Ontario Ministry of the Environment and Climate Change - Record of Site Condition #

Transcription

1 Ontario Ministry of the Environment and Climate Change - Record of Site Condition # Record of Site Condition Under Part XV.1 of the Environment Protection Act Summary Record of Site Condition Number Date Filed to Environmental Site Registry 2015/03/20 Certification Date 2015/01/27 Current Property Use Agricultural/Other Intended Property Use Residential Certificate of Property Use Number No CPU Applicable Site Condition Standards** ESA Phase 1 Property Municipal Address 102 KESTREL STREET, KITCHENER, ON, N2K 4K1 Notice to Readers Concerning Due Diligence This record of site condition has been filed in the Environmental Site Registry to which the public has access and which contains a notice advising users of the Environmental Site Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Environmental Site Registry. Contents of this Record of Site Condition This record of site condition consists (RSC) of this document which is available to be printed directly from the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been submitted in electronic format to the Ministry of the Environment and Climate Change. Filed Record of Site Condition # on 2015/03/20 1 of 10

2 PART 1: PROPERTY OWNERSHIP, PROPERTY INFORMATION AND OWNER'S CERTIFICATIONS Information about the owner who is submitting or authorizing the submission of the RSC Owner Name Authorized Person Mailing Address Postal Code ONTARIO INC. LEE PICCOLI 500 HANLON CREEK BOULEVARD, GUELPH ONTARIO, CANADA N1C 0A1 Phone (519) Fax (519) Address Filed Record of Site Condition # on 2015/03/20 2 of 10

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) 102 KESTREL STREET, KITCHENER, ON N2K 4K1 Guelph See Attached Lawyer s Letter (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 542, Northing 4,816, RSC Property Use Information The following types of property uses are defined by the Regulation: Agricultural or other use, Commercial use, Community use, Industrial use, Institutional use, Parkland use, and Residential use. Current Property Use Intended Property Use Certificate of Property Use has been issued under section of the EPA Agricultural/Other Residential No Filed Record of Site Condition # on 2015/03/20 3 of 10

4 Please See the Signed Statements of Property Owner, or Agent, or Receiver at the End of this RSC The rest of this page has been left intentionally blank Filed Record of Site Condition # on 2015/03/20 4 of 10

5 PART 2: LIST OF REPORTS, SUMMARY OF SITE CONDITIONS AND QUALIFIED PERSON S STATEMENTS AND CERTIFICATIONS Qualified Person's Information Name Type of Licence Under Professional Engineers Act KRISTIAN DALE PETER Licence Licence Number QP Employer Name Mailing Address XCG CONSULTANTS LIMITED 820 TRILLIUM DRIVE, KITCHENER ONTARIO, N2R 1K4 CANADA Phone (519) Fax (519) Address kristian.peter@xcg.com Municipal Information Local or Single-Tier Municipality Guelph Ministry of the Environment and Climate Change District Office District Office District Office Address Guelph District Office 1 Stone Road W., Guelph ON N1G 4Y2 Filed Record of Site Condition # on 2015/03/20 5 of 10

6 Phase One Environmental Site Assessment Report Document used as the phase one environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done (refer to clause 28(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P1 ESA Phase One Environmental Site Assessment, 102 Kestrel Street, Kitchener, Ontario Kristian Peter XCG CONSULTANTS LTD. Reports and Other Documents Related to the Phase One Environmental Site Assessment Reports and other documents relied upon in certifying the information set out in section 10 of Schedule A or otherwise used in conducting the phase one environmental site assessment Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company N/A Filed Record of Site Condition # on 2015/03/20 6 of 10

7 Site Condition Information Certification date (YYYY/MM/DD) 2015/01/27 Total area of RSC property (in hectares) Number of any previously filed RSC that applies to any part of the RSC property Number of any previously filed Transition Notice that applies to any part of the RSC property Soil brought from another property to this RSC property to remain there following the filing of the RSC? No Filed Record of Site Condition # on 2015/03/20 7 of 10

