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HomeMy WebLinkAboutExhibit 3 - Version ABrownfield Area Designation Request West Brickell View 144 and 152 SW 8th Street THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Dikgence, Development, Browifields, Cleanups & Compliance One Southeast Third Avenue, Suite 2120 Miami, Florida 33131 Telephone: (30S) 777-1680 Facsimile: (305) 777-1681 www.golds teinenvlaw.c o rn Michael R. Goldstein, Esq, Direct Dial: (305) 777-1682 Email: mgoldstein@goldsteinenvlaw.com December 28, 2012 Via Email & U.S. Mail Mr. Johnny Martinez, City Manager City of Miami 3500 Pan American Drive tvfiami, FL 33131 Re: Request for Designation of West Brickell View, 144 and 152 SW 8Ib Street, Miami, Miami -Dade County, Florida 33130, Folio Nos. 01-0205-070-1060 and 01-0205-070- 1070 (the "Subject Property"), as a Brownfield Area Pursuant to Chapter 376.80(2)(b), Florida Statutes Dear Mr, Martinez: On behalf of \Vest Brickell View, Ltd. ("\1BVL"), we arc pleased to submit this request for designation of the Subject Property as a brownficld arca pursuant to Chapter 376.80, Florida Statutes, When developed, the Subject Property will consist of 64 one- and two -bedroom units ranging in size from 639 — 939 square feet. This important project, which will offer critical housing on an affordable basis, is situated in a neighborhood desperately in need of redevelopment as evidenced by the fact that it is located in both an IRS Section 43(d)(5)(C) Qualified Census Tract and a Neighborhood Stabilization Program Target Area designated as having among the highest levels of poverty and unemployment. To that end, the units at West Brickell View will be provided to households earning up to 60% of the County's median income, with an additional 10% of the units being restricted to households earning no more than 28% of the County's median income. The National Association of Home Builders ("NAHB") issued a study in 2008 that analyzed the impact of affordable housing communities on the local economy. The NAHI3 study demonstrated that the first year economic impact of a 100 unit affordable housing community is $7.9 million in local income (wages for local workers and profits for proprietors and other small businesses in the area), $827,000 in taxes and other revenues for the local government, and 122 jobs. (00003446.DOCX. 1 ) \tr. Johnny '.hu•tincz, City \•tanager December 28, 20l2 • Page 2 \s noted. above, West I3rickell Vies is a G-I-unit development. Accordingly, it is estimated that this project - with a S22 million capital cost - will therefore provide S529,280 in taxes and other revenues for the local government annually and over 78 jobs during construction of the project. Additionally, local small businesses ill also benefit annually, with carpet companies, landscapers, washer/drver companies, painters and other vendors hired to maintain the Subject Property, \' B\`I.. is applying for a brownficld area designation because environmerir:d assessment activities to date have documented multiple discharges of petroleum contamination adjacent o:: ill close proximity to the Subject . Property that impose :a material level or regulatory, construction, health, and legal liability risk, severely complicate redevelopment efforts, and require significant time and money for technical and legal consultants to properly investigate and address. Accordingly, the designation, if granted, will allow VGAL to access a relatively modest but still important state -based economic incentive to help underwrite the unanticipated and unbudgcrcd costs associated with managing the perceived environmental risk as well as, generally-, to put the project to more certain financial ground. In this sense, the clesigilation will nor only play a critical role in the successful redevelopment of the Subject Property but also in the larger revitalization effort for the community in which the Subject Property is located. In light of these facts and circumstances, we respct:ttially retitle.!: that the Office Of the City Manager review the enclosed Statement of Eligibility and brim this application for a browniteld area designation before the Nti:urii City Commission with a recommendation for approval. As you and your staff evaluate the materials we submit today, please feel free to contact us with any questions or should you require additional inForma don. Thank vou. Very grub yours, THE GOLDS EI,I ENVIRONMENTAL LAW FIRM, P.A. Michael R. Goldstein rtl t'{y Encl. cc: Alice Bravo, Assistant City Manager West I3rickcll View, Ltd. (00003445.00Ca. 1 Attachment A {00002394,DOCX.1 1 Brownfields Designation Eligibility Statement West Brickell View Apartments 144 and 152 SW 8th Street, Miami, FL 33130 Folio Nos. 01-0205-070-1060 and 01-0205-070-1070 The proposed development and construction by West Brickell View, Ltd. (the "Applicant"), of the West Brickell View Apartments (the "Project"), located at 144 and 152 SW 8th Street, Miami, Miami -Dade County, Florida 33130, Folio Nos. 01-0205-070-1060 and 01-0205-070-1070 (the "Subject Property"), as more particularly described in Exhibit