01/21/2022 Order aopnra .
11
f:4"'° 4 N#0 Kevin Madok, CPA
�•l%� '� Clerk of the Circuit Court&Comptroller— Monroe County, Florida
GC
DATE: February 3, 2022
TO: Judith Clarke, PE, Director
Engineering/Roads&Bridges
ATTN: Nicole Twyman
Executive Assistant
FROM: Pamela G. Hanc fi S I).C.
SUBJECT: January 21"BOCC Meeting
Attached is a copy of the following, fully executed, item for your records:
C10 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; that includes Attachment II from the National Park
Service.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FLORIDA DEPARTMENT OF
ds
®®®�®EPaa n nr���� Governor
aEnvironmental Protection Jeanette Nunez
7 Lt.Governor
South District Branch Office NeahWallenstelin
�eNTAL �� 2796 Overseas Highway,Suite 221 Secretary
Marathon, FL 33050
SouthDistrict@FloridaDEP.gov
February 2, 2022
Thurmond Street Partners LLC
c/o David McGraw
2 Thurmond Street
Key Largo, FL 33037
events(a keylargolighthouse.com
USA General Sery Adm
USA —Everglades National Park
77 Forsyth St SW
Atlanta, GA 30303
Jonathan E Taylor(a,nps.gov
David Rice
Monroe County —Mayor
1100 Simonton St
Key West, FL 33040
bocedis2g.monroecoun1y7fl.gov
Re: Consent Order OGC Case No. 21-0546
Site No. 368553 /Project No. 380451
Vacant Land owned by USA General Services Adm.
Monroe County Parcel ID: 00087920-000000
Florida Bay, Class III Outstanding Florida Waters
Monroe County - SLERC
Dear Mr. McGraw, Mr. Rice, and USA Everglades National Park,
Enclosed is the signed and entered Consent Order, OGC No. 21-0546, to resolve this case. This copy is
for your records. Please note that all compliance dates for the Consent Order begin on the date of entry,
which is February 2, 2022. Upon satisfactory completion of all conditions of the Order, we will close this
case and place it in our inactive file.
Please review the items required by the ConsentOrder and the corresponding deadline for completion,
which is based on the date of entry of theorder.
If you have any questions,please contact Mckenzie Fraley by email at Mckenzie.Fraleyna,FloridaDEP.gov
or by phone at(305) 289-7079. Your cooperation in resolving this case is appreciated.
Sincerely,
Jon M. Iglehart
Director of District Management
South District
Florida Department of Environmental Protection
JMI/mf
Enclosures: Consent Order
Attachment I (Corrective Actions)
Attachment II
Exhibit A (Restoration Plan)
cc: Lea Crandall, Agency Clerk, agency clerlcgdep.state.fl.us
Johnathan Pempek, USACE, Jonathan.C.Pempek2,us ace.army.miI
Jay Barenzwig, Monroe County, Berenzweig-Jayna,MonroeCounty-FL.Gov
Brandon Moore, Everglades National Park, Brandon Mooregnps.gov
Jonathan Taylor, NPS, Jonathan E Taylor(amps.gov
Michael Michener, NPS, michael michener2nps.gov
Anthony Terry, NPS, Tony_Ter ry�abnps.gov
Tylan Dean, NPS, tylan dean2rips.gov
Robert Johnson, NPS, Robert Johnsongnps.gov
Joanne Delaney, NOAA, joanne.delaneyna,noaa.gov
Stephen Werndli, NOAA, Stephen.Werndlig.noaa.gov
Peter Morris, Monroe County, Morris-Peter2 MonroeC ounty-FL.Gov
Cynthia Guerra, Monroe County, Guerra-Cynthiag.MonroeCounty-FL.Gov
Judith Clarke, Monroe County, Clarlce-Juditli2,monroecounty-fl.gov
Cheryl Cioffari, Monroe County, Cioffari-ChervlgMonroeCounty-FL.Gov
Kevin Wilson, Monroe County, Wilson-KevingMonroeCounty-FL.Gov
blaineg.entrustbuilders.com
srhamilton242,yahoo.com
j saundersgbayviewdev.com
dasilva9g,yahoo.com
davemcgraw123ggmail.com
SAJ-RD-Enforcement2,us ace.army.miI
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.
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
issue between the Department and Respondents.
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
over the matters addressed in this Consent Order.
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.
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.2|-0546
Page 2o[||
000@@(70-000000, 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 L/5A 6NP property(^^R(]W"). Figure ( of Exhibit /\ shows the
above referenced Properties and the Monroe County ROW.
6. Respondent Thurmond conducted the activities described in paragraph 7 below.
7. /\o inspection by Department personnel ooAugust 23, and December |9, 20|@, revealed
apprnxiona1uiy3,276 square feet nf wetlands and surface waters were dredged and filled, and
apprnxinnatc|y200 square feet ofmangroves were altered, without avalid pcnni1 from the
QcpmtoncoL These activities were conducted nn Respondent Thurmond, Respondent USA ENP,
and Respondent Monroe County Properties within mangrove wetlands and Florida Bay, Class lll
Outstanding Florida Waters.
