Ontario Ministry of the Environment - Record of Site Condition # Record of Site Condition Under Part XV.1 of the Environment Protection Act

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1 Ontario Ministry of the Environment - 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 11/04/2012 Certification Date 12/03/2012 Current Property Use Commercial Intended Property Use Residential Certificate of Property Use Number No CPU Applicable Site Condition Standards** ESA Phase 1 Property Municipal Address 725 Highway 15 K7L 5H6 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.

2 RSC Information Each field marked by an asterisk ( ) must be completed. * Is the property used, or has it ever been used, in whole or in part for an industrial use or as a garage; a bulk liquid dispensing facility, including a gasoline outlet; or for the operation of dry cleaning equipment? Yes * No During a phase one environmental site assessment of the property, was a potentially contaminating activity identified on, in or under the property? * Yes No Select Type of RSC * Phase 1 RSC Phase 1 and 2 RSC Phase 1 and 2 RSC with RA

3 Owners' General Information Submitting Owner's Information Owner's Information Owners' General Information Is the submitting owner(s) a Receiver for the Property? * Yes No Is the submitting owner(s) represented by an Agent? * Yes No

4 Owners' General Information Submitting Owner's Information Owner's Information Submitting Owner's Information Type of Owner * Owner Name * Firm, Corporation or Partnership Homestead Land Holdings Limited Street Number 80 * Street Name Johnson * Apt No. /RR No. City, Town or Village * Province * Postal Code * Country Kingston Ontario K7L 1X7 Canada Submitting Owner's Contact Information Contact First Name * Contact Last Name * Alfred Hendry Phone Number * (including area code) Fax Number (including area code) (613) (613) Address ahendry@homestead.on.ca

5 Property Address Municipality Information Property Address Does the Property have a Municipal Address? Yes No * Property Reference Number Geographical Reference/Area of RSC Property Is the property administered by MNR under the Public Lands Act? Yes No * Previously Filed RSC(s) and TN(s) Street Number * Street Name * 725 Highway 15 Apt No. /RR No. City, Town or Village * Kingston Province * Ontario Postal Code * K7L 5H6

6 Property Address Municipality Information Property Reference Number Geographical Reference/Area of RSC Property Previously Filed RSC(s) and TN(s) Municipality & Property Address Information Municipality Information Lower or Single Tier Municipality * Kingston Tier of Municipality Single Tier The District Office of MOE * Kingston District Office Address of District Office of MOE Box 22032, 1259 Gardiners Road, Kingston ON K7M 8S5 Click here to view the list of municipalities

7 Property Address Municipality Information Property Reference Number Geographical Reference/Area of RSC Property Municipality & Property Address Information Property Reference Number Assessment Roll Number Property Identifier Number (PIN #) (LT) Previously Filed RSC(s) and TN(s)

8 Property Address Municipality Information Property Reference Number Geographical Reference/Area of RSC Property Previously Filed RSC(s) and TN(s) Geo Reference & Other Properties Details Geographical References UTM Coordinates Datum NAD 83 Zone * 18 Easting * 383, Northing * 4,900, Area of RSC Property Total Area of RSC Property in Hectares * 1.16

9 Property Address Municipality Information Property Reference Number Geographical Reference/Area of RSC Property Previous Submission Information Previously Filed Record of Site Condition Number: None Previously Filed Transition Notice Number: None Previously Filed RSC(s) and TN(s)

10 Risk Assessment Information Risk Assessment Information Has a Certificate of Property Use (CPU) been issued under section of the Act for the RSC property? Yes No Property Use and Certification Date Additional Information

11 Risk Assessment Information Property Use and Certification Date Property Use and Certification Date Current Property Use and Certification Date What is the current use of the property? * Commercial Certification Date * 2012/03/12 Additional Information

12 Risk Assessment Information Property Use and Certification Data Additional Information What is the intended use of the property? * Residential Is Soil brought from another property to this RSC property to remain there following filing of RSC? * Yes No Additional Information

13 Phase One ESA Reports Phase One Reports and Other Documents ESA Reports Phase One ESA Reports The date the last work on the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done. 2012/03/12 * Type of Report * Report Title * Date of Report* Author of Report * Name of Consulting Organization Phase One ESA Phase One Envir 2012/03/12 Peter Roberts, P.E Pinchin Environmental

