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 2014/12/05 Certification Date 2014/10/08 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 3273 ERRINGTON AVENUE, CHELMSFORD, ON, P0M 1B0 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 2014/12/05 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 C. ENFIELD INC. CHICO VAILLANCOURT 3273 ERRINGTON AVENUE, CHELMSFORD ONTARIO, CANADA P0M 1B0 Phone (705) Fax Address Filed Record of Site Condition # on 2014/12/05 2 of 10

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) 3273 ERRINGTON AVENUE, CHELMSFORD, ON P0M 1B0 Greater Sudbury See Attached Lawyer s Letter (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 484, Northing 5,157, 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 2014/12/05 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 2014/12/05 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 CHRISTIAN TENAGLIA Licence Licence Number QP Employer Name Mailing Address PINCHIN LTD. 126 QUEEN STREET EAST, SUITE 3, SAULT STE. MARIE ONTARIO, P6A 1Y5 CANADA Phone (705) Fax (705) Address ctenaglia@pinchin.com Municipal Information Local or Single-Tier Municipality Greater Sudbury Ministry of the Environment and Climate Change District Office District Office District Office Address Sudbury District Office Suite 1201, 199 Larch St., Sudbury ON P3E 5P9 Filed Record of Site Condition # on 2014/12/05 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) 2014/10/08 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, 3273 Errington Avenue, Chelmsford, Ontario 2014/10/08 Christian Tenaglia PINCHIN 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 2014/12/05 6 of 10

7 Site Condition Information Certification date (YYYY/MM/DD) 2014/10/08 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 2014/12/05 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 2014/10/08, 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 2014/10/08, 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 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 2014/10/08. 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, CHRISTIAN TENAGLIA, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2014/11/23: 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 2014/12/05 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 2014/12/05 9 of 10

10 Filed Record of Site Condition # on 2014/12/05 10 of 10

11 Request ID: Province of Ontario Date Report Produced: 2014/11/20 Demande n : Province de l'ontario Document produit le : Transaction ID: Ministry of Government Services Time Report Produced: 10:39:33 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 C. E N F I E L D I N C. Ontario Corporation Number Numéro matricule de la société (Ontario) is a corporation incorporated, amalgamated or continued under the laws of the Province of Ontario. The corporation came into existence on est une société constituée, prorogée ou née d'une fusion aux termes des lois de la Province de l'ontario. La société a été fondée le A U G U S T 2 4 A O Û T, and has not been dissolved. et n'est pas dissoute. Dated Fait le N O V E M B E R 2 0 N O V E M B R E, 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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23 LRO # 53 Transfer Registered as SD on at 15:23 The applicant(s) hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3 Properties PIN LT Interest/Estate Fee Simple Description PCL SEC SWS; LT 87, BLK 12 PL M91 BALFOUR; GREATER SUDBURY Address 3273 ERRINGTON AVE CHELMSFORD Consideration Consideration $224, Transferor(s) The transferor(s) hereby transfers the land to the transferee(s). Name Address for Service PORTELANCE, MAURICE ALBERT 1333 Garry Avenue Sudbury, ON P3A 4G1 I am at least 18 years of age. The property is not ordinarily occupied by me and my spouse, who is not separated from me, as our family residence. This document is not authorized under Power of Attorney by this party. Transferee(s) Capacity Share Name C. ENFIELD INC. Registered Owner Address for Service 610 Notre Dame Street West Azilda, ON P0M 1B0 STATEMENT OF THE TRANSFEROR (S): The transferor(s) verifies that to the best of the transferor s knowledge and belief, this transfer does not contravene the Planning Act. STATEMENT OF THE SOLICITOR FOR THE TRANSFEROR (S): I have explained the effect of the Planning Act to the transferor(s) and I have made inquiries of the transferor(s) to determine that this transfer does not contravene that Act and based on the information supplied by the transferor(s), to the best of my knowledge and belief, this transfer does not contravene that Act. I am an Ontario solicitor in good standing. STATEMENT OF THE SOLICITOR FOR THE TRANSFEREE (S): I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records reveal no contravention as set out in the Planning Act, and to the best of my knowledge and belief this transfer does not contravene the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good standing. Signed By Peter Liam McMullen 1630 Paris Street, Suite 505 Sudbury P3E 3C1 Tel Fax acting for Transferor(s) I am the solicitor for the transferor(s) and I am not one and the same as the solicitor for the transferee(s). I have the authority to sign and register the document on behalf of the Transferor(s). Frank Anzil Tel Fax A Elm St. Sudbury P3C 1T7 acting for Transferee(s) I am the solicitor for the transferee(s) and I am not one and the same as the solicitor for the transferor(s). I have the authority to sign and register the document on behalf of the Transferee(s). Signed Signed Submitted By FRANK ANZIL LAW OFFICE Tel Fax A Elm St. Sudbury P3C 1T

