For files too large for electronic transmittal, the public is requested to utilize Drop -Box or other equivalent FTP link. Please be advised that electronically submitted reports that require a Professional Engineer's (P.E.) or Professional Geologist's (P.G.) sign and seal shall be signed and sealed in accordance with the applicable portions of Chapter 471, Florida Statue (F.S.) and Rule 61G15, Florida Administrative Code (FAC) for P.E.s and in accordance with Chapter 492, F.S. and Rule 61 G16, FAC, for P.G.s If you have any questions regarding this letter, please contact me via email mayorwa-miamidade.gov or Lorna Bucknor (lorna.bucknor(a�miamidade.gov) or via telephone at (305) 372-6700. Sincerely, Ja." for Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ec: Keith A. Ng, City of Miami — keithng(a)miamigov.com Paula Sessions, CEI - psessions(a)cherokeecorp.com Michael Goldstein, Goldstein Law — mgoldstein(a�goldsteinenvlaw.com John Anderson, DERM MIAMI-DADE , Carlos A. Gimenez, Mayor February 28, 2018 CERTIFIED MAIL NO: 7017 0530 0000 6626 1129 RETURN RECEIPT REQUESTED Emilio Gonzalez, City Manager City of Miami 444 Southwest 2nd Avenue Miami, Florida 331300 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov Re: Soil Sampling Plan dated January 19, 2018 submitted by SCS Engineers to address the Dioxin Contaminated Soil located at, near, or in the vicinity of 3825 Charles Terrace Coconut Grove, (UT-3786/HWR-768) Miami -Dade County, Florida. Dear. Mr. Gonzalez: The Miarrii-Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) has reviewed the referenced plan received on January 19, 2018. The plan is to delineate dioxin soil impacts documented at the residential parcel located at the above address and to confirm dioxin concentration documented in soil at 3880 Charles Terrace. DERM hereby approves the referenced plan subject to the following modifications: 1. Step out samples shall be obtained at a maximum distance of 10 feet away, in each cardinal direction, from soil borings CDC-SB-8-S and CDC-SB-8-W and, if applicable, from soil borings DERM-SB-1/CDC-SB-6 and CDC-3. 2. In addition to the proposed soil samples to be obtained from the 0-6 inch, 6-24 inches samples shall also be obtained at every two feet thereafter to the water table. If solid waste is not observed below the 6-24 inches intervals then the samples obtained below this interval shall be archived pending the results from the 0-6 inch and the 6-24 inches intervals. If solid waste is observed at any interval below 0-6 inches, then the samples from that interval shall be submitted for dioxin analysis along as well as the other chemical of concern (RCRA Metals, PAH's, etc.) Within sixty days of receipt of this correspondence a report documenting the results of the soil assessment approved above, along with a corrective action plan that address any contaminated soil, shall be submitted to DERM for review and approval. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. Mr. Alfonso, Manager City of Miami UT-3786/HWR-768 February 28, 2018 Page 2 of 2 DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD(a),miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. For additional information contact Lorna Bucknor (lorna.bucknor(a)miamidade.gov) or Alicia Felipe (alicia.felipe(aDmiamidade.gov) from the Environmental Monitoring and Restoration Division 305-372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division ec: Keith Ng. City of Miami — keithng(cDmiamigov.com Harry James, City of Miami - hiamesQmiamigov.com Michael Goldstein, Goldstein Law - MGoldstein a.Goldsteinenvlaw.com Alicia Felipe, DERM M IAM t-DAADE Carlos A. Gimenez, Mayor April 26, 2017 Mr. William R. Wiseheart Community Developers LTD Rental Service Company 2840 SW 3`d Avenue, Suite 200 Miami, FL 33129 Mr. Michael R. Goldstein, Esq. Goldstein Environmental Law Firm 1 Southeast 3`d Avenue Miami, FL 33131 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov CERTIFIED MAIL # 7014 1200 0002 0825 4547 RETURN RECEIPT REQUESTED CERTIFIED MAIL # 7014 1200 0002 0825 4554 RETURN RECEIPT REQUESTED RE: Sampling Access Request for properties located at, near, or in the vicinity of 3825 Charles Terrace (Folio# 01-4120-004- 0260), Miami, Miami -Dade County, Florida. Dear. Messrs. Wiseheart and Goldstein: The Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) is conducting a study of the soil quality in the area and related to the City of Miami Fire Training Center /former City of Miami Incinerator facility (DERM UT-3786/File-9598), located at, near, or in the vicinity of 3425 Jefferson Street. Therefore, DERM is requesting access to collect soil samples at the referenced properties located at 3825 Charles Terrace. Please see the attached map with the proposed sample locations. Sampling will be conducted to ensure minimal impacts to your lawn (upper 6 inches of soil collected via hand auger). Upon completion of the sample collection, DERM staff will backfill the holes (approximately 3 inches in diameter) with removed soil and, if necessary, additional clean soil to restore the area to the original condition. In accordance with the law, the utility companies will be requested to mark the locations of any utility lines (water, telephone, cable lines, etc.) from the street up to the property boundary prior to sampling at your site. While we have requested that utilities mark using flags or stakes we cannot guarantee the use of these marking methods and in some instances the utility may mark your lawn and pavement with non -permanent paint. These utility markings are temporary and will wash off within two to four weeks. Please reply to this letter via email within seven (7) days of its receipt giving permission to DERM personnel to access the selected properties for the purpose of obtaining samples. For additional information contact Didier Camacho, P.G. (camacd@,,miamidade.gov) or Alicia Felipe (felipa@miamidade.gov) from the Environmental Monitoring and Restoration Division 305-372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division do // Enclosure: DERM Proposed Soil Sample Map iih E'X'CC//C f,CC E.Y�>'°i^� �G( pc: HWR-768 (Area Wide) J ec: Alicia Felipe, Matthew Santiago and Didier Camacho, P.G., DERM Joe Santiago — Rental Services Company, jsantiago(a-)rscco.net GDC�; cocker .:. v da Department of Regulatory and !Economic Resources �AM �'E Environmental Resources Management 701 NW 1 st Court, 4th FIoor Miami, Florida 33136-3912 T 30.5-372-6700 F 305-372-6982 Carlos A. Gimenez, Mayor miarnidade.g©v June 17, 2020 VIA ELECTRONIC MAIL: anoriega(o-)-miamigov.com A Paper Copy of This Correspondence Will Not Follow by Regular Mail. Arthur Noriega, City Manager City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 VIA ELECTRONIC MAIL: wwiseheart(o-)-rscco.net A Paper Copy of This Correspondence Will Not Follow by Regular Mail. Mr. William R. Wiseheart Community Developers LTD Rental Service Company 2840 SW 31 Avenue, Suite 200 Miami, FL 33129 Re: Source Removal Plan (SRP) Addendum dated April 8, 2020, prepared by Cherokee Enterprises Inc., on behalf of the City of Miami to address contaminated soils located at, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT-3786/HWR-768) Miami -Dade County Florida. Dear Mr. Gonzalez and Wiseheart: The Miami -Dade County Department of Regulatory and Economic Resources' Division of Environmental Resources Management (DERM) had reviewed the referenced report received via email on April 8, 2020 and finds that the SRP Addendum adequately acknowledges and provides assurance that the requirements of DERM's letter dated January 23, 2020 will be addressed during the source removal activities. Therefore, DERM has no objection to the source removal as proposed in the referenced document along with the SRP dated January 16, 2020, and the modification approved via email on June 1, 2020. As provided in DERM's correspondence dated January 23, 2020, within ninety (90) days of receipt of this correspondence submit to this office for review a source removal report (SRR) that shall include the results of any additional assessment or confirmation/delineation samples requested. The SRR shall provide manifest/truck tickets indicating the disposal location, and the volumes disposed. Messrs. Noriega and Wiseheart Re: 3825 Charles Terrace Contaminated Soils (UT-3786/HWR-798) June 17, 2020 Page 2 of 2 DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. If you have any questions regarding this letter, please contact me via email mayorw(a)miamidade.gov or Lorna Bucknor (lorna.bucknora-miamidade.gov) or via telephone at (305) 372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ec: Keith A. Ng, City of Miami - keithng(a)-miamigov.com