A, satisfies all five of the applicable Brownfields designation criteria set forth at Section 376.80(2)(b), Florida Statutes, as demonstrated herein. I. Analysis of Five Main Statutory Criteria for Designation 1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida Statutes § 376.80(2)(b)(1) provides that "[a] person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site." The Applicant satisfies this first criterion in that it owns the Subject Property, is requesting that the Subject Property be designated a Brownfield, and has agreed to redevelop and, as necessary, rehabilitate the Subject Property. Copies of the Warranty Deeds for the two parcels comprising the Subject Property are enclosed as Exhibit B. 2. Economic Productivity. As the second requirement for designation, Florida Statutes § 376.80(2)(b)(2) provides that "[t]he rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the rehabilitation agreement or an agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks." The Applicant satisfies this second criterion in that the total capital cost of the project is estimated at approximately $22 million, with a material portion of that amount being spent .on local labor, contractors, consultants, construction materials, and impact fees. Furthermore, it is estimated that the Project will generate approximately $529,280 in local real estate taxes and other fees and revenues. When fully developed, the Project will have supported over 78 temporary construction jobs. Such job creation will result in the payment of significant payroll taxes and salaries, which, in turn, will benefit the local economy and increase the productivity of the area. (Because rehabilitation and redevelopment of the Subject Property will provide affordable housing as defined in Florida Statutes , 420.0004, there is no permanent job creation requirement.) 3. Consistency with Local 'Comprehensive Plan and Permittable Use Under Local Land Development Regulations. As the third requirement for designation, Florida Statutes § 376.80(2)(b)(3) provides that "[t]he.redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations." {00003444.DOC. 1 } The Applicant satisfies this third criterion in that redevelopment of the Subject Property is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations. In fact, the Project has already received site plan approval and all related development approvals. Evidence of Site Plan approval can be found at Exhibit C. 4. Public Notice and Comment. Florida Statutes § 376.80(2)(b)(4) stipulates that "[n]otice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subsection must be made in a newspaper of general circulation in the area, at least I6 square inches in size, and the notice must be posted in the affected area." The Applicant salis es this fourth cnterion in that it contracted to post the requisite notice at the Subject Property and publish the requisite statutory notice in the Miami Herald. Notice by posting will occur on December 28, 2012, and by publication on December 30, 2012. In addition, the Applicant will hold a community meeting on January 8, 2012, at a publically accessible location in the vicinity of the Subject Properly for the purpose of providing those receiving notice additional opportunity for comments and suggestions about rehabilitation. For a copy of the notice to be posted and published as required by statute, please see Exhibit D. Evidence of actual posting and publication will be provided to the City once both AVM of notice have been completed 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes § 376,80(2)(b)(5) provides that "[tNhe person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment plan." The applicant satisfies this fifth criterion in that it has secured all of the capital necessary to fund the project, including but not limited to S20,400,000 Low Income Housing Tax Credit Equity from Florida Housing Finance Corporation and $870,000 in local subsidy provided by Miami - Dade County. II. Definition of "Brownfield Site" in Chapter 376.79(3), Florida Statutes Although the five criteria discussed above do not expressly reference contamination as a specific element that an applicant must demonstrate in order to be eligible for a designation, such a requirement is inferred by the multiple references to the term "brownfield site" throughout Chapter 376.80(2)(b), Florida Statutes. A "brownfield site" is defined by Chapter 376.79(3), Florida Statutes, to mean ". . . real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination." Accordingly, the key element of this final level of analysis is whether the Subject Property can be said to fall within the definition of a "brownfield site." That is, do the facts demonstrate that either actual or perceived contamination has complicated, is complicating, or will complicate expansion, redevelopment, or reuse? In this instance, the dose proximity of two retail fueling stations with documented contamination in soil and groundwater and the significant and very real complications they pose for redevelopment and reuse answer the question in the affirmative. (00003444.DOC. 