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Page 2 Osprey Marsh BCC Meeting — January 7, 2013 — CONSENT December 30, 2013 Florida Department of Environmental Protection (FDEP).2 Therefore, the Work was bid and a construction contract awarded without a landscaping design, but with the understanding that landscaping will be performed by a third party hired by the County, working in harmony with the construction contractor. The Scrub Jay friendly landscaping was subsequently designed by G K Environmental, Inc. (GKE) in conjunction with Public Works Stormwater Division. GKE also negotiated landscape criteria and layout with USFWS on behalf of the County. The County Commission approved GKE's landscaping design and permitting services via Work Order No. GKE-2 on May 7, 2013. The County received notification of USFWS approval of the Scrub Jay friendly landscaping design on or about November 21, 2013. Apart from issuance of a County Administrative Site Plan Approval, the landscaping plans and specifications are now considered complete.3 In Osprey Marsh's December 9, 2013 regularly scheduled construction progress meeting, the construction contractor, Close Construction, LLC (Close), informed staff that the project's Polishing Pond, Wetland Area, and vicinity will be ready to receive landscape plantings by the end of January 2014. This area represents approximately one-third of the project site, situated at the north end of the property. It is critical that the plants are installed immediately after final grading in order to prevent erosion. Of special concern is preventing erosion of the Polishing Pond and Wetland Area side slopes Due to FDEP requirements, the sides and bottoms of these water bodies will be made impervious using a carefully applied clay liner under a sand cover. Side slope erosion may compromise the clay liner's integrity and repair efforts will be difficult. Therefore, in order to minimize the potential of erosion damage to the clay lining and other final graded areas, time is of the essence with respect to installation of plantings in these areas. Landscaping will be installed on the remainder of the site near the end of overall construction activities. Because of the landscaping delays created by USFWS's concerns regarding protection of the Flonda Scrub Jay, there is not enough time to bid the landscaping work before the landscaping is required at Osprey Marsh. However, staff believes that GKE is the firm best suited to most efficiently and cost effectively perform the required landscaping work and related exotic control. GKE is intimately familiar with the Osprey Marsh landscape design and USFWS permit requirements. GKE has provided landscape maintenance and exotic control services at Egret Marsh Stormwater Park (Egret Marsh) since November 2010. GKE performed extensive landscape plantings and maintenance at Egret Marsh after the County terminated the construction contract with H&D Construction for non-payment to subcontractors. Most recently, GKE provided 2 The Consent Order requires the Utility Department to cease direct discharge of brine concentrate from the South County Water Treatment Plant into the Indian River Farms Water Control District (IRFWCD) South Relief Canal 3 An Administrative Site Plan Approval must be issued by County Division of Commumty Development for the Scrub Jay friendly landscaping design and staff is preparing this application. The original site plan for the project was prepared based on regular County code landscape requirements before the Scrub Jay issue became known. The Administrative Approval is to revise the approved site plan submittal for the Scrub Jay friendly design. 55