HomeMy WebLinkAboutItem C27 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: C27
26-32385
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Erika Nodal
AGENDA ITEM WORDING:
Approval to enter into an agreement with the Florida Department of Environmental Protection (FDEP)
to resolve matters arising from alleged unauthorized mangrove alterations at Harry Harris Park,
requiring a $6,350 settlement penalty and ongoing restoration costs.
ITEM BACKGROUND:
Mangroves located on County-owned property at Harry Harris Park were mistakenly altered without
the required authorization by a Monroe County employee. The Florida Department of Environmental
Protection (DEP) was notified, conducted a site inspection, and determined that the mangrove
alterations were unauthorized and must be mitigated in accordance with applicable regulatory
requirements.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Respondent shall pay the Department$6,350.00 in settlement of the matters addressed in this Consent
Order. Respondent shall be responsible for the costs associated with the required restoration and
monitoring, including $2,904 for preparation of the restoration plan, $649 for the initial monitoring
report following planting, and $509 for each subsequent monitoring event, conducted quarterly during
the first year and annually thereafter for years two through five, as required. This estimate does not
include the cost of plants or installation.
Effective Date: July 15, 2026
Expiration Date: Subject to Maintenance and Monitoring Actions for 5 years following completion
of the restoration actions.
Total Dollar Value of Contract: $11,275.00
Total Cost to County: $11,275.00
Current Year Portion: C.:hck oir tap heire to eiriteir te)Ct.
Budgeted:
Source of Funds:
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Ron
DEPApr $
e� FLORIDA DEPARTMENT OF Governor
o
0
Environmental Protection Jay Collins
Lt.Governor
�\IIIIIIIIII I'll I � � �
0 Southeast District A.Lambert
"WrAL 2796 Overseas Highway,Suite 221 Secretary
Marathon,FL 33050
305-289-7070
April 17, 2026
Monroe County
c/o Michelle Lincoln, Mayor
7280 Overseas Highway#2
Marathon, FL 33050
boccdis2kmonroecounty-fol.gov
Re: Florida Department of Environmental Protection v. Monroe County
OGC File No. 26-0543; ERP Site No. 147352
Monroe County
Dear Ms. Lincoln:
Enclosed is a Consent Order ("Order")prepared by the Department for resolution of the above
referenced enforcement case. Please review this document and within 20 days of receipt return a
signed copy to the Department. All pages within the Order should be included with your returned
signed copy. Once fully executed, a copy of the final document will be forwarded to you.
Should you have any questions or comments,please contact Bryn Poffenbarger at 305-289-7082
or via e-mail at Bryn.PoffenbargerkFloridaDEP.gov.
Sincerely,
Buena Davila
Director, Southeast District
Florida Department of Environmental Protection
Enclosure: Draft Consent Order, Attachments I-I1I, and Exhibit A
ec: Sirena Davila, FDEP Sirena.Davila(c�FloridaDEP.gov
Viviana Useche, FDEP Viviana.UsechekFloridaDEP._og_v
Luciano Guidon, FDEP Luciano.Guidoni(a,FloridaDEP.gov
Whitney M'Liss Bordelon, FDEP Whitney.Bordelon ckFloridaDEP._oovv
Xenia Alonso, FDEP Xenia.Alonso a,FloridaDEP.gov
John Allen, Monroe County Allen-JohnkMonroeCounty-FL.Gov
Kacey Hunt, Monroe County Hunt-Kacey(a),MonroeCouty-FL.Gov
www.FloridaDEP.gov
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTHEAST DISTRICT
Complainant, )
OGC FILE NO. 26-0543
VS. )
Monroe County )
Respondent. )
CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department"), and Monroe County ("Respondent")
pursuant to Section 120.57(4), Florida Statutes, to settle certain matters at issue between
the Department and Respondent.
The Department and Respondent agree to 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, and the
rules promulgated and authorized thereunder, Title 62, Florida Administrative Code.
The Department has jurisdiction over the matters addressed in this Consent Order.
2. Respondent is a person within the meaning of Section 373.019(15), Florida
Statutes.
