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 2015/03/13 Certification Date 2014/09/23 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, KINGSTON, ON, K7K 0G5, 735 HIGHWAY 15, KINGSTON, ON, K7K 0G5 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 2015/03/13 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 HOMESTEAD LAND HOLDINGS LIMITED ALF HENDRY 80 JOHNSON STREET, KINGSTON ONTARIO, CANADA K7L 1X7 Phone (613) Fax Address Filed Record of Site Condition # on 2015/03/13 2 of 10

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) 725 HIGHWAY 15, KINGSTON, ON K7K 0G5 735 HIGHWAY 15, KINGSTON, ON K7K 0G5 Kingston See Attached Lawyer s Letter (LT) (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 18 Easting 383, Northing 4,900, 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 2015/03/13 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 2015/03/13 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 PETER ROBERTS Licence Licence Number QP Employer Name Mailing Address PINCHIN LIMITED 135 ONTARIO STREET, KINGSTON ONTARIO, K7L 0A5 CANADA Phone (613) Fax (613) Address proberts@pinchin.com 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 2015/03/13 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 Peter Roberts PINCHIN LIMITED 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 2015/03/13 6 of 10

7 Site Condition Information Certification date (YYYY/MM/DD) 2014/09/23 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 2015/03/13 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 2014/09/23, 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 2014/09/23, 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 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 2014/09/23. 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, PETER ROBERTS, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/01/26: 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 2015/03/13 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 2015/03/13 9 of 10

10 Filed Record of Site Condition # on 2015/03/13 10 of 10

11 Request ID: Province of Ontario Date Report Produced: 2015/01/26 Demande n : Province de l'ontario Document produit le : Transaction ID: Ministry of Government Services Time Report Produced: 14:53:35 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 J A N U A R Y 2 6 J A N V I E R, 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.

12 Soloway Wright Soloway Wright LLP King Street East Kingston ON K7K 6Y3 T: F: Richard A. McNevin... '_.-._ Partner Direct line: address: FILE NO: January 16,2015 Ministry of the Environment and Climate Change Environmental Site Registry Environmental Assessment and Approvals Branch 2 St. Clair Avenue West, Suite 12A Toronto, ON M4V 1L5 Dear Sirs/Mesdames: Re: Homestead Land Holdings Limited - Record of Site Condition in respect of the property municipally known as 725 and 735 Highway 15, Kingston, Ontario We are the solicitors for Homestead Land Holdings Limited ("Homestead") and 725 Highway 15 Inc. (//725//). The Record of Site Condition is in respect of two parcels of land which were created on the registration of two severance Transfers. Immediately prior to the registration of the severance Transfers, the subject property was described as: AllofPIN (LT) Part Lot 15 Concession East Great Catarqui River Parts 1-7 on 13R20355; Pittsburgh; subject to an easement as in FR ; subject to an easement as in FR266480; City of Kingston This parcel of land was registered in the name of and was beneficially owned by Homestead. Ottawa Office Kingston Office Laurier Avenue West, Ottawa ON K1R 7Y King Street/Kingston ON K7K 6Y3 T: F: T: F:

13 Soloway Wright LLP Page 2 of 3 Upon registration of one of the two severance Transfers, a parcel of land was created, with a new PIN allocated to it, described as follows: All of PIN (LT) Part Lot 15, Concession East Great Cataraqui River Parts 1, 1, 4 and 5 on 13R20355 and Part 5 on 13R20932; Subject to an Easement as in FR170726; Subject to an Easement as in FR266480; Together with an Easement over Part 3 on 13R20355 and Part 6 on 13R20932 as in FC186187; Subject to an Easement over Part 1 on 13R20355 in favour of Parts 3 and 7 on 13R20355 and Part 6 on 13R20932 as in FC186187; Pittsburgh; City of Kingston, which parcel of land is registered in the name of and is beneficially owned by Homestead under a Transfer registered as Instrument No and is municipally known as 735 Highway 15, Kingston, Ontario. Upon registration of the other severance Transfer, a parcel of land was created, with a new PIN allocated to it, described as follows: All of PIN (LT) Part Lot 15, Concession East Great Cataraqui River Part 3 and 7 on 13R20355 and Part 6 on 13R20932; Subject to an Easement as in FR170726; Subject to an Easement as in FR266480; Subject to an Easement over Part 3 on 13R20355 and Part 6 on 13R20932 in favour of Parts 1,2,4 and 5 on 13R20355 and Part 5 on 13R20932 as in FC186187; Together with an Easement over Part 1 on 13R20355 as in FC186187; Together with an Easement over part 4 on 13R20355 as in FC Pittsburgh; City of Kingston, which parcel of land is registered in the name of 725 under a Transfer registered as Instrument No , as a bare trustee and title nominee for and on behalf of Homestead as the sole beneficial owner, and is part of the property municipally known as 725 Highway 15, Kingston, Ontario. These two parcels of land are collectively designated as Parts 1 to 6, inclusive, on 13R20355 (the //RSC Land") and are outlined in blue on the attached copy of 13R The RSC Land includes all of the land under PIN and part of the land under PIN (LT). In particular, the above noted Part 7 on 13R20355 does not form part of the RSC Land. The easements referred to in the above legal descriptions (Instrument Nos. FR and FR266480) are designated as Parts 1, 2 and 3 on Plan 13R20355 and form part of the RSC Land. The mailing address for both Homestead and 725 is 80 Johnson Street, Kingston, Ontario, K7L 1X7. The intended used of the RSC Land is for a residential development.