1 } "Brownfield Site" Analysis The facts here clearly evidence that the Subject Property falls with the definition of the term "brownfield site" as set forth in Chapter 376.79(3), Florida Statutes. Specifically, a review of applicable environmental regulatory agency databases reflects a history of spills and contamination discharges in close proximity to the Subject Property. We discuss two such incidents in particular that have created acute regulatory, legal, construction and budget risk for the Applicant. First, as reflected by the records enclosed at Exhibit E, in June of 1987 and April of 1993, significant discharges of petroleum related products occurred at a Citgo fueling station directly adjacent to the Subject Property at 190 SW 8`h Street. The Citgo was reported to contain three 10,000 gallon gasoline underground storage tanks ("USTs") and one 1,000 gallon waste oil UST. Due to the financial status of the responsible party and funding limitations at the state level, no adequate investigation of the extent of contamination or off - site migration has ever been performed and the commencement of cleanup is not anticipated to occur at any time in the foreseeable future. In the meantime, contamination in the subsurface continues to spread unabated. Although it is not clear whether the groundwater contamination has actually migrated onto the Subject Property, given its proximity to the source of the release, such a result appears at the very least plausible and has placed significant financial burdens on the Applicant to plan accordingly. Moreover, in the event that impacts from the petroleum discharges are, in fact, encountered by the Applicant during development, yet additional significant costs (and perhaps construction delays) will be incurred to properly manage contaminated media and construction effluent. This contingency planning adds to the expense, complication, and legal risk of the Project and goes to the heart of environmental perception risk that the Florida Brownfields Program was enacted to mitigate. Second, as reflected by the records enclosed at Exhibit F, a release of petroleum contamination into the environment occurred in August of 2003 at an Exxon fueling station located within approximately 300 feet of the Subject Property at 720 SW ri Avenue. The Exxon facility reportedly contained three 10,000 gallon gasoline USTs at the time of the discharge. Specifically, on August 17, 2003, it was discovered that an estimated 2,000 gallons of gasoline was discharged from faulty product piping at the Exxon site. Site rehabilitation activities are ongoing but petroleum impacted soil and groundwater remain present. The close proximity of a second contaminated gas station creates yet additional complication and risks for development of the Subject Property, including risks associated with perceived human health exposure issues and market acceptability by the Applicant's targeted demographic. Ensuring protection of human health and contracting for assistance by qualified environmental professionals in order to provide clarification and reassurance to future residents regarding contamination and regulatory matters adds a layer of significant expense and complication that would not be incurred at a "greenfield" property. The Applicant has demonstrated that it meets the five statutory criteria for designation of the Subject Property as a brownfield area as set forth at Chapter 376.80(2)(b), Florida (00003444.DOC. 1 ) Statutes, including the threshold requirement at Chapter 376.79(3), Florida Statutes, incorporated by reference at Chapter 376.80(2)(b), Florida Statutes, that the property for which the designation is sought meet the definition of a "brownfield site." {00003444,DOC. 1 } Exhibit A {00001271.000(.1 } Legal Description West Brickell View Apartments Lots 6 and 7, Block 57 South, CITY OF MIAMI, according to the Plat thereof as recorded in Plat Book "B", Page(s) 41, of the Public Records of Miami -Dade County, Florida, LESS: The North 10.00 feet thereof. (00003451.DOC. I ) Exhibit B c00003.271.Docx.1) 111111111111111111111111111111111111111111111 CFN 2012R0639533 OR Bk 28263 Pes 4303 - 43041 (299s) RECORDED 09/10/2012 12:O1i18 DEED DOC TAX Vt750,00 SURTAX 7,312.50 HARVEY RUVIN, CLERK OF COURT hIAtI-DADE COUNTY, FLORIDA Tax Folio Number: 01-0205-070-1080 WARRANTY DEED This Warranty Deed made the 6 day of September, 2012, by 144 SW 8 Street LLC, a Florida limited liability company, hereinafter called the grantor, to WEST BRICKELL VIEW, LTD., a Florida limited partnership, whose post office address is clo The Richman Group of Florida, Inc., 477 S. Rosemary Avenue, Suite 301, West Palm Beach, FL 33401, hereinafter called the grantee. Witnesseth: That the grantor, for and In consideration of the sum of $10.00 and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate In Miami -Dade County, State of Florida, viz: Lot 8, in Block 57 South, of CITY OF MIAMI, according to the Plat thereof, as recorded In Plat Book "B°, Page(s) 41, of the Public Records of Mlaml-Dade County, Florida, LESS: The North 10.00 feet thereof. Subject to conditions, restrictions, reservations, limitations, easements, zoning ordinances of record, provided this reference shall not serve to reimpose same, and taxes for the year 2012 and subsequent years. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. IN WITNESS WHEREOF, the said grantor has signed and sealed these Book28263/Page4303 CFN#20120639533 Page 1 of 2 presents the day and year first above written. Signed, sealed and delivered in the presence of: 144 SW 8 Street, LLC. WITNESa 6 PRINTED SICitNATURE (OL WITNESS PRINTEI SIGNATU E 41(2' STATE OF FLORIDA COUNTY OF MIAMI-DADE OR BK 28263 PG 4304 LAST PAGE BY Lord M. Toussaint —Sole Member/Manager / 9 z S"4sPic,e4rs A', c 2v02 ,Ce- 3/1-1 POST OFFICE ADDRESS 1 HEREBY CERTIFY that on this day, before me, an officer duly authorizedin the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared LORD M. TOUSSAINT, as Sole Member/Manager of 144 SW 8 Street LLC, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal In the County and State last aforesaid thls day of September, 2012, This Instrument Prepared by Gary R Martin, Esq. 250 Catalonia Ave. #303 Coral Gables, Florida 33134 Notary Signaturerr I90 1`y g hCi✓`tfil Printed Notary Signature r-44 rrts t r cwlM R. itAXIN urCUMMON DO 9247 EalffitComte 5,2013 Bm&rJ ihJ lkhrj' P:dk Uldtlsfkr{ Book28263/Page4304 CFN#20120639533 Page 2 of 2 111111111111111111111111111111111111111111111 CF'1 2012RO639534 DR 8k 28263 Pss 4305 - 4306; t2Pss} RECORDED 09/10/2012 12:01:18 DEED DOC TAX 91750.00 SURTAX 7,312.50 HARVEY RWIN, CLERK OF COURT HIANT—DADE COUNTY, FLORIDA Tax Folio Number, 01-0205-070-1070 WARRANTY DEED This Warranty Deed made the 6 day of September, 2012, by 152 SW 8 Street LLC, a Florida limited liability company, hereinafter called the grantor, to WEST BRICKELL VIEW, LTD., a Florida limited partnership, whose post office address is cfo The Richman Group of Florida, Inc., 477 S. Rosemary Avenue, Suite 301, West Palm Beach, FL 33401, hereinafter called the grantee. Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Miami -Dade County, State of Florida, viz: Lot 7, in Block 57 South, of CITY OF MIAMI, according to the Plat thereof, as recorded In Plat Book "Er, Page(s) 41, of the Public Records of Miami -Dade County, Florida, LESS: The North 10.00 feet thereof. Subject to conditions, restrictions, reservations, limitations, easements, zoning ordinances of record, provided this reference shall not serve to reimpose same, and taxes for the year 2012 and subsequent years. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. IN WITNESS WHEREOF, the said grantor has signed and sealed these Book28263/Page4305 CFN#20120639534 Page 1 of 2 presets the day and yearfirst above written. Signed, sealed and delivered in the presence of: WITNESS6 cuLy j S _ id 1t YtR 11 PRINTED SIG ATURE ? ,-jin PRINTED SIGNATURE STATE OF FLORIDA COUNTY OF MIAMI-DADS OR BK 28263 PG 4306 LAST PAGE 152 SW 8 Street, LLC, By --%--,�. Lord M. Toussaint --Sole Member/Manager // eiec ,4c� 1-7i.v�� 33/ZG/ POST OFFICE ADDRESS 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared LORD M. TOUSSAINT, as Sole Member/Manager of 152 SW 8 Street LLC, to me known to be the person described In and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and officiaf seal in the County and State last aforesaid this t day of September, 2012, This Instrument Prepared by Gary R Martin, Esq, 250 Catalonia Ave. #303 Coral Gables, Florida 33134 Notary Signature Lw Printed Notary Signature pLtrti3O COMYS0C+1 # CO few alma War,�y� N,• EXP(BES: Deosmbe:5, 2013 ea+�ar� y uteo,�,toi Book28263/Page4306 CFN#20120639534 Page 2 of 2 Exhibit C (00001271.DOCX.1 } 2011 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF STATUS OF SITE PLAN APPROVAL FOR MULTIFAMILY DEVELOPMENTS Nano of Development: \Yr sr.rlckell View Apartments Vssf i f. otne tbt r U}sttrur Cytra AFpik.tion) 144 SW 8th Street, Miami and 152 SW 8th Street, Miami Development Location: (Al a enldason4 provide tto address an pled by the United Slates Penal Service, toclodbig the address number. wen acme and sly, or if the xtdttss has ant yin been a aslin.d provide (0 the stsW mar, closest deatgmted fatcnatfoa and city itloatcd within a c icy or (aQ tan tared aunt, closest dcsignattd fanned tea and county ft coated to the unlxorpen led yea of its county.) Zoning Designation: rG 24 0 Mark the applicable statement: I. la The above -referenced Development is new construction or rehabilitation with new construction and the final site plan, in the zoning designation stated above, wets approved on or before the Application Deadline for the 2011 Universal Application Cycle (as stated on the FHFC Website ]trip//apps.floridnhousing.orgfStnudAlone/FHFC ECIVUContentPage.nspx?PAGE=0238)by action of the (Uglily Authorized 'Body". The above -referenced Development is new construction ornimbi !Ration with new construction and (i) taus jurisdiction provides either preliminary site plan npproval or conceptual site plan approval which has been issued, or (ii) site plan approval is required for the new construction wod ; however, this jurisdiction provides neither preliminary