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HomeMy WebLinkAboutResolutions - 2013.05.09 - 20798MISCELLANEOUS RESOLUTION #13094 May 9, 2013 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 689 EAST 14 MILE ROAD CITY OF CLAWSON PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), has established an Oakland County Brownfield Redevelopment Authority (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County's communities; and WHEREAS the 689 East 14 Mile site in The City of Clawson is an environmental hazard, a "facility" under state statute and a non-producing parcel; and WHEREAS a Brownfield clean up and redevelopment plan (the "Plan") has been prepared to restore the environmental and economic viability of this parcel, which the OCBRA has reviewed and modified; and WHEREAS pursuant to OCBRA by-laws, a local committee has been appointed and participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS the members of City Council have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13(13) of the Act, and have approved the resolution declaring their concurrence with the provisions of the Plan (attached); and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has unanimously approved a resolution (attached) adopting the Plan, and recommends the adoption of the Plan by the Oakland County Board of Commissioners to be carried out within the City of Clawson relating to the redevelopment of 689 East 14 Mile Road in the City of Clawson (the "Property"). NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the Brownfield Redevelopment Plan to be carried out within the City of Clawson, relating to the redevelopment of 689 East 14 Mile Road BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for 689 East 14 Mile Road in the City of Clawson shall be held on May 9, 2013, in the Oakland County Board of Commissioners' Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing resolution. PLANNING & BUILDING COMMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Bosnic absent. STATE OF MICHIGAN COUNTY OF OAKLAND CITY OF CLAWSON RESOLUTION CONCURRING WITH THE PROVISIONS OF A BROWNFIELD PLAN ADOPTED BY THE OAKLAND COUNTY BROWNFIELD REDEVELOPMENT AUTHORITY FOR THE 689 EAST 14 MILE PROJECT RECITATIONS: WHEREAS, the Oakland County Board of Commissioners, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), have established a Brownfield Redevelopment Authority and Board (OCBRA) to facilitate the clean up and redevelopment of Brownfields within Oakland County's communities; and WHEREAS, the property located at 689 East 14 Mile, a foi Hier gas station site in the City of Clawson is an environmental hazard, a "facility' under state statute: and WHEREAS, a Brownfield clean up and redevelopment plan (the "Plan") has been prepared to restore the environmental and economic viability of this parcel which the OCBRA has reviewed and approved; and WHEREAS, pursuant to OCBRA by-laws, a local committee has been appointed, participated in discussions regarding the proposed plan and project, reviewed the plan, and recommends its approval; and WHEREAS, the OCBRA, pursuant to and in accordance with Section 13 of the Act, shall consider recommending that the Oakland County Board of Commissioners approve the Brownfield Plan to be carried out within the City of Clawson, relating to the redevelopment of the property located at 686 East 14 Mile (the "Property"); and WHEREAS, the members of the City council have reviewed the Plan, and have been provided a reasonable opportunity to express their views and recommendations regarding the Plan in accordance with Sections 13(13) of the Act; and NOW THEREFORE BE IT RESOLVED THAT, the City Council of the City of Clawson hereby concurs with the provisions of the Plan including approval of the Plan by the Oakland County Board of Commissioners and implementation of the Plan by the Oakland County Brownfield Redevelopment Authority, BE IT FURTHER RESOLVED THAT should any section, clause or phrase of this Resolution be declared by the courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid. BE IT FURTHER RESOLVED THAT all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. AYES: NAYS: ABSTENTIONS: ABSENT: CERTIFICATION It is hereby certified that the foregoing Resolution is a true and accurate copy of the Resolution adopted by the City Council of the City of Clawson at a meeting duly called and held on the 27th day of September, 2011. CITY of CLAWSON By: , CLERK 4080 W. 11 Mile Rc Berkley, MI 48072 877-884-6775 ^L 248-336-9988 OAKLAND COUNTY BROWN FIELD REDEVELOPMENT AUTHORITY (OCBRA) BROWrRELD PLAN February 25, 2013 FOR THE VACANT GASOLINE SERVICE STATION LOCATED AT 689 EAST 14 MILE ROAD, CLAWSON, MICHIGAN Prepared on Behalf of: Royal 7 Clawson, LLC 47759 Walden Road Macomb Township, Michigan 48044 Contact Person: Mr. Jim Maiuri Telephone: (586) 292-0772 Prepared By: PM Environmental, Inc. 4080 West Eleven Mile Road Berkley, Michigan 48072 Contact Person: Michael T. Kulka, P.E., C.P. Telephone: (248) 336-9988 Brownfield Plan for the CcIrnir--.2-. Dperry Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No. 02-5154-3; February 25, 2013 TABLE OF CONTENTS PROJECT SUMMARY I. INTRODUCTION AND PURPOSE 2 II. GENERAL DEFINITIONS AS USED IN THIS PLAN 2 III. BROW NFIELD PROJECT 3 SUBJECT PROPERTY 3 PROJECT DESCRIPTION 3 BROWNFIELD PLAN ELEMENTS 4 A. Description of Costs to Be Paid for With Tax Increment Revenues and Summary of Eligible Activities 4 B. Estimate of Captured Taxable Value and Tax Increment Revenues 4 C. Method of Financing and Description of Advances by the Municipality 5 D. Maximum Amount of Note or Bonded Indebtedness 5 E. Duration of Brownfield Plan 5 F. Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions 5 G. Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property 5 H. Estimates of Residents and Displacement of Families 5 I. Plan for Relocation of Displaced Persons 6 J. Provisions for Relocation Costs 6 K. Strategy for Compliance with Michigan's Relocation Assistance Law 6 L. Description of Proposed Use of Local Revolving Loan Fund 6 M. Other Material that the Authority or Governing Body Considers Pertinent 6 APPENDICES Appendix A Appendix B Appendix C Appendix D Legal Description Phase I ESA, Baseline Environmental Assessment, and Due Care Plan Site Maps Tax Increment Financing Tables PM Environmental, Inc. Table of Contents Page 1 3rownfield Plan, for the Commercial Property Located at 639 East 14 Mile Road, Clawson, Michigan PM Project No. 02-5154-3; February 25, 2013 PROJECT SUMMARY Project Name: Project Location: Type of Eligible Property: Eligible Activities: Reimbursable Costs: Years to Complete Reimbursement: Estimated Capital Investment: 7-11 Clawson — 689 East 14 Mile Road The property is located in Township two (2) north (T. 2N), Range eleven (11) east (R. 11E), Section 34, Clawson, Oakland