Having reached a resolution of the matter Respondents and the Department mutually
agree and i1is,
ORDERED:
@. Within 30 days mf the effective date mf this Consent Order, Respondent Thurmond
shall pay the Qcpar1nncn1 $5,000.00 in settlement ofthe regulatory matters addressed in this
Consent Order. This amount includes $4,500.00 for the violations outlined in this Order and
$500.00iu costs and expenses incurred hy the Department during the investigation of this matter
and the preparation and tracking nf this Consent Order. Respondent Thurmond shall make all
payments required by this Consent Order by cashier's check, money order or online payment.
Cashier's check or money order shall be made payable to the Department of Environmental
Protection, mailed to Florida Department ofEnvironmental Protection, South District Office,
P.(]. Box 2549, Fort Myers, FL33902-2549, and shall include both the(]{]C number assigned to
this Consent Order, which is (](]C No. 2|-0546, and the notation "Water Quality Assurance
TrustPund."On|incc-uhuukpaynncn1uanbunnaduhygoiog1othuQ6PBusioussPor1a| a1
hLt . }t will take several days after this order becomes fioa\ and
effective fi|cdwith 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 asAttachment } io the manner and within the time frames specified therein.
Thurmond Street Partners LLC, USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 3 of 11
Respondent Thurmond shall also implement the USA ENP's requirements for conducting the
Corrective Actions on USA ENP Property ("Letter of Compliance Completion-PEPC Project
104410") attached hereto and incorporated herein as Attachment I1 in the manner and within the
time frames specified therein.
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
I. 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
immediately and henceforth, Respondent Thurmond shall not conduct any dredging, filling,
mangrove trimming, mangrove alteration, mangrove removal, or construction activities on or
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
from Department permitting requirements.
12. Respondent Thurmond agrees to pay the Department stipulated penalties in the of
$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
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
notation "Water Quality Assurance Trust Fund." The Department may make demands for
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.
Thurmond Street Partners [LC.USA -Everglades National Park,and Monroe County
00[No.2|-O546
Page 4o[ll
13. If any event, including administrative orjudicial challenges by third parties unrelated to
the Respondent Thun-nond, 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
of Respondent Thurmond and could not have been or cannot be overcome by Respondent
Tbunmood`s due diligence. Economic circumstances shall not bc considered circumstances
beyond the control of Respondent Thurmond, nor shall the failure of a contractor, subcontractor,
nmotcrio1nmon or other agent (collectively referred in as 'contractor') to vvbono 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 o[on event causing delay, or upon becoming aware ofa
potential for delay, Respondent Thun-nond shall notify the Department orally within 24 hours or
by the next working day and shall, within seven calendar days of oral nodficn1iooiothe
Department, notify the Department in writing o[the anticipated length and cause of the delay, the
measures taken or to be taken to prevent or minimize the delay and the timetable by which
Respondent Thurmond intends 10 implement these measures. l[the parties can agree that the
delay or anticipated delay has been or will be caused by circumstances beyond the reasonable
control of Respondent Thurmond, the time for performance hereunder shall be extended for u
period equal 1othe agreed delay resulting from such circumstances. Such agreement shall adopt
u\\ reaaonah\enueosurcsncccssory1oovoidornmininmizcdc1oy. Failure o[Respondent Thurmond
to comply with the notice requirements ofthis paragraph in udnue\y manner aba|\ constitute u
waiver of Respondent Thun-nond's rights to request an extension of time for compliance with the
requirements o[this Consent Order.
14. Respondent Thurmond, Respondent USA ENP and Respondent Monroe County shall
allow all authorized representatives of the [yepur1noeo1 access 1othe Property n1reasonable dnuea
for the purpose of determining compliance with the terms of this Consent Order and the rules and
statutes of the Department.
15. Entry o[this Consent Order does not relieve Respondent Tbum000do[the need to
comply with applicable federal, ain1e or local 1avva, regulations or ordinances.
16. The terms and conditions set forth in this Consent Order may he enforced ina court n[
competent jurisdiction pursuant 1oSections (20.69, 373.l29, Florida Statutes. Failure 1ocomply
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 5 of I I
with the terms of this Consent Order shall constitute a violation of Section 373.430, Florida
Statutes.
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
waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and
120.57, Florida Statutes.
The petition shall contain the following information:
(a) The Department's Consent Order identification number and the county in which the
subject matter or activity is located;
(b) The name, address and telephone number of each petitioner; the name, address, and
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
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;
(f) A statement of the specific facts the petitioner contends warrant reversal or
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
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 6 of 11
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
the Department with regard to the subject Consent Order have the right to petition to become a
party 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 party 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
may choose to pursue mediation as an alternative remedy under Section 120.573, Florida
Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect
the right to a hearing if mediation does not result in a settlement. The procedures for pursuing
mediation are set forth below.
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
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 party are affected by the Consent Order. The
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.
The agreement to mediate must include the following:
(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;
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 7 of 11
(d) The agreement of the parties on the confidentiality of discussions and documents
introduced during mediation;
(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 party's representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating party 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 party 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
Parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida
Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the
parties, the mediation must be concluded within sixty days of the execution of the agreement. If
mediation results in settlement of the administrative dispute, the Department must enter a final
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
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
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.
