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 2015/08/12 Certification Date 2015/04/20 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 24 KING STREET EAST, KITCHENER, ON, N2G 4Z8 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 2015/08/12 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 LIMITED PAUL SCHMIDT 7030 WELLINGTON ROAD 124, GUELPH ONTARIO, CANADA N1H 6J3 Phone (519) Fax (519) Address Filed Record of Site Condition # on 2015/08/12 2 of 10

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) 24 KING STREET EAST, KITCHENER, ON N2G 4Z8 Kitchener See Attached Lawyer s Letter (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 541, Northing 4,810, 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 2015/08/12 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 2015/08/12 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 Membership Under the Professional Geoscientists Act RANDALL WILSON BARKHOUSE Practising Member Membership Number 1472 QP Employer Name Mailing Address XCG CONSULTANTS LTD. 820 TRILLIUM DRIVE, KITCHENER ONTARIO, N2R 1K4 CANADA Phone (519) Fax (519) Address randy.barkhouse@xcg.com Municipal Information Local or Single-Tier Municipality Upper-Tier Municipality Kitchener Waterloo 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 2015/08/12 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 24 King Street East Kitchener, Ontario Randall Barkhouse 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 2015/08/12 6 of 10

7 Site Condition Information Certification date (YYYY/MM/DD) 2015/04/20 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 2015/08/12 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 2015/04/20, 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 2015/04/20, 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 LTD. 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 2015/04/20. 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, RANDALL WILSON BARKHOUSE, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/08/06: 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 2015/08/12 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 2015/08/12 9 of 10

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17 RSC PHASE ONE PROPERTY

18 24 King Street East, Kitchener, Ontario TABLE Table 10 Year Table of Current and Past Uses of the Phase One Property Name of Owner 24 King Street East PIN (LT) Description of Property Use Prior to 1893 Charles Krantz Occupied by an unspecified retail store by at least Date of construction unknown. April 1893 and March 1898 April 1896 to March 1898 March 1898 to February 1936 February 1936 to December 1947 December 1947 to May 1975 May 1975 to August 1984 August 1984 to January 1986 January 1986 to October 1994 Charles Krantz/George Bramm/The Economical Mutual Fire Insurance Company Occupied by an unspecified retail store by at least Date of construction unknown. Property Use Commercial Commercial Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. No additional information available The 1894 FIP indicated that a retail building had been constructed with three storeys on the south side, two storeys in the centre and one storey on the north side of the Phase One Property building. Occupied by an unspecified retail store. Carl Krantz Retail Commercial No additional information available. Catherine, Louis Jr., and William Breithaupt, Executors of Louis Breithaupt Breithaupt Estate Ltd. (name changed to Senior Estates Ltd. in July 1946) Occupied by an unspecified retail store, E.A. Sauder Men s Furnishings in 1910, Sauder & Lippert men s wear in 1919, and Herbert Lippert men s wear between 1924 and Occupied by Herbert Lippert men s wear. Commercial The 1930 aerial photograph indicated that the Phase One Property was improved with a commercial building. Commercial The 1945 aerial photograph indicated that the Phase One Property was similar to Herman Lippert Herbert Lippert men s wear Commercial The 1955, 1963, and 1972 aerial photographs indicated that the Phase One Property was similar to Robin Ross Joseph Marlowe in Trust Jacqueline Marriott No additional information available Doogie s Restaurant & Bar Imagery in Hair Jacquiline s Fashion Boutique Doogie s Restaurant & Bar Visions Jacqueline s Fashion Boutique Petros Commercial The 1982 aerial photograph indicated that the Phase One Property was similar to Commercial Commercial No additional information available. No additional information available /CSM tbl

19 24 King Street East, Kitchener, Ontario TABLE Table 10 Year Table of Current and Past Uses of the Phase One Property (cont d) Name of Owner Description of Property Use Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. October 1994 to June 2012 June 2012 to Present Jose Manuel Duarte Inoque, and Maria Manuela Prudencia Duarte Inoque Ontario Limited Little Rascal children s clothing store AM Africa Restaurant Residential A fire occurred at the neighbouring property in March 2011, destroying the two properties to the east and damaging the Phase One Property; after which the building was vacant. Commercial The 1995, 2000, and 2006 aerial photographs indicated that the Phase One Property was similar to The 2012 aerial photograph indicated that the roof on the centre portion of the building had been removed. The remainder of the building appeared intact. Vacant Commercial No additional information available /CSM tbl