8 Qualified Person s Statements and Certifications As the qualified person, I certify that: A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. As of 2015/01/27, no phase two environmental site assessment is required by the regulation for the RSC property and based on the phase one environmental site assessment for the RSC property, in my opinion, it is not necessary for any other reason to conduct a phase two environmental site assessment for the RSC property. As of 2015/01/27, in my opinion, based on the phase one environmental site assessment, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that, if the RSC property were put to any of the types of property uses listed in subsection 1 (2) of the regulation, are likely to interfere with any of those types of property uses. I am a qualified person and have the qualifications required by section 5 of the regulation. I have in place an insurance policy that satisfies the requirements of section 7 of the regulation. I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. I do not hold and have not held and my employer XCG CONSULTANTS LIMITED does not hold and has not held a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based To the best of my knowledge, the certifications and statements in this part of the RSC are true as of 2015/01/27. By signing this RSC, I make no express or implied warranties or guarantees. By checking the boxes above, and entering my membership/licence number in this submission, I, KRISTIAN DALE PETER, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/03/11: a) signing this record of site condition submission as a qualified person; and b) making all certifications required as a qualified person for this record of site condition. I Agree Filed Record of Site Condition # on 2015/03/20 8 of 10

9 Additional Documentation Provided by Property Owner or Agent The following documents have been submitted to the Ministry of the Environment and Climate Change as part of the record of site condition Certificate of Status or equivalent for the owner Lawyer s letter consisting of a legal description of the property Copy of any deed(s), transfer(s) or other document(s) by which the RSC property was acquired A Current plan of Survey Table of Current and Past Uses of the Phase One Property Phase 1 Conceptual Site Model Owner or agent certification statements Filed Record of Site Condition # on 2015/03/20 9 of 10

10 Filed Record of Site Condition # on 2015/03/20 10 of 10

11 Request ID: Province of Ontario Date Report Produced: 2015/03/19 Demande n : Province de l'ontario Document produit le : Transaction ID: Ministry of Government Services Time Report Produced: 09:05:45 Transaction n : Ministère des Services gouvernementaux Imprimé à : Category ID: CT Catégorie : CERTIFICATE OF STATUS ATTESTATION DU STATUT JURIDIQUE This is to certify that according to the records of the Ministry of Government Services D'après les dossiers du Ministère des Services gouvernementaux, nous attestons que la société O N T A R I O I N C. Ontario Corporation Number Numéro matricule de la société (Ontario) is a corporation incorporated, amalgamated or continued under the laws of the Province of Ontario. The corporation came into existence on est une société constituée, prorogée ou née d'une fusion aux termes des lois de la Province de l'ontario. La société a été fondée le D E C E M B E R 1 1 D É C E M B R E, and has not been dissolved. et n'est pas dissoute. Dated Fait le M A R C H 1 9 M A R S, Director Directeur The issuance of this certificate in electronic form is authorized by the La dõlivrance du prõsent certificat sous forme Õlectronique est autorisõe par la Director of Companies and Personal Property Security Branch. Directrice de la Direction des compagnies et des s«retõs mobiliòres.