14 Soloway Wright LLP Page 3 of 3 The current roll no. for the RSC Land is: At a later date, the Municipal Property Assessment Corporation will allocate or cause to be allocated a new roll number for the property municipally known as 725 Highway 15 and a new roll number for the property municipally known as 735 Highway 15. Please do not hesitate to contact the undersigned if you require any further information. You rs very Trt^ly, ^ /,' /1/// /,. / / ^-<--"/7/^ / / Richard A. McNevi^

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24 "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 Photographs, Fire Insurance Plans, Other Observations from Aerial Pre 1803 Crown The Phase One property likely consisted of undeveloped land. Vacant N/A John Darley John McLaughlin Will (incomplete) Edmund J Tulford Sarah J Tulford Anthony and Wife Halloran Sarah J Tulford Alexander Campbell Dennis Donoghue Michael Donoghue H.A. Barrett

25 John J. Barrett Frances Barrett Edmund Barrett John J. Barrett Cecil Leroy Boyd Herbert B. Banks George Stanley George Curragh Scott Helen Gladys Scott George Curragh Scott The Highland Motel (Kingston) Limited several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site The Highland Motel Kingston (1985) Limited several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site Ontario Inc. several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site present Homestead Land Holdings Limited several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site.

26 CONCEPTUAL SITE MODEL A conceptual site model ( CSM ) has been created to provide a summary of the findings of the Phase One ESA. The Phase One CSM is summarized in Figures 1 through Figure 3, which illustrate the following features within the Phase One study area, where present: Existing buildings and structures; Water bodies located in whole or in part within the Phase One study area; Areas of natural significance located in whole or in part within the Phase One study area; Drinking water wells located at the Phase One property; Land use of adjacent properties; Roads within the Phase One study area; and PCAs within the Phase One study area, including the locations of tanks. The conceptual model also presents the available Site specific hydrogeological information required as per Table 1, Mandatory Requirements for Phase One Environmental Site Assessment Reports of O. Reg. 153/04. Furthermore, the model illustrates the potential exposure pathways and receptors, which Pinchin has identified to exist on-site, based on the use of the MOE s document entitled Rationale for the Development of Soil and Ground Water Standards for use at Contaminated Sites in Ontario, dated December 22, 2009, prepared by the Standards Development Branch of the MOE (the MOE Rationale ). The Phase One ESA was conducted to obtain and review records that relate to properties in the Phase One study area, other than the Phase One property, in order to determine if a PCA exists and to interpret any APEC. The Phase One study area consists of properties located within a 250 m buffer of the Phase One property (i.e., within 250 m of any part of the Phase One property boundary). Upon a cursory review of the properties within 250 m from the Phase One property boundary, Pinchin did not note or observe any significant contaminating properties that should be included as part of this assessment (i.e., landfills, large industrial manufacturers, etc.). A map of the Phase One study area and the surrounding land use is presented in Figure 3. The Site has historically been utilized for commercial/residential land use and a Record of Site Condition is required to support the redevelopment of the Site for multi-tenant residential land use. The pertinent details of the Phase One property are provided in the following table: Detail Source / Reference Information Legal Description Legal Survey Drawing provided by Client, Service Ontario Parcel Register Part of Lot 15, Concession East Great Cataraqui River, Parts 1 to 6, inclusive, on 13R20355, Pittsburgh, City of Kingston, County of Frontenac, Ontario Municipal Address Client 725 and 735 Highway 15, Kingston, ON

