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

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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 2015/06/15 Certification Date 2014/05/06 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 662 KING STREET WEST, KINGSTON, ON, K7M 2E9 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 2015/06/15 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 STONEY BROOK DEVELOPMENT CORPORATION PETER SAUERBREI 650 DALTON AVENUE, KINGSTON ONTARIO, CANADA K7M 8N7 Phone (613) Fax Address Filed Record of Site Condition # on 2015/06/15 2 of 10

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) 662 KING STREET WEST, KINGSTON, ON K7M 2E9 Kingston See Attached Lawyer s Letter (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 18 Easting 378, Northing 4,897, 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 Commercial Residential No Filed Record of Site Condition # on 2015/06/15 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 2015/06/15 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 PAUL JOHNSTON Licence Licence Number QP Employer Name Mailing Address ASC ENVIRONMENTAL INC. 491 O'CONNOR DRIVE, KINGSTON ONTARIO, K7P 1J9 CANADA Phone (613) Fax (613) Address paul@ascenvironmental.ca Municipal Information Local or Single-Tier Municipality Kingston Ministry of the Environment and Climate Change District Office District Office District Office Address Kingston District Office Box 22032, 1259 Gardiners Road, Kingston ON K7M 8S5 Filed Record of Site Condition # on 2015/06/15 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 I Environmental Site Assessment Paul Johnston ASC ENVIRONMENTAL INC. 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 2015/06/15 6 of 10

7 Site Condition Information Certification date (YYYY/MM/DD) 2014/05/06 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 2015/06/15 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 2014/05/06, 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 2014/05/06, 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 ASC ENVIRONMENTAL INC. 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 2014/05/06. 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, PAUL JOHNSTON, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/03/10: 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 2015/06/15 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 2015/06/15 9 of 10

10 As an owner: 1. 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. 2. I have conducted reasonable inquiries to obtain all information relevant to this RSC, including information from the other current owners of the RSC property named in this part of the RSC and I have obtained all information relevant to this RSC of which I am aware. 3. I have disclosed all information referred to in paragraph 2 to any qualified person named in this RSC. 4. To my knowledge, the statements made in this part of the RSC are true as of March 4, I have ensured that access to the entire property, including the phase one property, any phase two property and the RSC property, has been afforded to the qualified person and to persons supervised by the qualified person, for purposes of conducting the site reconnaissance. Name of Owner: STONEYBROOK DEVELOPMENT CORPORATION Signature: Date Signed: Name of Person Signing: PETER SAUERBREI I, PETER SAUERBREI am authorized to and hereby do bind STONEY BROOK DEVELOPMENT CORPORATION. Filed Record of Site Condition # on 2015/06/15 10 of 10

11 Request ID: Province of Ontario Date Report Produced: 2015/06/03 Demande n : Province de l'ontario Document produit le : Transaction ID: Ministry of Government Services Time Report Produced: 10:32:32 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 S T O N E Y B R O O K D E V E L O P M E N T C O R P O R A T I O N 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 F E B R U A R Y 2 5 F É V R I E R, and has not been dissolved. et n'est pas dissoute. Dated Fait le J U N E 0 3 J U I N, Director Directeur 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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19 File: ASC-148 Stoneybrook Developments 662 King Street West, Kingston, ON Table of Current and Past Uses of the Phase One Property Year Name of Owner Michael Dedrick John Ellerbeck & Simeon Morill 1832 Henry Dalton Robert Drummond Charles W. Grant Richard Logan & J. McLeod Isabella Mudie James Campbell Edith Campbell Cecil T. F. Southcott The Incorporated Synod of the Diocese of Ontario George Donald Carlaw John A. Cowan Florence Edna Cowan Ontario Inc Choon Jae and Joong Hee Choi 2014 Present Stoney Brook Development Corporation Description of Property Use Vacant Limestone quarry (circa 1830s and 1840s) Single family dwelling (circa 1840s to 1960s) Grocery store, Cowan s Food Market (1960s to 2013) Property Use Agricultural use or other Industrial use (circa 1830s and 1840s) Residential use (circa 1840s to 1960s) Commercial use (circa 1960s to 2013) Other Observations Exposed limestone faces evident on the east and west property edges indicate past quarry activities, circa 1830s and 1840s during the construction of the nearby prison, hospital and roadways 1.Fire insurance plans from 1908 identify a stone building in the northeast corner of the property. A rectangular building (present building) was evident in the northeast corner of the subject property in aerial photos from 1937 to 2013 also. According to the City of Kingston telephone directories, the subject property was listed as a residential property from 1935 to the 1960s; from 1965 to 2013, the subject property was listed as Cowan s Food Market. Mortgages and agreements with the National Grocers Company Limited from 1955 to 1976 were identified on land title records. 1 Golder Associates, Ontario Heritage Act Application, 662 King Street West, Lot 58, City of Kingston, Ontario. Report No September 2014.