Paula Sessions, CEI - psessions(a)-cherokeecorp.com Michael Goldstein, Goldstein Law - mgoldstein(u-)-goldsteinenvlaw.com John Anderson, DERM Department of Regulatory and Economic Resources MIAMI•[�ADE Environmental Resources Management 701 NW 1 St Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov July 15, 2022 VIA ELECTRONIC MAIL: anoriega(a)miamigov.com A Paper Copy of This Correspondence Will Not Follow by Regular Mail. Arthur Noriega, City Manager City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Re: Site Assessment Report Addendum (SARA) and Source Removal Plan (SMP) dated June 15, 2022 prepared by Cherokee Enterprises Inc., on behalf of the City of Miami (the City) to address contaminated soils and groundwater at the residential located, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT-3786/HWR-768) Miami -Dade County Florida. Dear Mr. Noriega: The Miami -Dade County Department of Regulatory and Economic Resources' Division of Environmental Resources Management (DERM) had reviewed the referenced report received via email on June 15, 2022, and offers no objection to the proposed source removal with the following clarifications and conditions: 1. The narrative description of the proposed source removal areas does not provide a complete description of the source removal areas depicted in Figures 10 and 11. Therefore, the areas subject to the source removal shall be as depicted in Figures 10 and 11 of the referenced report. 2. Confirmation samples shall be required from the base of the source removal excavation at the east of the former Area 1, unless limestone base rock is reached during source removal activities. 3. Source removal shall include any grassed or open ground areas, where source removal was not previously conducted, along the right of ways on the west side of Booker Street between Thomas Avenue and Charles Terrace, the north and south sides of Williams Avenue between Jefferson and Booker Street, the east side of Jefferson Street between Williams Avenue and Charles Terrace and the north side of Charles Terrace between Jefferson Street and Booker Street. 4. Based on the contaminant concentration in soil and the proximity of receptors (residents) within the source removal area, prior to any source removal activity, a health and safety plan (HASP) along with a dust control plan shall be submitted to DERM for review and approval. The dust control plan shall clearly address the measure to be taken to ensure that residents at the 3825 Charles Terrace location will not be exposure to contaminant concentrations that would represent an inhalation hazard. 5. DERM acknowledges that the PFAS concentrations at MWC-7 exceeds the provisional groundwater cleanup target level. For information regarding, or questions related to groundwater PFAS impacts at the City of Miami Fire Training facility please contact Nikol Havranek of the Florida Department of Environmental Protection's Waste Cleanup Program at Nikol.Havranek(a�FloridaDEP.gov. Mr. Noriega Re: City of Miami Fire Training Facility (UT-3786/HWR-798) Offsite Contamination 3825 Charles Terrace July 15, 2022 Page 2 of 2 Based on the above, within sixty (60) days of receipt of this correspondence or at least thirty (30) days prior to the start of source removal activities, whichever is sooner, submit to this office for review a HASP and a dust control plan that addresses Comment 3 above. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. Technical Reports (assessment, remediation, etc.) should be submitted via email to DERMPCD(a)-miamidade.gov. For files too large for electronic transmittal, the public is requested to utilize Drop - Box or other equivalent FTP link. Please be advised that electronically submitted reports that require a Professional Engineer's (P.E.) or Professional Geologist's (P.G.) sign and seal shall be signed and sealed in accordance with the applicable portions of Chapter 471, Florida Statue (F.S.) and Rule 61G15, Florida Administrative Code (FAC) for P.E.s and in accordance with Chapter 492, F.S. and Rule 61 G16, FAC, for P.G.s If you have any questions regarding this letter, please contact me via email mayorw(c)-miamidade.gov or Lorna Bucknor (lorna.bucknor(a�miamidade.gov) or via telephone at (305) 372-6700. Sincerely, for Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ec: Keith A. Ng, City of Miami — keithng(a)miamigov.com Paula Sessions, CEI - psessions(o-)-cherokeecorp.com Michael Goldstein, Goldstein Law — mgoldstein(a�goldsteinenvlaw.com SITE ACCESS AGREEMENT This Access Agreement ("Agreement") is executed on July 29, 2020, by the City of Miami, a Florida municipal corporation (the "City"), and Community Developers, Ltd ("CDL"), a Florida limited partnership, collectively referred to herein as the "Parties " RECITALS A For the reasons stated below, the City desires access to property owned by CDL B CDL will provide such access pursuant to the terms set forth in this Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, it is hereby agreed as follows 1 CDL owns the property located at 3825 Charles Terrace, Miami, FL, Folio No 01-4120-004- 0260 (the "Apartments Parcel"), and the roadway north of the Apartments Parcel consisting of William Avenue between Jefferson Street and Brooker Street (the "William Avenue Parcel"), For purposes of this Agreement, the Apartments Parcel and the William Avenue Parcel are referred to collectively as the "Subject Property") 2 Miami -Dade County Depaitment of Regulatory and Economic Resources — Division of Environmental Resources Management ("DERM") issued correspondence to the City on August 10, 2017, August 29, 2017, February 28, 2018, October 3, 2018, January 22, 2020, May 14, 2020, and June 17, 2020, setting forth certain contamination assessment and remediation requirements to be conducted at the Apartments Parcel and/or the William Avenue (collectively, the "DERM Requirements") 3 CDL hereby grants the City, the City's environmental consultants, and their respective employees, agents, and subcontractors (collectively, the "Accessing Parties") access to the Subject Property for the purposes of implementing the Scope of Work set forth m Exhibit A ("Scope of Work"), which is intended to implement the DERM Requirements, provided, however, that the Accessing Parties may only conduct any such work that has been previously approved by DERM 4 As the Scope of Work is conducted by or on behalf of the City, the Accessing Parties will restore the Subject Property as near as practicable to its condition immediately prior to the commencement of such work 5 The granting of this permission by CDL is not intended, nor should it be construed, as release or settlement of claims against the City for any contamination discovered on or adjacent to the Subject Property, all such claims being expressly reserved by CDL 6 The acceptance of this permission by the City is not intended, nor should it be construed, as an admission by the City of any liability to CDL for any contamination discovered on or adjacent to the Subject Property 7 The Accessing Parties may enter the Subject Property from 8 am to 6 p in Monday through Friday while this Agreement is in effect, provided, however, that the Accessing Parties give no less than three (3) business days prior written notice to CDL of their intention to do so and the dates and times that such Accessing Parties will be on the Subject Property The Accessing Parties shall also provide the names of all individuals that will be entering the Subject Property on any given to day to perform work {00038433 DOCX 1 1 Page lof3 8. The City acknowledges and accepts its responsibility for damages caused by the acts of the Accessing Parties while on the Subject Property and agrees to indemnify CDL in connection with any claims or damages incurred by CDL arising out of such acts 9 The tern of this Agreement shall be for six (6) months unless extended in writing by the Parties Either Party may terminate this Agreement at will upon one (1) week written notice Such notice may be made by email, U.S. Mail, overnight snail or hand delivery as follows: If to the City to with a copy to and a copy to If to CDL to. with a copy to. City of Miami Hector Badia, Interim Director Office of Capital Improvements 444 SW 2°a Avenue, 8°i Floor Miami, FL 33130 hbadiaRiniamiaov com Victoira Mendez, Esq , City Attorney Office of the City Attorney 444 SW 2°d Avenue, 91h Floor Miami, FL 33130 VMendez!2cmiamiaov com Henry J Hunnefeld, Esq , Senior Assistant City Attorney Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 hlhunnefeld(n�mramreov com Mr. William R Wiseheart Community Developers, Ltd 2840 SW Third Avenue, Suite 200 Miami, Florida 