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13 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 1 OF 2 REGISTRY PREPARED FOR ALamek01 OFFICE # (LT) ON 2015/01/30 AT 11:06:18 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * PROPERTY DESCRIPTION: LOT 93, PLAN 58M512; CITY OF KITCHENER PROPERTY REMARKS: ESTATE/QUALIFIER: RECENTLY: PIN CREATION DATE: FEE SIMPLE SUBDIVISION FROM /12/09 ABSOLUTE OWNERS NAMES CAPACITY SHARE ONTARIO INC. ROWN REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD ** PRINTOUT INCLUDES ALL DOCUMENT TYPES (DELETED INSTRUMENTS NOT INCLUDED) ** LT /08/11 NO SUB AGREEMENT SOUTHSTATON HOLDINGS LIMITED THE CORPORATION OF THE CITY OF KITCHENER C HYDRO ELECTRIC COMMISSION OF KITCHENER WILMOT REMARKS: NOTE: LT49030 IS THE SAME AS CORRECTIONS: PARTY: HYDRO ELECTRIC COMMISSION OF KITCHENER WILMOT ADDED ON 2000/11/02 BY LINDA MCKNIGHT /08/11 AGR SUBDIVISION SOUTHSTATON HOLDINGS LIMITED THE CORPORATION OF THE CITY OF KITCHENER C HYDRO ELECTRIC COMMISSION OF KITCHENER WILMOT REMARKS: NOTE: IS THE SAME AS LT LT /04/24 NO SUB AGREEMENT SOUTHSTATON HOLDINGS LTD. THE CORPORATION OF THE CITY OF WATERLOO C LT /04/24 NO SUB AGREEMENT SOUTHSTATON HOLDINGS LIMITED THE CORPORATION OF THE CITY OF KITCHENER C WR /10/05 NO SUB AGREEMENT THE CORPORATION OF THE CITY OF KITCHENER THE CORPORATION OF THE CITY OF KITCHENER C WR /10/26 NOTICE $1 THE CORPORATION OF THE CITY OF KITCHENER C REMARKS: WR M /12/02 PLAN SUBDIVISION C WR /03/15 NOTICE THE CORPORATION OF THE CITY OF KITCHENER C WR /10/07 APL ANNEX REST COV ACTIVA HOLDINGS INC. C WR /05/24 TRANSFER $242,150 ACTIVA HOLDINGS INC ONTARIO INC. C WR /05/24 CHARGE $1,877, ONTARIO INC. ACTIVA HOLDINGS INC. C WR /10/04 CHARGE $5,000, ONTARIO INC. ROYAL BANK OF CANADA C WR /09/24 NOTICE ACTIVA HOLDINGS INC ONTARIO INC. C NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.

14 PARCEL REGISTER (ABBREVIATED) FOR PROPERTY IDENTIFIER LAND PAGE 2 OF 2 REGISTRY PREPARED FOR ALamek01 OFFICE # (LT) ON 2015/01/30 AT 11:06:18 * CERTIFIED IN ACCORDANCE WITH THE LAND TITLES ACT * SUBJECT TO RESERVATIONS IN CROWN GRANT * REG. NUM. DATE INSTRUMENT TYPE AMOUNT PARTIES FROM PARTIES TO CERT/ CHKD REMARKS: WR NOTE: ADJOINING PROPERTIES SHOULD BE INVESTIGATED TO ASCERTAIN DESCRIPTIVE INCONSISTENCIES, IF ANY, WITH DESCRIPTION REPRESENTED FOR THIS PROPERTY. NOTE: ENSURE THAT YOUR PRINTOUT STATES THE TOTAL NUMBER OF PAGES AND THAT YOU HAVE PICKED THEM ALL UP.