County, Michigan. Facility Baseline Environmental Assessments, Due Care Activities, Additional Response Activities, Preparation of Brownfield Plan $92,370 (plus a 15% contingency of $13,856) Approximately 17 Years Approximately $1,000,000 Project Overview: The project consists of the comprehensive redevelopment of the property located at the northwest corner of the intersection of East 14 Mile Road and North Rochester Road in Clawson, Oakland County, Michigan. Royal 7 Clawson, LLC is the planned future owner. Royal 7 Properties, LLC intends to use brownfield redevelopment tax increment financing to reimburse the cost of eiigibie environmental activities needed to prepare the property for safe redevelopment and reuse. This project will include demolition of the current building, due care activities, and redevelopment to a convenience store. It is anticipated that seven to ten new full time jobs will be created at this location. PM Environmental, Inc. Page 1 Brownfield Plan for the Commercial Property Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No. 02-5154-3; February 25, 2013 I. INTRODUCTION AND PURPOSE In order to promote the revitalization of environmentally distressed and blighted areas within the boundaries of Oakland County ("the County"), the County has established the Oakland County Brownfield Redevelopment Authority (the "Authority") pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act (PA) 381 of 1996, as amended. The primary purpose of this Brownfield Plan ("Plan") is to promote the redevelopment of and private investment in certain "Brownfield" properties within the County. Inclusion of property within this Plan will facilitate financing of environmental response and other eligible activities at eligible properties, and will also provide tax incentives to eligible tax payers willing to invest in revitalization of eligible sites, commonly referred to as Brownfields. By facilitating redevelopment of Brownfield properties, this Plan is intended to promote economic growth for the benefit of the residents of the County. The Property is currently zoned B-3 General Business District, is commercially developed, and located in an area of the City of Clawson in Oakland County characterized by commercial and residential Properties. The identification or designation of a developer or proposed use for the eligible property that is subject to this Plan shall not be integral to the effectiveness or validity of this Plan. This Plan is intended to apply to the eligible property identified in this Plan and, to identify and authorize the eligible activities to be funded. Any change in the proposed developer or proposed use of the eligible property shall not necessitate an amendment to this Plan, affect the application of this Plan to the eligible property, or impair the rights available to the Authority under this Plan. This plan is intended to be a living document which may be modified or amended as necessary to achieve the purposes of Act 502, formerly Act 381. The applicable sections of Public Act 502 are noted throughout the plan for reference purposes. This Brownfield Plan contains information required by Section 13(1) of Act 502. This Brownfield Plan is of a single phase associated with the redevelopment of the property. GENERAL DEFINITIONS AS USED IN THIS PLAN Terms used in this Brownfield Plan are defined as proVided in the following statutes, as appropriate: The Brownfield Redevelopment Financing Act, 1996 Mich. Pub. Acts. 502 which amended Pub. Act 381 M.C.L. § 125.2651 et seq., as amended. PM Environmental, Inc, Page 2 Ysn for r:hE C-3Mrnercial Property Located at 589 East 14 Mile Road, Clawson, Michigan PM Project No. 02-5154-3; February 25, 2073 III. BROWNFIELD PROJECT SUBJECT PROPERTY The subject property consists of one (1) legal parcel with a street address of 689 East 14 Mile Road, Clawson, Michigan. The tax ID number of the subject property is 20-34-453-003. The parcel number and legal description is also included in Appendix A. The parcel and all tangible personal property located thereon will comprise the eligible property and is referred to herein as the "Property". The subject parcel included in this Plan can be considered "eligible property" as defined by Section 2 of Act 502 because the Property is determined to be a "facility" as further described below. 689 East 14 Mile Road (20-34-453-003) The subject property consists of one (1) parcel containing approximately 0.285 acres and is located at the northwest corner of East 14 Mile Road and Rochester Road in Clawson, Michigan. The subject property is developed with a 1,933 square foot building constructed in 1952. The subject building is divided into a retail area, an office, a service area, storage areas, and a restroom. Gravel parking areas are located throughout the subject property, with groomed grass and landscaping located in the right of ways. Standard and other historical sources were able to document the first developed use of the subject property occurred in 1952 with the construction of the current building. Prior to 1952 the property was vacant land. The property was occupied by a gasoline service station from 1952 until between 2007 and 2008, and has been vacant since between 2007 and 2008.The subject building is currently vacant. Identification of the Property as a "Facility" The analytical results for the soil and groundwater samples collected during site investigation activities conducted by PM Environmental, Inc. were compared with the MDEQ Groundwater Contact Criteria (GCC) and Screening Levels to MDEQ Operational Memorandum Number 1 "Part 201 Cleanup Criteria and Part 213 Risk-Based Screening Levels," March 25. 2011 and in •accordance with Section 20120a(1), using the Residential and Nonresidential cleanup criteria. Contaminant concentrations identified on the subject property in soil indicate exceedences to the Part 201 DC, DWP, GSIP, and SVII GCC. Additionally, the subject property is an open LUST site. Therefore, the subject property is a "facility" in accordance with Part 201 of P.A. 451, as amended, and the rules promulgated thereunder. PROJECT DESCRIPTION Royal 7 Properties, LLC has selected the subject property for redevelopment because of its placement at the intersection of two well-traveled roadways that are conducive for the operation of a profitable retail convenience store. In addition, the medium density of the area and existence of commercial businesses and residential housing represents a significant local customer base for the convenience store operation. Royal 7 Properties, LLC intends to use brownfield redevelopment tax increment financing to reimburse the cost of eligible activities needed to prepare the property for safe redevelopment and reuse. This project will include PM Envirorimental, Page 3 Drownfieiri Plan for the Commercial