site plan approval nor conceptual site plan approval, nor is nay other similar process provided prior to issuing filial site plait npproval. Although there is no preliminary or conceptual. site plan approval process and the fnal site plan approval has not yet been issued, the site plan, in the zoning designation slated above, has been reviewed. The necessary approval/review was performed on or before the Application Deadline for the 2011 Universal Application Cycle (ns stated on the FHFC Website littp://apps.floridahousiug.org/StandAlone/FHFC by OfaaceofZoning (L Uy Autism -iced Body) 3 U The nbove.refcrenced Development, in the zoning designation stated above, is rehabilitation without any new construction and does not require additional site plan approval or similar process. "Legatty Au he iud Baty" i$ act To tadivtduat AppUedal tract ttvc at aunt otibe City Couocs., County Cc=isttoq Bond, Disput ru, Dnisioa, tic, with authority ostr Inch matters. CERTIFICATION I eertifytlaatts i y '•nary of Kim' hes vested in rue the authority to verify status of site plan ppr6al t2;1aaefCSyorC3 •as specified abo and I fitrtber ctrtify that the information stated above is true and correct. Eatnnby Mtn, Zoning Administrator Print of Type Nance and Title This eertiQc.attoo rnttst be good by kp.apptkabk City's a Cwoty'I Director of PlUeadng sad Zeming, chief appointed ofacW (tuft) :apoas'u!c Rat detamidsttoo of tssua ud tgstae-plin:cravat, City Manager, or County Waimea/Ad infra: irateotnocdiaarer. Sagnanots bozo local tleeucd ori!cfana arc mt accepabk, nor an tones. LC this eesdaeataon is applicable to this DesetosnuCli ud tt is tnapptopelusly tip td, tie AppllaUoo mL till to ttcti thnsba. If clue eoarains eorrettioat or 'uttte-0ut', et tf it is staeotd, Longed, allatd, or reaped, the them tv1U not be (atadcatd dad the Applialio tali to nut Uaetbold. 7be ccnifleatioo any bt pbotomptcd. 016 (Rev. 2-11) 67-41A:4(IW 67•] l.tdX1 Xs). F.IC, Provide Behind a Tab Labeled "Exhibit 26" •Exhibit D (00001271.00a. 1 NOTICE OF PROPOSED BROWNFIELD AREA DESIGNATION REPRESENTATIVES OF WEST BRICKELL VIEW, LTD., WILL HOLD A COMMUNITY MEETING ON TUESDAY, JANUARY 8, 2013, FROM 5:00 P.M. TO 7:00 P.M. FOR THE PURPOSE OF AFFORDING INTERESTED PARTIES THE OPPORTUNITY TO PROVIDE COMMENTS AND SUGGESTIONS ABOUT THE POTENTIAL DESIGNATION OF PROPERTY LOCATED AT 144 AND 152 SW 8114 STREET, MIAMI, FLORIDA 33130, AS A BROWNFIELD AREA PURSUANT TO §376.80(2)(B), FLORIDA STATUTES, AND ABOUT DEVELOPMENT AND REHABILITATION ACTIVITIES ASSOCIATED WITH THE POTENTIAL DESIGNATION. THE COMMUNITY MEETING WILL BE HELD AT THE HAMPTON INN BRICKELL, 50 SW 12114 STREET, MIAMI, FLORIDA 33130, AND IS FREE AND OPEN TO ALL MEMBERS OF THE PUBLIC. FOR MORE INFORMATION REGARDING THE COMMUNITY MEETING, INCLUDING DIRECTIONS, OR TO PROVIDE COMMENTS AND SUGGESTIONS AT ANY TIME BEFORE OF AFTER THE MEETING DATE, PLEASE CONTACT MICHAEL R. GOLDSTEIN BY TELEPHONE AT (305) 777-1682, BY U.S. MAIL AT THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A., 1 SE 3RD AVENUE, SUITE 2120, MIAMI, FLORIDA 33131, AND/OR BY E-MAIL AT MGOLDSTEIN a,GOLDSTEINENVLAW.COM, {00003455.DOC. ) Exhibit E (00001271.DOCX. 1 } Ait • S- imi�,i..r,Ali'i'M �,�'a.,:�y,?J'1}��TA.✓: 1•••✓µ" a3y Department or Ernircrcental Raging EARLY DETECTION INCENTIVE '•u konrICATZON APPLICATION DRAFT 6-19-86 Uas this fora to notify the Department of Environmental Reg.dation of petroleum contaninatien problem ` Thls fors is required to determine eligibility for the EDI pccgram. FOR HaTIFICATION PURPOSES QXLY. PEASE PRINT OR TYPE Put "X" *hero gnawer la unknown. 1. (lumina-ea/Site Name: C\„lNQ1(1-On }-A(�,� , •141-1(n 1 8ueinese/Sits Opera tar: 2. Date of diem:Nary: / 3 - l03 49 1 -�-- 81.4lnese/Site Owner: 0,\j4c .(t"-Cj••1 L_e C-,‘A Yn^` Property Owner: 1 S �C1 �rY} Businer�/Site Address: 1 0 4 L 1, B �kC� Y i <<.Q ✓t'' r • Telephone Huebert L'r?-�•7 - 12r1 r)/ County (Ehdineee) (Hoge) Msilinq AddrraerCPCJr-5, _I,yt % .�%�(?/���%/111tiant� rFi i 1,D± �i4f'tw e (month/day/year) 3. Hare you previously reported thin diechargo to DER7 /"k No C1 Yea 4. Method or initial dis.-ovsry (circle one en1Y) A. Automatic detector In grtursd, monitoring E. Inventory control Hell, or containment F. Odor ar visible signs at facility or in 8. ti'PA 329 tent (underground Garke Dz1y) vicinity X ' ni tent or monitoring ve11a(s) G. Other (cpL in) C. Emptying aM inepeet.im S. Estimated rr-mber or gallons lout: f) 6. What pert of the storage zynters is leaking? (circle all that Has the eyetce been repaired? 1 1 No I: Yes 7. Cause of least (circle all that apply) Pining Unknown B. Split C. Loose Connection 0. Other If a tn� nk is leaking, A. Aboveground 8, Factory welded C. Field erectao D. Underg:o,rrd Unknown Tank G. Split H. Ccrcaion 1. Puncture apply) A. Dispenser 8. PipeC. Fittipg D. Tank E. Overfill 0 Unknown .3. Inatallatici failure P. Overfill R. Acziderrt R. Other circle the choices which describe the type E. flare cr aaphelt—cntad tared 1. repressed currant typo F. Flberglsse-clad steel G. Fiborglace H. Sec:ifical anode type • 9. Typo of product dizmhargod (circle one) A. Leaded gasolino B. Unleaded gasoline C. Gasohol or alc:hol-enric'ied gasoline D. Yohtnrler diesel E. Aviation fuel • 10. DCR Facility Huxoer 11. DER Tank hhber it yes,date cr report and to rhos J. Double walled K. Abandoned ar out of aarv.tce H. Other ar unknown K. Kerosene L. Deed oil H. General diced Y. Other Z. Ur mown (esplaii) may JUU 22 tl BUREAU OF RESTCIRATIOii 1.2, TO THE BEST CF HY KNOHLE3)GE ANJ BELI—ALL 1/FORHATIGN SLBHITTED Dv THIS FDA 15 TRUE, ACCURATE ALO CDNPLETE. _ (explain) (explain) Signttura of Person CmpleY:in; Fca Title Date azda Yt .