27 Detail Source / Reference Information Parcel Identification Number (PIN) Client (LT) (LT) Current Owner Client Homestead Land Holdings Limited Owner Contact Information Client Alf Hendry Homestead Land Holdings Limited 80 Johnson Street Kingston, ON K7L 1X7 Current Occupant(s) Client None (vacant) Occupant Contact Information Client N/A Client Authorization to Proceed Form for Pinchin Proposal Homestead Land Holdings Limited Client Contact Information Authorization to Proceed Form for Pinchin Proposal Site Area Client hectares Alf Hendry Homestead Land Holdings Limited 80 Johnson Street Kingston, ON K7L 1X7 Current Zoning Client CL Limited Commercial Zone Centroid Universal Transverse Mercator ( UTM ) Co-ordinate Google Earth Satellite Imagery NAD , m Easting 4,900, m Northing Zone 18T The following details for this conceptual site model have been derived from the results of the Phase One ESA. The following provides a narrative summary of the Phase One CSM: The Phase One property is a rectangular-shaped parcel of land approximately hectares in size and located on the east side of Highway 15, approximately 100 m north of Barrett Court. The Phase One property consists of vacant and undeveloped land, free of any permanent structures and/or buildings. The Phase One property was formerly used for commercial (i.e., motel) purposes since initial commercial development in Subsequent to the commercial development, the Site was used for single family residential purposes; There is no record of industrial or commercial use (e.g., garage, bulk liquid dispensing facility or dry cleaner) that would require classifying the Phase One property as an enhanced investigation property; The following table is an abbreviated summary of the current and past land uses of the Phase One property (please reference the formal Table of Current and Past Land Uses for complete descriptions):

28 Year Name of Owner(s) Description of Property Use Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, etc. Pre-1803 Crown The Phase One property likely consisted of undeveloped land. Vacant N/A Various owners (no businesses listed) The Phase One property was either undeveloped or developed with residential dwellings and or commercial buildings. Likely residential based on chain of title The Highland Motel (Kingston) Limited The Phase One property was developed with several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site Ontario Inc. The Phase One property was developed with several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site Homestead Land Holdings Limited The Phase One property was developed with several commercial motel buildings. Commercial Use Several commercial buildings were evident across the Site Homestead Land Holdings Limited Vacant undeveloped land. Vacant Use The Site was vacant; however, concrete blocks and pads (building foundations) belonging to the former on-site commercial buildings were evident across the Site.

29 To the best of Pinchin s knowledge, no building or structure had ever been constructed on the Phase One property until the 1950s when the Site was developed with four commercial motel buildings and a residential dwelling. The Phase One property was owned by various individuals from as early as 1803 up to 1973 and was used for residential purposes. The former Site Buildings were constructed in approximately the 1950s and had been commercial in nature from the 1950s until 2012 when they were demolished. The nearest water body is the Cataraqui River, which is located approximately 175 m west of the Phase One property; No areas of natural significance were identified within the Phase One study area; No drinking water wells were located on the Phase One property; No PCAs were identified at the Phase One property and three PCAs were identified within the Phase One study area, outside of the Phase One property. As shown on Figure 3, the off-site PCAs are a Retail Fuel Outlet located approximately 100 m northwest of the Phase One property (760 Highway 15); a potential dry cleaning facility located approximately 75 m northwest of the Phase One property (760 Highway 15); and the de-icing activities which occur on Highway 15 (5 m west of the Site). Groundwater flow within the Phase One study area is inferred to be to the west towards the Cataraqui River and the off-site PCAs are situated hydraulically downgradient in relation to the inferred groundwater flow direction from the Phase One property. Given that these PCAs are located downgradient of the Phase One property and that two of the PCAs are at least 75 to 100 m from the Phase One property, the off-site PCAs are not considered to result in APECs at the Phase One property. In addition, it is Pinchin opinion that any on-site impacts resulting from the application of road salt to Highway 15 would be exempt under O. Reg. 153/04 (i.e., Section 48 [3], which is based on Section 2 of Regulation 339, R.R.O. 1990; Classes of Contaminants Exemptions) and would therefore be unlikely to result in subsurface impacts at the Site. COPCs associated with the off-site PCAs are not a concern to the Phase One property because there are no APECs identified on the Phase One property; Underground utilities associated with the former on-site buildings may still be present beneath the Phase One property; however, since no PCAs resulting in APECs were identified, it is Pinchin s opinion that these underground utilities are unlikely to provide migratory pathways for the distribution of potential contaminants; The Phase One Property is relatively flat with a slight downward grade to the west towards the Cataraqui River. The properties to the east are situated at a slightly higher elevation that the Phase One Property and are expected to be hydraulically upgradient in relation to the inferred groundwater flow direction from the Site. The properties to the west are situated at a lower elevation than the Phase One Property and are expected to be hydraulically downgradient in relation to the inferred groundwater flow direction from the Site. Local groundwater flow is inferred to be to the west, based on the topography of the area surrounding the Phase One property and the location of the Cataraqui River; and The Phase One Property is located within a Glaciolacustrine Plain dominant landform primarily consisting of clay and silt. Bedrock is inferred to exist at a depth of approximately 5.5 mbgs and is expected to consist of sedimentary rocks consisting of limestone.