15 Phase One and RSC Property

16 102 Kestrel Street, Kitchener, Ontario Table of Current and Past Uses of the Phase One Property [Refer to clause 16(2)(b), Schedule D, O. Reg. 153/04] Year Name of Owner Description of Property Use Property Use 1 Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. Prior to February 24, 1877 Daniel Wismer No information available. Agricultural or other use No information available. February 24, 1877 to January 24, 1882 Daniel Burkholder No information available. Agricultural or other use No information available. January 24, 1882 to May 23, 1882 Henry and Elizabeth Erb No information available. Agricultural or other use No information available. May 23, 1882 to December 22, 1884 Amos and Mary Ann Erb No information available. Agricultural or other use No information available. December 22, 1884 to March 3, 1886 Dilman Moyer No information available. Agricultural or other use No information available. March 3, 1886 to December 19, 1896 Margaret Moyer No information available. Agricultural or other use No information available. December 19, 1896 to July 7, 1914 Walter and John Pomeroy No information available. Agricultural or other use No information available. July 7, 1914 to May 10, 1945 William Breithaupt Agricultural farm land Agricultural or other use 1930 aerial photograph indicated Phase One Property part of a larger agricultural field May 10, 1945 to November 6, 1947 Vernon Klee Agricultural farm land Agricultural or other use 1946 aerial photograph indicated Phase One Property part of a larger agricultural field November 6, 1947 to December 29, 1961 Ralph Miller Agricultural farm land Agricultural or other use 1955 aerial photograph indicated Phase One Property part of a larger agricultural field December 29, 1961 to August 15, 1983 Norah Knell Agricultural farm land Agricultural or other use 1963, 1792, and 1982 aerial photographs indicated Phase One Property part of a larger agricultural field August 15, 1983 to June 1, 1987 Lynnet and Kenneth Figgins Agricultural farm land Agricultural or other use No other information available. July 1, 1987 to October 2, 1995 Charles and Brenda Goodfellow Agricultural farm land Agricultural or other use 1990 aerial photograph indicated the Phase One Property part of a larger agricultural field October 2, 1995 to June 28, 2000 Southstation Holdings Limited and Activa Agricultural farm land Agricultural or other use 2000 aerial photograph indicated the Phase One Property part of a larger agricultural field Investment Corporation June 28, 2000 to May 14, 2001 Southstation Holdings Limited Agricultural farm land Agricultural or other use No other information available. May 14, 2001 to June 23, 2004 and September 22, 2010 Southstation Holdings Inc. Vacant land, temporary traffic turning circle located on the east portion of the Phase One Property Agricultural or other use 2003 aerial photograph indicated that construction had begun on a temporary traffic turning circle on the east portion of the Phase One Property and 2010 aerial photographs indicated the temporary traffic turning circle had been paved between 2003 and September 22, 2010 to September 22, 2010 Roadway Operations & Maintenance Corporation of Ontario Inc. Vacant land, temporary traffic turning circle located on the east portion of the Phase One Property Agricultural or other use No other information available. June 23, 2004 and September 22, 2010 to Activa Holdings Inc. Vacant Lot Agricultural or other use No other information available. May 24, 2012 May 24, 2012 to current Ontario Inc. Vacant, unoccupied lot Agricultural or other use 2012 aerial photograph indicated that the temporary traffic turning circle on the east portion of the Phase One Property had been removed. The Phase One Property appeared to be gravel covered vacant lot. Notes: 1 - For each owner, specify one of the following types of property use (as defined in O. Reg. 153/04) that applies: - Agriculture or other use - Commercial use - Community use - Industrial use - Institutional use - Parkland use - Residential use 2 - When submitting a record of site condition for filing, a copy of this table must be attached /RSC ATT5

17 102 Kestrel Street, Kitchener, Ontario APPENDICES ATTACHMENT 6 PHASE ONE CONCEPTUAL SITE MODEL /RSC Att 6.docx

18 102 Kestrel Street, Kitchener, Ontario APPENDICES PHASE ONE CONCEPTUAL SITE MODEL The Phase One Property is irregular in shape, with an approximate area of 0.07 hectares (0.18 acres). The Phase One Property is currently vacant and undeveloped, scheduled for development with a single-family residential dwelling. Previously, the east portion of the Phase One Property was subject to an easement from the City of Kitchener and was covered in asphalt pavement as part of a temporary traffic turning circle at the end of the developed portion of Kestrel Street. Currently, Kestrel Street has been extended further north and the temporary traffic turning circle and associated asphalt pavement has been removed from the Phase One Property. The Phase One Study Area including property boundaries and roadways is shown on Figure 1. No potentially contaminating areas (PCAs) or areas of potential environmental concern (APECs) were identified in the Phase One Study Area. The closest permanent body of water to the Phase One Property is a storm water retention pond located approximately 100 metres to the east. The Grand River is located approximately 230 metres to the east of the Phase One Property. There are no water bodies located on the Phase One Property. The Phase One Property is not designated as an area of natural significance, and there are no areas of natural significance within the Phase One Study Area. The occupants and land use on the adjacent neighbouring properties are shown on Figure 2. The Phase One Property is relatively flat, with the exception of the eastern portion of the property which is lower than the rest of the Phase One Property. This portion of the Phase One Property had been partially excavated in preparation for the construction of a residential dwelling on-site. The Phase One Property is at a similar grade with its neighbouring properties. The Phase One Property currently has no on-site structures. The ground surfaces of the Phase One Property are native soil, with some grassed areas on the western portion. Based on a review of Ministry of the Environment and Climate Change (MOECC) 1 Water Well Records, 2014, the closest well with stratigraphy information was located approximately 370 metres south of the Phase One Property. Stratigraphy encountered during the construction of this well consisted of sand, gravel, and boulders between ground surface and 4.9 metres below ground surface (bgs), where the well was terminated. Shallow overburden groundwater was encountered approximately 4.3 metres bgs at this well location. Based on a review of MOECC Water Well Records, within 1.0 kilometres of the Phase One Property, overburden stratigraphy typically comprised coarse-grained deposits (sand and gravel) underlain by clay and/or silty clay till, underlain by limestone bedrock at depths ranging from 26.8 to 58.5 metres bgs. Based on a review of MOECC Water Well Records, 2014, there are approximately 71 water wells located within a 1.0-kilometre radius of the Phase One Property. Reportedly, two of these wells are no longer being used, 41 are domestic wells, one is an irrigation well, two are air conditioning supply wells, two are livestock supply wells, one is a municipal supply well, four are monitoring wells, four are public supply wells and the remaining 14 wells did not have their use indicated. 1 Previously also known as the Ministry of the Environment (MOE) and the Ministry of the Environment and Energy (MOEE) /RSC Att 6.docx