20 July 3, 2015 XCG Project No.: Mr. Michael Howlett, P.Geo. Sent via Director Ministry of the Environment and Climate Change Environmental Approvals Access and Service Integration Branch 2 St. Clair Avenue West Floor 12A Toronto, ON M4V 1L5 Re: Reponses to Notice That Record of Site Condition (Confirmation Number ) Cannot Be Filed, 24 King Street East, Kitchener, Ontario MOECC File No.: Dear Mr. Howlett: With regard to your letter to Mr. Paul Schmidt dated June 22, 2015 detailing your response to the recent Record of Site Condition (RSC) filing (confirmation number ) XCG Consulting Limited (XCG) offer the following responses to your comments. 1. Section 24, paragraph 1 of the Regulation This section specifies the general objectives of the phase one environmental site assessment (ESA), one of which is to develop a preliminary determination of the likelihood that one or more contaminants have affected any land or water on, in or under the phase one property. It does not appear that the Phase One ESA met this objective. The Phase One conceptual site model (CSM) identified 30 potential contaminating activities (PCAs) within the phase one study area. Based on the inferred groundwater flow direction, the RSC property is located down-gradient of properties associated with several PCAs, including PCAs related to tannery activities and gasoline storage in fixed tanks. It is unclear why the qualified person (QP) did not identify one or more areas of potential environmental concern (APECs) on the RSC property resulting from the up-gradient PCAs that have a high likelihood of impacting the RSC property (based on the proximity to the RSC property and that these PCAs are well known sources of contamination). Response: With respect to the PCAs within the Phase One study area, in the professional opinion and experience of the QP, only 5 PCAs require additional information with respect to their potential to impact the Phase One property based on their location/proximity to the Phase One property and the presumed groundwater flow direction to the southwest. The remaining PCAs are detailed the attached table (Table 11) indicating the justification/reasons that these PCAs have not adversely impacted the soil and groundwater quality beneath the Phase One property /L

21 Mr. Michael Howlett, P.Geo. Ministry of the Environment and Climate Change July 3, 2015 Page 2 of 4 PCA #1 22 Frederick Street #53 Tannery Upon further investigation as outlined in the Phase One ESA report, the actual location of this property is approximately 30 metres northwest of the Phase One property at the corner of Queen Street North and Goudies Lane (see 1904 FIP attached). The existence of PCA #53 was noted in the 1904 Fire Insurance Plan (FIP) as the Breithaupt Leather Co. and the Berlin Leather Co. and appeared to have been used for furniture repairs and warehouse and printing operations in 1908 and demolished by With respect to the property being a tannery, further investigation of the Kitchener Library Archives showed that this property was not used as a tannery, but as a leather shoe factory in approximately 1885 (Thompson, 1992 and English et. al., 1996). The Breithaupt Tannery was actually located approximately 1.2 kilometres north of the Phase One Property. The references reviewed were titled as follows: English, John and Kenneth McLauchlin, Kitchener: An Illustrated History, Thompson, Andrew McCauley, The Breithaupts and Breithaupt Leather: Building a Family Business in Berlin, Ontario, Further, the presumed groundwater flow direction to the southwest toward Victoria Park Lake places the former shoe factory location cross gradient to the Phase One property (see attached 1904 FIP) and not up-gradient. Based on the above information, we conclude that PCA #53 being a shoe factory and not a tannery would not have adversely impacted the soil and groundwater quality beneath the Phase One property. Presumably a shoe factory would receive the leather and other components of shoes with only the sewing and the assembly of shoes and footwear would be taking place at this location. Adhesives, possibly dyes and waxes/polishes would have likely been used as part of the footwear assembly process. PCA # Duke Street PCA #28 Gasoline and Associated Products Storage in Fixed Tanks As outlined in the Phase One ESA report, this property was listed in the Ecolog ERIS database report within the Contaminated Sites on Federal Land database. This federal government building is currently known as the John Norton Building and houses offices of the Federal government. According to the database entry, PHC impacts to soil had existed in the amount of 90 cubic metres. Public Works & Government Services Canada further conducted a Detailed Quantitative Risk Assessment (DQRA) in which identified no human health or ecological risk based on contaminant screening and exposure pathway analysis. No further work was recommended. It is the professional opinion of the QP that based on the separation distance to the subject site (>80 metres), the low volume of impacted soil identified, no mention of groundwater impacts in the database entry (which would have been evaluated in the DQRA process) and the recommendation for no further work, that it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property. PCA #2 26 Duke Street East PCA #28 Gasoline and Associated Products Storage in Fixed Tanks In 1947 as indicated on an FIP (see attached), a gasoline service station with two USTs was located on the north side of Duke Street East. This service station is greater than 100 metres northeast of the Phase One Property. Between this location and the Phase One Property exists Duke Street, 2 large government buildings followed by Goudies Lane. At present this property /L