30 The attached figures illustrate the roads within the Phase One Study Area, uses of adjacent properties, any PCAs and locations of APECs. The conceptual site model takes into account details of the hydrogeological and geological conditions for the Site, as well as the presence of any utility corridors which could affect contaminant distribution and transport. Furthermore, these points are further addressed in detail throughout the relevant sections of the Phase One ESA report. It is Pinchin s understanding that there were no deviations from the Phase One ESA requirements specified in O. Reg. 153/04 or absence of information that have resulted in uncertainty that would affect the validity of the Phase One CSM. CONCLUSIONS Pinchin conducted the Phase One ESA in general accordance with the CSA document entitled CSA Z768-01, Phase I Environmental Site Assessment, dated November 2001 and reaffirmed in 2012 and in substantial accordance with Part VII and Schedule D of O. Reg. 153/04 Record of Site Condition Part XV.1 of the Environmental Protection Act. The purpose of the Phase One ESA was to assess the potential for the presence of environmental impacts at the Phase One property due to activities at and near the Phase One property in support of an RSC. Based on the findings of this Phase One ESA, Pinchin identified no APECs associated with the Phase One property or the Phase One study area were identified as part of this Phase One ESA. It is Pinchin s opinion that the three PCAs identified within the Phase One Study Area are unlikely to result in potential subsurface impacts at the Site based on the distance between the PCAs and the Phase One property and the inferred direction of groundwater flow. Based on the results of the Phase One ESA completed by Pinchin, nothing was identified that is likely to result in potential subsurface impacts in connection with the Site. As such, no subsurface investigation work (Phase Two ESA) is recommended at this time.

31 OpenStreetMap contributors PROJECT NAME CLIENT NAME PHASE I ENVIRONMENTAL SITE ASSESSMENT HOMESTEAD LAND HOLDINGS LTD. PROJECT LOCATION PART LOT 15, CONCESSION EAST OF THE GREAT CATARAQUI RIVER, PARTS 1-6, 13R ; SUBJECT TO AN EASEMENT AS IN FR170726; SUBJECT TO AN EASEMENT AS IN FR266480; CITY OF KINGSTON, COUNTY OF FRONTENAC, ONTARIO FIGURE NAME FIGURE NO. KEY MAP SCALE PROJECT NO. DATE: AS SHOWN SEPTEMBER

32 LEGEND - SITE PERIMETER RES - RESIDENTIAL COM - COMMERCIAL RFO - RETAIL FUEL OUTLET MTR - MULTITENANT RESIDENTIAL PROJECT NAME CLIENT NAME PROJECT LOCATION FIGURE NAME APPROXIMATE SCALE (m) 0 APPROXIMATE SCALE 100 INFERRED GROUNDWATER FLOW DIRECTION PHASE I ENVIRONMENTAL SITE ASSESSMENT SITE AND SURROUNDING LAND USE PLAN AS SHOWN HOMESTED LAND HOLDINGS LTD. PART LOT 15, CONCESSION EAST OF GREAT CATARAQUI RIVER, PARTS 1-6, 13R-20355; SUBECT TO AN EASEMENT AS IN FR170726; SUBJECT TO AN EASEMENT AS IN FR266480; CITY OF KINGSTON, COUNTY OF FRONTENAC, ONTARIO PROJECT NO DATE SEPTEMBER 2014 FIGURE NO. 2

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