Property Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No. 02-5154-3; February 25, 2013 environmental assessments, demolition of the current building, due care activities, and redevelopment to a convenience store. It is anticipated that seven to ten new full time jobs will be created at this location. BROWNFIELD PLAN ELEMENTS A. Description of Costs to Be Paid for With Tax Increment Revenues and Summary of Eligible Activities Tax Increment Financing revenues will be used to reimburse the costs of "eligible activities" (as defined by Section 2 of Act 502) as permitted under the Brownfield Redevelopment Financing Act that include: site assessments, demolition, site preparation, infrastructure improvements, and preparation of a Brownfield Plan as described in this Plan. A complete listing of these activities is included in Table 1 of Appendix D. The following eligible activities and budgeted costs are intended as part of the development of the property and are to be financed solely by the developer. The Authority is not responsible for any cost of eligible activities and will incur no debt. 1. Site assessments; Phase II, BEA and Due Care Plan at a cost of $11,150. 2. Due Care Activities include the removal of 350 cubic yards of soil, the installation of a vapor barrier, and soil borings and soil and groundwater sampling for documentation and compliance of the soil and groundwater prior to construction management activities at an estimated cost of $62,290 3. Additional Response Activities, including demolition of existing building and pre-demolition asbestos survey at an approximate cost of $11,330. 4. Preparation of Brownfield Plan, Work Plan (if necessary) and associated activities (e.g. meetings with OCBRA, etc.) at a cost of approximately $7,600. 5. A 15% contingency of $13.856 is established to address unanticipated environmental and/or other conditions that may be discovered through the implementation of site activities. All activities are intended to be "Eligible Activities" under the Brownfield Redevelopment Financing Act. The total estimated cost of Eligible Activities subject to repayment or reimbursement from tax increment revenues is approximately $92,370, with a potential $13,856 contingency, resulting in an approximate total cost of $106,226. In addition to the Eligible Activities and interest described above, this Plan includes administrative fees for the OCBRA at $1,500/year and capture of 5,000.a year for five (5) years for the Local Revolving Loan Fund. B. Estimate of Captured Taxable Value and Tax Increment Revenues Incremental taxes on real property included in the redevelopment project will be captured under this Brownfield Plan to reimburse eligible activity expenses. The taxable value of the real property was $70,170 for the current tax year; no personal property is associated with the site. PM Environmental, inc. Page 4 Brownfield Plan for the Commercial Property Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No. 02.5154-3; February 25, 201'3 The estimated market value of the completed development is $750,000 at completion of the development. This assumes a one-year phase-in for completion of the redevelopment, which has been incorporated into the tax impact and cash flow assumptions for this plan. An annual increase in taxable value of 1% has been used for calculation of future tax increments in this plan. The OCBRA will continue capturing tax increment revenues for 5 years following payback, to build the Local Revolving Loan Fund. The estimated captured taxable value and tax increment revenues for the eligible property for each year of the plan are presented in Table 2 in Appendix D. C. Method of Financing and Description of Advances by the Municipality Redevelopment activities at the property will be initially funded by Royal 7 Properties, LLC, the future property owner. Costs for eligible activities funded by Royal 7 Properties, LLC will be repaid under the Michigan brownfield redevelopment financing program (Michigan Act 502 of 2012, which amended Act 381 of 1996) with incremental taxes generated by future development of the property. No advances will be made by the OCBRA or the City of Clawson for this project. D. Maximum Amount of Note or Bonded Indebtedness No note or bonded indebtedness will be incurred by any local unit of government for this project. E. Duration of Brownfield Plan The duration of this Plan should be not less than the period required to reimburse all eligible activities plus and additional five years intended to be captured by the OCBRA for their Local Revolving Loan Fund. In no event, however, shall this Plan extend beyond the maximum term allowed by Section 13(1) (f) of Act 502 for the duration of this Plan, currently limited to 30 years. F. Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions See "Table 2" in Appendix D. G. Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property The legal description of the property included in this plan is attached in Appendix A. Copies of relevant portions of the Phase I ESA, Phase II, and BEA, which document the status of the subject property as a "facility", are included in Appendix B. Appendix C includes a map of the Project location and site drawings. H. Estimates of Residents and Displacement of Families No displacement of residents or families is expected as part of this project. PM Environmental, The, Page 5 Brownfield Plan for the Cornm.e.rcial Property Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No. 62-5154-3; February 25, W13 Plan for Relocation of Displaced Persons No displacement of residents or families is expected as part of this project. J. Provisions for Relocation Costs No relocation as a result of implementation of this plan is expected as part of this project. K. Strategy for Compliance with Michigan's Relocation Assistance Law No relocation is expected as part of this project. L. Description of Proposed Use of Local Revolving Loan Fund Use of a Local Revolving Loan Fund is not part of the scope of this project. M. Other Material that the Authority or Governing Body Considers Pertinent None PM Environmental. Inc. Page 6 Appendix A Current T F Note: Please be advised the data included in Property Gateway uriginetas from multiple local municipalities. Data, in regard to properties, may be classified and updated differently by municipalities. If you have any questions, please contact the local community where the data originated. Owner(s) Site Address PIN Bank School District Municipality : ROCHESTER GAS STATION ' 689 E 14 MILE RD CLAWSON Mi 48017-2176 : 20-34-453-003 : 080 CLAWSON CITY SCHOOLS : CITY OF CLAWSON T2N, R11E, SEC 34 BOWERS SUBDIVISION OF PART OF LOTS 51, 52, 53 & 54 OF EYSTER & HOWARTH PLA1 OF CLAWSON LOTS 12, 13 & 14 Interest and Penalty Start Date Year 2012 Winter Penalty Start Date: 0211412013 Year/ Season Taxes Billed - Paid