19. The Department hereby expressly reserves the right to initiate appropriate legal action to
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.
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No. 21-0546
Page 8 of 11
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.
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 http://www.fldepportal.com/go/pay/,
24. In the event of a sale or conveyance of the Property, if all of the requirements of this
Consent Order have not been fully satisfied, Respondent USA ENP shall, at least 30 days prior to
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
conveyance of the Property shall not relieve the Respondent Thurmond of the obligations imposed
in this Consent Order.
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
unless a Petition for Administrative Hearing is filed in accordance with Chapter 120,Florida
Statutes. Upon the timely filing of a petition, this Consent Order will not be effective until further
order of the Department.
FOR THE RESPONDENT:
THURMOND STREET PARTNERS LLC
DATE David McGraw, anag a Registered Agent
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 9 of 11
FOR THE RESPONDENT:
USA - EVERGLADES NATIONAL PARK
Digitally
SABRINA SSABRINASDIAZd by
Date:
2022.01.0614,5229
DIAZ 0
DATE �2Pedro M. Ramos, Superintendent
THIS PORTION INTENTIONALLY LEFT BLANK
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 10 of 11
FOR THE RESPONDENT: •
MONROE COUNTY
3111 v 2$ 2tj2Z
D TE J David Rice,Mayor
•
'may i•�y�3 `�
t
• y `; Attest: KEVIN MADOK,Clerk
+i•9�~u�r� N �+�
22 1-19 G711-11""Alwve.44"k
DA jr / As Deputy Clerk
MONROE COUNTY ATTORNEY '
APPROYEDASTO 0 L•
• ACHRSTM LIMaBEZABTWYARRS
DATE.THIS PORTION INTENTIONALLY LEFT BLANK
•
.73
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7.< •
33
Thurmond Street Partners LLC,USA-Everglades National Park,and Monroe County
OGC No.21-0546
Page 11 of l l
Please do not write below this line. For DEP use only.
DONE AND ORDERED this 2nd day of February 2022 , in Lee
County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Jon M. Iglehart
Director of District Management
South Florida District
P.O. Box 2549
Fort Myers, Florida 33902-2549
Telephone: (239) 344-5600
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
February 2 2022
CLE`kk DATE
cc: Lea Crandall, Agency Clerk(Mail Station 35)
ATTACHMENT I
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
0- 5 61-694-63 8 8 C - 5 61-222-4111
Jose h.S ic bal d i((-c fp 1.com
2. Within 15 days of credit purchase,Respondent Thurmond shall provide the Department
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((Weo.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.
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
Monroe County Right of Way in accordance with the plans and specifics detailed Exhibit A
(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 1, 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
Attachment I
OGC Case No. 21-0546
Page 2 of 4
d. A table depicting numbers, spacing, and sizes (including tree height) of each species
planted.
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 htt_://www.fleooc.orgllist/list.htm. Exotic and
nuisance vegetation shall include, but not be limited to, vines, Brazilian Pepper(Schinus
terebinthifolius), Punk tree ( elaleuca quinquenervia), and Australian pine (Casuarina
equlsetlfolla).
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
monitoring reports shall also include the following information:
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 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
Attachment
OQC Case No. 21-0540
Page 3of4
approved hv the Department in advance 0m meet the success criteria. The revised plan
shall also include maintenance and monitoring schedule to ensure that the replanting is
successful.
c. The Respondent(s) shall implement the u|tenmuhve rey0mru1inu 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
rnndi5co1inos shall be kept at the work site of the ordered activity. The complete Consent Order
shall bo available for review ut 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 hv 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
practices for erosion and pollution control tu prevent violations of state water quality standards.
Turbidity barriers shall be installed and maintained at all locations where the possibility of
transferring suspended solids into the receiving vvu1erbodyexists due to the ordered work.
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
guidelines and specifications described in the State of Florida Erosion and Sedimentation Control
Inspectors Manual, FDEP(2008), available on the Department's website at
unless
project-specific erosion and sediment control p\uo is approved as part of this Order. Thereafter
the Respondent shall bo responsible for the removal of the barriers. The Respondent shall correct
any erosion or shoaling that causes adverse impacts tothe water resources.
13. Should any other regulatory agency require changes to the herein authorized act, the Respondent
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.
l4. 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
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,33902-254A.
Attachment
0G[ Case No. 21-0546
Page 4of4
17. The Respondent shall immediately notify the Department in writing of any previously submitted
in5on-outinn that io later discovered tobeinaccurate.
18. The Respondent is hereby advised that Department authorization is required for all dredging and
filling activities in vvodando or surface vvuiory and for mangrove trimming, alteration and/or
removal, pursuant tn Chapters 4O3 aod373, Florida Sta1uiey(P.S.). In addition, water quality
standards, as stipulated io Chapter 62-3O2, P./k.C., yba{| 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 pen-nit authorizing the activity. Pursuant to Chapter 373.\29 and 403.|4\, 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.
|9. The project sba|\ onrnp|yvvithapp|iuub|e 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—C|ayy lll Waters;
u. Rule 62-302.700, F.A.C. - Special 9ro1eudno, Outstanding Florida Waters, Outstanding
National Resource Waters; and
d. Rule 62-4.242" F.A.C. - Antidegradation Pen-nitting Requirements; Outstanding Florida
Waters; Outstanding National Resource Waters.