33129 wwiseheartRrscco net Michael R Goldstein, Esq The Goldstein Environmental Law Firm 2100 Ponce de Leon Blvd , Suite 710 Coral Gables, FL 33134 mRoldstein goldstemenvlaw com 100038433 DOCX 1 1 Page 2 of 3 SIGN I\ NVITNESS WHEREOF. the parties have set their hands and seals the day and year first above written. THE CITY OF NIIANTI, a municipal corporation of t State of Florida By: Name: Arthur Noriega, V Title: Manager, City of Miami 00038433.DOCX. I ; Community Developers, Ltd., a Florida limited partnership 1 A 0 Prii Title: President Miami Heritage Company, corporate general partner Page 3 of 3 EXHIBIT A SCOPE OF WORK Vicinity of 3825 Charles Terrace and William Avenue between Jefferson and Booker Streets 1) Conduct an underground utility clearance through Sunshine 2) Conduct private utilities clearance using GPR 3) Mobilize to the site and setup temporary barricades 4) Tape visqueen over the windows and back doors of adjacent residences 5) Area 1- Excavate the grassy area on the north side of the sidewalk along the north side of William Avenue from prior soil boring SB-G to SB-P covering 3,150 square feet down to 3' below land surface or native limerock, whichever is shallower (total of 9,450 cubic feet/27 = 350 cubic yards x 14 = rounded to 490 tons) Refer to Figures land 2 for all of the proposed source removal areas 6) Area 2 -Excavate the landscaped area around the large tree on the southeast corner of William Avenue and Jefferson Street, covering 240 square feet down to 2' below land surface (total of 480 cubicfeet/27 = 18 cubic yards x 14 = —25 tons) 7) Area 3 - Excavate the landscaped area south of the sidewalk along William Avenue, north of the residential houses, and between the two houses south to just beyond SB-AA covering 900 square feet down to 2' below land surface (total of 1,800 cubic feet/27 = 67 cubic yards x 1.4 = rounded to —94 tons) 8) Area 4 -Excavate the area between the street and sidewalk on the south side of William Avenue, near Jefferson Street, covering 584 square feet down to 2' below land surface (total of 1,168 cubic feet/27 = 43 cubic yards x 14 = rounded to —61 tons) 9) Area 5 -Excavate the area between the street and sidewalk on the south side of William Avenue, approximately midway between Jefferson Street and Booker Street, covering 200 square feet down to 6 inches below land surface (total of 100 cubic feet/27 = 3 7 cubic yards x 14 = rounded to — S tons). 10) Area 6 - Excavate up to 2 feet, where possible due to the numerous surface roots from the two large trees in the area, the area south of the sidewalk along Thomas Avenue until the asphalt driveway and west of the residential house to the chain link fence (total of 1360 cubic feet/27 = 50 cubic yards x 14 = rounded to —70 tons) 11) Provide dust suppression using a water truck with hose Water for dust suppression will be obtained from a nearby fire hydrant. 12) Provide daily air monitoring during construction. Prior to actual air monitoring during construction, air quality monitoring will be performed for 2 consecutive days to establish background conditions at the site The data collected will be used for comparison with data obtained during construction This proposal assumes three stationary dust monitors with alarms, tripods and enclosures, three hand held monitors and one weather station will be provided for one month Field measurement results exceeding the action level will be reported to DERM and PROS immediately. Monthly air monitoring reports will be prepared and submitted to DERM and PROS for a total of 2 reports. The reports will include the following information 1) Summary of air monitoring stations used each day and their locations relative to the site and wind direction, 2) Summary of monitoring data per station, 3) Field sampling and calibration data sheets for each meter, 4) A conclusion of monitoring results and recommendations, as appropriate 13) Transport the soil (up to 800 tons) for disposal at Waste Management's Okeechobee Landfill This landfill is required since the soil contains dioxins Waste Management has approved of disposal at their Okeechobee Landfill The City will be only be charged for the amount of sod disposed. Note: There is a 23-ton minimum per load for transportation 14) Collect confirmation soil samples for analyses indicated from the side walls of the following excavation areas a Area 1— Collect soil samples from the 0-1' and 1-2' depth intervals at one location from the east wall of the excavation, east of SB-P and analyze for lead, PAH's and dioxins b Area 2 — Collect soil samples from the 0-1' and 1-2' depth intervals at one location from the south wall of the excavation and analyze for dioxins and PAH's c Area 3 — Collect soil samples from the 0-6" and 6-24"' depth intervals from the east wall of the excavation (east of SB-Z) at one location, and collect soil samples from the 0 —6" and 6-24" depth intervals from the south wall of the excavation at one location (south of former SB-AA) for dioxins d Area 6 — Collect soil samples from the 0-6" and 6-24" depth intervals at four locations for dioxins and soil samples from the 0-6" and 6-24" depth intervals at three locations for PAHs 15) Backfill excavations with clean soil (LBR 40, backfill sand and top soil — approximately 880 tons or 10% more than excavated) obtained from a DERM-approved quarry in Miami -Dade County Backfill will be compacted using a hand held, walk behind compactor. 16) Replace concrete sidewalk from the backdoor pads of the two residences to the sidewalk which parallels the street 17) Install sod in Areas 1— 6 for an approximate total of 6,000 square feet 18) Cleanup, take down barricades and demobilize Assumptions/Exclusions • Provide 3 working days' notice via email to DERM and the COM prior to the source removal activities field event • No Maintenance of Traffic Plan will be prepared for submittal to the City If required, additional funding will be needed to cover the cost • No survey to verify the depth of excavation or elevations is included. • No truck wheel wash area is included • All work will be performed Monday — Friday between the hours of 7:00 AM and 6 00 PM • It is assumed that no permits are required to complete the work • Any underground utilities identified during the utility clearance that fall in the footprint of the excavations will be left in place and dug around • Damages caused as a direct result of the source removal activities performed by CEI will be repaired and the site will be restored (if necessary) to original conditions • The COM will allow CEI to temporarily store the excavator and frontend loader overnight at the COM's Fire Training Center located on the north side of William Avenue Excavated soil will be stockpiled on and covered with visqueen and stored on City of Miami property until the soil is loaded into trucks for disposal. • No liner or geotextile fabric will be placed in any of the excavations • No asphalt installation is included • No density testing for a required compaction • Excavation, disposal, and backfilling is based on an estimate of up to 800 tons of soil Disposal of more than 800 tons, and additional excavation that may be required based on DERM's 1-23-2020 comments and confirmation sample results will result in increased costs and additional funding • All sods will be handled and disposed as non -hazardous If found to be hazardous, additional funding will be required to cover the costs CEI will sign non -hazardous manifests on behalf of the City as AGENT SITE ACCESS AGREEMENT This Access Agreement ("Agreement") is executed on August 24, 2021, by the City of Miami, a Florida municipal corporation (the "City"), and Community Developers, Ltd. ("CDL" ), a Florida limited partnership, collectively referred to herein as the "Parties." RECITALS A. For the reasons stated below, the City desires access to property owned by CDL. B. CDL will provide such access pursuant to the terms set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, it is hereby agreed as follows: 1. CDL owns the property located at 3825 Charles Terrace, Miami, FL, Folio No. 0 1 -4120-004-0260 (the "Apartments Parcel"), and the roadway north of the Apartments Parcel consisting of William Avenue between Jefferson Street and Brooker Street (the "William Avenue Parcel"). For purposes of this Agreement, the Apartments Parcel and the William Avenue Parcel are referred to collectively as the "Subject Property"). 2. Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management ("DERM") issued correspondence to the City on May 24, 2021, setting forth certain contamination assessment and remediation requirements to be conducted at the Apartments Parcel and/or the William Avenue Parcel (the "DERM Letter"). The City's environmental consultant, Cherokee Enterprises, Inc. ("CEI") prepared a work plan, dated July 9, 2021 (the "CEI Work Plan"), to implement the requirements in the DERM Letter. The DERM Letter and CEI Work Plan (collectively, the "DERM Scope of Work") are enclosed as ComQosite Exhibit A and made a part hereof. 3. CDL hereby grants the City, CEI, and their respective employees, agents, and subcontractors (collectively, the "Accessing Parties") access to the Subject Property for the purposes of implementing the DERM Scope of Work; provided, however, that the Accessing Parties may only conduct any such work that has been previously approved by DERM. 4. As the DERM Scope of Work is conducted by or on behalf of the City, the Accessing Parties will restore the Subject Property as near as practicable to its condition immediately prior to the commencement of such work. 5. The granting of this permission by CDL is not intended, nor should it be construed, as release or settlement of claims against the City for any contamination discovered on or adjacent to the Subject Property, all such claims being expressly reserved by CDL. 6. The acceptance of this permission by the City is not intended, nor should it be construed, as an admission by the City of any liability to CDL for any contamination discovered on or adjacent to the Subject Property. 7. The Accessing Parties may enter the Subject Property from 8 am. to 6 p.m. Monday through Friday while this Agreement is in effect; provided, however, that the Accessing Parties give no less than three (3) business days prior written notice to CDL of their intention to do so and the dates and times that such Accessing Parties will be on the Subject Property. The Accessing Parties shall also provide the names of all individuals that will be entering the Subject Property on any given to day to perform work. (00045791.DOM 1 ) Page tof 3 8. The City acknowledges and accepts its responsibility for damages caused by the acts of the Accessing Parties while on the Subject Property and agrees to indemnify, subject to the limits set forth in Florida Statute section 768.28, CDL in connection with any claims or damages incurred by CDL arising out of such acts. 9. The term of this Agreement shall be for six (6) months unless extended in writing by the Parties. Either Party may terminate this Agreement at will upon one (1) week written notice. Such notice may be made by email, U.S. Mail, overnight mail or hand delivery as follows: If to the City to: with a copy to and a copy to: If to CDL to: with a copy to: City of Miami Steven C. Williamson, Director Capital Improvements and Transportation Program Capital Improvements and Transportation Programs 444 SW 2°° Avenue, 5'' Fioor Miami, FL 33130 swilliamson(a4 iamigov.com Victoria Mendez, Esq., City Attomey Office of the City Attorney 444 SW 2°d Avenue, 9`h Floor Miami, FL 33130 VMendez(r ,mami og v.corn Henry J. Hunnefeld, Esq., Senior Assistant City Attorney Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Jhunnefeld@—Miamigov.com Mr. William R. Wiseheart Community Developers, Ltd. 2840 SW Third Avenue, Suite 200 Miami, Florida 33129 wwiseheart[� rscco.net Michael R. Goldstein, Esq. The Goldstein Environmental Law Firm, F.A. 2100 Ponce de Leon Blvd., Suite 710 Coral Gables, FL 33134 rnp-oldstein(),goldsteinenvlaw.com ,00045791.DQCX. I } Page 2 of 3 8. The City acknowledges and accepts its responsibility for damages caused by the acts of the Accessing Parties while on the Subject Property and agrees to indemnify, subject to the limits set forth in Florida Statute section 768.28, CDL in connection with any claims or damages incurred by CDL arising out of such acts. 9. The term of this Agreement shall be for six (6) months unless extended in writing by the Parties. Either Party may terminate this Agreement at will upon one (1) week written notice. Such notice may be made by email, U.S. Mail, overnight mail or hand delivery as follows: If to the City to: City of Miami Angel R. Carrasquillo Director Office of Capital Improvements 444 SW 2"d Avenue, 8' Floor Miami, FL 33130 AnCarrasquillo(a)miami.gov.com with a copy to Victoria Mendez, Esq., City Attorney Office of the City Attorney 444 SW 2"d Avenue, 91h Floor Miami, FL 33130 VMendezta')m iamigov.com and a copy to: Henry J. Hunnefeld, Esq., Senior Assistant City Attorney Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 hihunnefeld(u-miamisov.com If to CDL to: Mr. William R. Wiseheart Community Developers, Ltd. 2840 SW Third Avenue, Suite 200 Miami, Florida 33129 wwiselieart(a)rscco. net with a copy to: Michael R. Goldstein, Esq. The Goldstein Environmental Law Firm, P.A. 2100 Ponce de Leon Blvd., Suite 710 Coral Gables, FL 33134 m,zoldstein cni.eoldsteinenvlaw.com (00045791.DOCK 1 ) Page 2 of 3 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. THE CITY OF MIAMI, a municipal corporation of the State of Florida I By: Name: Arthur NOriega, V Title: City Manager Date:'1 `� 1 100045791-DOCK I) Page 3 of 3 COMMUNITY DEVELOPERS, LTD., a Florida limited partnership By: Print: WILL I AM W l SFOVAE' T Title: �reS. K1 44gr4ale_ �aneft-� r'f�eR r Date: �S/ 3D/ �20;L MIAM!•[[)E Carlos A. Gimenez, Mayor May 24, 2021 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW Ist Court, 4th Floor Miami, Florida 33136-3912 T 105-3724,700 F 305-372-6982 VIA ELECTRONIC MAIL: anorjeqa@miamigov.com A Paper Copy of This Correspondence Will Not Follow by Regular Mail. Arthur Noriega, City Manager City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 miamidade.gov Re: Source Removal Report (SRR) dated December 30, 2020, prepared by Cherokee Enterprises Inc., on behalf of the City of Miami (the City) to address contaminated soils located at, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT-37861HWR-768) Miami -Dade County Florida. Dear Mr. Noriega: The Miami -Dade County Department of Regulatory and Economic Resources' Division of Environmental Resources Management (DERM) had reviewed the referenced SRR received on January 6, 2021 and has no objection to the proposed additional delineation and source removal. However, as you are aware, the owner of the referenced property, through their legal representative, submitted a Limited Soil and Groundwater Assessment Report (LSAR) to the City via email on April 21, 2021. On May 17, 2021, the LSAR was also submitted to DERM for review. The LSAR documented additional assessment conducted by Langan Environmental, on behalf of the property owner, to confirm the completeness of the City's environmental response (including the referenced SRR) to the contamination documented at the site which is attributable to the operations of the City's former incinerator. DERM's review of the LSAR finds the following: 1. The LSAR documents areas, outside the areas addressed by the SRR, with concentrations of dioxins/furans in soil that exceed residential cleanup target level. Therefore, in addition to the areas proposed for additional delineation and source removal pursuant to the SRR, these additional areas are required to be delineated and addressed. 2. Benzo(a)pyrene equivalent (BaPE) concentrations exceeding the residential soil cleanup target level are documented at soil borings DP-2, DP-3 and DP-14 and above the commercial/industrial SCTL at DP-5, While BaPE are a contaminant of concern at the City's fire training/former incinerator facility, DERM recognizes that other localized non- Mr. Noriega Re: City of Miami Fire Training Facility (UT 3786/HWR-798) Offsite Contamination 3825 Charles Terrace May 24, 2021 Page 2 of 3 point sources (e.g. runoff from parking areas) may also be a source of BaPE contamination in surficial soils. Based on the data provided in the SRR as well as the LSAR; specifically, the vertical and horizontal BaPE concentration distribution as well as the spatial distribution of BaPE contaminated soils with respect to dioxin contaminated soil, DERM finds that further assessment/evaluation is required to distinguish potential BaPE impacts from the operations of the former incinerator versus impacts from localized non -point sources and to delineate and address said impacts as applicable. 