22 Mr. Michael Howlett, P.Geo. Ministry of the Environment and Climate Change July 3, 2015 Page 3 of 4 serves as a surface parking lot for an adjacent church and is believed to have been vacant (without a building) for many years. Based on the separation distance to the Phase One property; the presence of multiple large buildings and streets with associated below grade infrastructure between the former service station and the Phase One property; the absence of spills records or any associated environmental records within the ERIS report; the presumed groundwater flow direction to the southwest which likely passes to the north of the Phase One property, and the presumption that natural attenuation processes have likely occurred should there have been any releases from the service station property since the 1940s and beyond, it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property. PCA #28 25 Frederick Street PCA #28 Gasoline and Associated Products Storage in Fixed Tanks As indicated within the ERIS report, this address is listed as Nordia Inc. and is approved for an industrial air C of A for a diesel-fired generator for backup electrical generation and a natural gas fired humidifier in The exact location of this storage tank associated with this diesel generator within this large parcel of property is unknown and may be above-grade within the building. However, based on the separation distance (>120 metres) and crossgradient location it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property. PCA #29 29 King Street East PCA #28 Gasoline and Associated Products Storage in Fixed Tanks As indicated within the FOI records for this property, a UST was removed from the south side of this property in 2005, and ethylbenzene and petroleum hydrocarbon (PHC) (F2) impacted soil was discovered. The soil surrounding the UST was excavated and removed from the site; however, it appears that, due to the limited space, not all impacted soil was removed. CRS Environmental applied for a C of A (Air) for injection of microbial soil injections. No additional results indicating the success of this treatment were included in the FOI results. Based on the remediation that has occurred or continues to be occurring with respect to the residual impact and the source (UST) has been removed as well as the location of the former UST approximately 65 metres south and down-gradient from the Phase One Property, it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property. 2. Subsection 5(1), paragraph 7 of Schedule A A copy of a current plan of survey prepared, signed and sealed by a surveyor showing the RSC property, any risk assessment (RA) property within which the RSC property is located, and the phase one property and any phase two property within which the RSC property is located is required as part of the RSC submission. The following issues were identified: The plan of survey submitted with the RSC is dated April 24, It is not clear whether the plan of survey provided with the RSC is current. If the boundaries, landmarks and structures shown on the plan of survey are not consistent with the current conditions of the property, a new plan of survey will be required /L

23 Mr. Michael Howlett, P.Geo. Ministry of the Environment and Climate Change July 3, 2015 Page 4 of 4 The plan of survey submitted with the RSC does not identify the RSC property or the phase one property. The bounds of each of these properties are required to be part of the plan of survey (i.e., surveyed boundaries) and be clearly identified (i.e., highlighted and labelled as the RSC and phase one properties). Response: The survey included within the RSC submission is the only one provided by the property owner and is accurate to the best of his knowledge and represents the current boundaries and structures on the Phase One property. Attached is the survey with the RSC Phase One property clearly identified and labelled as requested. 3. Clause 16(2)(b) of Schedule D The table of current and past uses of the phase one property is required to be completed in a form approved by the Director as part of the phase one environmental site assessment (ESA). The following issues were identified: There appears to be a typo in the table. The current owner is identified as Ontario Limited in the table, whereas the current owner is identified as Ontario Limited in the RSC and other submitted documents. There appears to be a typo in the table. The ownership of the property by Breithaupt Estate Ltd. is identified in the table as ending in July December Information in the table pertaining to the subsequent owner suggests this should be corrected to December Response: Edits have been made to the table (See attached). Should you have any further questions, please do not hesitate to contact me. Yours very truly, XCG CONSULTING LIMITED Randall Barkhouse, B.Sc., P.Geo. Senior Geoscientist cc: Attachments Paul Schmidt, Ontario Limited /L