ST Or
TIONAL
United States De NA
partment of the Interior PARK
ppo NATIONAL PARK SERVICE SERVICE
Everglades and Dry Tortugas National Parks
40001 State Road 9336
Homestead,Florida 33034
In Reply Refer to:
11/03/2021
Thurmond Street Partners LLC OGC No ." 1-0546
c/o David McGraw .
2 Thurmond Street Attachment 11
Key Largo, FL 33037 Pg I of 10
Re: Consent Decree and Restoration Plan
Dear Mr. David McGraw:
Pursuant to the Consent Order OGC Case No. 21-0546, Site No. 368553 / Project No. 380451
this letter serves to identify that there are requirements for implementing the restoration plan on those
portions that are performed within Everglades National Park.
Attached please find the Letter of Compliance Completion—PEPC Project 10441. This letter details
the required mitigations,conditions and stipulations for conducting work in Everglades National
Park. These terms shall be adhered to by you upon your signature of the Consent Decree.
Should you have any questions, please feel free to contact Everglades National Park's Deputy
Superintendent Sabrina Diaz (Sabrina_
Diaz(?Dnps.gov), or Restoration Program Manager, Jonathan
Taylor(Jonathan—e taylor(anps.gov).
Sincerely,
S A I A Digitally signed by
MBRIK
SABRINA DIAZ
Date: 2021.11.04
U /A 14-.51-.16-04'00'
Pedro Ramos, Superintendent
Everglades and Dry Tortugas National Parks
cc.John M. Eglehart
Florida Department of Environmental Protection
Director of District Management
South District Branch Office
2796 Overseas Highway, Suite 221
Marathon, FL 33050
Everglades National Park
Ui8.Department of the Interior Date: 102912021
Letter of Com0�l^&����� Completion0�
~ OG(` N[). 2 1~0546
To: Ty|un Dean, Biological Resources Branch Chief(EVER) /LttachDleQt 71
Jonathan Taylor,Restoration Program Manager(EVER)
Dg7of | A
From: Astrid 8undni,Environmental Protection Specialist(B[8Cand EVER)
Subject:NEPA and NBPA Clearance: Thurmond Street Restoration Key Largo(PEPC: 104441)
N0PA and NHPA Compliance Complete.For complete compliance information see PEPC Project 10444 1.
The Superintendent and Interdisciplinary learn have reviewed the scope of work and supporting documentation provided in the
Planning,Environment,and Public Comment(PEPQ system,and all applicable associated compliance documentation and
consultation(e.g.National Environmental Policy Act,National Historic Preservation Act,Endangered Species Act,Clean Water Act,
Clean Air Act,Wilderness Act,Tribal consultation under EOI 3175,and other related laws and policies).
The subject proposed project/action(s),therefore,is/are now cleared for all compliance requirements. Project plans and specifications
are approved,project funds may be released,and construction and/or project implementation can commence with the following
mitigations and oondidons/$ipu|utiouo.
Required Mitigations-For the proposed project actions to be within compliance requirements during construction and/or project
implementation,the following mitigations must ke adhered to:
° Boulders or rip rap and native plantings described in the mitigation plan to be placed between properties will not be placed
within Everglades National Park boundary.
• If wildlife is observed within the work area,all activities must stop until individuals leave the area on their own.
m To the extent possible,work should ke not be carried out between March \ and September 3Oto avoid crocodile nesting
season. \[work must be carried out during the nest season,activities must be coordinated with SFNRC Biological Resources
staff and consultation with D8 Fish and Wildlife Service may kerequired.
• Determination of permit requirements and obtaining required permits is the responsibility of Thurmond Street LLC.Any
required permits(USACE 404, FDEP ERP,etc.)must be obtained prior to implementing this work.
° Material used for planting au site must be free from weeds and other pests. All material proposed tote planted ou site must be
made available for inspection by National Park Service prior toinstalling.
N0PA Recommendations for Conditions orStipulations:
° Dm not remove any soil that io clearly not fill. [[soil needs tobe removed that io not clearly modem fill,unarcheological
monitor will be needed for any soil moving/planting efforts.
• According to the 2OO8 National Park Service Programmatic Agreement Section VI,i[previously unidentified cultural
resources are discovered during project implementation,all work in that area must stop and the Superintendent, Park
Archaeologist or Chief of Cultural Resources must be notified immediately. If items protected by the Native American
Graves Protection and Repatriation Act(NAGPRA)are discovered during project implementation,all activity must cease in
the area o[discovery and immediate notice made to the Superintendent,uo well ao the appropriate federally recognized Indian
Trihns/Urganizau ions and State Historic Preservation Officer(8BPU).
Please let me know i[you have any questions.