bun Last Payment Date Due Taxes Int. and Penalty Total Tax Int. and Penalty Total 12/Winter $95.37 $0.00 $0.00 $0 $95.37 $0.00 $95.37 12/Summer $4,807.09 $0.00 $0.00 $0 $4.807.09 $142.79 $4,949.88 11/Winter $115.75 $115.75 $0.00 $115.75 12/07/11 $0.00 N/A N/A 11/Summer $6,818.78 $0.00 $0.00 $0 $6,818.78 N/A N/A 10/Winter $147.97 $0.00 $0.00 $0 $147.97 N/A N/A 10/Summer $8,181.74 $2,045.44 $0.00 $2,045.44 08131/10 56,136.30 N/A N/A Note: To view prior years and current year delinquent property taxes, use the Delinquent Tax Statement program available through Property Gateway. Year/ Season Spacial Assessment and 4' rty Value Special Assessment State Equalized Value Taxable Value Homestead Value Non- Homestead Value Billed Paid 12/Winter $0.00 $0.00 70,170 70,170 0 70,170 12/Summer $0.00 $0.00 70,170 70,170 0 70,170 11/Winter $0.00 $0.00 100.000 100,000 0 100,000 11/Summer $321.19 $0.00 100,000 100,000 0 100,000 10/Winter $0.00 $0.00 152,360 127.850 0 127,850 10/Summer $276.65 $69.14 152,360 127,850 0 127,850 Note: Those special assessments displayed are included in the total tax amount. However, the total tan amount may not include all special assessments for this parcel. RD CLAWS .-r 7-2176 (.7rnmercia[: and industr:a: Note: Please be advised the ciata include ci in Property Gateway cric,:,:rz'zes, from multiple local muMcipalities, Data, in regad to properties, may be classified and updated differently by munci lities. If you have any quest,ons, please contact the local community where the data originated. Owner(s) Mailing Address Site Adores.= PIN Municipality School Distric: Use Water Indicator Well Indicator : ROCHESTER GAS STATION : 4215 MIDDLEBELT RD WEST BLOOMFIELD Ml 48323-3220 : 689 E 14 MILE RD CLAWSON MI 48017-2176 : 20-34-453-003 : City of Clawson : 080 CLAWSON CITY SCHOOLS : 201 BUS IMP (Commercial Business Imp.) : N Sewer Indicator : N Septic Indicator Neighborhood Code : CAS T2N, R11E, SEC 34 BOWERS SUBDIVISION OF PART OF LOTS 51, 52. 53 & 54 OF EYSTER & HOWARTH PLAT OF CLAWSON LOTS 12, 13 & 14 Taxable Value Current Assessed Value Effective Date For Taxes : $70.170 . $70.170 : 12/0112012 wate Equalized V2lue Capped Value Principal Residence Exemption 2012 Taxes • $70,170 : SIC:2,700 : 0% $4.8U7.(39 Description : LEVEL Acres : 0.285 '01;13!:•f .:.IrlitnZY'• Commercial and industrial Property Prpflis,;,, Note: Please be advised the data included in Property Gateway originates from multiple local municipalities. Data, in regard to properties, may be classified and updated differently by municipalities. If you have any questions, please contact the local community where the data originated. BuildinglSection Buildi ng :1 Used As : Garage, Service Station, w/Bays Year Built Class No of Stories Avg Square Feet .--;Sprinklers Total Building Square Footage : 1952 C :1 : 1,933 : N : 1,933 Effective Year Quality Height Per Story (feet) Elevators Identical Units : 1967 : Low Cost 2 No lump sum improvements Data Available for BuilclingISectionl Appendix B te 87-- • • 61(..-28:•.-8857 402,• W. 11 miie ;Rd Berkley, MI 48072 877-884-6776 t 2,18-33-998e 3340 Lansing, kill 4.Cf., 81 4c • •-,12r2' ISO 9001 REGISTERED July 17, 2012 District Clerk Michigan Department of Environmental Quality Southeast Michigan District Office 27700 Donald Court VVarren, Michigan 48092 RE: Baseline Environment& Assessment for the Former Gasoline Dispensing Station Located at 689 East 14 Mile Road, Clawson, Michigan Parcel ID: 20-34-453-003 PM Environmental, Inc. Project No. 02-5154-1 Dear District Clerk: Enclosed is a copy of the Baseline Environmental Assessment (BEA) prepared for the above referenced subject property prepared in accordance with Section 20126(1)(c) of Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act (NREPA), P.A. 451 of 1994 (Part 201), as amended. If you have any questions regarding the information in this report, please contact us at 248.336.9988. Sincerely, PM ENVIRONMENTAL, INC. Jamie Anton iewicz Michael T. Kulka, P.E. Project Engineer Principal Enclosure ISO 9001 REGISTERED July 17, 2012 Riri Berkley, MI 48072 L. 877-884-6775 248-33N-9988 77 I \NV Suite 602 Grand Rapids. MI 49503 I 6-- 616-2Os,5-8E57 Lansing. I ii9CS 5 1 7-,S; Mr. Jim Maiuri Royal Clawson, LLC 47759 Walden Road Macomb Township, Michigan 48044 RE: Baseline Environmental Assessment for the Former Gasoline Dispensing Station Located at 689 East 14 Mile Road, Clawson, Michigan Parcel ID: 20-34-453-003 PM Environmental, inc. Project No. 02-5154-1 Mr. Maiuri: Enclosed is a copy of the above-referenced document prepared in accordance with the in accordance with Section 20126(1)(c) of Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act (NREPA), P.A. 451 of 1994 (Part 201), as amended. If you have any questions regarding the information in this report, please contact our office at 248.336.9988. Sincerely, PM ENVIRONMENTAL, INC. Jamie Anton iewicz Michael T. Kulka, P.E. Project Engineer Principal Enclosure PA, I ALABAMA ILLINOIS : Baseline. Erivirorurrerlet eemen'e. of thc .,'7ortneer oo .:3ta Located at 61:19 Ease 14 Mlle Road, Ciawson, Michigan PM Project No. 02-51544; July 17, 2012 TABLE OF CONTENTS 1.0 INTRODUCTION AND DISCUSSION 1 1.1 Owner/Operator Information 1 1.2 Intended Use of the Subject Property 1.3 Summary of All Appropriate Inquiry Phase I Environmental Assessment 1 1.3.1 Phase I ESA Exceptions or Deletions 2 1.3.2 Phase I ESA Data Gaps 2 1.4 Summary of Previous Site Investigations 3 1.5 Current Site Investigation 4 1.5.1 Geophysical Survey 4 1.5.2 Subsurface Investigation 4 1.5.2.1 Subsurface Investigations Techniques and QA/QC Procedures 1.6 Geology and Hydrogeology 6 2.0 LOCATION OF CONTAMINATED MEDIA ON THE SUBJECT PROPERTY 6 2.1 Soil Analytical Results 7 2.2 Previous Site investigations 7 2.3 Subject Property Facility Status 8 3.0 PROPERTY INFORMATION 8 3.1 Legal Description of Subject Property 8 3.2 Survey Map of Subject Property 8 3.3 Subject Location and Analytical Summary Maps 8 3.4 Subject Property Location Map 8 3.5 Subject Property Address 8 3.6 Subject Spatial Data 8 4.0 FACILITY STATUS OF SUBJECT PROPERTY 9 4.1 Summary Data Tables 9 4.2 Laboratory Reports and Chain of Custody Documentation 9 5.0 IDENTIFICATION OF BEA AUTHOR 9 6.0 AAI REPORT OR ASTM PHASE I ESA 10 7.0 REFERENCES 10 Pall Environmental, inc. Page ZiaseicThe Env Iron menfal z.,,-..-7 -esz; ;1": Z'oIt1-1,2. F-orrner Gascifine Disp- . 