24 ATTACHMENTS ATTACHMENTS /L

25 24 King Street East, Kitchener, Ontario TABLE Table 10 Year Table of Current and Past Uses of the Phase One Property Name of Owner 24 King Street East PIN (LT) Description of Property Use Prior to 1893 Charles Krantz Occupied by an unspecified retail store by at least Date of construction unknown. April 1893 and March 1898 April 1896 to March 1898 March 1898 to February 1936 February 1936 to December 1947 December 1947 to May 1975 May 1975 to August 1984 August 1984 to January 1986 January 1986 to October 1994 Charles Krantz/George Bramm/The Economical Mutual Fire Insurance Company Occupied by an unspecified retail store by at least Date of construction unknown. Property Use Commercial Commercial Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. No additional information available The 1894 FIP indicated that a retail building had been constructed with three storeys on the south side, two storeys in the centre and one storey on the north side of the Phase One Property building. Occupied by an unspecified retail store. Carl Krantz Retail Commercial No additional information available. Catherine, Louis Jr., and William Breithaupt, Executors of Louis Breithaupt Breithaupt Estate Ltd. (name changed to Senior Estates Ltd. in July 1946) Occupied by an unspecified retail store, E.A. Sauder Men s Furnishings in 1910, Sauder & Lippert men s wear in 1919, and Herbert Lippert men s wear between 1924 and Occupied by Herbert Lippert men s wear. Commercial The 1930 aerial photograph indicated that the Phase One Property was improved with a commercial building. Commercial The 1945 aerial photograph indicated that the Phase One Property was similar to Herman Lippert Herbert Lippert men s wear Commercial The 1955, 1963, and 1972 aerial photographs indicated that the Phase One Property was similar to Robin Ross No additional information Commercial The 1982 aerial available photograph indicated that the Phase One Property was similar to Joseph Marlowe in Trust Jacqueline Marriott Doogie s Restaurant & Bar Imagery in Hair Jacquiline s Fashion Boutique Doogie s Restaurant & Bar Visions Jacqueline s Fashion Boutique Petros Commercial Commercial No additional information available. No additional information available /CSM tbl

26 24 King Street East, Kitchener, Ontario TABLE Table 10 Year Table of Current and Past Uses of the Phase One Property (cont d) Name of Owner Description of Property Use Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. October 1994 to June 2012 June 2012 to Present Jose Manuel Duarte Inoque, and Maria Manuela Prudencia Duarte Inoque Ontario Limited Little Rascal children s clothing store AM Africa Restaurant Residential A fire occurred at the neighbouring property in March 2011, destroying the two properties to the east and damaging the Phase One Property; after which the building was vacant. Commercial The 1995, 2000, and 2006 aerial photographs indicated that the Phase One Property was similar to The 2012 aerial photograph indicated that the roof on the centre portion of the building had been removed. The remainder of the building appeared intact. Vacant Commercial No additional information available /CSM tbl

27 TABLE 11 Table 11 Study Area Summary of Potentially Contaminating Activities in the Phase One PCA Evaluation as an APEC 22 Frederick Street 15 metres north and up- to cross-gradient of Phase One Property #53 Tannery No, based on further research indicating that this property was not used as a tannery, but as a shoe factory. The Breithaupt Tannery was located approximately 1.2 kilometres north of the Phase One Property. See further detailed explanation in letter to MOECC dated July 3, Duke Street West 40 metres north and up-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance, small amount of impacted soil, and recommendation for no further work. See further detailed explanation in letter to MOECC dated July 3, Duke Street East 105 metres northeast and up-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance. See further detailed explanation in letter to MOECC dated July 3, Frederick Street 200 metres northeast and up-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed No, based on the separation distance. Tanks 85 Frederick Street 170 metres northeast and up-gradient of the Phase One Property #34 Metal Fabrication No, based on the separation distance, and this property was redeveloped between 2009 and Frederick Street 110 metres east and cross- to up-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed No, based on the separation distance and cross-gradient Tanks location. The exact location of the generator on this large property is unknown. See further detailed explanation in letter to MOECC dated July 3, No Municipal Address, Young Street between Duke Street West and King Street West 240 metres northwest and cross-gradient of the Phase One Property (formerly King Street West) #28 Gasoline and Associated Products Storage in Fixed Tanks #37 Operation of Dry Cleaning Equipment (where chemicals are used) No, based on the separation distance and cross-gradient location. The exact location of the impacts on this large property is unknown. Laundry operations were located more than 250 metres from the Phase One Property. 105 King Street East 135 metres southeast and cross-gradient of the Phase One Property #47 Rubber Manufacturing and Processing No, based on the separation distance and cross-gradient location. 19 Benton Street 145 metres southeast and cross-gradient of the Phase One Property #57 Vehicles and Associated Parts Manufacturing No, based on the separation distance and cross-gradient location. Charles Street East 155 metres southeast and cross-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and cross-gradient location King Street East 60 metres southeast and cross-gradient of the Phase One Property #20 Explosives and Ammunition Manufacturing, Production and Bulk Storage No, based on the separation distance and cross-gradient location /O tbl