24 LAND TRANSFER TAX STATEMENTS In the matter of the conveyance of: PCL SEC SWS; LT 87, BLK 12 PL M91 BALFOUR; GREATER SUDBURY BY: PORTELANCE, MAURICE ALBERT TO: C. ENFIELD INC. Registered Owner 1. CHICO VAILLANCOURT I am (a) A person in trust for whom the land conveyed in the above described conveyance is being conveyed; (b) A trustee named in the above described conveyance to whom the land is being conveyed; (c) A transferee named in the above described conveyance; (d) The authorized agent or solicitor acting in this transaction for described in paragraph(s) (_) above. (e) The President, Vice President, Manager, Secretary, Director, or Treasurer authorized to act for C. ENFIELD INC. described in paragraph(s) (c) above. (f) A transferee described in paragraph() and am making these statements on my own behalf and on behalf of who is my spouse described in paragraph(_) and as such, I have personal knowledge of the facts herein deposed to. 3. The total consideration for this transaction is allocated as follows: (a) Monies paid or to be paid in cash 20, (b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 204, (c) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the land(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of land, building, fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 224, (h) VALUE OF ALL CHATTELS items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 (j) Total consideration 224, PROPERTY Information Record A. Nature of Instrument: Transfer LRO 53 Registration No. SD Date: 2013/06/28 B. Property(s): PIN Address 3273 ERRINGTON AVE CHELMSFORD C. Address for Service: 610 Notre Dame Street West Azilda, ON P0M 1B0 D. (i) Last Conveyance(s): PIN Registration No. SD Assessment Roll No (ii) Legal Description for Property Conveyed: Same as in last conveyance? Yes No Not known E. Tax Statements Prepared By: Frank Anzil School Tax Support (Voluntary Election) 146 A Elm St. Sudbury P3C 1T7 1. All individual transferees have French Language Education Rights 2. All individual transferees wish to vote for French Public.

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26 TABLE OF CURRENT AND PAST USES OF THE PHASE ONE PROPERTY Year Prior to 1934 Name of Owner(s) Crown Description of Property Use The Phase One Property was either undeveloped or used for agricultural purposes. Property Use Agricultural or Other Use Other Observations from Aerial Photographs, Fire Insurance Plans, etc. Agricultural or undeveloped land uses based on information reviewed in the title search The Municipal Corporation of the Town of Chelmsford The Phase One Property was either undeveloped or used for agricultural purposes. Agricultural or Other Use Agricultural or undeveloped land uses documented through interviews, records review and title search Alfi Vaillancourt Stephanie Langis The Phase One Property was either undeveloped or used for agricultural purposes. The Phase One Property was either undeveloped or used for agricultural purposes. Agriculture or Other Use Agriculture or Other Use Wilfred Langis The Phase One Property was either undeveloped or used for agricultural purposes. Agriculture or Other Use Constance Vachon Simplamatic Homes Limited The Phase One Property was used for residential purposes. The Phase One Property was used for residential purposes. Residential Residential and Commercial Residential land use documented through interviews and records review. In the 1964 aerial photograph, a residential building was located on the east portion of the Phase One Property. Residential and commercial use documented through interviews and records review. A residential listing was identified in the 1970 title search. The Site Representative indicated that the property was redeveloped for commercial land use in its current configuration in 1971.