0 17 Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No, 02-5154-1; Juiy 17, 2072 Site Vicinity Map Generalized Diagram of the Subject Property and Adjoining Properties Soil Boring Locations with Soil Analytical Results Progressive Environmental 1999 Site Diagram" Progressive Environmental 1999 "Soil Borings" Summary of Soil Analytical Results: V0Cs, PNAs, PCBs and Metals Previous Site Investigation Tables FIGURES Figure 1: Figure 2: Figure 3: Figure 4: Figure 5: TABLES Table 1: Table 2: APPENDICES Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Phase I ESA Report GPR Report Boring Logs Laboratory Analytical Report Assessing information Professional Qualification Statements PM Environmental, inc. Page II iLlaSei0e of th ir1r GeSah1/2C-',' , L.00:::.e.c. at 689 East 14 Mile Road, Clawson, Michiqn PM Project No, 02-5154-1; july IT 21' 2 1.0 INTRODUCTION AND DISCUSSION PM has completed a Baseline Environmental Assessment (BEA) for the former gasoline dispensing station (Parcel ID: 20-34-453-003) located at 689 East 14 Mile Road, Clawson, Oakland County, Michigan (Figure 1). The subject property consists of one parcel containing approximately 0.285 acres, occupied by a 1,933 square foot building (Figure 2). Standard and other historical sources were able to document the first developed use of the subject property occurred in 1952 with the construction of the current building. Prior to 1952 the property was vacant land. The property was occupied by a gasoline service station from 1952 until between 2007 and 2008, and has been vacant since between 2007 and 2008. 1.1 Owner/Operator Information Royal Clawson, LLC, 47759 Walden Road, Macomb Township, Michigan 48044, intends to purchase the property on September 14, 2012. 1.2 Intended Use of the Subject Property Royal Clawson, LLC intends to redevelop the property with a convenience store. 1.3 Summary of All Appropriate Inquiry Phase I Environmental Assessment PM performed a Phase I Environmental Site Assessment (ESA) for the subject property, dated March 14, 2012, in conformance with the scope and limitations of ASTM Practice E 1527-05 (i.e., the ASTM Standard'). A copy of the March 2012 Phase I ESA, including photographs of the subject property, is included in Appendix A. The following recognized environmental condition (REC) was identified in PM's June 2012 Phase I ESA: • The subject property operated as a gasoline service station from 1952 until between 2007 and 2008 and is an open LUST site. Previous site assessment activities completed in 1998 and 1999 document impact remains above applicable MDEQ Part 213 Soil Volatilization to Indoor Air Inhalation (SVII) and Direct Contact (DC) Risk Based Screening Levels (RBSLs) in soil. MDEQ completed an activity report in 2011 summarizing the currently known nbnrlitibn, Based on these analytical rg‘QuIts, the subject property would be classified as a "facility," as defined by Part 201 of P.A. 451 of the Michigan Natural Resources Environmental Protection Act (NREPA). The purchaser is eligible to complete a BEA for the property. • Historical interior waste streams associated with the former service operations, floor drains, and ASTs from 1952 until between 2007 and 2008 would have consisted of general hazardous substances and/or petroleum products. This time period preceded major environmental regulations and current waste management and disposal procedures. The historical waste management practices associated with the former service operations are unknown and may be a source of subsurface contamination. • PM observed two (2) vent pipes along the northern and western walls of the subject building, which did not appear to be associated with the previously identified gasoline, PM Environmental, inc. Page 1 Er. ..:.:.'Aosessirtersf of the Fortrze.r . . Loa red at 639 East 54 itellie Road, . 1#50°S,ri„ PM Project No. C2-5154-1; 57, LI' 2 diesel, or waste oil USTs. The potential exists the subject property utilized fuel oil as a heat source stored in a UST or AST. The potential exists for orphan UST(s) and/or for a spill or release to have occurred. The subject property operated as a gasoline service station from 1952 until between 2007 and 2008. PM was unable to determine the size, location, or number of USTs utilized on-site prior to 1976. Additionally, PM observed vent pipes located on the north and west facing walls of the subject building, which do not appear to be associated with the known USTs. The potential exists for orphan USTs to be present on the, property and/or for a release to have occurred from the former systems. • PM observed three (3) areas of newer concrete located in the service area. The former service garage most likely contained three (3) in-around hydraulic hoists. In-ground hoists have an underground reservoir for hydraulic fluids, which can contain PCBs. The potential exists that a release occurred from the former hydraulic hoist system and/or underground reservoir. • Previous site assessment activities identified the PCB Aroclor 1260 was detected at 1,200 pg/Kg in one (1) soil sample west of the subject building, which is above the Toxic Substance Control Act (TSCA) Cleanup Standards of 1,000 pg/Kg for an uncapped residential. A BEA will not protect the purchaser from cleanup to TSCA standards. The source and/or extent of PCB contamination is unknown. The potential exists for additional contamination to be present in this area. Additional investigation was unable to replicate the previous results and no PCBs were identified above laboratory method detection limits. • Review of the EDR report documents two (2) Pollution Emergency Alerting System (PEAS) incidents on March 16, 2003 and November 11,2008. The March 2003 incident indicates a pump was on the ground and approximately 44-gallons of gasoline was spilled, which reportedly leaked into the sewer system. The January 2008 incident indicates the USTs were not seaied properly and pipes above ground not covered properly. The potential exists for contamination to be present. No adjoining and/or nearby RECs have been identified. 1.2 .1 Phase l ESA Exceptions or Deletions During the completion of the March 2012 Phase I ESA, there were no exceptions or deletions from the Federal All Appropriate Inquiry Rule under 40 CFR 312, or the ASTM Standard. To the best of PM's knowledge, no special terms or conditions applied to the preparation of the Phase I ESA. 1.3.2 Phase I ESA Data Gaps PM did not identify any significant data gaps during the completion of the May 2012 Phase I ESA. PM Environmental, Inc, Page 2 s'eltne. Env"- • 3t' the .."-'-drmee 669 Ea-at 14 Mile Road, C.:kw/son,. ,.„- PM Project No, G2-5154-1; Jiv 17, 2f 2 1.4 Summary of Previous Site investigations The subject property is an open LUST site with two (2) releases reported (confirmed release number 0-0279-97 and 0-1289-98). The first release was reported in May 1997 following a failed tank tightness test, and the second release was reported in December 1998 following the removal of two (2) waste oil USTs located west of the subject building. Progressive submitted a LUST Closure Report to the MDEQ in May 1999. An MDEQ activity report from 2011 included the USTs had been removed in 2009; however, no additional assessment activities were completed. Review of the investigation and MDEQ correspondence concluded the following: 1. Impact remains above applicable MDEQ Part 213 Soil Volatilization to Indoor Air Inhalation (SVII) and Direct Contact (DC) Risk Based Screening Levels (RBSLs) in soil. Based on these analytical results, the subject property would be classified as a "facility," as defined by Part 201 of P.A. 451 of the Michigan Natural Resources Environmental Protection Act (NREPA). 