Item D10 D.10
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: D.10
Agenda Item Summary #9795
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329
NA
AGENDA ITEM WORDING: Approval of a Consent Order between the State of Florida
Department of Environmental Protection, Thurmond Street Partners LLC, the USA-Everglades
National Park and Monroe County to reach settlement with Thurmond Street Partners LLC for
dredging and filling wetlands and altering mangroves without a permit.
ITEM BACKGROUND: Thurmond Street Partners LLC owns a parcel of land located at 98990
Overseas Highway in Key Largo, Parcel ID No. 00088170-000000. An inspection by the Florida
Department of Environmental Protection (FDEP) in August, 2018 revealed that Thurmond Street
Partners LLC had performed work consisting of dredging and filling wetlands and altering and
removing mangroves on its property,property belonging to the Everglades National Park and within
a 15 ft. wide undeveloped county right-of-way between the two parcels.
This Consent Order outlines the corrective actions that Thurmond Street Partners LLC must
implement, and it states that Monroe County agrees to allow access to the undeveloped county right-
of-way to perform the corrective actions.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
new
STAFF RECOMMENDATION: Approval as requested
DOCUMENTATION:
Consent Order signed
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
none
REVIEWED BY:
Judith Clarke Completed 09/27/2021 2:33 PM
Christine Limbert Completed 09/27/2021 7:43 PM
Purchasing Completed 09/28/2021 8:55 AM
Budget and Finance Completed 09/28/2021 12:23 PM
Maria Slavik Completed 09/28/2021 3:28 PM
Liz Yongue Completed 10/01/2021 9:20 AM
Board of County Commissioners Pending 10/20/2021 9:00 AM
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D.10.a
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION, ) SOUTH DISTRICT
Complainant )
vs. )
THURMOND STREET PARTNERS LLC, ) OGC FILE NO. 21-0546
USA - EVERGLADES NATIONAL PARK, )
AND MONROE COUNTY )
Respondents.
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CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department"), Thurmond Street Partners LLC, Monroe County and
the USA - Everglades National Park ("Respondents")to reach settlement of certain matters at
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issue between the Department and Respondents.
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The Department finds and the Respondents admit the following:
1. The Department is the administrative agency of the State of Florida having the power and
duty to protect Florida's air and water resources and to administer and enforce Chapter 373, Part
IV, and Chapter 403, Florida Statutes (F.S.), and the rules promulgated and authorized
thereunder, Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction 0
over the matters addressed in this Consent Order.
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2. The Respondents are the persons within the meaning of Sections 373.019(15) and
403.131(5), F.S.
3. Respondent USA - Everglades National Park ("USA ENP") is the owner of property
located at Monroe County Parcel ID No. 00087920-000000, Section 32, Township 61 South,
Range 39 East, Monroe County, Florida("USA ENP Property").
4. Respondent Thurmond Street Partners LLC ("Thurmond") is the owner of the adjacent
parcel located at 98990 Overseas Highway, Key Largo, FL 33037, Monroe County Parcel ID No.
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00088170-000000, Section 32, Township 61 South, Range 39 East, Monroe County, Florida
("Thurmond Property").
5. Respondent Monroe County ("Monroe County") owns the right of way between the
Thurmond property and the USA ENP property ("ROW"). Figure 1 of Exhibit A shows the
above referenced Properties and the Monroe County ROW.