• 5 Delo d receipt d test results or disc.,ery s. Method d t-vtral dsca,ery (circle one only) A. Liquid detector (aulomatic or manual) a Napa detector (auternalic or manual) C. Tightness lest (underground tanks only). 3 7, Estimated number d gallons dlkv c5CQed_ 6. What part d storage system has leaked? (circle an that appry) 9. Type cl regulated sutztutco dstarQed, (orde cot) A. leaded gavine D. yc-hrtiv dose( L usedJwraa cat 8 urJcaded gasoline F. aviation gas M, de;ei gasohol G. )el fuel O. reTvltube al IC use of leak (ante all that apply) C.I.$)Unknown C. Loose connection E. Puncture a Spirt Q Coucc•ori F. lrrala!ion faCura 11. Type ci financial resper ity. (circle one) A. Third party rnsuianco pranced by the state mass contract( ®Self•irw,ulane pursuant to Chapter 17.769500 F.A.C. 4 Facility Name Fautrty Owner or Operator Facility Address c7 GG TetepJnore Num �s fQJ:)T 5c J ` L County dw~ �-•-7- • .' rnt Florida Depart' of Enuirotirn�ental Regulatf' ti x4. /`' 0.:A Twin Ttrwcn onkc Olda 0 IGoo DWI sonc Rosd 0 TYJIihuscc, rwnd 52399 ]400 rd Discharge Reporting Form FooFcrirg Fon% Lba..Oa Near -tor '0 1093 R•...c.v. kat Use Ns form to nobly the Department of Ennrormenial Regulation d 1 Resuhs of tank tightness testing that exceed a!•w.able Iclerances within ten days of receipt d 1es result. 2 Pesicre n ca barges excood+rq 25 gate(' on pe+vac s surtaces as des i nbed In Section 17.761 460 F A C. rrnthin one v crkx day d doco 3 Hazardous substance (CERCtA regaled); discharges e:.eeding appicat ie repo/tat re cuanttes Paitj, ed in 17.7614,,SiV) FAC.. ((thin one working day ci the discovery 4 Within one viorking day c( discovery al suspected rereases cordumed by (a) released regulated substances or pollutants drscrxered rn the surrounding area (b) unusual and unesdaned storage system operating COndr12JnS. (c) mon^onng resurs from a leakdetecjon method or (son a tank closure assessment that rnd•cale a release may hahi occurred, or (d) manual lank gaupng results for tanks ci 550 galloru or less. er eeding ten gallons per weekly test or live ge,,ors averaged veer lour cOnsecwve weekly tests. Mail to the DER Distnd Office in your area ked on the reverse sde d ors form PLEASE PRINT OR TYPE �1-1jCoomplete an applicable banks�jr� 1 DER Facility I{) Number 1 g50 T ` t 2 Tank NI mbar• a Date. 'a 01 f cYu3U / r uSA l 0 .a.JSi'" If l'r i cz,rm-t L_3a1i0 Dpos Ma3inq Addiess: o sSosji ( ilteD 3 3o ts 0. Empythg and Ins,peolion.. rr E. (memory conuar. monWdayfyeat Vapor a v+st1e ngr* ci a dscharge t t the rionty. a Ct eurr (explain) H. other S" A. Dispenser a Pipe. C. Firing 0, Tank °Unknown V hazardous substarce rnCudes pest'odess. amrrrria. chlorine arxf derma: (write in u z r re or Cher ; ;,al Ahraz Serysce CABS number) L other (write rn name) G. Siy I. Other (spec H. OnerfeJ C. Not apptcate D. None 12. To the beet of my knowledge and belle( 411 Information aubm(tled on L,f-Ciz=LE Printed Name d Owner. Operator or Autnximd Reprmenlntivo “c r-.. Nona v1.,111 - ....I AV nT sun... Dana 'vs m .+,r�nMvb .lTTa Cowl. Dona XT., Won INC) ro form la true, accurate, and complete. gratur0 d Owner. Opera:cr or Atifhorized Representaife 7ni...0 Dana 622 Ad a.O.:bun IX O r111 z.0 , b+Y a. J1ou L i 7t91 s..-coas 'xn3 Ca... M i 6.rJ+ •.a Ir• n0.� I1eJt 441 tRr 2nd AVENUE SW 8Eh STREET 181 ASPHALT Mw-o UW-13 Tw-0 RW-1 1111- JO� C PuuPe 1 4.135 2 LEGEND ® MONITOR WELL x RECOVERY 'WELL SURFACE DRAIN FUEL DISPENSER ISLAND —4.72 — WATER TABLE ELEVATION FLOW DIRECTION ( ) 4.82 DEL01 ASPI IALT ((44 SCALE 1 g i01t cult cal COffPOIJH 1 J WATER TAB1 ELEVATIO1 'FELL FEET M)?—I ItR-2 1rR-3 11W- 4 MR-G MW-0 I1IT-7 11W-0 11R-0 11R-10 M1 -11 I{W-13 i(Tr-14 1(0- 10 MR-20 ux-21 it w-22 4,02 4.82 4.81 4.63 4.116 4.02 4.00 21A 4,03 4.01 4.03 NA 4.68 NA 4.04 4.02 NA FIGURE 2: GROUNDWATER ELEVATION MAP 00/01 /94 PREPARED 700 CIMVRON 847671 i A 11IA)II,0 1. 111 0 HIDA ET Fri Mr/ u9TIO 4 i 2nd AVENUE SW 8th STREET ASPHALT 10 1m 7 zT-0 x•14 -14 R9LL-I I CxuutND W-19� s.-) t F1tS-T-L 3(v-6 I1ar-12 u�^ �4.FUAREIU./Y,t 0 `\. %6 770 12,070 1 0-20 1! —10 ITY .En . ASPHALT uN-7 �._— ASP1LlLi`--� LEGEND ® ItONITOR WELL IICCOVERY WELL SURFACE DRAIN FUEL DISPENSER ISLAND DENZENE CONCENTRATION (j /1J,) TOTAL VOA CONCENTRApoN JjtLB/1J 11T0E CONCENTRATION itteL REY DIICRD't/OH DATE APPIIO521) SCALE Kltm°q0t1 FIGURE 3: TOTAL VOA CONCENTRATION 1 O9/01/94 CBSVRON 147671 190 A&111..P©�STRA El iRIATtD g� Exhibit F {00001271.DOCX.1 1 I"T Storage Tank System Leak Autopsy Report Form V //0 9 Please cock all blocks that apply fnr Ste eatfrs foac Otte tniksrnsaiian Peclitiy kerne Facility (0nty IS-Deva Name Q�e . f vt hvoin '(�priov4� *O L Svistem fnfornntfon (At the Time of Release) Tank Type • :.. . Elcraga Tank C :.....:.. .:,.:. Atovalgrou Stare Tank L, Fisid et+ec�ed Above{�rottrsd Storage Tank Tank trtan Dot oo� if Unknown)Tank lyt� Name: �( _Note _Mote It Unknown) Pt trsatailatiart Bata (Note If LFnknawn) Pl�tlr g hanufac3su¢T Name: p to S : ,4 tp 44t4 (i fe 1 Urddcowrt) Salt ' `! 