3. Respondent is the owner of property located at 50 E. Beach Road,
Tavernier, in Monroe County (Parcel No. 00089220-000000) approximately at Latitude N
25°1'38.6950" Longitude W -80°29'33.8687"
DEP vs.Monroe County Page 2 of 15
Consent Order
OGC No.26-0543
4. The Department alleges that the Respondent violated Sections
403.9328(1), and 373.430, Florida Statutes. An inspection by the Department on
February 12, 2026, alleges that the Respondent altered approximately 3,916 square feet
(sq. ft.) of intermixed red (Rhizophora mangle),black (Avicennia germinans) and white
mangroves (Laguncularia racemosa) without a valid permit from the Department. The
activity was conducted on the above-described Property within the landward extent of
a residential canal, Class III Waters of the State, as defined by Florida Law.
Having reached a resolution of the matter Respondent and the Department
mutually agree and it is,
ORDERED:
5. Within 90 days of the effective date of this Consent Order, Respondent
shall pay the Department $6,350.00 in settlement of the matters addressed in this
Consent Order. This amount includes $500.00 for costs and expenses incurred by the
Department during the investigation of this matter and the preparation and tracking of
this Consent Order. The penalties are apportioned as follows: $5,850.00 for violation of
403.9328(1), Florida Statutes. Respondent shall make all payments required by this
Order by cashier's check, money order or on-line payment. Cashier's check or money
order shall be made payable to the "Department of Environmental Protection' and shall
include both the OGC number assigned to this Order and the notation"Water Quality
Assurance Trust Fund." Online payments by e-check can be made by going to the DEP
Business Portal at http://www.fldepportal.com/go/pa-YL It will take a number of days
after this order becomes final, effective and filed with the Clerk of the Department
before ability to make online payment is available.
6. Within 90 days of the effective date of this Consent Order, the Respondent
shall submit a draft Restoration Plan to the Department for review and approval. The
restoration Plan shall be developed by a Professional Mangrove Trimmer ("PMT") or
other qualified professional (including, but not limited to certified arborists, certified
wetland scientists, certified environmental professionals, or a certified ecologist) as
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 3 of 15
Consent Order
OGC No.26-0543
defined in Section 403.9329, Fla. Stat. The Restoration Plan shall, at a minimum,
incorporate the requirements described in the Restoration Actions, attached hereto and
incorporated herein as Attachment I in the manner and within the time frames
specified therein.
7. Respondent will have 30 days from written notification from the
Department to complete any required modifications to the Restoration Plan and
resubmit it to the Department for review and approval.
8. Within 90 days of written notification of the Department's approval of the
Restoration Plan, the Respondent shall implement and complete the restoration actions
described therein. All restoration actions shall be supervised by a PMT or other
qualified professional as defined in Section 403.9329, Fla. Stat.
9. Once the initial restoration actions described in the Department approved
Restoration Plan have been completed, Respondent shall implement the Maintenance
and Monitoring Actions attached hereto and incorporated herein as Attachment II, in
the manner and within the time frames specified therein. All maintenance and
monitoring actions shall be supervised by a PMT or other qualified professional as
defined in Section 403.9329, Fla. Stat.
10. With the exception of the activities described in the Restoration Actions,
effective immediately and henceforth, Respondent shall not conduct any dredging,
filling, 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; nor shall Respondent conduct any activities on state owned
lands below the ordinary or mean high water lines without first obtaining a lease,
easement, or other consent of use from the Department.
11. Respondent agrees to pay the Department stipulated penalties in the
amount of$100.00 per day for each and every day Respondent fails to timely comply
with any of the requirements of paragraphs 6 through 9 of this Consent Order. A
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 4 of 15
Consent Order
OGC No.26-0543
separate stipulated penalty shall be assessed for each violation of this Order. Within 90
days of written demand from the Department, Respondent shall make payment of the
appropriate stipulated penalties to the "The Department of Environmental Protection"
by cashier's check or money order and shall include thereon the OGC number assigned
to this Consent Order 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 5 of this
Consent Order. If the Department is required to file a lawsuit to recover stipulated
penalties under this paragraph, the Department will not be foreclosed from seeking
civil penalties for violations of this Consent Order in an amount greater than the
stipulated penalties due under this paragraph.