6. Respondent Thurmond conducted the activities described in paragraph 7 below.
7. An inspection by Department personnel on August 23, and December 19, 2018, revealed
approximately 3,276 square feet of wetlands and surface waters were dredged and filled, and
approximately 200 square feet of mangroves were altered, without a valid permit from the
Department. These activities were conducted on Respondent Thurmond, Respondent USA ENP, CL
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and Respondent Monroe County Properties within mangrove wetlands and Florida Bay, Class III
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Outstanding Florida Waters. E
Having reached a resolution of the matter Respondents and the Department mutually
agree and it is,
ORDERED:
8. Within 30 days of the effective date of this Consent Order, Respondent Thurmond
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shall pay the Department$5,000.00 in settlement of the regulatory matters addressed in this .�
Consent Order. This amount includes $4,500.00 for the violations outlined in this Order and
$500.00 in costs and expenses incurred by the Department during the investigation of this matter
and the preparation and tracking of this Consent Order. Respondent Thurmond shall make all
payments required by this Consent Order by cashier's check, money order or online payment. y
Cashier's check or money order shall be made payable to the Department of Environmental is
Protection, mailed to Florida Department of Environmental Protection, South District Office, a
P.O. Box 2549, Fort Myers, FL 33902-2549, and shall include both the OGC number assigned to
this Consent Order, which is OGC No. 21-0546, and the notation "Water Quality Assurance
Trust Fund." Online e-check payment can be made by going to the DEP Business Portal at
http,//www.fdei?porta_l.caiu/go/gay//. It will take several days after this order becomes final and
effective filed with the Clerk of the Department before ability to make online payment is
available.
9. Respondent Thurmond shall implement the Corrective Actions attached hereto and
incorporated herein as Attachment I in the manner and within the time frames specified therein.
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10. Respondent USA ENP and Respondent Monroe County shall allow Respondent
Thurmond access to Respondent USA ENP Property and Respondent Monroe County Property
to comply with the requirements of paragraph 9 of this Consent Order. Respondent USA ENP
and Respondent Monroe County's obligation under this paragraph is limited to providing access
to Respondent Thurmond only to the extent necessary to implement the requirements of
paragraph 9 and in a manner that complies with the Corrective Actions contained in Attachment
L Further, Respondent USA ENP and Respondent Monroe County's obligation to provide access
to Respondent Thurmond under this paragraph will terminate upon determination by the
Department that the success criteria contained in Attachment I have been met.
11. With the exception of the activities described in the Corrective Actions, effective CL
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immediately and henceforth, Respondent Thurmond shall not conduct any dredging, filling,
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mangrove trimming, mangrove alteration, mangrove removal, or construction activities on or E
within the landward extent of waters of the state without first obtaining a valid Department permit
or written notification from the Department that the activities appear to be exempt as proposed
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from Department permitting requirements.
12. Respondent Thurmond agrees to pay the Department stipulated penalties in the of
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$100.00 per day for each and everyday Respondent Thurmond fails to timely comply with any of .�
the requirements of paragraph 9 of this Consent Order. A separate stipulated penalty shall be
assessed for each violation of this Consent Order. Within 30 days of written demand from the u
Department, Respondent Thurmond shall make payment of the appropriate stipulated penalties to
the Department of Environmental Protection by cashier's check or money order and shall include
thereon the OGC number assigned to this Consent Order, which is OGC No. 21-0546, and the is
notation "Water Quality Assurance Trust Fund." The Department may make demands for a
payment at any time after violations occur. Nothing in this paragraph shall prevent the
Department from filing suit to specifically enforce any of the terms of this Consent Order. Any
penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in
paragraph 8 of this Consent Order.