27 Year Mar, 2013 Name of Owner(s) George Whissel Emile Houle and Claudette Portelance Suzanne Claudette Portelance Description of Property Use The Phase One Property was used for commercial purposes. The Phase One Property was used for commercial purposes. The Phase One Property was used for commercial purposes. Property Use Commercial Commercial Commercial Other Observations from Aerial Photographs, Fire Insurance Plans, etc. The Site Representative indicated that the property was developed for commercial uses since 1971 and was occupied by various commercial retail tenants including a hair salon, flower store, retail clothing outlet, food convenience store, barber, coffee shop, massage therapist, and yoga studio. Aerial photographs from 1976, 1983, 1992, 2006, 2009, 2012 and 2013 confirm the Phase One Property s redevelopment and the Site Building in its current location. Mar 2013 Jun, 2013 Maurice Albert Portelance The Phase One Property was used for commercial purposes. Commercial Commercially developed based, interviews, site reconnaissance and records review. Unoccupied. Jun, Present C. Enfield Inc. The Phase One Property was used for commercial purposes. Commercial

28 PHASE ONE ESA - CONCEPTUAL SITE MODEL Introduction A conceptual site model has been created to provide a detailed visualization of the areas of potential environmental concern (APECs) which could occur on, in, under, or affecting the Phase One Property. The conceptual site model also presents the potential contaminants of concern (COCs), the locations and descriptions of underground utilities, and available site-specific hydrogeological information required, as per Table 1, Mandatory Requirements for Phase One Environmental Site Assessment Reports of Ontario Regulation 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 Ontario Ministry of Environment s (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 following details for this conceptual site model have been derived from the results of the Phase One Environmental Site Assessment (ESA) completed for the Phase One Property. Existing Site Building The Site Building is located on the east portion of the Phase One Property. The location of the Phase One Property, Phase One Study Area and overview of the layout of the Phase One Property (i.e., including location of the Site Building) are presented in Figures 1 through 3. The Site Building is a single-storey building constructed on a concrete floor slab with no underground features or basement. The building is currently vacant and unoccupied. Water Bodies No water bodies exist on the Phase One Property. The nearest water body is a small tributary of the Whitson River located approximately 200 metres north of the Phase One Property within the Phase One Study Area, which flows west towards the Whitson River, located approximately 850 m west of the Phase One Property. Areas of Natural Significance No areas of natural significance exist on the Phase One Property or within the Phase One Study Area. Drinking Water Wells As per the results of the records review, one water well record was observed to exist within the Phase One Study Area. The water well record listed in the records review has the potential to be a drinking water well. This well location is approximately 213 m south and upgradient of the Phase One Property. No drinking water wells were reported to exist on the Phase One Property. PINCHIN LTD. 126 QUEEN STREET EAST, SUITE 3, SAULT STE. MARIE, ON, P6A 1Y PINCHIN

29 Phase One ESA Conceptual Site Model October 8, Errington Avenue, Chelmsford, ON Pinchin File: C. Enfield Inc. Roads Hill Street exist north of the Phase One Property and Charette Avenue exists east of the Phase One Property. Errington Avenue exists immediately west of the Phase One Property. These roads and all other roads within the Phase One Study area are illustrated on Figures 1 through 3. Adjacent Property Uses The adjacent property uses within the Phase One Study Area are illustrated on Figure 2. In summary, adjacent to the north property boundary is a commercial building (hair salon) followed by Hill Street; adjacent to the east property boundary are residential dwellings followed by Charette Avenue; adjacent to the south boundary is a commercial building (adult day program centre) followed by a residential property; and adjacent to the west is Errington Avenue followed by residential dwellings. PCAs and APECs Based on information obtained during the Phase One ESA, no Potential Contaminating Activities (PCAs) and corresponding APECs were identified that could potentially and actually affect the environmental condition of the subsurface media on, in or under the Phase One Property, therefore are absent from the conceptual site model illustrations (i.e., Figures 1 through 3). Underground Utilities All underground utilities (i.e., electrical, sanitary, sewer, natural gas and potable water) service the Site Building laterally (i.e., perpendicular) from Errington Avenue (i.e., along the western elevation of the Site Building). The depth of these underground services, as reported by the Phase One Property owner and through discussions with local utility providers, is all approximately within 1 metre from ground surface. Cable and telephone services the Site Building from overhead wires extending from an off-site pole along the north and east portion of the Phase One Property. All services are illustrated on Figures 3. Underground utility corridors located throughout the Site may affect distribution and transport of shallow subsurface groundwater at the Phase One Property. Utility corridors are often preferential pathways for contaminant migration due to the coarse and sometimes frequently uncompacted nature of the surrounding bedding material. Geological and Hydrogeological Information The Phase One Property is relatively flat, with a slight downward grade to the north. The Phase One Property is at a similar grade to the adjoining properties to the south, east and west and are expected to be hydraulically upgradient in relation to the inferred groundwater flow direction from the Site. The properties to the north are situated at a lower elevation than the Phase One Property and are expected to 2014 PINCHIN LTD. PAGE 2 OF 4