28 TABLE 11 Table 11 Summary of Potentially Contaminating Activities in the Phase One Study Area (cont d) PCA Evaluation as an APEC 4 Charles Street East 80 metres south and down-gradient of the Phase One Property #34 Metal Fabrication No, based on the separation distance and down-gradient #57 Vehicles and Associated Parts Manufacturing location. 33 Queen Street South 70 metres south and down-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and down-gradient location. 64 Benton Street 220 metres southeast and down-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and down-gradient location. 132 Queen Street South 200 metres southwest and down-gradient of Phase One Property #27 Garages and Maintenance and Repair of Railcars, Marine Vehicles and Aviation Vehicles #47 Rubber Manufacturing and Processing #6 Battery Manufacturing, Recycling and Bulk Storage #34 Metal Fabricating #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and down-gradient location. 112 Queen Street South 190 metres southwest and down-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and down-gradient location Queen Street South 175 metres southwest and down-gradient of the Phase One Property # 37 Operation of Dry Cleaning Equipment (where No, based on the separation distance and down-gradient chemicals are used) location. No municipal address, Ontario Street South between Halls Lane and Charles Street West 90 metres southwest and down-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in No, based on the separation distance and down-gradient Fixed Tanks location. 37 King Street West 110 metres southwest and down-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in No, based on the separation distance and down-gradient Fixed Tanks location. 8 Queen Street North 45 metres west and cross-gradient of the Phase One Property #54 Textile Manufacturing and Processing No, based on the separation distance and cross-gradient location. 48 Ontario Street North 160 metres west and cross-gradient of the Phase One Property # 37 Operation of Dry Cleaning Equipment (where chemicals are used) No, based on the separation distance and cross-gradient location /O tbl

29 TABLE 11 Table 11 Summary of Potentially Contaminating Activities in the Phase One Study Area (cont d) PCA Evaluation as an APEC 20 Queen Street North 50 metres northwest and cross-gradient of the Phase One Property #54 Textile Manufacturing and Processing No, based on the separation distance and cross-gradient location. 33 Ontario Street North 130 metres northwest and cross-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and cross-gradient location. 50 Queen Street North, Suite 700 and metres northwest and cross-gradient of the Phase One Property #19 Electronic and Computer Equipment Manufacturing No, based on separation distance, and the location of this company on the 7 th and 10 th floors of an office building. 30 Duke Street West 135 metres northwest and cross-gradient of the Phase One Property #19 Electronic and Computer Equipment Manufacturing #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance, cross-gradient location, and the building being an office tower. No, based on the separation distance, cross-gradient location, and the building being an office tower. 29 King Street East 20 metres south and down-gradient of the Phase One Property #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and down-gradient location. The UST was located approximately more than 60 metres from the Phase One Property. See further detailed explanation in letter to MOECC dated July 3, Ontario Street North 170 metres northwest and cross-gradient of Phase One Property #37 Operation of Dry Cleaning equipment (where chemicals are used) No, based on the separation distance, cross-gradient location, and RSC on the adjacent property to the south indicating relatively low levels of PCE impacts in groundwater. 40 Ontario Street South #59 Wood Treating and Preservative Facility and No, based on years stored and separation distance and Bulk Storage of Treated and Preserved Wood down-gradient location. Products Charles Street West 215 metres southwest and down-gradient of the Phase One Property #59 Wood Treating and Preservative Facility and Bulk Storage of Treated and Preserved Wood Products No, based on years stored and separation distance and down-gradient location. 15 Charles Street West 320 metres southwest and down-gradient of the Phase One Property #9 Coal Gasification #28 Gasoline and Associated Products Storage in Fixed Tanks No, based on the separation distance and down-gradient location. The gasometer and USTs are located more than 250 metres from the Phase One Property /O tbl