13. If any event, including administrative or judicial challenges by third parties unrelated to
the Respondent Thurmond, occurs which causes delay or the reasonable likelihood of delay, in
complying with the requirements of this Consent Order, Respondent Thurmond shall have the
burden of proving the delay was or will be caused by circumstances beyond the reasonable control
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of Respondent Thurmond and could not have been or cannot be overcome by Respondent
Thurmond's due diligence. Economic circumstances shall not be considered circumstances
beyond the control of Respondent Thurmond, nor shall the failure of a contractor, subcontractor,
materialman or other agent(collectively referred to as `contractor')to whom responsibility for
performance is delegated to meet contractually imposed deadlines be a cause beyond the control of
Respondent Thurmond, unless the cause of the contractor's late performance was also beyond the
contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a
potential for delay, Respondent Thurmond shall notify the Department orally within 24 hours or
by the next working day and shall, within seven calendar days of oral notification to the
Department, notify the Department in writing of the anticipated length and cause of the delay, the CL
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measures taken or to be taken to prevent or minimize the delay and the timetable by which
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Respondent Thurmond intends to implement these measures. If the parties can agree that the E
delay or anticipated delay has been or will be caused by circumstances beyond the reasonable
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control of Respondent Thurmond, the time for performance hereunder shall be extended for a
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period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt
all reasonable measures necessary to avoid or minimize delay. Failure of Respondent Thurmond
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to comply with the notice requirements of this paragraph in a timely manner shall constitute a .�
waiver of Respondent Thurmond's rights to request an extension of time for compliance with the
requirements of this Consent Order.
14. Respondent Thurmond, Respondent USA ENP and Respondent Monroe County shall
allow all authorized representatives of the Department access to the Property at reasonable times
for the purpose of determining compliance with the terms of this Consent Order and the rules and is
statutes of the Department. a
15. Entry of this Consent Order does not relieve Respondent Thurmond of the need to
comply with applicable federal, state or local laws, regulations or ordinances.
16. The terms and conditions set forth in this Consent Order may be enforced in a court of
competent jurisdiction pursuant to Sections 120.69, 373.129, Florida Statutes. Failure to comply
with the terms of this Consent Order shall constitute a violation of Section 373.430, Florida
Statutes.
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17. Respondent Thurmond is fully aware that a violation of the terms of this Consent Order
may subject Respondent Thurmond to judicial imposition of damages, civil penalties of up to
$10,000 per day per violation and criminal penalties.
18. Persons who are not parties to this Consent Order but whose substantial interests are
affected by this Consent Order have a right,pursuant to Sections 120.569 and 120.57, Florida
Statutes, to petition for an administrative hearing on it. The Petition must contain the information
set forth below and must be filed(received) at the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of
this Notice. A copy of the Petition must also be mailed at the time of filing to the District Office
named about at the address indicated. Failure to file a petition within the 21 days constitutes a CL
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waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and
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120.57, Florida Statutes. E
The petition shall contain the following information:
(a) The Department's Consent Order identification number and the county in which the
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subject matter or activity is located;
(b) The name, address and telephone number of each petitioner; the name, address, and
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telephone number of the petitioner's representative, if any, which shall be the address .�
for service purposes during the proceeding;
(c) An explanation of how the petitioner's substantial interests will be affected by the u
Consent Order;
(d) A statement of when and how the petitioner received notice of the Consent Order;
(e) A statement of all material facts disputed by petitioner, if any; is
(f) A statement of the specific facts the petitioner contends warrant reversal or a
modification of the Consent Order;
(g) A statement of which rules or statutes the petitioner contends require reversal or
modification of the Consent Order; and
(h) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate
agency action. Accordingly, the Department's final action may be different from the position
taken by it in this Notice. Persons whose substantial interests will be affected by any decision of
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the Department with regard to the subject Consent Order have the right to petition to become a
parry to the proceeding. The petition must conform to the requirements specified above and be
filed (received)within 21 days of receipt of this Notice in the Office of General Counsel at the
above address of the Department. Failure to petition within the allowed time frame constitutes a
waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,
Florida Statutes, and to participate as a parry to this proceeding. Any subsequent intervention
will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-
106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a timely
petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or CL
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may choose to pursue mediation as an alternative remedy under Section 120.573, Florida
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Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect E
the right to a hearing if mediation does not result in a settlement. The procedures for pursuing
mediation are set forth below.