2. The extent of contamination has not been properly defined on the site, or off-site, or in impacted utilities. 3. Additional remediation is required to obtain closure and the site remains an open LUST site. At the time, the subject property contained one (1) 10,000-gallon gasoline UST and four (4) 6,000-gallon gasoline USTs. Progressive indicated Superior Environmental Corporation had advanced eight (8) soil borings in May 1998 to asses the horizontal and vertical extent of contamination. Soil samples were collected and analyzed for benzene, toluene, ethylbenzene, and xylenes (BTEX), methyl tert-butyl ether (MTBE), and lead. No groundwater was encountered, and no free product was encountered. Analytical results identified BTEX above the current MDEQ Part 213 Groundwater Surface Water Interface Protection (GSIP), Drinking Water (DVV), Soil Volatilization to indoor Air Inhalation (SVII), and/or Direct Contact (DC) Risk Based Screening Levels (RBSLs). Additionally, xyienes were above Soil Saturation Concentration Screening Levels (Csat). In November 1998, Progressive advanced an additional eight (8) soil borings at the end of each UST and soil samples were analyzed for BTEX, IVITBE, 1,2,4-trimethylbenzene (1,2,4-TMB), 1,3,5-1MB, 1,2-dibromoethane, 1,2-dichloroethane, naphthalene, 2-methylnaphthalene, and lead. Analytical results identified BTEX, MTBE, 1,2,4-1MB, 1,3,5-TMB, naphthalene, and 2- methylnaphthalene above the current MDEQ Part 213 GSIP, DW, SVII, and/or DC RBSLs. Additionally, xylenes and 1,2,4-1MB were above Csat. Geology generally consisted of dry to moist brown clay to 16.0 feet bgs. No groundwater was encountered. In addition to the LUST site investigation activities, Progressive removed one (1) 250-gallon waste oil UST and one (1) 250-gallon orphan UST located west of the subject building. Approximately 5.0 cubic yards of contaminated soil was removed from the basin. Four (4) soil samples were collected from the floor of the UST basin. Two (2) soil samples from under the former waste oil UST were analyzed for polynuclear aromatic hydrocarbons (PNAs), and two (2) soil samples from under the orphan UST were analyzed for BTEX., MTBE, 1,2,4-TMB, 1,3.5- P1 Environmental, inc. Page 3 `7'.fnfr G•ascdi; ocate;,,: at 689 ::: act1..; Mile Road, C.;i:..-teison, PM Project No. 02-51544; July 17, TMB, 1,2-dibromoethane, 1,2-dichloroethane, naphthalene, 2-methylnaphthalene, polychlorinated biphenyls (PCBs), cadmium, chromium, and lead. Analytical results were below MDEQ Part 213 RBSLs and/or State Default Background Levels (SDBLs). However, the PCB Aroclor 1260 was detected at 1,200 pg/Kg in one (1) soil sample, which is above the Toxic Substance Control Act (TSCA) Cleanup Standards. The IV1DEQ completed an Activity Report in September 2011, which documented that deficiencies were identified in the May 1999 LUST Closure Report, including the extent of contamination was not properly defined on the site, or off-site, or in impacted utilities. Additionally, the report indicates the six (6) gasoline USTs were removed in 2009, and the MDEQ requested the UST registration be updated by the owner, however, the MDEQ did not receive the updated UST registration reflecting the removal of the USTs. The MDEQ interviewed the former consultant for the subject property, who verified the USTs were removed in 2009, and sidewall samples were collected from the UST basins, however, these were not provided to the MDEQ based on lack of payment. However, the consultant indicated contamination existed in the southern and southeastern portions of the property. Additionally, the consultant confirmed no assessment activities have been completed in or around the subject building or in the area of the former piping or dispensers. Based upon review of the previous subsurface investigations, soil contamination is present which exceeds the current Part 201 Residential and Nonresidential GCC. Based on these analytical results and open LUST status, the subject property is a "facility," as defined by Part 201 of P.A. 451 of the Michigan Natural Resources Environmental Protection Act (NREPA), as amended. 1.5 Current Site Investigation On June 20, 2012 PM completed a SOW consisting of the completion of a geophysical survey, advancement of nine soil borings (SB-1 through SB-9), and the collection of soil samples to be analyzed for VOCs, PNAs, PCBs, cadmium, chromium, and lead. 1.5.1 Geophysical Survey On June 20, 2012, PM completed a ground penetrating radar (GPR) survey to determine if orphan USTs remained on the subject property. No anomalies consistent with orphan USTs were identified. Refer to Appendix B for the complete GPR report. 1.5.2 Subsurface Investigation The soil borings in the June 2012 investigation were advanced to assess the RECs associated with unassessed areas identified in the Phase I ESA completed by PM in May 2012, but did not address previously impacted areas. Specifically, the Phase II ESA activities were conducted in the following areas of the subject property: PM Environmental, inc. Page 4 r..;,•nt of thc Ft..• Loca,ed at 689 Et.:•:t PM Project No. 02-5f 54-f ; juiy 17, 2V2 Description of Soil Boring Well ocations Location (Total Depth in feet bgs) Soil Sample Depth (feet bgs) 6.0-7.0, 9.0-10.0, and 14.0-15.0 Analysis VOCs, PNAs, PCBs, Metals Objectives Replicate previous PCB results Sample Selection (justification) Soil: A sample was collected to replicate and previous results and oeeper sampies for delineation. GW: Not encountered SB-1 (15.0) SB-2 (15.0) 6.0-7.0 and 9.0-10.0 VOCs, PNAs, PCBs, Metals Delineate previous PCB results Soil: A sample was collected to delineate potential impact from the interval with the highest PID reading (61.8 ppm) and a deeper sample for delineation. GW: Not encounterec SB-3 (15.0) c c P VOCs, PNAs, PCBs, Metals Delineate previous PCB results Soil: Based on the lack of visual or PID evidence of impact, a sample was collected from the sand/clay interface. GW: Not encountered SB-4 (15.0) 6.0-7.0 VOCs, PNAs, PCBs, Metals Delineate previous PCB results Soil: Based on the lack of visual or PID evidence of impact, a sample was collected from the sand/clay interface. GW: Not encountered SB-5 (15.0) 6.0-7.0 VOCs, PNAs, PCBs, Metals Delineate previous PCB results Soil: Based on the lack of visual or PID evidence of impact, a sample was collected from the sand/clay interface. GW: Not encountered SB-6 (18.0) 2.0-3.0 VOCs, PNAs, PCBs, Metals Assess ASTs