14 Phase One ESA Reports Phase One Reports and Other Documents Reports and Other Documents Phase 1 Reports and Other Documents List the Reports/Documents other than the document(s) used as your Phase 1 ESA relied on in certifying the information set out in Section 10 of Schedule A or otherwise used in conducting the Phase 1 ESA Report Title* Date of Report* Author of Report * Phase I Environmental Site Assessment, /10/29 Name of Consulting Organization for Report Peter Roberts, P.E Pinchin Environmental Ltd. 725 Highway 15, Kingston, Ontario (ERIS Pr 2012/01/30 Rafal Wojtasik EcoLog ERIS Ltd. 725 Highway 15, Kingston, ON 2010/10/22 Devon Mallay Risk Management Services Fuel tank search /01/20 Sarah Quibell Technical Standards & Safet Chain of Title, Part Lot 15, Concession East 2012/02/15 Richard A McNevin Soloway Wright LLP Freedom of Information and Protection of Pr 2012/02/03 Heidi Ritscher Government of Ontario, Minis NPRI Data Search, /01/23 Environment Canad Environment Canada

15 QP Information QP Information First Name * Middle Name Last Name * Peter Which one of the following licences under the Professional Engineers Act do you hold? * Licence Which one of the following memberships under the Professional Geoscientists Act do you hold? * None Is the QP Employed? * Employer Name * Yes Pinchin Environmental Limited Roberts Licence Number * No QP Contact Information Phone Number * Fax Number * * (613) (613) proberts@pinchin.com QP Mailing Address Information Street Number * Street Name * Apt No. / RR No. 135 Ontario Street City, Town or Village * Province * Postal Code * Kingston Ontario K7L 0A5

16 QP Owner QP A 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 2012/03/12, 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 2012/03/12, 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 Pinchin Environmental 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 2012/03/12 By signing this RSC, I make no express or implied warranties or guarantees. I, the qualified person named below, on the date stated below, make all of the stated certifications applicable to the qualified person in this Part of the record of site condition. Peter Roberts 2012/04/03

17 Owner Click here to download Firm, Corp, Other Form QP Owner

18 Please note, only PDF attachments will be accepted with the exception of the Property Specific Standard, which must be an Excel document. Certificate of Status or equivalent Homestead CofS.PDF * Lawyer s letter consisting of a legal description of the property Legal letter.pdf Copy of any deed(s), transfer(s) or other document(s) * Legal Transfer.pdf * A Current plan of Survey Legal Survey.pdf * Table of Current and Past Uses of the Phase One Property Table of Current and Past Uses.pdf * Phase 1 Conceptual Site Model * Conceptual Site Model Attachment.pdf Owner * Owner.pdf

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20 Request ID: Province of Ontario Date Report Produced: 2012/03/13 Demande n : Province de l'ontario Document produit le : Transaction ID: Ministry of Government Services Time Report Produced: 11:35:13 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 H O M E S T E A D L A N D H O L D I N G S L I M I T E D 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 O C T O B E R 0 1 O C T O B R E, and has not been dissolved. et n'est pas dissoute. Dated Fait le M A R C H 1 3 M A R S, Director Directrice The issuance of this certifcate in electronic form is authorized by the Ministry of Government Services. La délivrance du présent certificat sous forme électronique est autorisée par le Ministère des Services gouvernementaux.