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Mediation may only take place if the Department and all the parties to the proceeding
agree that mediation is appropriate. A person may pursue mediation by reaching a mediation
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agreement with all parties to the proceeding (which include the Respondents, the Department, .�
and any person who has filed a timely and sufficient petition for a hearing) and by showing how
the substantial interests of each mediating parry are affected by the Consent Order. The u
agreement must be filed in (received by)the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10
days after the deadline as set forth above for the filing of a petition. is
The agreement to mediate must include the following: a
(a) The names, addresses and telephone numbers of any persons who may attend the
mediation;
(b) The name, address and telephone number of the mediator selected by the parties, or a
provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents
introduced during mediation;
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(e) The date, time and place of the first mediation session, or a deadline for holding the
first session, if no mediator has yet been chosen;
(f) The name of each parry's representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating parry will be
affected by the action or proposed action addressed in this notice of intent or a
statement clearly identifying the petition for hearing that each parry has already filed
and incorporating it by reference.
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all CL
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Parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida
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Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the E
parties, the mediation must be concluded within sixty days of the execution of the agreement. If
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mediation results in settlement of the administrative dispute, the Department must enter a final
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order incorporating the agreement of the parties. Persons whose substantial interests will be
affected by such a modified final decision of the Department have a right to petition for a hearing
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only in accordance with the requirements for such petitions set forth above, and must therefore .�
file their petitions within 21 days of receipt of this Notice. If mediation terminates without
settlement of the dispute, the Department shall notify all parties in writing that the administrative u
hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for
disposition of the dispute, and the Notice will specify the deadlines that then will apply for
challenging the agency action and electing remedies under those two statutes. is
19. The Department hereby expressly reserves the right to initiate appropriate legal action to a
prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that
are not specifically addressed by the terms of this Consent Order.
20. The Department, for and in consideration of the complete and timely performance by
Respondent Thurmond of the obligations agreed to in this Consent Order, hereby waives its right
to seek judicial imposition of damages or civil penalties for alleged violations addressed in this
Consent Order.
21. Respondent Thurmond acknowledges and waives his right to an administrative hearing
pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order.
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Respondent Thurmond acknowledges his right to appeal the terms of this Consent Order pursuant
to Section 120.68, Florida Statutes, and waive that right upon signing this Consent Order.
22. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile,
shall be valid and have the same force and effect as originals. No modifications of the terms of
this Consent Order shall be effective until reduced to writing and executed by both Respondent
Thurmond and the Department.
23. All submittals and payments required by this Consent Order to be submitted to the
Department shall be sent to the Florida Department of Environmental Protection, South District
Office,P.O. Box 2549,Fort Myers,FL 33902-2549. Online e-check payment can be made by going
to the DEP Business Portal at htta://www.flde port il.cotu/�,)-o/Ra /.
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24. In the event of a sale or conveyance of the Property, if all of the requirements of this
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Consent Order have not been fully satisfied, Respondent USA ENP shall, at least 30 days prior to E
the sale or conveyance of the Property, (1)notify the Department of such sale or conveyance and
(2)provide a copy of this Consent Order with all attachments to the new owner. The sale or
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conveyance of the Property shall not relieve the Respondent Thurmond of the obligations imposed
in this Consent Order.
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25. This Consent Order is a settlement of the Department's civil and administrative authority .�
arising under Florida law to resolve the matters addressed herein. This Consent Order is not a
settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of
any violation which may be prosecuted criminally or civilly under federal law.
26. This Consent Order is a final order of the Department pursuant to Section 120.52(7),
Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department is
unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida a
Statutes. Upon the timely filing of a petition, this Consent Order will not be effective until further
order of the Department.
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FOR THE RESPONDENT:
THURMOND STREET PARTNERS LLC
DATE David McGraw, Manager and Registered Agent
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FOR THE RESPONDENT:
USA -EVERGLADES NATIONAL PARK
DATE Pedro M. Ramos, Superintendent
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FOR THE RESPONDENT:
MONROE COUNTY
DATE Michelle Coldiron, Mayor
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Attest: KEVIN MADOK, Clerk C
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DATE As Deputy Clerk
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/ MONROE COUNTY ATTORNEY
( � 'OPR V.O AS TO FO 4.