30 Phase One ESA Conceptual Site Model October 8, Errington Avenue, Chelmsford, ON Pinchin File: C. Enfield Inc. be hydraulically downgradient in relation to the inferred groundwater flow direction from the Phase One Property. The Phase One Property is located within a Glaciolacustrine Plain dominant landform primarily consisting of clay and silt. Based on discussion with local well drillers, bedrock is inferred to exist at a depth of approximately mbgs. Bedrock is expected to be made up of Carbonaceous Slate of the Whitewater Group and Onwatin Formation. The bulk of surface water is anticipated to migrate off-site from the Phase One Property through evaporation and overland flow to the west towards the catch basins located along Errington Avenue and discharge into the municipal storm water system. Information reviewed for the Phase One Study Area indicates that the shallow unconfined groundwater aquifer reportedly exists approximately 4.5 metres below ground surface. Based on the slope of the local topography and the location of the nearest body of water (i.e., small tributary of the Whitson River approximately 200 m north of the Phase One Property) groundwater flow within the shallow unconfined aquifer is inferred to flow towards the north. Pathways, Receptors and Analysis With respect to the conceptual site model, Pinchin has evaluated the potential exposure pathways and receptors that may be affected by APECs should they have been found to exist. These exposure pathways and receptors are based on the MOE Rationale document, such that they remain consistent for any future work which may take place on-site. The exposure pathways and receptors Pinchin has considered are as follows: Exposure Pathways GW1 The protection of drinking water component. GW2 The protection of indoor air from vapours originating from groundwater component. GW3 The protection of the aquatic environment component. S1 High-frequency, high-intensity, human health exposure scenario equivalent to that of a surface soil at a residential/parkland/institutional or agricultural/other site (children and pregnant women are present). S2 Lower-frequency and lower-intensity, human health exposure scenario without children present and is used at commercial/industrial/community sites or at depth at residential/parkland/institutional or agricultural/other sites. S3 Low-frequency, high-intensity, human health exposure scenario without children present that is protective of a worker digging in the soil. It is used for sub-surface soils at commercial/industrial/community sites PINCHIN LTD. PAGE 3 OF 4

31 Phase One ESA Conceptual Site Model October 8, Errington Avenue, Chelmsford, ON Pinchin File: C. Enfield Inc. S-1A Soil to indoor air, for vapour intrusion into building. S-OA Soil to outdoor air, a volatilization model combined with atmospheric mixing which is protective of outdoor air quality. S-Odour Soil concentrations that will not result in unacceptable odours from direct sniffing of the soil. S-GW1 Soil to potable groundwater, soil values protective of GW1 values. S-GW3 Soil to groundwater to surface water, soil values protective of aquatic life and GW3 values. Receptors Human Health through ingestion, dermal contact, odours and inhalation, indoor and outdoor worker Ecotoxicity to plants, soil invertebrates, mammals, birds and aquatic life. The figures associated with this conceptual site model illustrate the absence or presence of environmentally sensitive areas (i.e., water bodies, areas of natural significance) or potable drinking water wells on-site or within the Phase One Study Area. The figures illustrate the roads within the Phase One Study Area, uses of adjacent properties, any potential contaminating activity and locations of areas of potential environmental concern. 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. This conceptual site model s analysis of the pathways and receptors shall be refined during future site investigations, if ever warranted. No uncertainty or absence of information obtained in each component of the Phase One ESA could affect the validity of this Phase One Conceptual Site Model PINCHIN LTD. PAGE 4 OF 4

32 OpenStreetMap contributors PROJECT NAME PHASE ONE ENVIRONMENTAL SITE ASSESSMENT CLIENT NAME C. ENFIELD INC. PROJECT LOCATION 3273 ERRINGTON AVENUE, CHELMSFORD, ONTARIO FIGURE NAME FIGURE NO. KEY MAP SCALE PROJECT NO. DATE: AS SHOWN OCTOBER 8,

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