12. If any event, including administrative or judicial challenges by third
parties unrelated to the Respondent, occurs which causes delay or the reasonable
likelihood of delay, in complying with the requirements of this Consent Order,
Respondent shall have the burden of proving the delay was or will be caused by
circumstances beyond the reasonable control of the Respondent. and could not have
been or cannot be overcome by Respondent's due diligence. Economic circumstances
shall not be considered circumstances beyond the control of Respondent, 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, 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 shall notify the Department orally within 3 business days 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 measures
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 5 of 15
Consent Order
OGC No.26-0543
taken or to be taken to prevent or minimize the delay and the timetable by which
Respondent intends to implement these measures. If the parties can agree that the
delay or anticipated delay has been or will be caused by circumstances beyond the
reasonable control of Respondent, the time for performance hereunder shall be
extended for a period equal to the agreed delay resulting from such circumstances. Such
agreement shall adopt all reasonable measures necessary to avoid or minimize delays.
Failure of Respondent to comply with the notice requirements of this Paragraph in a
timely manner shall constitute a waiver of Respondent's right to request an extension of
time for compliance with the requirements of this Consent Order.
13. Respondent 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 statutes of the Department.
14. Entry of this Consent Order does not relieve Respondent of the need to
comply with applicable federal, state or local laws, regulations or ordinances.
15. The terms and conditions set forth in this Consent Order may be enforced
in a court of competent jurisdiction pursuant to Sections 120.69 and 373.129, Florida
Statutes. Failure to comply with the terms of this Consent Order shall constitute a
violation of Section 373.430, Florida Statutes.
16. Respondent is fully aware that a violation of the terms of this Consent
Order may subject Respondent to judicial imposition of damages, civil penalties of up
to $15,000 per day per violation.
17. The Department hereby expressly reserves the right to initiate appropriate
legal action to prevent or prohibit any violations of applicable statues, or the rules
promulgated thereunder that are not specifically addressed by the terms of this Consent
Order.
18. The Department, for and in consideration of the complete and timely
performance by Respondent of the obligations agreed to in this Consent Order, hereby
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 6 of 15
Consent Order
OGC No.26-0543
waives its right to seek judicial imposition of damages or civil penalties for alleged
violations addressed in this Consent Order.
19. Respondent acknowledges and waives its right to an administrative
hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this
Consent Order. Respondent acknowledges its right to appeal the terms of this Consent
Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing
this Consent Order.
20. 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, by and through the County Administrator,
and the Department.
21. All submittals and payments, as applicable, required by this Consent
Order are to be submitted to the Department shall be sent via e-mail to
SED_Compliance@dep.state.fl.us or via mail, Attention: Southeast District ERP
Compliance,2796 Overseas Highway, Suite 221, Marathon, FL 33050.
22. 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 shall, at
least 90 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 of the obligations imposed in this Consent Order.
23. 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.
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 7 of 15
Consent Order
OGC No.26-0543
24. 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.
Persons who are not parties to this Consent Order, but whose substantial
interests are affected by it, have a right to petition for an administrative hearing under
sections 120.569 and 120.57, Florida Statutes. 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, or
received via electronic correspondence at Agency_Clerk@floridadep.gov, 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 above at the address indicated.
The petition shall contain the following information:
a) The name and address of each agency affected and each agency's file or
identification number, if known;
b) The name, address, any e-mail address, any facsimile number, and telephone
number of the petitioner, if the petitioner is not represented by an attorney
or a qualified representative; the name, address, and telephone number of
the petitioner's representative, if any, which shall be the address for service
purposes during the course of the proceeding; and an explanation of how
the petitioner's substantial interests will be affected by the agency
determination;
c) A statement of when and how the petitioner received notice of the agency
decision;
d) A statement of all disputed issues of material fact. If there are none, the
petition must so indicate;
e) A concise statement of the ultimate facts alleged, including the specific facts
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 8 of 15
Consent Order
OGC No.26-0543
the petitioner contends warrant reversal or modification of the agency's
proposed action;
f) A statement of the specific rules or statutes the petitioner contends require
reversal or modification of the agency's proposed action, including an
explanation of how the alleged facts relate to the specific rules or statutes;
and
g) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the agency to take with respect to the agency's proposed
action.
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. 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.