CHRIS TINE LIMBERT�BARROWS
ASSISTANT COUNTY ATTORNEY
DATE.... 9/27/21 'N
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THIS PORTION INTENTIONALLY LEFT BLANK
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Please do not write below this line. For DEP use only.
DONE AND ORDERED this day of 2021, in
County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jon M. Iglehart
Director of District Management c
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South Florida District
P.O. Box 2549
Fort Myers, Florida 33902-2549
Telephone: (239) 344-5600 0
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FILED, on this date,pursuant to Section 120.52, Florida Statutes, with the designated .�
Department Clerk, receipt of which is hereby acknowledged.
CLERK DATE
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cc: Lea Crandall, Agency Clerk(Mail Station 35) a
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ATTACHMENT
OGC Case No. 21-0546
CORRECTIVE ACTIONS
MITIGATION
1. Within 30 days of the effective date of this Consent Order, Respondent Thurmond shall
mitigate for approximately 200 square feet of unauthorized mangrove alterations and
approximately 2,269 square feet of unauthorized dredging and filling of wetlands with the
purchase of 0.02 credits of saltwater forested wetlands from Everglades Mitigation Bank:
Mitigation Bank Contact Information:
Joseph Sicbaldi, CRE/JB Manager
Everglades Mitigation Bank
Florida Power& Light
700 Universe Blvd.
Juno Beach, FL 33408
O - 561-694-6388 C - 561-222-4111
Joseph.Sicbaldi2fpl.com .)
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2. Within 15 days of credit purchase, Respondent Thurmond shall provide the Department E
with documentation that 0.02 credits of saltwater forested wetland credits have been
deducted from the credit ledger of the bank.This documentation shall be submitted to the
Florida Department of Environmental Protection, South District Office,P.O. Box 2549,Fort
Myers,FL 33902-2549 (`South District Office'),by facsimile to (850)412-0590, or via email to
FTMERP_Compliance(c.dep.state.fl.us. This payment confirmation shall include the
Respondent's name and the OGC number associated with this Consent Order,which is 21-0546.
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RESTORATION OF MANGROVE ALTERATION AREAS
3. Mangroves that have recruited into, or are currently growing, in the area where mangroves were
previously altered shall be allowed to grow.
4. Within 90 days of the effective date of this Consent Order, Respondent Thurmond shall
complete the restoration on the USA - EVERGLADES NATIONAL PARK Property and y
Monroe County Right of Way in accordance with the plans and specifics detailed Exhibit A 0
(Restoration Plan), attached and incorporated by reference.
5. Should the terms in the attached Exhibit A (Restoration Plan) conflict with any terms of the
Consent Order and Attachment 11 the terms within the Consent Order and Attachment I shall
prevail.
MONITORING & SUCCESS CRITERIA:
6. A 'Baseline" Monitoring Report shall be submitted within 120 days of the effective date of
this Consent Order and shall include the following:
a. The "OGC Case No. 21-0546" and name of Respondent exactly as it appears on the first
page of this Order;
b. Dates of all work completed;
c. Color photographs to provide an accurate representation of the mangrove alteration areas.
The photographs shall be taken from fixed reference points and directions which are
shown on a scaled plan-view of the Property; and
d. A table depicting numbers, spacing, and sizes (including tree height) of each species
planted.
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Attachment I
OGC Case No. 21-0546
Page 2 of 4
7. Until the success criteria are achieved as described in Paragraph 9,the Respondent shall
inspect the mangrove alteration areas annually. The purpose of the monitoring shall be to
determine the success of the restoration. During each inspection, Respondent Thurmond shall
remove all exotic and nuisance vegetation without disturbing the other existing vegetation in the
mangrove alteration areas. Exotic and nuisance vegetation shall include vegetation is listed in the
most recent published list of invasive species by the Florida Exotic Pest Plant Council
(FLEPPC). Internet website for FLEPPC is http://www.fleppc.org/list/list.htm. Exotic and
nuisance vegetation shall include,but not be limited to,vines, Brazilian Pepper(Schinus
terebinthifolius),Punk tree (Melaleuca quinquenervia), and Australian pine (Casuarina
equisetifolia).