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26 Year Table of Current and Past Uses of the Phase One Property (Refer to clause 16(2)(b), Schedule D, O. Reg. 153/04) Name of Owner Description of Property Use Property Use 1 Other Observations from Aerial Photographs, Fire Insurance Plans, etc. Pre-1803 Crown Forested land Residential use Interviews suggest that the Site John Darley Forested land Residential use consisted of undeveloped John McLaughlin Forested land Residential use forested land. It is inferred that Will (record incomplete) residential dwellings associated Forested land Residential use Unknown with the owner would have been Unknown Edmond J. and Sarah J. Forested land Residential use located on the 725 Highway 15 Unknown Tulford Anthony and Wife, Halloran Forested land Residential use property, located west of the Site Sarah J. Tulford Forested land Residential use Alexander Campbell Forested land Residential use 1862 Dennis Donoghue Forested land Residential use 1862 Michael Donoghue Forested land Residential use H. A. Barrett Forested land Residential use John J. Barrett, Frances Forested land Residential use Barrett, Edmund Barrett John J. Barrett Forested land Residential use Cecil Leroy Boyd Forested land Residential use Herbert B. Banks Forested land Residential use George Stanley Forested land Residential use George Curragh Scott Forested land Residential use Helen Gladys Scott Forested land Residential use George Curragh Scott Forested land Residential use The Highland Motel (Kingston) Limited The Highland Motel Forested land with an Kingston (1985) Limited Forested land with an Commercial use An aerial photograph dated 1982 asphalt tennis court and a portion of a building and associated parking area (associated with the commercial property located at 725 Highway 15), located along the west portion of the Site. indicated that an asphalt-paved tennis court appeared to have been developed on the westcentral portion of the Site. The east portion of a building and associated asphalt-paved parking area appeared to have been developed the northwest portion of the Site. This development was associated with the commercial property located at 725 Highway 15, located west of the Site. The remainder of the Site appeared to consist of vacant forested land, free of any permanent structures and/or buildings. asphalt tennis court and a portion of a building and associated parking area (associated with the commercial property located at 725 Commercial use Aerial photographs dated 1982 and 1992 indicated that an asphalt-paved tennis court appeared to have been developed on the west-central portion of the Site. The east portion of a building and associated asphalt-

27 Highway 15), located along the west portion of the Site. paved parking area appeared to have been developed the northwest portion of the Site. This development was associated with the commercial property located at 725 Highway 15, located west of the Site Ontario Inc. Forested land with an Commercial use Aerial photographs dated 1992 asphalt tennis court and a portion of a building and associated parking area (associated with the commercial property located at 725 Highway 15), located along the west portion of the Site. and 2005 indicated that an asphalt-paved tennis court appeared to have been developed on the west-central portion of the Site. In addition, the east portion of a building and associated asphalt-paved parking area appeared to have been developed the northwest portion of the Site. This development was associated with the commercial property located at 725 Highway 15, located west of the Site Present Homestead Land Holdings Limited Forested land with an Commercial use An aerial photograph dated 2005 asphalt tennis court and a portion of a building and associated parking area (associated with the commercial property located at 725 Highway 15), located along the west portion of the Site. indicated that an asphalt-paved tennis court appeared to have been developed on the westcentral portion of the Site. In addition, the east portion of a building and associated asphaltpaved parking area appeared to have been developed the northwest portion of the Site. This development was associated with the commercial property located at 725 Highway 15, located west of the Site. Notes: 1 for each owner, specify one of the following types of property use (as defined in O. ReJ. 153/04) that applies: Agriculture or other use Commercial use Community use Industrial use Institutional use Parkland use Residential use

28 Conceptual Site Model Site Description The Site has the municipal address of 725 Highway 15, Kingston, Ontario and is legally described as Part 7 and 8, Plan 13R20355, Part of Lot 15, Concession East of The Great Cataraqui River, City of Kingston, Geographic Township of Pittsburg, County of Frontenac, Ontario (hereafter referred to as the Site ). It should be noted that the Site is in the process of being severed as Part 7 and 8 from the west portion of the property and will retain the municipal address of 725 Highway 15, Kingston, Ontario. At the time of Pinchin s Site reconnaissance, the Site was undeveloped, with the exception of an asphalt tennis court and the eastern corner of one Site Building and a small parking area that is primarily situated on the western portion of the former 725 Highway 15 property. The Site Building that extends onto the northwest corner of the Site was constructed in approximately 1963 and was utilized as commercial motel until approximately It should be noted that the footprint of the Site Building that extends onto the Site is less than 11 square metres ( m ) and is of slab-on-grade construction. The remainder of the Site consists of vacant undeveloped land, free of any permanent structures and/or buildings. Based on the record review completed by Pinchin as part of the Phase One Environmental Site Assessment, the Site was historically undeveloped forested land The Phase One ESA study area consisted of the Site, as well as all properties situated wholly or partly, within 250 m from the nearest point of a boundary of the Site. Water Bodies and Areas of Natural Significance The Cataraqui River, located approximately 325 m west of the Site, flows south and discharges into Lake Ontario, located approximately 2.5 kilometers south of the Site. Based on the results of the Phase One ESA completed by Pinchin, no areas of natural significance were identified within the Phase One study area. Drinking Water Wells Pinchin submitted a request to EcoLog Environmental Risk Information Services Ltd. ( ERIS ) for a review of the Water Well Information System, 1955 to March 2011, as it pertains to the Site and surrounding properties. The Water Well Information System database indicated that no water wells were identified on Site. The database identified nine (9) wells located in the Phase One ESA study area, four (4) of which were identified as domestic water wells. The four off-site domestic water wells were reportedly located a minimum of approximately 15 m from the Site and were advanced to a maximum depth of 23.2 m below ground surface ( mbgs ). Based on the Site configuration and