Within 10 days after filing a petition, a person whose substantial interests are
affected by this Consent Order may choose to pursue mediation as an alternative
remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely
affect such persons right to an administrative hearing if mediation does not result in a
settlement. Additional information about the mediation process and procedure is
provided in section 120.573, Florida Statutes and Rule 62-110.106(12), Florida
Administrative Code.
25. Rules referenced in this Order are available at
https://floridadep.gov/ogc/ogc/content/rules.
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 9 of 15
Consent Order
OGC No.26-0543
FOR THE RESPONDENT:
Michelle Lincoln, Mayor DATE
Monroe County
FOR DEPARTMENT USE ONLY
DONE AND ORDERED this day of , 2026,
in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Sirena Davila
Director, Southeast District
Filed, on this date, pursuant to Section 120.52, F.S.,with the designated Department
Clerk,receipt of which is hereby acknowledged.
Clerk Date
ec: Lea Crandall, Agency Clerk
Mail Station 35
ATTORNEY
APP
WALTE
DATE: ORNEY
.1.20 6
SLERP/CO (Nov2024)
DEP vs.Monroe County Page 10 of 15
Consent Order
OGC No.26-0543
ATTACHMENT I
RESTORATION ACTIONS
DEP VS. MONROE COUNTY (OGC NO. 26-0543)
1. As required in paragraph 6 of this Order, Respondent's restoration plan
shall, at a minimum contain and achieve the following:
a. Respondent shall restore the impact areas depicted in Exhibit A of
this Order. These areas to be restored shall be referred to as the "Restoration
Area" hereafter.
b. Respondent shall notify the Department at least 48 hours prior to
the commencement of work under these restoration actions.
C. Respondent shall stake the boundaries of the Restoration Area for
approval by the Department, prior to undertaking any restoration work required
in these restoration actions. This staked line shall remain in place during all
phases of restoration, and no wetlands or waters of the state outside of the staked
Restoration Area shall be disturbed or affected by restoration activities.
d. Prior to planting, Respondent shall remove all exotic and nuisance
vegetation listed on the Florida Invasive Species Council's 2023 List of Invasive
Plant Species from the Restoration Area, attached hereto as "Attachment III".
e. All exotic vegetation shall be removed from the restoration area
using hand-held equipment in a manner that will minimize impacts to the
existing wetland plants and will not cause ruts in the wetland soils which will
impede or divert the flow of surface waters.
f. The stumps of exotic plants previously removed shall be treated
annually or as necessary to prevent regrowth, with an appropriate systemic
herbicide approved by the Department in advance.
SLERP/RAFF/0797.10
DEP vs.Monroe County Page 11 of 15
Consent Order
OGC No.26-0543
g. Prior to planting, debris from earlier trimming and cutting shall be
removed from the restoration area and placed in an upland location.
h. Plant a sufficient number of mangroves to achieve, within 5 years, a
canopy area equivalent to the area destroyed, removed, or defoliated.
i. The plan shall include the specific number of mangroves to be
planted.
j. Planted mangroves shall be composed of red mangroves
(Rhizophora mangle),black mangroves (Avicennia germinans) and white mangroves
(Lagunctdaria racemosa).
k. The mangroves shall be at least one-gallon, well-rooted, of nursery
grown
stock.
1. The mangroves shall be appropriately spaced throughout the
Restoration Area as necessary to achieve canopy area equivalent to the area
impacted.
M. The planted mangroves shall be planted throughout the restoration
area, in accordance with the proposed and approved restoration plan.
n. The restoration plan shall include a site map that specifically
defines the
boundaries of the restoration area on the subject property using accurate
areal
measurements from reliable points of reference and must identify where
the different species are to be planted and their spacing.
o. Planted mangroves should be flagged or marked in some manner
so they can be identified in future monitoring events. Replanted mangroves shall
SLERP/RAFF/0797.11
DEP vs.Monroe County Page 12 of 15
Consent Order
OGC No.26-0543
be remarked should the original marking method disappear or become
dislodged.
2. Within 60 days of completion of these restoration actions, Respondent
shall submit a Time-Zero Monitoring Report with the following information to the
Department:
a. Written notification that the restoration actions have been
completed.
b. Enough color photographs to show the entire completed
restoration area taken from fixed reference points shown on a plan-view
drawing.