30 RSC PHASE ONE PROPERTY

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33 24 King Street East, Kitchener, Ontario PHASE I CONCEPTUAL SITE MODEL 1. PHASE ONE CONCEPTUAL SITE MODEL The Phase One ESA Study Area including property boundaries and roadways is shown on Figure 1. The Phase One Property is rectangular and is approximately 0.02 hectares (0.05 acres) in size, located in the downtown core of Kitchener, Ontario. At the time of the site reconnaissance, the Phase One Property was developed with a fire-damaged vacant commercial building with a vacant residential unit on the second and third floors. The roof of a portion of the second floor was missing. The Phase One Property was initially developed prior to The Phase One Property is generally flat and is at similar elevations with respect to the adjacent properties to the north, south, and west. The Phase One Property is graded higher than the adjacent property to the east. The building occupies the majority of the Phase One Property, with the exception of a small portion on the north side of the Phase One Property, which is paved with asphalt. The neighbouring properties immediately adjacent to the Phase One Property are shown on Figure 2. The closest permanent body of water to the Phase One Property is Victoria Park Lake approximately 620 metres southwest 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 Phase One Property is located in the physiographic region of Maryhill Till, which consists of silty clay to clay matrix, with moderate to high matrix carbonate content and is clast poor. The east, south, and west areas of the Phase One Study Area are located in the physiographic region of glaciofluvial ice-contact deposits which consists of gravel and sand, minor till and includes esker, kame, end moraine, ice marginal delta and subaqueous fan deposits. Bedrock consists of sandstone, shale, dolostone, and siltstone of the Guelph Formation. Shale was encountered between 54.3 and 59.1 metres below ground surface (bgs), underlain by limestone between 59.1 and metres bgs, in the closest bedrock well, located approximately 110 metres to the south of the Phase One Property. The inferred depth to shallow groundwater is approximately 5.5 metres bgs, based on a monitoring well installed in 2011 located approximately 80 metres north of the Phase One Property. It is anticipated that shallow groundwater would flow in a southwesterly direction following the local topography toward Victoria Park Lake. The direction of shallow groundwater flow may be locally influenced by roadways, buried utilities, and geology. No PCAs were identified with respect to the Phase One Property; however, 30 PCAs were identified with respect to off-site properties within the study area as listed in Table 11. The PCAs identified in the Phase One Study Area are shown on Figure 3. With respect to the PCAs within the Phase One study area, in the professional opinion and experience of the QP, only five PCAs require additional information with respect to their potential to impact the Phase One property based on their location/proximity to the Phase One property and the presumed groundwater flow direction to the southwest. The remaining PCAs are detailed in Table 11, indicating the justification/reasons that these /CSM

34 24 King Street East, Kitchener, Ontario PHASE I CONCEPTUAL SITE MODEL PCAs have not adversely impacted the soil and groundwater quality beneath the Phase One property. PCA #1 22 Frederick Street #53 Tannery Upon further investigation as outlined in the Phase One ESA report, the actual location of this property is approximately 30 metres northwest of the Phase One property at the corner of Queen Street North and Goudies Lane (as noted in the 1904 FIP). The existence of PCA #53 was noted in the 1904 Fire Insurance Plan (FIP) as the Breithaupt Leather Co. and the Berlin Leather Co. and appeared to have been used for furniture repairs and warehouse and printing operations in 1908 and demolished by With respect to the property being a tannery, further investigation of the Kitchener Library Archives showed that this property was not used as a tannery, but as a leather shoe factory in approximately 1885 (Thompson, 1992 and English et. al., 1996). The Breithaupt Tannery was actually located approximately 1.2 kilometres north of the Phase One Property. The references reviewed were titled as follows: English, John and Kenneth McLauchlin, Kitchener: An Illustrated History, Thompson, Andrew McCauley, The Breithaupts and Breithaupt Leather: Building a Family Business in Berlin, Ontario, Further, the presumed groundwater flow direction to the southwest toward Victoria Park Lake places the former shoe factory location cross gradient to the Phase One property (as noted in the 1904 FIP) and not up-gradient. Based on the above information, we conclude that PCA #53 being a shoe factory and not a tannery would not have adversely impacted the soil and groundwater quality beneath the Phase One property. Presumably, a shoe factory would receive the leather and other components of shoes with only the sewing and the assembly of shoes and footwear would be taking place at this location. Adhesives, possibly dyes and waxes/polishes, would have likely been used as part of the footwear assembly process. PCA # Duke Street PCA #28 Gasoline and Associated Products Storage in Fixed Tanks As outlined in the Phase One ESA report, this property was listed in the Ecolog ERIS database report within the Contaminated Sites on Federal Land database. This federal government building is currently known as the John Norton Building and houses offices of the Federal government. According to the database entry, PHC impacts to soil had existed in the amount of 90 cubic metres. Public Works & Government Services Canada further conducted a Detailed Quantitative Risk Assessment (DQRA) in which identified no human health or ecological risk based on contaminant screening and exposure pathway analysis. No further work was recommended. It is the professional opinion of the QP that based on the separation distance to the subject site (>80 metres), the low volume of impacted soil identified, no mention of groundwater impacts in the database entry (which would have been evaluated in the DQRA process) and the recommendation for no further work, that it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property /CSM