29 the surrounding land use, it is not expected that these off-site water wells would be a pathway to distribute or transport contaminants on Site. Adjacent land use The Site is located in an urban area that is predominantly developed with residential and commercial land uses. A description of the adjacent properties is summarized in the following table, based on Pinchin s observations from the Site and publicly accessible locations: OPERATION OR ACTIVITY DIRECTION WITH RESPECT TO INFERRED GROUNDWATER FLOW NORTH SOUTH EAST WEST LaSalle Secondary School with associated parking and recreational areas followed by residential development. A retail fuel outlet ( RFO ) was observed northwest of the Site. A parking area and associated multi-tenant residential building followed by Barrett Court and vacant / undeveloped land to beyond 250 m from the Site. A multi-tenant residential building followed by vacant / undeveloped land to beyond 250 m from the Site. A hotel (i.e. the western portion of the 725 Highway 15 property) followed by Highway 15, residential dwellings and the Cataraqui River. Transgradient. Upgradient. Downgradient. An RFO was observed northwest of the Site at the time of Pinchin s Site reconnaissance, and was identified in the EcoLog ERIS Fuel Storage Tank database. According to the Fuel Storage Tank database, four underground storage tanks ( USTs ) were registered to an RFO located at 760 Highway 15, Kingston, Ontario. All USTs were reportedly installed in 1991 (22,700-L each), were constructed of fibreglass and used to store gasoline. This property is located approximately 105 m north of the Site and is inferred to be situated hydraulically trans/downgradient relative to the Site. Based on the distance from the Site and the inferred groundwater flow direction, it is Pinchin s opinion that these USTs are unlikely to give rise to potential impacts at the Site. Based on Pinchin s observations of the adjacent properties, nothing was observed that is likely to give rise to potential subsurface impacts at the Site. Potentially Contaminating Activity Based on the results of the Phase One ESA completed by Pinchin, no potentially contaminating activities were identified within a 250 m radius of the Site. As such, no subsurface investigation work (Phase II ESA) is recommended at this time.

30 Areas of Potential Environmental Concern Based on the results of the Phase One ESA completed by Pinchin, no areas of potential environmental concern were identified within a 250 m radius of the Site. As such, no subsurface investigation work (Phase II ESA) is recommended at this time. Description and Assessment Conceptual Site Model Based on the results of the Phase One ESA completed by Pinchin, no potentially contaminating activities and no areas of potential environmental concern were identified within a 250 m radius of the Site that would require the completion of a Phase Two Environmental Site Assessment. A storm water manhole was located on the southwest corner of the Site. Based on the Site configuration, the location of the manhole and the surrounding land use, it is not expected that this underground utility would be a pathway to distribute or transport contaminants. Other than this manhole, there are no underground utilities that currently exist on the Site. The Site is located on the east side of Highway 15 approximately 150 m north of Barrett Court in Kingston, Ontario. The Site and surrounding area are generally flat with a gradual slope down to the west towards the Cataraqui River. Based on previous work completed by Pinchin in the area, the subsurface stratigraphy at the Site is inferred to be alluvial deposits consisting of stratified gravel, sand, silt and clay. Groundwater at the Site is expected to be at approximately 3 4 mbgs. Groundwater was presumed to be running in a westerly direction, based on the proximity of the Cataraqui River, located approximately 325 m west of the Site. It is not expected that any uncertainty or absence of information would affect the validity of the Conceptual Site Model.

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