3. The concentration of perfluorooctane sulfonic acid (PFOS) plus perfiuorooctanoic acid (PFOA) in groundwater at monitoring well LMW 3 exceeds the provisional groundwater cleanup target level of 70 ng/L. Per- and polyfluoroaikyl substances including PFOA and PFOS are known to be associated with aqueous film forming foam (AFFF) foam historically used at the referenced facility and which have been documented in groundwater at the referenced facility (FDEP report dated May 26, 2020). Based on the foregoing, DERM finds that the source of the documented groundwater contamination at the 3825 Charles Terrace property is attributable to the City's Fire Training facility. Therefore, the City is required to address the documented groundwater contamination. Based on the above, within sixty (60) days of receipt of this correspondence submit to this office for review and approval: A source removal report (SRR) addendum that shall include the results of the proposed confirmation/delineation. The SRR shall provide manifest/truck tickets indicating the disposal location, and the volumes disposed. 11. A Site Assessment Report Addendum that shall provide for the delineation of the soil and groundwater impacts pursuant to Comments 1 through 3 above. The SARA shall include, Without limitation, site maps documenting all available data with respect to the horizontal and vertical distribution of BaPE in soils at the referenced facility as well as the boundaries of the fire training facility. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Mr. Noriega Re: City of Miami Fire Training Facility (UT-3786/HWR-798) Offsite Contamination 3825 Charles Terrace May 24, 2021 Page 3 of 3 Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. Be advised that in response to the current COVID-19 pandemic, while DERM's offices are currently open, to ensure the safety of staff as well as to protect the public, in person access to staff is restricted at this time. Plans and technical reports are currently being accepted at the office however, the public is encouraged to submit documents electronically via email to DERMPCD@miamidade.gov. If you have any questions regarding this letter, please contact me via email mayorwCr�miamidade.gov_ or Lorna Bucknor(Iorna.bucknorCa?_rniamidade.gov) or via telephone at (305) 372-6700. Sincerely, for Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ec: Keith A. Ng, City of Miami — keithnQ(a)miamigov.com Paula Sessions, CEI - psessions(Mcherokeecorp.com Michael Goldstein, Goldstein Law — m oldstein oldsteinenvlaw.com John Anderson, DERM M IAM I•DADE Carlos A. Gimenez, Mayor August 29, 2017 CERTIFIED MAIL NO: 7015 0640 0001 5023 3719 RETURN RECEIPT REQUESTED Mr. Daniel J. Alfonso, Manager City of Miami Manager's Office 444 SW 211 Avenue, 1011 Floor Miami, FL 33130 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov Re: Dioxin Contaminated Soil located at, near, or in the vicinity of 3825 Charles Terrace Coconut Grove, (UT-3786/HWR-768) Miami -Dade County, Florida. Dear. Mr. Alfonso: The Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) collected soil samples from the 0 to 6 inch interval at the above referenced private residential property. The samples indicated concentrations of dioxin above the human health screening criteria for direct exposure at the locations identified as soil boring CDC-SB-8-S and CDC-SB-8-W (see attached map). The contamination appears to be related to the dioxin concentrations documented in the right of way immediately north of the sampling location and which DERM required the City to address in a letter dated August 10, 2017 (copy attached). Therefore, the following is required to address the contaminated soil: 1. The vertical and horizontal extent of the area of soil contamination shall be fully delineated. 2. The dioxin contaminated soils shall be addressed via source removal and the excavated area backfilled with clean fill. The excavated soil shall be disposed of at an approved disposal facility and the manifests for the disposal of said soil shall be provided to DERM. Note that, for the purpose of backfilling, material not brought directly from a Miami -Dade County quarry requires appropriate characterization and the results submitted to DERM for review and approval prior to use. 3. In addition to the above, DERM requires additional samples to confirm the dioxin concentrations documented for soil sample CDC-3 (15.5 ng/kg) as well as the concentrations documented at DERM-SB-1/CDC-SB-6 located at 3880 Charles Terrace (12.2 ng/kg) (See attached map). Based on the above, within sixty days of receipt of this correspondence submit a report that addresses the above requirements. A review fee of $950 shall be included with the report. The report shall also include the delivery receipts for the material used to backfill the excavation as applicable. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida , Z)a e C�cexc er J. Mr. Alfonso, Manager City of Miami UT-3786/H W R-768 August 29, 2017 Page 2 of 2 Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD(a),miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. For additional information contact Didier Camacho, P.G. (camacd(c).miamidade.gov) or Alicia Felipe (felipa(cDmiamidade.gov) from the Environmental Monitoring and Restoration Division 305- 372-6700. Sincerely, J Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division do Enclosure: Contaminated Soil Area Map pc: HWR-768 (Area Wide) ec: Jeovanny Rodriguez, PE., City of Miami - jeovannyrodriguez(a-),maimigov.com Harry James, City of Miami - hiames(cDmiamigov.com Michael Goldstein, Goldstein Law - MGoldstein c(-bGoldsteinenvlaw.com Alicia Felipe/ Matthew Santiago, DERM M IAM I-DADE Carlos A. Gimenez, Mayor August 10, 2017 CERTIFIED MAIL # 7015 0640 0001 5022 5950 RETURN RECEIPT REQUESTED Mr. Daniel J. Alfonso, Manager City of Miami Manager's Office 444 SW 211 Avenue, 10`h Floor Miami, FL 33130 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov Re: Contaminated Soil on a City of Miami Right -Of -Way located at, near, or in the vicinity of Williams Avenue between Jefferson Street and Booker Street in Coconut Grove, Miami -Dade County, Florida. Dear. Mr. Alfonso: The Miami -Dade County Department of Regulatory and Economic Resources - Division of Environmental Resources Management (DERM) is collected soil samples from the 0 to 6 inch interval in a right-of-way (ROW) swale on the south side of Williams Avenue just west of the intersection of Jefferson Street and Williams Avenue. The sample results indicated concentrations of Dioxin (i.e., 683.6 ng/Kg and 982.1 ng/Kg) above exceeds the human health screening criteria for direct exposure and which are not consistent with the Dioxin background concentration for the area. Therefore, the following is required to address the contaminated soil. 1. Within seven days (7) of the receipt of this letter implement temporary engineering control (i.e., construction mesh fencing, etc.) to restrict public access to the impacted soils (see attached map). Please contact Didier Camacho of DERM at 305-372-6700 or camacd(u-)miamidade.gov to schedule an inspection of the temporary engineering control upon implementation. 2. The area of soil contamination shall be delineated. Therefore, conduct additional soil assessment to determine the horizontal and vertical extent of the dioxin contamination. 3. Address the area of impacts (including, as applicable, any additional open ground areas documented during delineation) via removal of soils from the 0 to 12 inch interval and backfilling with 12 inches of clean fill above a high visibility geotextile fabric. Alternately, install an engineering control (e.g. asphalt) to eliminate potential exposure to the contaminated soils. 4. If source removal is conducted, excavated soil shall be disposed of at an approved disposal facility and the manifests for the disposal of said soil shall be provided to DERM. Note that, for the purpose of backfilling, material not brought directly from a Miami -Dade County quarry requires appropriate characterization prior to use. 5. Based on the documented contamination, DERM requires sampling of the open ground ROW area on the north side of Williams Avenue (outside of the perimeter fence for the Fire Training Mr. Alfonso, City of Miami Manager August 10, 2017 Page 2 of 2 facility). Soil samples shall be obtained from the 0-6 and 6-12 inch vertical interval at 50 feet intervals (horizontal) along said ROW. The samples shall be analyzed dioxins. Based on the above, within sixty days of receipt of this correspondence submit a report that addresses the above requirements. A review fee of $950 shall be included with the report. The report shall also include the delivery receipts for the material used to backfill the excavation as applicable. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD(a�miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. For additional information contact Didier Camacho, P.G. (camacd(aDmiamidade.gov) or Alicia Felipe (felipa(cDmiamidade.gov) from the Environmental Monitoring and Restoration Division 305- 372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division do Enclosure: Contaminated Soil Area Map pc: HWR-768 (Area Wide) ec: Jeovanny Rodriguez, PE., City of Miami - jeovannyrodrig uezQmaimigov.com Ai ani Stewart, City of Miami - AStewart(o,miamigov.com Alicia Felipe/ Matthew Santiago, DERM City of Miami (Former Incinerator Site) Soil Sample Locations (UT-3786) SITE ACCESS AGREEMENT This Access Agreement ("Agreement") is executed on October 25, 2018, by the City of Miami, a Florida municipal corporation (the "City"), and Community Developers, Ltd ("CDL"), a Florida limited partnership, collectively referred to herein as the "Parties." RECITALS A. For the reasons stated below, the City desires access to property owned by CDL. B. CDL will provide such access pursuant to the terms set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, it is hereby agreed as follows: 1. CDL owns the property located at 3825 Charles Terrace, Miami, FL, Folio No. 01-4120.-004- 0260 (the "Apartments Parcel"), and the road way north of the Apartments Parcel consisting of William Avenue between Jefferson Street and Brooker Street (the "William Avenue Parcel"). For purposes of this Agreement, the Apartments Parcel and the William Avenue Parcel are referred to collectively as the "Subject Property"). 2. Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management ("DERM") issued correspondence to the City on August 10, 2017, August 29, 2017, February 28, 2018, and October 3, 2018, setting forth certain contamination assessment and remediation requirements to be conducted at the Apartments Parcel and/or the William Avenue Parcel as more fully described in Composite Exhibit A (collectively, the "DERM Scope of Work"). 3. CDL hereby grants the City, the City's environmental consultants, and their respective employees, agents, and subcontractors (collectively, the "Accessing Parties") access to the Subject Property for the purposes of implementing the DERM Scope of Work; provided, however, that the Accessing Parties may only conduct any such work that has been previously approved by DERM. 4. As the DERM Scope of Work is conducted by or on behalf of the City, the Accessing Parties will restore the Subject Property as near as practicable to its condition immediately prior to the commencement of such work. 5. The granting of this permission by CDL is not intended, nor should it be construed, as release or settlement of claims against the City for any contamination discovered on or adjacent to the Subject Property, all such claims being expressly reserved by CDL. 6. The acceptance of this permission by the City is not intended, nor should it be construed, as an admission by the City of any liability to CDL for any contamination discovered on or adjacent to the Subject Property. 7. The Accessing Parties may enter the Subject Property from 8 a.m. to 6 p.m. Monday through Friday while this Agreement is in effect; provided, however, that the Accessing Parties give no less than three (3) business days prior written notice to CDL of their intention to do so and the dates and times that such Accessing Parties will be on the Subject Property. The Accessing Parties shall also provide the names of all individuals that will be entering the Subject Property on any given to day to perform work. {00021388.DOCX. I } Page Iof 3 8. The City acknowledges and accepts its responsibility for damages caused by the acts of the Accessing Parties while on the Subject Property and agrees to indemnify CDL in connection with any claims or damages incurred by CDL arising out of such acts. 9. The term of this Agreement shall be for six (6) months unless extended in writing by the Parties. Either Party may terminate this Agreement at will upon one (1) week written notice. Such notice may be made by email, U.S. Mail, overnight mail or hand delivery as follows: If to the City to: with a copy to and a copy to: If to CDL to: with a copy to: City of Miami Steven C. Williamson, Director Capital Improvements and Transportation Program Capital Improvements and Transportation Programs 444 SW 21d Avenue, 51' Floor Miami, FL 33130 swilliamson(@miamigov.com Victoria Mendez, Esq., City Attorney Office of the City Attorney 444 SW 2nd Avenue, 9d' Floor Miami, FL 33130 VMendez@,miamigov.com Henry J. Hunnefeld, Esq., Senior Assistant City Attorney Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 hihunnefeld@miami%zov.com Mr. William R. Wiseheart Community Developers, Ltd. 2840 SW Third Avenue, Suite 200 Miami, Florida 33129 wwiseheart,rscco.net Michael R. Goldstein, Esq. The Goldstein Environmental Law Firm 2100 Ponce de Leon Blvd., Suite 710 Coral Gables, FL 33134 mgoldstein(a.eoldsteinenvlaw.com (00021388.DOCX. I ) Page 2 of 3 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. THE CITY OF MIAMI, a municipal corporation of the State of Florida an Nan Titlf Community Developers, Ltd., a Florida limited partnership By: I Print: Title: pnzr We h4-. A'4 C, f d rw 7( gwem'C— (00021388.DOCX. 1 ) Page 3 of Composite Exhibit A (00005540.DOCX. 1 ) MIAMI•DADE I Carlos A. Gimenez, Mayor August 10, 2017 CERTIFIED MAIL # 7015 0640 0001 5022 5950 RETURN RECEIPT REQUESTED Mr. Daniel J. Alfonso, Manager City of Miami Manager's Office 444 SW 211" Avenue, 1011 Floor Miami, FL 33130 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3g12 T 305-372-6700 F 305-372-6982 mi amidad--.goes Re. Contaminated Soil on a City of Miami Right -Of -Way located at, near, or in the vicinity of Williams Avenue between Jefferson Street and Booker Street in Coconut Grove, Miami -Dade County, Florida. Dear. Mr. Alfonso The Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) is collected soil samples from the 0 to 6 inch interval in a right-of-way (ROW) swale on the south side of Williams Avenue just west of the intersection of Jefferson Street and Williams Avenue. The sample results indicated concentrations of Dioxin (i.e., 683.6 ng/Kg and 982.1 ng/Kg) above exceeds the human health screening criteria for direct exposure and which are not consistent with the Dioxin background concentration for the area. Therefore, the following is required to address the contaminated soil. Within seven days (7) of the receipt of this letter implement temporary engineering control (i.e., construction mesh fencing, etc.) to restrict public access to the impacted soils (see attached map). Please contact Didier Camacho of DERM at 305-372-6700 or camacdamiamidade.gov to schedule an inspection of the temporary engineering control upon implementation. 2. The area of soil contamination shall be delineated. Therefore, conduct additional soil assessment to determine the horizontal and vertical extent of the dioxin contamination. 3. Address the area of impacts (including, as applicable, any additional open ground areas documented during delineation) via removal of soils from the 0 to 12 inch interval and backfilling with 12 inches of clean fill above a high visibility geotextile fabric. Alternately, install an engineering control (e.g asphalt) to eliminate potential exposure to the contaminated soils. 4. If source removal is conducted, excavated soil shall be disposed of at an approved disposal facility and the manifests for the disposal of said soil shall be provided to DERM. Note that, for the purpose of backfilling, material not brought directly from a Miami -Dade County quarry requires appropriate characterization prior to use. 5. Based on the documented contamination, DERM requires sampling of the open ground ROW area on the north side of Williams Avenue (outside of the perimeter fence for the Fire Training � G(11 Mr. Alfonso, City of Miami Manager August 10, 2017 Page 2 of 2 facility,. Soil samples shall bo obtained frorr. the C-6 and 6-12 inch vertical interval at 50 feet intervals (horizontal) along said ROW. The samples shall be analyzed dioxins. Based on the above, within sixty days of receipt of this correspondence submit a report that addresses the above requirements. A review fee of $950 shall be included with the report. The report shall also include the delivery receipts for the material used to backfill the excavation as applicable. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the Natioi-ial Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCDCa-,miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site, Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERIVI within fifteen (15) days of the date of the action or decision by DERM. For additional information contact Didier Camacho, P.G. (camacd(cDmiamidade.gov) or Alicia Felipe (felipa n-iiamidade.gov) from the Environmental Monitoring and Restoration Division 305- 372-6700, Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division do Enclosure; Contaminated Soil Area Map PC: HWR-768 (Area Wide) ec. Jeovanny Rodriguez, PE., City of Miami - ieovannyrodriguezcRmaimigov.com Ajani Stewart, City of Miami - AStewart0miamigov.com Alicia Felipe/ Matthew Santiago, DERM City of Miami (Former Incinerator Site) Soil Sample Locations (UT-3786) M IAM I•DADE Carlos A. G;rnenez, Maynr August 29, 2017 CERTIFIED MAIL NO: 7015 0640 0001 5023 3719 RETURN RECEIPT REQUESTED Mr. Daniel J. Alfonso, Manager City of Miami Manager's Office 444 SW 2nd Avenue, 1011' Floor Miami, FL 33130 Department of Regulatory and Economic Resources Environmental Resources Nlanagement 701 .NW 1st Court, 4th Floor Nliam:, Florida 33136-3912 T 305-372-6700 F 305-372-6982 mi?midade.gov Re: Dioxin Contaminated Soil located at, near, or in the vicinity of 3825 Charles Terrace Coconut Grove, (UT-3786/HWR-768) Miami -Dade County, Florida. Dear. Mr. Alfonso: The Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) collected soil samples from the 0 to 6 inch interval at the above referenced private residential property. The samples indicated concentrations of dioxin above the human health screening criteria for direct exposure at the locations identified as soil boring CDC-SB-8-S and CDC-SB-8-W (see attached map). The contamination appears to be related to the dioxin concentrations documented in the right of way immediately north of the sampling location and which DERM required the City to address in a letter dated August 10, 2017 (copy attached). Therefore, the following is required to address the contaminated soil: 1. The vertical and horizontal extent of the area of soil contamination shall be fully delineated. 2. The dioxin contaminated soils shall be addressed via source removal and the excavated area backfilled with clean fill. The excavated soil shall be disposed of at an approved disposal facility and the manifests for the disposal of said soil shall be provided to DERM. Note that, for the purpose of backfilling, material not brought directly from a Miami -Dade County quarry requires appropriate characterization and the results submitted to DERM for review and approval prior to use. In addition to the above, DERM requires additional samples to confirm the dioxin concentrations documented for soil sample CDC-3 (15.5 ng/kg) as well as the concentrations documented at DERM-SB-1/CDC-SB-6 located at 3880 Charles Terrace (12.2 ng/kg) (See attached map). Based on the above, within sixty days of receipt of this correspondence submit a report that addresses the above requirements. A review fee of $950 shall be included with the report. The report shall also include the delivery receipts for the material used to backfill the excavation as applicable. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Mr. Alfonso, Manager City of Miami UT-3786/HWR-768 August 29, 2017 Page 2 of 2 Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD(aDmiamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. For additional information contact Didier Camacho, P.G. (cam acd(d,)miamidade.aov) or Alicia Felipe (felipa(a)miamidade.gov) from the Environmental Monitoring and Restoration Division 305- 372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division do Enclosure: Contaminated Soil Area Map PC: HWR-768 (Area Wide) ec: Jeovanny Rodriguez, PE., City of Miami - ieovannvrodriguez6a maim igov.com Harry James, City of Miami - hiames(a)miamigov.com Michael Goldstein, Goldstein Law - MGoldstein(a�Goldsteinenvlaw.com, Alicia Felipe/ Matthew Santiago, DERM M IAM I -DADS Carlos A. Gimenez, Mayor February 28, 2018 CERTIFIED MAIL NO: 7017 0530 0000 6626 1129 RETURN RECEIPT REQUESTED Emilio Gonzalez, City Manager City of Miami 444 Southwest 2nd Avenue Miami, Florida 331300 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov Re: Soil Sampling Plan dated January 19, 2018 submitted by SCS Engineers to address the Dioxin Contaminated Soil located at, near, or in the vicinity of 3825 Charles Terrace Coconut Grove, (UT-3786/HWR-768) Miami -Dade County, Florida. Dear. Mr. Gonzalez: The Miarni-Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) has reviewed the referenced plan received on January 19, 2018. The plan is to delineate dioxin soil impacts documented at the residential parcel located at the above address and to confirm dioxin concentration documented in soil at 3880 Charles Terrace. DERM hereby approves the referenced plan subject to the following modifications: 1. Step out samples shall be obtained at a maximum distance of 10 feet away, in each cardinal direction, from soil borings CDC-SB-8-S and CDC-SB-8-W and, if applicable, from soil borings DERM-SB-1/CDC-SB-6 and CDC-3. In addition to the proposed soil samples to be obtained from the 0-6 inch, 6-24 inches samples shall also be obtained at every two feet thereafter to the water table. If solid waste is not observed below the 6-24 inches intervals then the samples obtained below this interval shall be archived pending the results from the 0-6 inch and the 6-24 inches intervals. If solid waste is observed at any interval below 0-6 inches, then the samples from that interval shall be submitted for dioxin analysis along as well as the other chemical of concern (RCRA Metals, PAH's, etc.) Within sixty days of receipt of this correspondence a report documenting the results of the soil assessment approved above, along with a corrective action plan that address any contaminated soil, shall be submitted to DERM for review and approval. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. I Mr. Alfonso, Manager City of Miami UT-3786/H W R-768 February 28, 2018 Page 2 of 2 DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCDCa,miamidade.aov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. For additional information contact Lorna Bucknor (lorna.bucknor camiamidade.gov) or Alicia Felipe(alicia.felipeamiamidade.gov) from the Environmental Monitoring and Restoration Division 305-372-6700, Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring and Restoration Division ec, Keith Ng. City of Miami — keithng(a-)miamigov.com Harry James, City of Miami - hiamesta'�.miamigov.com Michael Goldstein, Goldstein Law - MGoldstein(a,Goldsteinenvlaw.com Alicia Felipe, DERM M IAM I•DADE t Carlos A. Gimenez, Mayor October 3, 2018 Mr. Emilio Gonzalez, City Manager City of Miami 444 SW 2nd Avenue Miami, FL 33130 Department of Regulatory and Economic Resources Environmental Resources Management 701 NW 1 st Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 rniamidade.gov CERTIFIED MAIL NO: 7117 2400 0000 7835 3328 RETURN RECEIPT REQUESTED Re: Replacement Letter for DERM's correspondence dated October 2, 2018 CERTIFIED MAIL NO 7017 2400 0000 7835 3786 regarding dioxin contaminated soils located at, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT-3786/HWR-768) Miami -Dade County Florida. Dear Mr. Gonzalez: This correspondence replaces and supersedes the Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management's (DERM) letter dated October 2, 2018. The replacement letter corrects an error in the deliverables pursuant to paragraph four (4) on page two (2) of the October 2, letter. Please note that the attachments to the aforementioned letter are unaffected by this and not supplanted by this replacement. The Miami -Dade County Department of Regulatory and Economic Resources — Division of Environmental Resources Management (DERM) collected soil samples in the ROW along Williams Avenue, in the vicinity of the Fire Training facility, and at the above referenced private residential property. The soil samples obtained on July 23, 2018 and August 8, 2018 were analyzed for Dioxins. The analytical results (attached) confirm concentrations of dioxins in the ROW and in the northwestern portion of the property located at 3825 Charles Terrace above the soil cleanup target level (SCTL) for direct exposure pursuant to Section 24-44 of the Miami -Dade County Code (the Code) and above background concentrations for the area (e.g., soil boring CDC-SB-8-1-1 B (79 ng/kg), soil boring CDC-SB-8-2-2B (230 ng/kg) soil boring CDC-SB-7A (44 ng/kg) and soil boring CDC-SB-8-S-E (65 ng/kg), etc.) Please note that the above mentioned samples were collected by DERM at the request of the legal counsel representing the property owner at 3825 Charles Terrace and in an effort to assist the City of Miami (the City) with delineating the extent of offsite contamination pursuant to DERM's letters dated August 10, 2017, August 29, 2017 and December 18, 2017. In addition to the above DERM finds that although the City had implemented an interim engineering control (IEC) that restricted access to the dioxin contaminated soils along the ROW documented during sampling performed in 2017, said interim engineering control was not in place during an inspection conducted on September 24, 2018. Furthermore, to date the required source C(11'f i'11t ( G;,V(Ct� C�t(t ��'f_'1'1' �G(��� Mr. Gonzalez, City Manager City of Miami Right of Way HWR-768 and UT-3786 October 3, 2018 Pace 2 of 3 removal along the ROW has not been completed Based on the foregoing, the following is required: 1. Within seven (7) days of receipt of this letter, replace and extend the previously existing interim engineering controls (i.e., construction mesh fencing, etc.,) along the ROW to include the area extending west from soil boring CDC-SB-8-2C to the end of the grassy s. ale area (see attached Map) to restrict public access to the impacted soil. Please contact Alicia Felipe (alicia.felipe@miamidade.gov) of DERM at 305-372-6700 to schedule an inspection of the temporary engineering controls upon implementation. 