35 24 King Street East, Kitchener, Ontario PHASE I CONCEPTUAL SITE MODEL PCA #2 26 Duke Street East PCA #28 Gasoline and Associated Products Storage in Fixed Tanks In 1947 as indicated on an FIP (as noted in the FIP), a gasoline service station with two USTs was located on the north side of Duke Street East. This service station is greater than 100 metres northeast of the Phase One Property. Between this location and the Phase One Property exists Duke Street, two large government buildings followed by Goudies Lane. At present this property serves as a surface parking lot for an adjacent church and is believed to have been vacant (without a building) for many years. Based on the separation distance to the Phase One property; the presence of multiple large buildings and streets with associated below grade infrastructure between the former service station and the Phase One property; the absence of spills records or any associated environmental records within the ERIS report; the presumed groundwater flow direction to the southwest which likely passes to the north of the Phase One property, and the presumption that natural attenuation processes have likely occurred should there have been any releases from the service station property since the 1940s and beyond, it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property. PCA #28 25 Frederick Street PCA #28 Gasoline and Associated Products Storage in Fixed Tanks As indicated within the ERIS report, this address is listed as Nordia Inc. and is approved for an industrial air C of A for a diesel-fired generator for backup electrical generation and a natural gas fired humidifier in The exact location of this storage tank associated with this diesel generator within this large parcel of property is unknown and may be above-grade within the building. However, based on the separation distance (>120 metres) and cross-gradient location it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property. PCA #29 29 King Street East PCA #28 Gasoline and Associated Products Storage in Fixed Tanks As indicated within the FOI records for this property, a UST was removed from the south side of this property in 2005, and ethylbenzene- and petroleum hydrocarbon- (PHC) (F2) impacted soil was discovered. The soil surrounding the UST was excavated and removed from the site; however, it appears that, due to the limited space, not all impacted soil was removed. CRS Environmental applied for a C of A (Air) for injection of microbial soil injections. No additional results indicating the success of this treatment were included in the FOI results. Based on the remediation that has occurred or continues to be occurring with respect to the residual impact and the removal of the source (UST), as well as the location of the former UST approximately 65 metres south and down-gradient from the Phase One Property, it is unlikely that this PCA has adversely impacted the soil and groundwater quality beneath the Phase One property /CSM

36 24 King Street East, Kitchener, Ontario FIGURES FIGURES /CSM

37 KEY MAP NOT TO SCALE WEBER ST. STUDY AREA FREDERICK ST. SUBJECT SITE KING ST. LEGEND: APPROXIMATE PHASE ONE PROPERTY BOUNDARIES APPROXIMATE PROPERTY BOUNDARIES APPROXIMATE STUDY AREA APPROXIMATE 250m BUFFER BUILDINGS m DRAWING REFERENCE: Figure based on Region of Waterloo online mapping 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: R FIG01.pdf FILE: R dwg

38 (4 KING ST. E.) KEY MAP NOT TO SCALE WEBER ST. STUDY AREA FREDERICK ST. SUBJECT SITE KING ST. (1 QUEEN ST. N.) (8-10 KING ST. E.) CIBC (1 KING ST. E.) PARKING LOT LEGEND: APPROXIMATE SUBJECT PROPERTY BOUNDARIES APPROXIMATE PROPERTY BOUNDARIES EVERGREEN MINI MART (16 KING ST. E.) NIKO NIKO ROLL & SUSHI (20 KING ST. E.) 20/20 VISION CLINIC (19 KING ST. E.) ROOFTOP PATIO STAIRWELL PAVED PARKING (22 FREDERICK ST.) VACANT AND UNDEVELOPED (28 KING ST. E.) RAINBOW CARIBBEAN CUISINE / JUNIOR ACHIEVEMENT / DOWNTOWN KITCHENER BIA / THE BREAK ROOM / THE LOFTS OF 29 KING / KITCHENER AND WATERLOO COMMUNITY FOUNDATION (29-31 KING ST. E.) VACANT AND UNDEVELOPED (30 KING ST. E.) PUBLIC PARKING LOT (32 KING ST. E.) m OFFICE BUILDING DRAWING REFERENCE: Figure based on Region of Waterloo online mapping 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: R FIG02.pdf FILE: R dwg