20 File: ASC r Stoney Brook Development Corp Phase I Environmental Site Assessment, 662 King Street West, Kingston, ON May 6, REVIEW AND EVALUATION OF INFORMATION 6.1 Current and Past Uses One, three-storey mixed commercial and residential use building is situated in northeast corner of the property. A former grocery store (Cowan s Food Market) operated in the main level of the subject building, and the upper two storeys are rented as an apartment. Past site use has been identified as residential and commercial. Refer to Table 1 in Appendix B for a table of current and past uses of the Phase I property. 6.2 Potentially Contaminating Activities Properties within a 250 metre radius historically consisted of residential, institutional and commercial use. Current and former commercial activities were identified east, west and northwest of the subject property. ASC identified three commercial properties to the east, west and northwest as a potential source of subsurface contamination to the subject property. The property located approximately 50 metres west of the subject property (680 King Street West) has historically operated as a dry cleaning and laundry facility from the 1970s to The property is currently listed as a restaurant. Based on site redevelopment and given that underground services will likely act as potential receptors to subsurface contamination, the west adjacent property is presently a low environmental concern. The property located approximately 80 metres east and down gradient of the subject property (634 King Street West) operated as a used automotive dealership and service station in the 1960s and 1970s. The property is currently vacant, and comprises part of the Portsmouth Olympic Harbour Park. Based on site redevelopment and given that the property is down gradient of the subject property, the property is presently a low environmental concern. The property located approximately 225 metres northeast of the subject property (169 Yonge Street) has been listed an automotive repair / body shop since the 1960s. Based on site proximity and given that underground services will likely act as potential receptors to subsurface contamination, this is presently a low environmental concern. 6.3 Areas of Potential Environmental Concern The subject property is located in a primarily residential area in the City of Kingston with commercial storefronts along King Street West. Dense residential development is evident to the north, east and south of the subject property. Commercial sites that were identified to the east, west and northwest of the

21 File: ASC r Stoney Brook Development Corp Phase I Environmental Site Assessment, 662 King Street West, Kingston, ON May 6, 2014 subject property are a low environmental concern based on site redevelopment, site proximity and given that underground services will likely act as potential interceptor to subsurface contamination. We are of the opinion that the PCAs have not resulted in Areas of Potential Environmental Concern on the subject property. 6.4 Phase One Conceptual Site Model The rectangular subject property is located on the south side of King Street West, approximately 125 metres east of the intersection of King Street West and Union Street. The south property boundary is bound by King Street West and the south property boundary is bound by Grange Street. The subject property is approximately 0.13 hectares in area, including approximately 20 metres of frontage on King Street West and approximately 20 metres of frontage on Grange Street. One, three-storey mixed commercial and residential use building is situated in northeast corner of the property. A former grocery store (Cowan s Food Market) operated in the main level of the subject building. The property is currently accessed from the north via King Street West and from the south via Grange Street. Site topography was generally observed to be flat; the asphalt driveway and parking area slopes slightly to the south. Bedrock outcropping was observed along the east and west property boundaries. The site is bordered by mixed residential and commercial activity to the south, east and west, and primarily residential activity to the north. The scaled site location and site layout plan are shown on Drawings Nos. 1 and 2, respectively. The Phase I Environmental Site Assessment study area with adjacent properties within 250 metre radius is outlined in Drawing No. 3. The physiography of the area is described as limestone plains 1 with overburden thickness ranging from approximately 0.6 to 2.1 metres consisting of sand and/or clay overlying limestone berdrock. Bedrock geology of the area consists of a strategraphic sequence of Paleozoic, Middle Ordovician age limestone bedrock, including the middle member of the Gull River Formation 2 consisting of buff and green siltstone, dolomitic siltstone and brown, lithographic limestone. The limestone bedrock is the predominant aquifer in the study area. Groundwater is stored and transmitted by the openings present along horizontal bedding planes and vertical fractures or joints. The spacing of these openings, the size and the interconnection between them is crucial to an adequate supply. The municipal water supply for the City of Kingston is obtained from Lake Ontario. No drinking 1 Ontario Department of Mines and Northern Affairs Map #2227, Physiography of the Eastern Portion of Southern Ontario. 2 Carson, D.M. 1981: Paleozoic Geology of the TIchborne-Sydenham Area. Southern Ontario; Ontario Geological Survey, Preliminary Map P. 2413, Geological Series.

22 File: ASC r Stoney Brook Development Corp Phase I Environmental Site Assessment, 662 King Street West, Kingston, ON May 6, 2014 water wells are reported in the subject area. The City of Kingston services properties with underground municipal water, sewer and natural gas services. The presence of underground utilities and storm water systems parallel to King Street West and Grange Street may act as potential receptors to subsurface contamination. ASC identified three commercial properties to the east, west and northwest as a potential source of subsurface contamination to the subject property. The property located approximately 50 metres west of the subject property (680 King Street West) has historically operated as a dry cleaning and laundry facility from the 1970s to The property is currently operated as a restaurant. Based on site redevelopment and given that underground services will likely act as potential receptors to subsurface contamination, the west adjacent property is presently a low environmental concern. The property located approximately 80 metres east of the subject property (634 King Street West) operated as a used automotive dealership and service station in the 1960s and 1970s. The property is currently vacant, and comprises part of the Portsmouth Olympic Harbour Park. Based on site redevelopment and given that the property is down gradient of the subject property, the east adjacent property is presently a low environmental concern. The property located approximately 225 metres northeast of the subject property (169 Yonge Street) has been listed an automotive repair / body shop since the 1960s. Based on site proximity and given that underground services will likely act as potential receptors to subsurface contamination, this is presently a low environmental concern. Commercial sites that were identified to the east, west and northwest of the subject property are a low environmental concern based on site redevelopment, site proximity and given that underground services will likely act as potential receptors to subsurface contamination. We are of the opinion that the PCAs have not resulted in Areas of Potential Environmental Concern on the subject property. No uncertainties that could affect the validity of the conceptual site model were noted during the Phase I ESA study.

23 SITE LOCATION PLAN Record of Site Condition Stoneybrook Developments 662 King Street West, Kingston, Ontario Drawing No. 1 Not To Scale File: ASC-203

24 SITE LAYOUT PLAN Record of Site Condition Stoneybrook Developments 662 King Street West, Kingston, Ontario Drawing No. 2 Not To Scale File: ASC-203

25 SITE SITE LAYOUT & ADJACENT PROPERTIES - 250m RADIUS Record of Site Condition Stoneybrook Developments 662 King Street West, Kingston, Ontario Drawing No. 3 Not To Scale File: ASC-203

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