C. Nursery receipts for all plants used in the restoration actions.
d. Number and spacing of each species planted.
SLERP/RAFF/0797.12
DEP vs.Monroe County Page 13 of 15
Consent Order
OGC No.26-0543
ATTACHMENT II
MAINTENANCE AND MONITORING ACTIONS
DEP VS. MONROE COUNTY (OGC NO. 26-0543)
Following the completion of the Restoration Actions in Attachment I,
Respondent shall implement the following Maintenance and Monitoring Actions:
1. For 5 years following completion of the restoration actions, Respondent
shall inspect the restoration area quarterly the first year and annually from years two to
five. The purpose of the monitoring shall be to determine the success of the restoration.
2 "Success of the restoration" means that at the end of the monitoring
schedule the following success criteria are met in each restoration area required in the
Restoration Actions. At each inspection in the monitoring schedule, Respondent shall
replace enough dead plants to ensure that at least 80 percent of the original number of
each species planted in the Restoration Area is alive.
a. At least 80 percent of the planted mangroves have survived and the
survivors have achieved at least a 30% mean annual growth rate as measured using
statistically valid methods
b. The total contribution to percent cover by the following wetland species or
species not listed in Florida Administrative Code Rule 62-340.450 and/or included in
"Attachment III" is less than 5%.
C. The Restoration Area has been inspected by the Department, and the
Department has informed the Respondent in writing that all success criteria have been
met, and no further monitoring is necessary.
Statistically valid estimating methods include those found in Daubenmire, R.
(1968) , Oosting (1956) , or Mueller Dombois and Ellenberg (1974) , or other
method approved by the Department. More information on these methods will be
provided by the Department upon request.
SLERP/RAFF/0797.13
DEP vs.Monroe County Page 14 of 15
Consent Order
OGC No.26-0543
3. During each inspection, Respondent shall remove all nuisance and exotic
vegetation listed in Attachment III without disturbing the other existing vegetation in
the Restoration Area.
4. Within 60 days after the completion of each inspection in the monitoring
schedule, Respondent shall complete a monitoring report and submit it to the
Department. The monitoring reports shall include the following information:
a. Date of the inspection.
b. Color photographs taken from the same locations as the pictures
taken in the Restoration Actions.
C. Either an actual count or a statistically valid estimate* of the
percentage of each species planted in the Restoration Actions that has survived
compared to the total number of plants in the restoration areas.
d. The number of each species replanted to reach the 80 percent
survival rate.
e. Description of any nuisance or exotic species removal that are listed
in Attachment 111.
f. A plan view noting the locations of all re-plantings.
5. If after a period of three years, the Restoration Area is clearly meeting the
success criteria, Respondents may request, in writing, to the Department, to end the
maintenance and monitoring actions early. The Department expressly reserves the
right to determine if the maintenance and monitoring actions may end early.
6. If after a period of two years of the five-year monitoring period from the
original planting, the Restoration Area is not clearly trending towards success, the
Respondent shall submit an alternative restoration plan to the Department for approval
and implementation, which shall be prepared and implemented by a professional
qualified in mangrove restoration.
SLERP/RAFF/0797.14
DEP vs.Monroe County Page 15 of 15
Consent Order
OGC No.26-0543
7. If the restoration is not deemed successful after the fifth yearly monitoring
event, Respondent must continue to perform the maintenance and monitoring actions
until the Department has informed Respondent that the success criteria have been met,
including the submittal and implementation of alternative planting plans if deemed
necessary.
8. Mangroves in the Restoration Area shall not be trimmed until the
Department has deemed the restoration a success and this Order has been closed.
9. Should the property be sold during the monitoring period, the
Respondent shall remain responsible for the maintenance and monitoring actions and
Respondent shall notify the new owner(s) of the Respondent's obligation to continue
the monitoring and maintenance until the Department has determined that the success
criteria have been met. Respondent shall notify the new owner(s) of this in writing and
shall provide the Department with a copy of the notification document within 15 days
of the sale of the property.
10. Should the terms in Attachment I and 11 conflict with any terms of the
Restoration Plan, the terms within Attachment I and 11 shall prevail.
SLERP/RAFF/0797.15
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