National Park Service Everglades National Park
U.S. Department of the Interior Date: 10/29/2021
Categorical Exclusion Documentation Form (CE Form)
OGC 21-0546
Project:Thurmond Street Restoration-Key Largo Attachment It
PEPC Project Number: 104441
Description of Action (Project Description): Pg 3 of 10
The National Park Service(NPS),South Florida Natural Resources Center(SFNRC) is partnering with the Florida
Department of Environmental Protection(FDEP) in an enforcement action to restore wetlands adversely impacted by
Thurmond Street Partners LLC on Everglades National Park(EVER)and Monroe County property in Key Largo.
Background:Thurmond Street Partners LLC(here after referred to as TSP)owns property immediately adjacent(to the
north)of the EVER Key Largo Ranger Station property.Notice was given to TSP in January 2019 regarding unauthorized
wetland filling and shoreline vegetation removal on adjacent NPS lands and Monroe County Right of Way of the never-
developed West St.TSP owns adjacent land located at 98990 Overseas Hwy.TSP wishes to bring all lands into compliance
and remedy encroachment. FDEP is the enforcing agency.
Land adjacent to the impacted NPS and County lands contain a natural rocky Florida Bayside shoreline with mangrove and
buttonwood communities present.Nearshore community consists of mangroves,seagrass and macro algae communities.
SFNRC staff have reviewed and approved the attached restoration and mitigation plan prepared by All Services
Environmental LLC on behalf of TSP.The work to be performed includes:
TSP proposes the removal of 1,403 sq.ft.of unauthorized fill(sand)on EVER property,and 834 sq.ft.on Monroe County
lands.Total restoration area is 2,237 sq. ft..The proposed method of removal would be manual via shovels and rakes,as well
as mechanical in the form of bobcat,leaf blowers,and standard shop vacuums. Bobcat operations would be restricted to not
operate within 10 ft.of mean high water mark.
Sand would be removed to a depth between 2-6 inches to natural soil and grade. Removal of sand would only occur within
Federal and County lands above the mean high water mark. Determination of mean high water mark would be via survey
provided by TSP on February 10,2020.
TSP also proposes to plant 300 sq. ft.of red mangrove propagules along the shoreline and 1,905 sq. ft.of native shoreline
plants after the fill is removed.Plants would be sourced at nurseries in Miami Dade County as well as through the Florida
Association of Native Nurseries.To prevent any further future encroachment,TSP would install a barrier between the
parcels.The barrier would consist of rip rap boulders and native planting.Best management practices would be utilized
during install and TSP would obtain any necessary permits prior to installation.
All work would be performed by All Services Environmental, LLC personnel on behalf of TSP to guarantee environmental
compliance.TSP proposes to complete the work within 8 months of a finalized consent order.
See attached Consent Order and Restoration and Mitigation Plan for complete details and photos.
Project Locations:
Location
County: Monroe State: FL
Other: Key Largo Ranger Station
OGC 21-0546
Mitigation(s): Attachment 11
pg 4 of 10
• Boulders or rip rap and native plantings described in the mitigation plan to be placed between properties will not be
placed within Everglades National Park boundary.
• If wildlife is observed within the work area,all activities must stop until individuals leave the area on their own.
• To the extent possible,work should be not be carried out between March I and September 30 to avoid crocodile
nesting season. If work must be carried out during the nest season,activities must be coordinated with SFNRC
Biological Resources staff,and consultation with US Fish and Wildlife Service may be required.
• Determination of permit requirements and obtaining required permits is the responsibility of Thurmond Street LLC.
Any required permits(USACE 404,FDEP ERP,etc.)must be obtained prior to implementing this work.
• Material used for planting at site must be free from weeds and other pests.All material proposed to be planted at the
site must be made available for inspection by National Park Service prior to installing.
NHPA Conditions and Stipulations:
• Do not remove any soil that is clearly not fill. If soil needs to be removed that is not clearly modern fill,an on-site
archeological monitor will be needed for any soil moving/planting efforts.
• According to the 2008 National Park Service Programmatic Agreement Section VI,if previously unidentified
cultural resources are discovered during project implementation,all work in that area must stop and the
Superintendent,Park Archaeologist or Chief of Cultural Resources must be notified immediately. If items protected
by the Native American Graves Protection and Repatriation Act(NAGPRA)are discovered during project
implementation,all activity must cease in the area of discovery and immediate notice made to the Superintendent,as
well as the appropriate federally recognized Indian Tribes/Organizations and State Historic Preservation Officer
(SHPO).
CE Citation: E.2 Restoration of noncontroversial native species into suitable habitats within their historic range and
elimination of exotic species.
CE Justification:
This project addresses activities associated with an enforcement action to restore native plants onto NPS owned wetlands
adversely impacted by a neighboring property owner.
Decision: I find that the action fits within the categorical exclusion above.Therefore, I am categorically
excluding the described project from further NEPA analysis. No extraordinary circumstances apply.
Signature
r.ARPIWA Digitaity signed by
�AUKINA UIAL
Superintendent: D.f�'?Ml-IrLT9
DIAL T01T3�_fr-G4_UU Date:
Pedro M. Ramos
J1141
Extraordinary Circumstances:
If implemented,would the proposal... Yes/NoNote
A.Have significant impacts on public health or safety? No
B.Have significant impacts on such natural resources and unique geographic characteristics as historic or No
cultural resources;park,recreation,or refuge lands;wilderness areas;wild or scenic rivers;national natural
landmarks;sole or principal drinking water aquifers;prime farmlands;wetlands(Executive Order 11990);
floodplains(Executive Order 1]988);national monuments;migratory birds;and other ecologically significant
or critical areas?