39 KEY MAP NOT TO SCALE WEBER ST. STUDY AREA FREDERICK ST. SUBJECT SITE KING ST LEGEND: APPROXIMATE PHASE ONE PROPERTY BOUNDARIES POTENTIALLY CONTAMINATING ACTIVITIES ADDRESS CONTAMINATING ACTIVITY 1-22 FREDERICK STREET #53 TANNERY 2-26 DUKE STREET EAST #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS 3-96 FREDERICK STREET #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS 4-85 FREDERICK STREET #34 METAL FABRICATION KING STREET EAST #47 RUBBER MANUFACTURING AND PROCESSING 6-19 BENTON STREET #57 VEHICLES AND ASSOCIATED PARTS MANUFACTURING 7 - CHARLES STREET EAST #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS KING STREET EAST #20 EXPLOSIVES AND AMMUNITION MANUFACTURING, PRODUCTION AND BULK STORAGE 9-4 CHARLES STREET EAST #34 METAL FABRICATION #57 VEHICLES AND ASSOCIATED PARTS MANUFACTURING KING STREET WEST #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS 11 - ONTARIO STREET SOUTH #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS #17 DYE MANUFACTURING, PROCESSING, AND BULK STORAGE QUEEN STREET SOUTH #37 OPERATION OF DRY CLEANING EQUIPMENT (WHERE CHEMICALS ARE USED) QUEEN STREET SOUTH #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS #6 BATTERY MANUFACTURING, RECYCLING, AND BULK STORAGE #27 GARAGES AND MAINTENANCE AND REPAIR OF RAILCARS, MARINE VEHICLES AND AVIATION VEHICLES QUEEN STREET SOUTH #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS #34 METAL FABRICATION #47 RUBBER MANUFACTURING AND PROCESSING 15 - TRANSIT TERMINAL #9 COAL GASIFICATION 15 CHARLES STREET WEST #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS #59 WOOD TREATING AND PRESERVATIVE FACILITY AND BULK STORAGE CHARLES STREET WEST OF TREATED AND PRESERVED WOOD PRODUCTS #59 WOOD TREATING AND PRESERVATIVE FACILITY AND BULK STORAGE ONTARIO STREET SOUTH OF TREATED AND PRESERVED WOOD PRODUCTS #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS 18 - KING STREET #37 OPERATION OF DRY CLEANING EQUIPMENT (WHERE CHEMICALS ARE (FORMERLY KING ST. W.) USED) ONTARIO STREET NORTH #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS 20-8 QUEEN STREET NORTH #54 TEXTILE MANUFACTURING AND PROCESSING QUEEN STREET NORTH #54 TEXTILE MANUFACTURING AND PROCESSING QUEEN STREET SOUTH #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS DUKE STREET EAST #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS DUKE STREET WEST #19 ELECTRONIC AND COMPUTER EQUIPMENT MANUFACTURING #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS #37 OPERATION OF DRY CLEANING EQUIPMENT (WHERE CHEMICALS ARE ONTARIO STREET NORTH USED) ONTARIO STREET NORTH #37 OPERATION OF DRY CLEANING EQUIPMENT (WHERE CHEMICALS ARE USED) BENTON STREET #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS FREDERICK STREET #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS KING STREET EAST #28 GASOLINE AND ASSOCIATED PRODUCTS STORAGE IN FIXED TANKS QUEEN STREET NORTH #19 ELECTRONIC AND COMPUTER EQUIPMENT MANUFACTURING APPROXIMATE PROPERTY BOUNDARIES APPROXIMATE STUDY AREA POTENTIALLY CONTAMINATING ACTIVITIES HISTORICAL FUEL STORAGE TANK IDENTIFIED ON PROPERTY APPROXIMATE LOCATION OF UNDERGROUND STORAGE TANK (BASED ON HISTORIC FIPs AND FOI RECORDS) APPROXIMATE LOCATION OF EXISTING MONITORING WELL OBSERVED DURING SITE VISIT m DRAWING REFERENCE: Figure based on Region of Waterloo online mapping 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: R FIG03.pdf FILE: R dwg