19 102 Kestrel Street, Kitchener, Ontario APPENDICES The table below summarizes uncertainties associated with the Phase One ESA conceptual site model. None of the uncertainties identified were interpreted to affect the validity of the conceptual site model. Summary of Phase One ESA Uncertainty Uncertainty Description Effect Records Review Interviews A review of the environmental records (including chain of title, city directories, environmental databases, regulatory agency records, aerial photographs, and water well records) did not identify any major uncertainties. Due to the scale of some of the available aerial photographs, specific details within of the Phase One Study Area could not be discerned. Limited availability of personnel familiar with the Phase One Property no historic owner available for interview Site Reconnaissance No impediments N/A Based on the history of the Phase One Study Area as agricultural land, this is not considered to significantly impact conclusions of Phase One ESA. Based on the history of site as agricultural and availability of other resources this is not considered to significantly impact the conclusions of Phase One ESA /RSC Att 6.docx

20 WOOLWICH ST. KEY MAP NOT TO SCALE PHASE ONE STUDY AREA PHASE ONE PROPERTY LEGEND: APPROXIMATE PHASE ONE STUDY AREA APPROXIMATE 250m PROPERTY BUFFER APPROXIMATE PHASE ONE PROPERTY BOUNDARIES APPROXIMATE PROPERTY BOUNDARIES BUILDING m DRAWING REFERENCE: Figure based on Region of Waterloo online maps and XCG field notes. NOTE: Location of building, underground utilities, etc. are for reference only and should not be relied upon for detailed design, renovation, or construction purposes. Property boundary and building locations shown may not represent actual surveyed boundaries. SHEET: RSC Att6-01.pdf FILE: RSC dwg

21 WOOLWICH ST. KEY MAP NOT TO SCALE PHASE ONE STUDY AREA PHASE ONE PROPERTY (215 FALCONRIDGE DR.) (6 EAGLECREST ST.) (10 EAGLECREST ST.) (14 EAGLECREST ST.) (18 EAGLECREST ST.) (22 EAGLECREST ST.) LEGEND: APPROXIMATE PHASE ONE PROPERTY BOUNDARIES APPROXIMATE PROPERTY BOUNDARIES FORMER FEATURES GRASSED AREA STOCK PILED SOIL FROM ON-SITE EXCAVATION (211 FALCONRIDGE DR.) TOPSOIL PILE STOCK PILED SOIL FROM ON-SITE EXCAVATION (107 KESTREL ST.) EXCAVATED AREA (207 FALCONRIDGE DR.) (98 KESTREL ST.) APPROXIMATE BOUNDARY OF FORMER PAVED TURNING CIRCLE (103 KESTREL ST.) (203 FALCONRIDGE DR.) (94 KESTREL ST.) (99 KESTREL ST.) m (90 KESTREL ST.) (85 KESTREL ST.) DRAWING REFERENCE: Figure based on Region of Waterloo online maps and XCG field notes. NOTE: Location of building, underground utilities, etc. are for reference only and should not be relied upon for detailed design, renovation, or construction purposes. Property boundary and building locations shown may not represent actual surveyed boundaries. SHEET: RSC Att6-02.pdf FILE: RSC dwg