C.Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses No
of available resources(NEPA section 102(2)(E))?
-
environmental risks?
D.Have highly uncertain and potentially significant environmental effects or involve unique or unknown No
E.Establish a precedent for future action or represent a decision in principle about future actions with No
potentially significant environmental effects?
G.Have significant impacts on properties listed or eligible for listing on the National Register of Historic No
Places,as determined by either the bureau or office?
H.Have significant impacts on species listed or proposed to be listed on the List of Endangered or,rlircatcned No
Species,or have significant impacts on designated Critical Habitat for these species?
I. Violate a federal,state,local or tribal law or requirement imposed for the protection of the environment? No
J.Have a disproportionately high and adverse effect on low income or minority populations(EO 12898)? No
K.Limit access to and ceremonial use of Indian sacred sites on federal lands by Indian religious practitioners No
or adversely affect the physical integrity of such sacred sites(EO 130007)?
L.Contribute to the introduction,continued existence,or spread of noxious weeds or non-native invasive No
species known to occur in the area or actions that may promote the introduction,growth,or expansion of the
range of such species(Federal Noxious Weed Control Act and Executive Order 13112)?
OGC 21-0546
Attachment 11
pg 5 of 10
National Park Service Everglades National Park
U.S.Department of the Interior Date: 10/28/2021
A oo SSE o SSMENT OF ACTIONS HAVING AN EFFECT ON t& u 11
HISTORIC PROPERTIES OGC No. 2 1-0546
A. DESCRIPTION OF UNDERTAKING
Attachment 11
1. Park: Everglades National Park pg 6 of 10
2. Project Description:
Project Name: Thurmond Street Restoration-Key Largo
Prepared by: Mark Vaclas Date Prepared: Telephone: 305-242-7012
PEPC Project Number: 104441
Locations:
County,State: Monroe,FL Other: Key Largo Ranger Station
Describe project:
The National Park Service (NPS),South Florida Natural Resources Center(SFNRC)is partnering with the
Florida Department of Environmental Protection(FDEP)in an enforcement action to restore wetlands adversely
impacted by Thurmond Street Partners LLC on Everglades National Park (EVER) and Monroe County property
in Key Largo.
Background:Thurmond Street Partners LLC(here after referred to as TSP)owns property immediately adjacent
(to the north)of the EVER Key Largo Ranger Station property. Notice was given to TSP in January 2019 regarding
unauthorized wetland filling and shoreline vegetation removal on adjacent NPS lands and Monroe County ROW
of the never-developed West St.TSP owns adjacent land located at 98990 Overseas Hwy.TSP wishes to bring all
lands into compliance and remedy encroachment. FDEP is the enforcing agency.
Land adjacent to the impacted NPS and County lands contain a natural rocky Florida Bayside shoreline with
mangrove and buttonwood communities present.Nearshore community consists of mangroves,seagrass and
macro algae communities.
SFNRC staff have reviewed and approved the attached restoration and mitigation plan prepared by All Services
Environmental LLC for TSP.The work to be performed includes:
TSP proposes the removal of 1,403 ft2 of unauthorized fill(sand)on EVER property,and 834 ft2 on County lands.
Total restoration area is 2,237 ft2.The proposed method of removal would be manual via shovels and rakes,as
well as mechanical in the form of bobcat,leaf blowers,and standard shop vacuums. Bobcat operations would be
restricted to not operate within 1 Oft of mean high water mark.
Sand would be removed to a depth between 2-6 inches depth to natural soil and grade. Removal of sand would
only occur within Federal and County lands,above the mean high water mark.Determination of mean high water
mark would be via survey provided by TSP on February 10,2020.
TSP also proposes to plant 300 sq ft of red mangrove propagules along the shoreline and 1905 sq ft of native
shoreline plants after the fill is removed. Plants would be sourced at nurseries in Miami Dade County as well as
through the Florida Association of Native Nurseries.To prevent any further future encroachment,TSP would
install a barrier between the parcels.The barrier would consist of rip rap boulders and native planting. Best
management practices would be utilized during install and TSP would obtain any necessary permits prior to
OGC No. 211-0546
installation. Attachment It
pg 7 of 10
All work would be performed by All Services Environmental LLC personnel on behalf of TSP to guarantee
environmental compliance.TSP proposes to complete the work within 8 months of a finalized consent order.
See attached Consent Order and Restoration and Mitigation Plan for complete details and photos.
Area of potential effects(as defined in 36 CFR 800.16[d])
The APE consists of one 862 square meter polygon and is encompassed by the following coordinates(NAD 83
UTM Zone 17): 00555459E;2774899N,0555467E;2774880N,0555491 E;2774881 N,0555491 E;2774919N,
0555480E;2774912N,0555475E;2774909N.
No known cultural resources are within the APE.The next closest site is the ineligible Gulf Coast Ranger Station
350m away.