8. Within 30 days after the completion of each inspection in the monitoring schedule,
Respondent Thurmond shall complete a monitoring report and submit it to the Department. The CL
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monitoring reports shall also include the following information: v)
a. The "OGC Case No. 21-0546" and name of Respondent exactly as it appears on the first C
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page of this Order; E
b. Dates of inspection;
C. Plant species composition with estimates of the contribution of each species to percent °®
cover; and
d. Plan view depicting the locations of any specimens replanted(indicate numbers of each
species replanted).
9. Restoration of the mangrove alteration areas shall be deemed successful when the following
criteria has been met for a period of at least one (1)year,without intervention in the form of .�
irrigation,removal of undesirable vegetation, or replanting of desirable vegetation:
a. Planted species have achieved a minimum 80% survival; '
b. Planted species and naturally recruited native wetland species have achieved a minimum
80% cover;
c. Total contribution to percent cover by exotic,non-native wetland species, and species not
listed in 62-340,F.A.C. shall be maintained below 5%;
d. The planted mangrove species have achieved an average height of at least 6 feet and all
are exhibiting natural,vigorous growth consistent with the species and target plant
community;
e. The mangrove alteration areas have been inspected by the Department and the
Department has informed the Respondents in writing that the mangrove alteration areas
have achieved the described success criteria.
10. If it is determined by the Department,based on visual inspection and/or review of the monitoring
reports,that the mangrove alteration areas are not meeting the success criteria(described in
paragraph 9 above) after three years, Respondent Thurmond shall submit an alternative
Restoration Plan to the Department for review and approval,which shall meet the following
requirements:
a. Respondents shall submit the plan within 30 days of notification by the Department of
failure to meet the performance criteria;
b. The Revised Restoration Plan shall include a plan,including time schedule for planting
the Restoration Area with enough plants representative of the naturally occurring habitat
approved by the Department in advance to meet the success criteria. The revised plan
shall also include maintenance and monitoring schedule to ensure that the replanting is
successful.
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D.10.a
Attachment I
OGC Case No. 21-0546
Page 3 of 4
c. The Respondent(s) shall implement the alternative restoration plan,including any
changes required by the Department,no later than 90 days after receiving Department
approval.
GENERAL CONDITIONS:
11. This Consent Order or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shall be kept at the work site of the ordered activity. The complete Consent Order
shall be available for review at the work site upon request by the Department staff. The
Respondent shall require the contractor to review the complete Consent Order prior to
commencement of the activity authorized by this Consent Order.
12. Activities approved by this Consent Order shall be conducted in a manner,which does not cause
violations of state water quality standards. The Respondent shall implement best management c-
practices for erosion and pollution control to prevent violations of state water quality standards. .)
Turbidity barriers shall be installed and maintained at all locations where the possibility of C
transferring suspended solids into the receiving waterbody exists due to the ordered work. E
Turbidity barriers shall remain in place at all locations until construction is completed and soils
are stabilized and vegetation has been established. All practices shall be in accordance with the °Z
guidelines and specifications described in the State of Florida Erosion and Sedimentation Control
Inspectors Manual,FDEP (2008), available on the Department's website at
http://www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf unless a
project-specific erosion and sediment control plan is approved as part of this Order. Thereafter
the Respondent shall be responsible for the removal of the barriers. The Respondent shall correct
any erosion or shoaling that causes adverse impacts to the water resources. .�
13. Should any other regulatory agency require changes to the herein authorized act,the Respondent .N
shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a Consent Order modification is required.