16c�or wta ri,;a: a4*tron'FRP Please check all bloc3ci that appiy mr 8tt entire form en "1 Mittsrtai Steel Oalverrized Mortises t) c Steel .... Approved tlyincteta u P=nene n i u . n 0 0 3 0 Other Attributes Sacrificial Anodes impressed anent System Internal Lining WsA die Weil (same material) Double wall (different material) Secondary Centalrunent wtth a her Other Approved (Tank Bladders, etc.) Corpartmented r, 0 0 0 0 0 Anon Egtdtx,ent sal Cottfetmnerd stdoat No SOH Containmerd Unknown overfill Phan Bail Chad Vales Row Strut•Otf No ovetfii„ Unknown c ti Materiel Steel Poly sthylena =coved Synthetic 6ut and Cover Unknown u n Dater Arirfbuiss �brlcatad Synthetic finer beneath tank (8C) Coricnsta beneath tank (SC) D ut aW Internal Secondary Containment Other proved Secondary 'm8� tit 0 0 0 0 r Ancillary Overfill Fkrw A1ann 8ystam Single War( Gaups OtherAweoved No Overfill Proton Spa Cont. Oct Shop - No Spiti !.r it r Synthetic Dike Field U Conaste Dike Reid Liner n ❑ Outer Approver! Oike FEsid Wier ve orttsinn•ent around plains —AST or UST 0 No Dike Field Secondary Containment I maimed I I Otter Abs*ttrtut I 1 Ancl1)ny Equiv./tort 1 C ' Galvanized Steel n i:xtarnal Coating u Fib fsss '� Ca�nta trY" i.: &at rial Modes u impressed curssnt System 8tncie Wall aV Dispenser fie) a No Dlapenser Sumps J Unknown Steel Syntetc C Mar Approved -Unknown • Other Approved Secondary Containment Sox Liner u NoW)rssasatzed except when to use :1 Double Wail same 1 Double Wail mate -Secondary C with a War 1 Unkrcavm 0 Single check valve a Foot Valves Unknown S, Mechanical Line Las3c Detector (UD) 0 Suction Electronics Mantfaided O Urtimovin Bulk Product No Una Leak Detector kY &nail Diameter System no contact wit C Over surface Water keiLiallkgsin UST -Pi:dental interstitial a herArc�e c�rowdwster hSCNlorhm to Vapor Monttartnq welts 0 FIR ATO n Tank TTtsss Ted Per inventory Roc illation n AST interstitial Monitartng Piping 0 Groundwater Monlexing Was Vapor Mu ttat° Wells 0 (3ro uncti Watering Wells c Vapor Mortaring Was ❑ 0 Vapor • • ••• Probes Miter - • • ❑ Manual Tank Gauging tVtauat Irtnpealarrs ,i ' a er Approved Methods tGround =tar Soli n 0 n Visual Cable Systems Ftenoptto Techagles SPCC Plana Tank Shell it nttoring System ❑ , Vapor Monitoring Probes ri Tracer Technology ce Visual ir>specdcna n Cabta Systems D Pressure Tests tall t3 Pnasaure Tests al" ttlechanlcal Una Detectors 0 r. Other Approved Methods BfgEnintontia a Automatic Line Leak Detectors 0 - Other Approved Methods to I( SZ Doctsf resallettst subelen:;ra arced: (check oral Gasoilna n a sal Drinking waterwett(e) r.: surface water Ls Other c kerosene ❑ Jet fuel Aviation gas gy m; C Gasohol ;J Emergency Generator Diesel Fuel a Heating oil C. l substance h tie 6 a 8 Residual- Ma c 0 1 c c u Usad/waets ail Nem/tuba sit Mineral add Fermium Contact Water Pesticides Marine Campo Oda Ammonia Compounds Fetnoteum Derivative Products Other Unknown :.: a: • • of Alscovory *f th e Detection Mods creteosogiomothrzatest 1 • fxawr8 tr ac e u Removal ❑ Installation or Upgrade Priperty ❑ V uaf monster O 0r 0 Water In Tank rl Tank cr LineTlghtness Testing Performed for Dater Reasons r. ` Irttannal Inspection n Unknown n Omer 0 n 0 0 r5 0 Inventory Racirtofflation Manual Tank Gauging Groundwater Mcnitortrtg Vapor Moratortng 8econdaryfInteratti al Monitor nn Annual or Regularly Scheduled Tank Tightness Teem, Annual cr Regularly Scheduled Una Tlghtsese Testing SIR ATO Analytical tests or samples V Methanicai LLD E10 c LLD 0 0 Visual Iron of ASTa for -Visual b 3pe on of li8te 0 4' 0 rJ CI 0 Tracer technoiegles Bulk Product Piping Pressure Tests Tectut o gfss Other Approved Methods Vapor t fn9 Probes Other Pld the meths! of Leak Detectigfl relleslpn for =mama nu . . Has what wsa the method roller on for canutilance aunignea?. a 0 0 ❑ 0 U8T222112 tait4yizt t�? � enta l Diameter Ptah a7C•O,onnectOr UST Vaat Line UST n1 rye UST �e Pump Wide fT. . . :.✓ .:. ..: Other line Leak Detect IJ r, n c c e Sty-Fahrtcatad AST Reld-erected AST Bulk Product Piping Realm Valves (ASTa) �a � Buik Product Dacdr P ng (conterted to ASTa) Hydrant Ph ( systems) AST Vents 0 ►,00seansponent (filter, piping connection, burgetc) u Improper lnstailatSon Corrotion n Sp n Vehicle Accident i kricttrfe 0 Overt9l ❑ Physical or Mechanical tit k Matertsi Fallwo (crack, spilt, eta) I : Weather t:' Human Error 0 Material tnaornnetabtlfty c Unknown G Vandalism or Ma+ldoua Intent u Oher C FlralExplaslon itakirse. tdentlfted I»� -Yriel=f ratcT 0 tiv�Setvtce Contactor State Inspector f do trt r l tit #i� • (Attach Photos If eveliphIt vj Local Government Inspector 1i Outer BIONNI )RB: Ot6 t AFF'LILIATION: al* ittaii 1)14.k Oa t MIAMI-DADE COUNTY, FLORIDA