3. Has the area of potential effects been surveyed to identify historic properties?
X No
Yes
4. Potentially Affected Resource(s):
Archeological Resources Present: No
Historical Structures/Resources Present: No
Cultural Landscapes Present: No
Ethnographic Resources Present: No
5. The proposed action will: (check as many as apply)
No Destroy,remove,or alter features/elements from a historic structure
No Replace historic features/elements in kind
No Add non-historic features/elements to a historic structure
No Alter or remove features/elements of a historic setting or environment(inc.terrain)
No Add non-historic features/elements(inc.visual,audible,or atmospheric)to a historic setting or
cultural landscape
No Disturb,destroy,or make archeological resources inaccessible
No Disturb,destroy,or make ethnographic resources inaccessible>
No Potentially affect presently unidentified cultural resources
No Begin or contribute to deterioration of historic features,terrain,setting,landscape elements,or
archeological or ethnographic resources
No Involve a real property transaction(exchange,sale,or lease of land or structures)
Other(please specify):
OGC No. 21-0546
6. Supporting Study Data: Attachment 11
(Attach if feasible; if action is in a plan, EA or EIS, give name and project or page number.) pg 8 of 10
B. REVIEWS BY CULTURAL RESOURCE SPECIALISTS
The park 106 coordinator requested review by the park's cultural resource specialist/advisors as indicated by
check-off boxes or as follows:
X] 106 Advisor
Name:Simone Monteleone
Date: 10/02/2021
Comments: Please note that through the Standard Review Process,consultation with the SHPO(and any
associated Tribes)is required.
Check if project does not involve ground disturbance
Assessment of Effect: —No Potential to Cause Effect No Historic Properties Affected X No Adverse
Effect Adverse Effect Streamlined Review
Recommendations for conditions or stipulations:
Doc Method: Standard 4-Step Process
X]Archeologist
Name: Mark Vadas
Date:09/27/2021
Comments: Project will be removing modem fill recently placed on to of existing bedrock.The fill is a fight
tan/white sand that is markedly different from the dark organic marl and dark organic sandy silt that makes up the
natural soil layer in the area.
Check if project does not involve ground disturbance
Assessment of Effect: —No Potential to Cause Effect No Historic Properties Affected X No Adverse
Effect Adverse Effect Streamlined Review
Recommendations for conditions or stipulations: Do not remove any soil that is clearly not fill.An
archeological monitor will be needed for all soil moving/planting efforts.
Doc Method: Standard 4-Step Process
X] Historian
Name: James Williams
Date:09/28/2021
Check if project does not involve ground disturbance
Assessment of Effect: —No Potential to Cause Effect No Historic Properties Affected X No Adverse
Effect Adverse Effect Streamlined Review
Recommendations for conditions or stipulations:
Doc Method: Standard 4-Step Process
No Reviews From:Curator,Historical Architect,Other Advisor,Anthropologist,Historical Landscape Architect
C.PARK SECTION 106 COORDINATOR'S REVIEW AND RECOMMENDATIONS
1. Assessment of Effect: OGC No, 21-0546
No Potential to Cause Effects Attachment 11
No Historic Properties Affected Pg 9 of 10
x No Adverse Effect
Adverse Effect
2. Documentation Method:
[ X ]A. Standard 36 CFR Part 800 Consultation
Further consultation under 36 CFR Part 800 is needed.
[ ] B. Streamlined Review Under the 2008 Servicewide Programmatic Agreement (PA)
The above action meets all conditions for a streamlined review under section III of the 2008 Servicewide PA for
Section 106 compliance.
Applicable Streamlined Review Criteria
(Specify 1-16 of the list of streamlined review criteria.)
[ ] C. Undertaking Related to Park Specific or Another Agreement
The proposed undertaking is covered for Section 106 purposes under another document such as a park,region or
statewide agreement established in accord with 36 CFR 800.7 or 36 CFR 800.14.
[ ] D. Combined NEPA/NHPA Process
Process and documentation required for the preparation of an EA/FONSI or an EIS/ROD to comply with Section
106 is in accord with 36 CFR 800.8.c.
[ ] E.Memo to Project File
3. Consultation Information
SHPO Required: No
SHPO Sent:
SHPO Received:
THPO Required:
THPO Sent:
THPO Received:
SHP0fTHP0 Notes: Concur with No Adverse Effect-A cultural resources monitor/archaeologist is required for
all work
Advisory Council Participating: No
Advisory Council Notes:
Additional Consulting Parties: No
4. Stipulations and Conditions: Following are listed any stipulations or conditions necessary to ensure that the
assessment of effect above is consistent with 36 CFR Part 800 criteria of effect or to avoid or reduce potential
adverse effects.
Do not remove any soil that is clearly not fill.If soil needs to be removed that is not clearly modern fill.An
archeological monitor will be needed for any soil moving/planting efforts.
5. Mitigations/Treatment Measures: Measures to prevent or minimize loss or impairment of historic/prehistoric
properties:(Remember that setting,location,and use may be relevant.)
Required Mitigations- For the proposed project actions to be within compliance requirements during
construction and/or project implementation,the following mitigations must be adhered to:
• Boulders or rip rap and native plantings described in the mitigation plan to be placed between
properties will not be placed within Everglades National Park boundary.