14. This Consent Order does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any activity approved by this Consent
Order. This Consent Order does not convey to the Respondent or create in the Respondent any
property right or any interest in real property,nor does it authorize any entrance upon or activities
on property,which is not owned or controlled by the Respondent, or convey any rights or E
privileges other than those specified in the Consent Order and Chapter 62-330 F.A.C.
15. The Respondent shall hold and save the Department harmless from any and all damages, claims,
or liabilities,which may arise by reason of the ordered activities, authorized by this Consent
Order.
16. If historical or archaeological artifacts are discovered at any time on the project site,the
Respondent shall immediately notify the Department's South District Office,P.O. Box 2549,
Fort Myers, FL 33902-2549.
17. The Respondent shall immediately notify the Department in writing of any previously submitted
information that is later discovered to be inaccurate.
18. The Respondent is hereby advised that Department authorization is required for all dredging and
filling activities in wetlands or surface waters and for mangrove trimming, alteration and/or
Packet Pg.297
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Attachment I
OGC Case No. 21-0546
Page 4 of 4
removal,pursuant to Chapters 403 and 373,Florida Statutes (F.S.). In addition,water quality
standards, as stipulated in Chapter 62-302,F.A.C., shall be upheld. Respondent shall not
commence any excavation, construction, or other activity within any wetland areas until
Respondent has received from the Department(or the appropriate Water Management District)
the required permit authorizing the activity. Pursuant to Chapter 373.129 and 403.141, if such
work is done without authorization,the Department may levy civil penalties of up to $10,000 per
offense. Each date during which such violation occurs may constitute a separate offense.
19. The project shall comply with applicable State Water Quality Standards,namely:
a. Rule 62-302.500,F.A.C. - Surface Waters: Minimum Criteria, General Criteria;
b. Rule 62-302.530,F.A.C. - Table: Surface Water Quality Criteria—Class III Waters;
c. Rule 62-302.700,F.A.C. - Special Protection, Outstanding Florida Waters, Outstanding
National Resource Waters; and
d. Rule 62-4.242,F.A.C. - Antidegradation Permitting Requirements; Outstanding Florida CL
Waters; Outstanding National Resource Waters. v)
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July 3, 2019
h�hf Revised January 7, 2020
Revised March 10J 2020
Revised July 20, 2021
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Prepared By: ALL SERVICES ENVIRONMENTAL LLC
1 Beals Hammock Ln Key Largo FL 33037
t Prepared For:Thurmond Street Partners LLC
2 Thurmond St Key Largo FL 33037
RE: Florida Department of Environmental Protection
Compliance Assistance Offer
��� Site No. 368553/Project No 380451
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Exhibit
OGC Case No, 21-0 46
Page 2 of 7
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Notice was given to Thurmond Street Partners LLC (here after referred to as TSP) in January 2019 of
regarding unauthorized wetland filling and shoreline vegetation removal on adjacent federal lands and
Monroe County ROW of never developed West St.TSP owns adjacent land located at 98990 Overseas
Hwy. Thurmond Street Partners LLC wishes to bring all lands into compliance and remedy
encroachment.
Land adjacent to the impacted County and Federal lands contain a natural rocky Florida Bayside
shoreline with mangrove and buttonwood communities present. Nearshore community consists of
mangroves, seagrass and macro algae communities.
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The following outlines the proposed restoration based on current on-site observations as well as the
recommendations for return to compliance by the Florida Department of Environmental Protection
(here after referred to as FDEP). All work will be supervised by ASE personnel to guarantee
environmental compliance.
Removal al f Unauthorized Fill
TSP is proposing the removal of 1,403ft2 of unauthorized fill (sand) on Federal and 834ft2 on County �+
lands. Total restoration area is 2,237ft2The proposed method of removal will be manual via shovels
rakes, as well as mechanical in the form of bobcat, leaf blowers, and standard shop vacuums. Bobcat
operations will be restricted to not operate within 10ft of mean high water mark. Sand will be
removed to a depth between 2-6 in depth to natural soil and grade. Removal of sand will only occur N
within Federal and County lands, above the mean high water mark. Determination of mean high water
mark will be via survey provided by TSP on February 10, 2020.