ENVIIIONIEDidu. RESOUR stmoristorr POLLUTION CONTROL DMmoN 33 &W. 2n1 AVENUE sIVE 803 &W 1, R MA 331a01540 (308) 372 8817 September 11, 2003 Marshall Mott -Smith Storage Tank Regulation Section Department of Faviroumeatal Protection Twin Towers Offux Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Re: Flexible Piping Failures Dear Marshall: Attached please find documentation far one Seaaib1e piping discharge and one flexible piping incident in Miami -Dade County. If you have any questions or need any further information you may contact me at (305) 372.6715. Sincerely, Christopher Caporale, P.G,, Chief Storage Tank Section &closures (2) Discharge Report Form PLEASE PRINT OR TYPE Instructions arc on the reverse side. Please complete all applicable blanks .1. Facility ID Number (if registered): `t O E DE' Farm ri 62.761.96tN 11 Forrn Tiut, Distb ee Rana F;rn ERcetive Date 2. Date of form completion: O 2 / / 03 3. General lnformatiou r r , n Facility name ar responsible party (if applicable): Facility Owner or Operator, or Discharger. a y o r e. 0 Contact Person: ea rJ n'i to r N 4 Facility or Discharger M 'ling Address: Location of Discharge (sweet address): Latitude and Longitude of Discharge (if known) 4, Date of receipt of test results or discovery' of confirmed discharge: D ' I' - [! O month/day/year 6. Discharge affected: ( 1 Air 5. Estimated number of gallons discharged: �1 O O Soil XGroundwater ( j Drinking water well(s) 7. Method of discovery (check all that apply) ( j Liquid detector (automatic or manual) ( 1 Vapor detector (automatic or manual) (• J Tightness test I 1 Pressure test XSt�tistieal Inventory Reconciliation [ 1 Internal inspection [ 1 inventory control Monitoring wells 1 Automatic tank gauging [ 1 Manual tank gauging [ J Shoreline 1 j Surface water (water body name) [ 1 Closure/Closure Assessment 1 1 Groundwater analytical samples ( 1 Soil analytical tests or samples [ 1 Visual observation (j Other 8. Type of regulated substance discharged: (check one) 1 Unknown [ j Used/waste oil (j Jet fuel 1 1 Herring oil f j New/lube oil Gasoline 1 J Aviation gas ( 1 Diesel 1 j Kerosene I j Mineral acid 1 Hamrdous substance - includes CERCLA substances from USTs above reportable quantitis, pesticides, ammonia, chlorine, and derivatives (write in name or Chemical Abstract Service (CAS) number) ( 1 Other 9. Source of Discharge: ( j Dispensing system [ J Tank [ 1 Unknown ( J Other (chat • all that apply) 1 Pipe I Fitting 1 1 Valve failure (1 Barge [ 1 Tanker ship [ j Other Vessel 10. Cause orthe discharge: (check all that apply) [ 1 Loose connection ( 1 Punctwc 1 1 Spill 1 FirrJazpton 1 1 j Overfill ( J Human error Other ` s p`$ �1 e 1, rJ 4 5 t^ wl.-ecV 11. 454tIons takea'in response to the discharge: tl l �ry. r. l o--r--U� .e..16lat.QiA-.,,jtj):9-e t o 4 N or a� r 7-h t' [ J Pipeline 1 J Railroad tankcar [ j Tunic truck [ 1 Collision j 1 Vehicle Accident I-Q x p: pse ,) ► I [ j Vehicle () Airplane [ J Drum ( j Corrosion [ j Installation failure 12. Comments: 13. Agendas notlfled (as applicable): ( j Stale Warning Point 1 1 Notional Response Center 1 'Florida Marine Patrol 1 1 Fire Department. 1 DEP (district/person) 1400310-0519 1-800-424-8802 (800J 342-5367 County Tanks Program 14. To the best of my knowledge and belief, all information submitted on this fort Is true, accurate, and complete. f� fit- V 1-0 V Cc) VI 0 R. e ll D c�,,,.,2 '', o'rLn u . Printed Nam of Owner, Operator or Authorized Rcpresent. rive, Signature of Owner, Operator or Authorized Representative, or Discharger • or Discharger Groundwater sample was taken from Monitoring Well #4. Note 2 V2 inches of free floating product (FFP), Monitoring wells #1,2,3, and 4 contained visible layers of FFP. I observed no visible signs of contamination in MWs 5,6,7, and 8. INSPECTOR: Joelle O`DanieI SECTION; STS DATE: 08/25/03-08/26/03 SI!'� NAME: Five Group Corporation ADDRESS: 720 SW 2 AVE Poor Original N Photo taken 08/26/03, this is the removed section of regular grade product piping; section was from tank to dispenser 7/8, Note exterior coating of piping is no longer visible, Photo of westernmost sums of re;, lar i . de UST, facing EAST taken 08/25/03. Y `.T ♦ � L 3'.lhi Sig' ^.'re.-u'"'k,." '7V ."dLSVi �7G.''we ",�f c }ie`M9ri i3w"." l" ,,' .' t :r -., Yn: FMq / f S' Product piping that failed has been removed and feeder rope remains in secondary, Poor Original csncacuimuw MAXOQIIRLI Site Diagram: FIVE GROUP CORP 72CI SW 2Ave ut/file: 40500813 SW?ST 112. 3/4 1516 7/8 49 nnn., 3. @ Z dispenser ® compliance nionitozing wll UT/File #: 4050/9813 NORTH Mark Barolo EPA' 703-603-7141 Darolo.Mark eoamalI.ena.aov Stephen F. FNiftker, MS, CFEA, REPA ahltflkereermimet Preside Environmental Risk Management, Inc 15248 Tamiaml Trail South, SuEte 8O Ft. Myers, FL 33908 1-888-ENV-MGMT (368.6468) phone 1-239-415-6406 tacal phone 1-239-415-8407 facsimile trtbo://www.erml.netf Pat Rounds rrttrovtisesstlatas,corn Iowa 515-987-0061 Roland Riegel • Prindpal Engineer Flammable Liquids Containment Products 3615CSNK-MEI. Phone: 631-271-6200 Ext. 22421 Fawc 631-439c-6045 UL Web: www.ULcom 631-271-6200, x22421