• If wildlife is observed within the work area,all activities must stop until individuals leave the area
on their own.
• To the extent possible, work should be not be carried out between March 1 and September 30 to
avoid crocodile nesting season. If work must be carried out during the nest season,activities
must be coordinated with SFNRC Biological Resources staff and consultation with US Fish and
Wildlife Service may be required.
• Determination of permit requirements and obtaining required permits is the responsibility of
Thurmond Street LLC. Any required permits (USAGE 404, FDEP ERP,etc) must be obtained
prior to implementing this work.
• Material used for planting at site must be free from weeds and other pests.All material proposed
to be planted at site must be made available for inspection by National Park Service prior to
installing.
6. Assessment of Effect Notes:
Project will be removing modern fill recently placed on top of existing bedrock.The fill is a light tan/white sand
that is markedly different from the dark organic marl and dark organic sandy silt that makes up the natural soil
layer in the area.
D. RECOMMENDED BY PARK SECTION 106 COORDINATOR:
Compliance Specialist:
NHPA Specialist i r Digitally signed by JACI WELLS N Date: 2021.10.28 09:55:15
Jaci Wells 04'00' Date:
E.SUPERINTENDENT'S APPROVAL
The proposed work conforms to the NPS Management Policies and Cultural Resource Management Guideline, and
I have reviewed and approve the recommendations,stipulations,or conditions noted in Section C of this form.
Signature
Superintendent: SABRINA ?A&WRV by
Date:
DIAZ _R��021.10.2911:10:16
For Pedro Ramos
OGC No. 21-0546
Attachment 11
Pg 10 of" 10
Exhibit A
C Case No. 21.-05
Page J of 7
July 3,201
Revised January 7,220
Revised March 10,2020
Revised July 20,2021
All
u
Restorationwi gat
Prepared By:ALL SERVICES ENVIRONMENTAL LLC
1 Beals Hammock Ln Key Largo FL 33037
Prepared For:Thurmond Street Partners LLC
Thurmond St Key Largo FL 33037
Florida.Department of Environmental Protection
Compliance Assistance Offer
Site No. 36 553/Project No 380451
Exhibit
[}6C Case No, 2240546
Page 2of7
5UIN/1rVV\R"i
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. Neaohore community consists of
mangroves,seagrass and macro algae communities.
TASK1:REST'ORAT�ON
The following outlines the proposed restoration based on current on-site observations as well as the
recommendations for return tocompliance by the Florida Department ofEnvironmental Protection
(here after referred toasFDEP). All work will be supervised byASE personnel toguarantee
environmental compliance.
Renm.)va| ofQnauthor!z e dFU|
TSP is proposing the removal of 1,403ft2 of unauthorized fill (sand)on Federal and 834ft2onCounty
lands. Total restoration area is 2,237ft2 The 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 10ftofmean high water mark. Sand will be
removed toa depth between 2'6in depth to natural soil and grade. Removal of sand will only occur
within Federal and County lands,above the mean high water mark. Determination of mean high water
mark will be via survey provided byTSP on February 10, 2020.
The measurements for sand removal and restoration are based on measurements found in Figure 1
and Figune2. Field Measurements resulted in2,2D5ft2,aerial measurements 2,237ft2. It is proposed
to utilized field measurements, as they suggest real conditions.
Rernoua� ofUnauthiorized Fii| |nSNbmmeraeti L�mds
TSPisproposing and ASEis 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 seagnass and microalgaecommunity. |tis suggested that any removal ofminimal
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.
Rastorat|oo of' Mangrove and Shoreline Plant Curnrnunity
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 ofbayside wetland habitat. Planting suggestions are 4propagu|es/sq.ft.Additionally TSPis
proposing and ASE is recommending the planting of 1905 ft2 of native shoreline plants after fill is
2of7
Exhibit
O6C Case No. 21-DS46
Page 3of7
removed.ASE is recommended 8 plants be planted every 100sq ft for a total of an approximate 155
additional plants. |tis recommended to plant small 1'3 gallon size plants asto not to disturb the sub
straight further.Any black mangrove liners (saplings) utilized will be counted as two liners equivalent
to1gallon pot.
Avicenn/a gern/nann Mangrove, Black
Conooa/punonoob/n Green Buttonwood
Plants will be sourced at nurseries in Miami Dade County as well as through the Florida Association of
Native Nurseries.
TASK L PkAON�TOR�NG
K8onitoring 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.
RestonadomreportsuviUcontimueevery6monthsprovidedonthe3OmofSeptemberandthe3l"of
March until such time as the FDEP closes the Consent Agreement.
TSP will guarantee that 8D%of the planted material will survive 3years.
CQN C L U S|O N
Thurmond Street Partners LL[wishes to resolve this issue and bring the property into full
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 tothis time, hmmeverTSP 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.
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OGC Case Co. 21-056
Page 6 of
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Figure :Bay bottom conditions adjacent to 00088170-000000
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FigureAreas of fill removal on Federal lands(00087920- 00)
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Exhibit
DGC Case No. 21-0546
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Figure 7:Area of Federal and County lands for mangrove planting along shore.
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Figure g:Area of land for fill removal and restoration planting.
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