The measurements for sand removal and restoration are based on measurements found in Figure 1
and Figure 2. Field Measurements resulted in 2,205ft2, aerial measurements 2,237ft2. It is proposed
to utilized field measurements, as they suggest real conditions. o
Removal of Unauthorized Fill in SubmergedLands a
TSP is proposing and ASE is recommending no action in this areas.Although some leaching of
unauthorized fill off the parcel was suggested via initial investigation via the FDEP, recent aerials
suggest a healthy seagrass and microalgae community. It is suggested that any removal of minimal
sand intrusion into Florida Bay would be more intrusive to natural communities. See figures 2-4. This
opinion has been mirrored in conversations and correspondences with the Florida DEP, National Park
Service and Florida Keys National Marine Sanctuaries personnel.
Restoration of Nlangrove and reline Plant Community
TSP is proposing and ASE is recommending the planting of 300sq ft of red mangrove propagules along
the shoreline. Propagules will be placed along shoreline but in a manor to minimize disturbance to
substrate of bayside wetland habitat. Planting suggestions are 4 propagules/sq. ft. Additionally TSP is
proposing and ASE is recommending the planting of 1905 ft2 of native shoreline plants after fill is
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D.10.a
Exhibit
OGC Case No, 71-0 46
Page 3 of 7
removed. ASE is recommended 8 plants be planted every 100sq ft for a total of an approximate 155
additional plants. It is recommended to plant small 1-3 gallon size plants as to not to disturb the sub
straight further. Any black mangrove liners (saplings) utilized will be counted as two liners equivalent
to 1 gallon pot.
Avicennia germinans Mangrove, Black
Conocarpus erectus Green Buttonwood
Plants will be sourced at nurseries in Miami Dade County as well as through the Florida Association of
Native Nurseries.
Nlonit rig of restoration Success
Once Restoration activities are completed. FDEP will be supplied with a report of the work, including a
list of all plants installed and photographs. Nursery receipts will be provided upon request. CL
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Restoration reports will continue every 6 months provided on the 30t"of September and the 315Y of
March until such time as the FDEP closes the Consent Agreement.
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TSP will guarantee that 80% of the planted material will survive 3 years. 0
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Thurmond Street Partners LLC wishes to resolve this issue and bring the property into full
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environmental compliance. Upon entrance into a consent order, if required, by the Florida Department
of Environmental Protection,TSP will have all work completed within 8 months of finalized consent
order. Work may be completed prior to this time, however TSP recognizes that other permits may be
required from federal and local agencies.
In an act of good faith to prevent any further future encroachment TSP will be installing a barrier �+
between the parcels. The barrier will consist of rip rap boulders and native planting. Best management
practices will be utilized during install and TSP will obtain any necessary permits prior to installation. 0
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OGC Case No, 1- 5
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Figure 1: Proposed fill removal area from federal lands (00087920-000000)
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Figure 2: Proposed fill removal area from West St ROW
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Figure 3: Bay bottom conditions adjacent to 00088170-000000 and West St ROW
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Figure 4: Bay bottom conditions adjacent to 00087920-000000
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OGC Case No, 1-0 46
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Figure 5: Bay bottom conditions adjacent to 00088170-000000
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Figure 6:Areas of fill removal on Federal lands (00087920-000000).
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! �tt11'i��t fit,�`••y� � t� .; -� t.:� �t y� ?,y" r��t�'�r�nS"� �'�� �i� ;� $4 +��� .t
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Figure 7:Area of Federal and County lands for mangrove planting along shore.
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Figure 8:Area of land for fill removal and restoration planting.
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