2. Please be advised that the City is required to address the dioxin contaminated soils documented above, in accordance with the closure provisions of Section 24-44 of the Code; however, in the interest of expediency, to protect the residents from any potential exposure to the dioxin contaminated soils, DERM requires source removal in the areas described below: • The grassed/open-ground area north of the two housing units (north of CDC-SB- 8-S) extending from SB-8-W to the area south of the ROW sample CDC-SB-8-2C (see attached Map). 3. As previously ordered in the above referenced DERM correspondences, additional assessment is required to delineate the vertical and horizontal extent of dioxin contaminated soils at the property located at 3825 Charles Terrace. Soils shall be delineated to concentrations at or below the residential direct exposure SCTL or to background concentrations. Based on the results additional corrective action may be required. Based or, the above, within thirty (30) days of receipt of this letter, submit to this office for review a Source Removal Report that addresses the requirement of Item 2 above and a Site Assessment Report Addendum pursuant to Item 3 above. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Mr. Gonzalez, City Manager City of Miami Right of Way HWR-768 and UT-3786 October 3, 2018 Page 3 of 3 Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. If you have any questions regarding this letter, please contact me (mayorw@miamidade.gov), Lorna Bucknor (lorna.bucknor@miamidade.gov) or Alicia Felipe (alicia.felipe@miamidade.gov) from the Environmental Monitoring and Restoration Division at (305) 372-6700. Sincerely, Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ►►uwnI ec: Keith A. Ng, City of Miami — (keithng@miamigov.com) Michael Goldstein, Goldstein Law — mgoldstein@goldsteinenvlaw.com Samir Elmir, FDOH (samir.elmir@flhealth.gov) Lee Hefty, John Andersen, Lorna Bucknor - DERM Department of Regulatory and Economic Resources MIAMI•[�ADE Environmental Resources Management 701 NW 1 St Court, 4th Floor Miami, Florida 33136-3912 T 305-372-6700 F 305-372-6982 miamidade.gov July 15, 2022 VIA ELECTRONIC MAIL: anoriega(a)miamigov.com A Paper Copy of This Correspondence Will Not Follow by Regular Mail. Arthur Noriega, City Manager City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Re: Site Assessment Report Addendum (SARA) and Source Removal Plan (SMP) dated June 15, 2022 prepared by Cherokee Enterprises Inc., on behalf of the City of Miami (the City) to address contaminated soils and groundwater at the residential located, near, or in the vicinity of 3825 Charles Terrace and the City of Miami Right of Way (ROW) located at, near, on in the vicinity of Williams Avenue between Jefferson Street and Brooker Street in Coconut Grove (UT-3786/HWR-768) Miami -Dade County Florida. Dear Mr. Noriega: The Miami -Dade County Department of Regulatory and Economic Resources' Division of Environmental Resources Management (DERM) had reviewed the referenced report received via email on June 15, 2022, and offers no objection to the proposed source removal with the following clarifications and conditions: 1. The narrative description of the proposed source removal areas does not provide a complete description of the source removal areas depicted in Figures 10 and 11. Therefore, the areas subject to the source removal shall be as depicted in Figures 10 and 11 of the referenced report. 2. Confirmation samples shall be required from the base of the source removal excavation at the east of the former Area 1, unless limestone base rock is reached during source removal activities. 3. Source removal shall include any grassed or open ground areas, where source removal was not previously conducted, along the right of ways on the west side of Booker Street between Thomas Avenue and Charles Terrace, the north and south sides of Williams Avenue between Jefferson and Booker Street, the east side of Jefferson Street between Williams Avenue and Charles Terrace and the north side of Charles Terrace between Jefferson Street and Booker Street. 4. Based on the contaminant concentration in soil and the proximity of receptors (residents) within the source removal area, prior to any source removal activity, a health and safety plan (HASP) along with a dust control plan shall be submitted to DERM for review and approval. The dust control plan shall clearly address the measure to be taken to ensure that residents at the 3825 Charles Terrace location will not be exposure to contaminant concentrations that would represent an inhalation hazard. 5. DERM acknowledges that the PFAS concentrations at MWC-7 exceeds the provisional groundwater cleanup target level. For information regarding, or questions related to groundwater PFAS impacts at the City of Miami Fire Training facility please contact Nikol Havranek of the Florida Department of Environmental Protection's Waste Cleanup Program at Nikol.Havranek(a�FloridaDEP.gov. Mr. Noriega Re: City of Miami Fire Training Facility (UT-3786/HWR-798) Offsite Contamination 3825 Charles Terrace July 15, 2022 Page 2 of 2 Based on the above, within sixty (60) days of receipt of this correspondence or at least thirty (30) days prior to the start of source removal activities, whichever is sooner, submit to this office for review a HASP and a dust control plan that addresses Comment 3 above. DERM has the option to split any samples deemed necessary with the consultant or laboratory at the subject site. The consultant collecting the samples shall perform field sampling work in accordance with the Standard Operating Procedures provided in Chapter 62-160, Florida Administrative Code (FAC), as amended. The laboratory analyzing the samples shall perform laboratory analyses pursuant to the National Environmental Laboratory Accreditation Program (NELAP) certification requirements. If the data submitted exhibits a substantial variance from DERM split sample analysis, a complete resampling using two independent certified laboratories will be required. DERM shall be notified in writing a minimum of three (3) working days prior to the implementation of any sampling or field activities. Email notifications shall be directed to DERMPCD@miamidade.gov. Please include the DERM file number on all correspondence. Failure to adhere to the items and timeframes stipulated above may result in enforcement action for this site. Any person aggrieved by any action or decision of the DERM Director may appeal said action or decision to the Environmental Quality Control Board (EQCB) by filing a written notice of appeal along with submittal of the applicable fee, to the Code Coordination and Public Hearings Section of DERM within fifteen (15) days of the date of the action or decision by DERM. Technical Reports (assessment, remediation, etc.) should be submitted via email to DERMPCD(a)-miamidade.gov. For files too large for electronic transmittal, the public is requested to utilize Drop - Box or other equivalent FTP link. Please be advised that electronically submitted reports that require a Professional Engineer's (P.E.) or Professional Geologist's (P.G.) sign and seal shall be signed and sealed in accordance with the applicable portions of Chapter 471, Florida Statue (F.S.) and Rule 61G15, Florida Administrative Code (FAC) for P.E.s and in accordance with Chapter 492, F.S. and Rule 61 G16, FAC, for P.G.s If you have any questions regarding this letter, please contact me via email mayorw(c)-miamidade.gov or Lorna Bucknor (lorna.bucknor(a�miamidade.gov) or via telephone at (305) 372-6700. Sincerely, for Wilbur Mayorga, P.E., Chief Environmental Monitoring & Restoration Division ec: Keith A. Ng, City of Miami — keithng(a)miamigov.com Paula Sessions, CEI - psessions(o-)-cherokeecorp.com Michael Goldstein, Goldstein Law — mgoldstein(a�goldsteinenvlaw.com