located to the northwest of the building Soil: Based on the lack of visual or PID evidence of impact, a shallow sample from the sand/silt interface was collected. GW: Not encountered SB-7 (13.0) 3.0-4.0 and 8.0-9.0 VOCs, Pr\lAs, PCBs, Metals Assess former interior operations and in-ground hoists Soil: Based on the lack of visual or PID evidence of impact, a shallow sample from the sand/silt interface and a sample from the depth of the hoist were collected. GW: Not encountered SB-8 (13.0) 2.0-3.0 and 8.0-9.0 VOCs, PNAs, PCBs, Metals Assess former I interior operations and in-ground hoists Soil: Based on the lack, of visual or PID evidence of impact, a shallow sample from the sand/silt interface and a sample from the depth of the hoist were collected. GW: Not encountered SB-9 (15.0) 6.5-7.5 VOCs, PNAs, PCBs, Metals Step out boring from SB-2. Soil: Based on the lack of visual or PID evidence of impact, a sample was collected from the sand/clay interface and a deeper sample for delineation. GW: Not encountered PID — Photoionization Detector GW — Groundwater NA — Not Applicable PM Environmental„ Page 5 Easetine Enr6'ronmentai Ars;:t.,:tsapt.-.ht Itf the . SL:atto fl Located at 680 Ea sE 14 Mile Road, Clawson; Michigan PM Proje.31, No. 02-5154-1; July 17, 207"2 1.5.2.1 Subsurface Investigations Techniques and QA/QC Procedures During drilling operations, the drilling equipment was cleaned to minimize the possibility of cross contamination, These procedures included cleaning equipment with a phosphate free solution (i.e., Alconox®) and rinsing with distilled water after each sample collection. Drilling and sampling equipment was also cleaned in this manner prior to initiating field activities. Soil samples for VOC analysis were preserved with methanol in accordance with EPA method 5035 modified and then placed in appropriately labeled containers with Teflon ® lined lids and/or sanitized glass jars, placed in an ice packed cooler and transported under chain of custody procedures for laboratory analysis within applicable holding times. The soil borings were advanced to the desired depth using either a hand auger equipped with a stainless steel bucket or a Geoprobe® drill rig. Soil sampling was performed for soil classification, verification of subsurface geologic conditions, and for investigating the potential and/or extent of soil and groundwater contamination at the subject property. Soil samples were generally collected on a continuous basis using a stainless steel bucket in the case of the hand auger or a 5-foot long macro-core sampler in the case of the Geoprobe drill rig. Soil collected from one-foot sample intervals was screened using a PID to determine if VOCs were present. Soil from specific depths was placed in plastic bags and allowed to volatilize. The headspace within each bag was then monitored with the RID. The RID is able to detect trace levels of organic compounds in the air space within the plastic bag. The RID utilizes a 10.2 electron volts (eV) lamp. Therefore, the RID can only detect organic vapors with an ionization potential less than or equal to 10.2 eV. Soil samples collected were submitted to Brighton Analytical, Brighton, Michigan for chemical anaiysis. Table 1 and Figure 3 summarize the soil analytical results. Refer to Appendix D for a copy of the laboratory analytical report. Upon completion of the investigation, the soil borings were abandoned by placing the soil cuttings back into the borehole, filling the void with bentonite chips, hydrating the chips, resurfacing and returning the area to its pre-drilling condition. 1.6 Geology and Hydrogeology Based on observations of the soil samples and cuttings during PM's investigation, the general soil stratigraphy consists of fine sand with trace silt and gravel to a depth of approximately 7.0 feet below ground surface (bgs), underlain by stiff clay to a depth of 18.0 feet bgs, the maximum depth explored. No groundwater was encountered during PM's field activities. 2.0 LOCATION OF CONTAMINATED MEDIA ON THE SUBJECT PROPERTY The analytical results for soil samples collected by PM and in previous site investigations were compared with the MDEQ GCC and Screening Levels as presented in Attachment 1 to MDEQ Operational Memorandum Number 1 "Part 201 Cleanup Criteria and Part 213 Risk-Based Screening Levels," March 25, 2011 in accordance with Section 20120a(1) using the Residential and Nonresidential cleanup criteria. The analytical results are summarized in Tables 1 and 2 PM Environmental, inc. Page 6 n e Erttfiror::;..1 • rJrttrer LOC:6: ied at 68:. E:::st 14 Mile Road, aiLwsc:ri, PM Project No, (including CAS #) and in Floures 3 through 5. Refer to the section below for a summary of the , analytical results. 2.1 Soil Analytical Results Analytical results from soil samples collect by PM did not identified any compounds above the most restrictive Part 201 GCC with the exception of a concentration of cadmium identified in SB-1 (9-10') which exceeds the Drinking Water Protection (DWP) GCC. No concentration of VOCs were identified above the laboratory method detection limits (MDLS) with the exception of a concentration or 1,2,4-trimethylbenzene identified in SB-5 (6-7'), which was below the most restrictive Part 201 GCC. No concentration of PNAs were identified above the laboratory MDLS with the exception of a concentration of fluoranthene identified in SB-1 (6-7'), which was below the most restrictive Part 201 GCC. The previousiy identified concentration of PCBs was not able to be reproduced and no concentrations of PCBs were identified above the laboratory MDLs. Refer to the Appendix C for the laboratory report from the 2012 site investigation and refer to Table 1 and Figure 3 for additional information regarding the analytical results and soil boring locations. 2.2 Previous Site Investigations The table below summarizes the exceedances to Part 201 GCC identified in previous site investigations. Refer to Table 2 and Figure 4 and 5 for additional information regarding the sampling locations and analytical results. Location Date Compounds Part 201 GCC Exceendance SB-1 (9-10')* 5/27/1998 ! Benzene DWP SB-3 (3')" 5/27/1998 BTEX DWP, GSIP, DC (R/NR), SVIII (R/NR) SB-4 (3')* 5127/1998 l BTEX DWP, GSIP. DC (R/NR), SVIII (R/NR' SB-5 (3')* 5/27/1998 Toluene, Ethylbenzene, Xylenes DWP, GSIP, DC (R/NR), SVIII (R/NR) SR-6 (7-8'y 5/77/105:18 Pthwihen7enP and xylr.n.c rmtp, r-SiP, D (R/NR ), SVIII (R/NR) SB-8 (7' )* 5/27/1998 Benzene, ethylbenzene, xyienes, MTBE DWP SB-3-2 (8') 11/4/1998 MTBE DWP SB-4-2 (8') 11/4/1998 Various VOCs DWP, GSIP. SVII (R) - benzene SB 5-2 (8') 11/4/1998 Various VOCs DWP, GSIP, SVII (R/NR) - benzene DWP SB 5-3 (12') 11/4/1998 Benzene, MTBE SB 6-2 (8') 11/12/1998 Various VOCs DWP, GSIP, DC (R/NR), SVIII (R/NR) SB 7-3A (10') 11/12/1998 Various VOCs DWP, GSIP, DC (R/NR), SVIII (R/NR) DVVP — Drinkino Water Protection P - Rpsiripntial GSIP - Groundwater Surface Water Interface Protection - DC — Direct Contact 3thylbenzene, xylenes SVII — Soil Volatilization to Indoor Air Inhalation " Locations unknown but was generally described to be in the area of the former UST basin .P11/7 Environmental. Inc. Page 7 es ri6; cm Ass es m en t ti'pe Former Gcz..sciinc,, .1' Located at 689 East 14 Mile Road, Clawson, Michigan PM Project No. 02-5154-1; July 17, 2012 2.3 Subject Property Facility Status A location where a hazardous substance is present in excess of the concentrations, which satisfy the requirements of subsection 20120a(1)(a) or (17), is a facility pursuant to Part 201. Section 20120a(1)(a) requirements are the Cleanup Criteria for unrestricted residential usage. Contaminant concentrations identified on the subject property in soil indicate exceedences to the Part 201 DC, DWP, GSIP, and SVII GCC. Additionally, the subject property is an open LUST site. Therefore, the subject property is a "facility" in accordance with Part 201 of P.A. 451, as amended, and the rules promulgated thereunder. 3.0 PROPERTY INFORMATION 3.1 Legal Description of Subject Property Refer to Appendix D for assessing information which includes a legal description. 3.2 Survey Map of Subject Property A map of the subject property which depicts the property/parcel boundaries is included as Figure 2. 3.3 Subject Location and Analytical Summary Maps Figure 3 provides a scaled map of the site features and soil boring locations with analytical results from PM's current investigation. Refer to Figures 4 and 5 for information regarding the sampling locations from the previous site investigation. 3.4 Subject Property Location Map Figure 1 provides a scaled area map depicting the subject property location in relation to the surrounding area. 3.5 Subject Property Address As indicated in Section 1.0, the subject property (Parcel ID: 20-34-453-003) is located at 689 East 14 Mile Road, Clawson, Oakland County, Michigan (Figure 1). 3.6 Subject Spatial Data As depicted in Figure 1, the subject property is located in Township two North (T. 2N), Range 11 East (R. 11E), Section 34, southeast quarter, southwest quarter-quarter, Clawson, Oakland County, Michigan. According to the MDEQ Groundwater Mapping Project Website, the center of the subject property is located at latitude 42.5339 and a longitude of -83.1362. PM Environmental, Page 8 •irc.v-irnerttal srn eFcTrree:- Located atT.T East 14 Mile Road, Clawson, PM Project No. C2-5154-1; 4.0 FACILITY STATUS OF SUBJECT PROPERTY As indicated in Section 1.7, based upon documented exceedances of the Part 201 DC, DWP, GSIP, SVII GCC, and CsAT screening levels in soil samples collected from the subject property and the open LUST status; the subject property is a facility under Part 201 of P.A. 451, as amended, and the rules promulgated thereunder. 4.1 Summary Data Tables The analytical results for the soil samples were compared with the MDEQ GCC and Screening Levels as presented in Attachment 1 to MDEQ Operational Memorandum Number 1 "Part 201 Cleanup Criteria and Part 213 Risk-Based Screening Levels," March 25, 2011 and in accordance with Section 20120a(1), using the Residential and Nonresidential cleanup criteria. The analytical results are summarized in Tables 1 and 2. CAS numbers associated with each target analyte identified above the laboratory MDLs and maximum contaminant concentrations are also presented in Tables 1 and 2. Previous site investigation reports are included in Appendix A. 4.2 Laboratory Reports and Chain of Custody Documentation Soil samples collected by PM in 2012 were submitted under chain of custody procedures and within applicable holding times. Refer to Appendix C for the laboratory analytical report and associated chain of custody documentation. 5.0 IDENTIFICATION OF BEA AUTHOR This BEA was conducted on July 17, 2012, by Mr. Jamie Antoniewicz, Project Engineer, and reviewed by Mr. Michael T. Kulka, P.E., Principal Engineer, PM Environmental, Inc., which is prior to or within 45 days of property ownership or occupancy. Qualification statements are provided as Appendix E. I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in §312.10 of 40 CFR 312 and I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquires in conformance with the standards and practices set forth in 40 CFR Part 312. Michael T. Kulka, P.E. Principal Engineer PM Environmental, inc. Page 9 Z.-7;aseiine Environmemal ,4:5-sessinent of the Former G'F'coiThc Dispe'Rsirio Located at 689 East 14 Mile Road, Ciavrson, Michiga PM Proie.of iktc, 02-5154-1; July 17, 2C-; 2 6.0 AA! REPORT OR ASTM PHASE 1 ESA As indicated in Section 1.3, PM performed a Phase 1 ESA of the subject property, July 17, 2012, in conformance with the scope and limitations of ASTM Practice E 1527-05 for the subject property (Parcel ID: 20-34-453-003) is located at 689 East 14 Mile Road, Clawson, Oakland County, Michigan. The scope of the Phase I ESA included consideration of hazardous substances as defined in Section 20202(1)(x) of P.A 451 of 1994, as amended, and constituted the performance of an All Appropriate Inquiry in conformance with the standards and practices set forth in 40 CFR Part 312. A copy of the March 2012 Phase I ESA is included in Appendix A. 7.0 REFERENCES • Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, ASTM, ASTM Designation E 1527-05, Published November 2005. • MDEQ Operational Memorandum No. 1 "Part 201 Cleanup Criteria and Part 213 Risk-based Screening Levels," Revised March 25, 2011 and in accordance with Section 20120a(1); • MDEQ Operational Memorandum No. 4 "Site Characterization and Remediation Verification — Attachment 10, Peer Review Draft Groundwater Not in an Aquifer," February 2007; MDEQ Operational Memorandum No. 2 "Sampling and Analysis," October 22, 2004, Revised July 5, 2007; • MDEQ Baseline Environmental Assessment Submittal Form (EQP 4025), dated April 2011; • Phase I ESA, March 2012, PM. PM Environmental, Inc. Page 10 Append [x C OAKLAND COUNTYY, MICHIGAN Scale loclr,. 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TS IT, fbersee .1177A .v 45'00'4 O'44.44/1 to the poest of be9/ne err fuRrt- vows ciRrtrreArr .1* hereby certiir fbal peel neeenn del/nrntre/ is o• eon-reef one and enel peres ;seen f /77, A,/ of rot less Mon on. inch in dials, ter end -15e- •. • in length, sod in cconcrete base foor serhes ••5 dee' loorry.eir-ne enreies de/711/2 hose been aiestrode endeNere Mal [I .7.7 hereon Jhb., 47,,,y.,51,- 4e. • dna' di 45e enTeerrerlions of steerre, nee' e/ /nee, of sfroers oresee oileyr, enee ne i.0c. ereOr.seeNnes -'• re is evith howeefernes le;,/ness" es on ses,`,”5-14 ArmitAira *Abe, , NON' ALI. /*ITN Pe 1/i/ IF P'.'r 1711/ fb,r) 10e, i,.000F rolennonen,..,,,,s • . his wile ,ers- • •-' fir reed enehencre I-, Ni- a,neseciploi. to In a ffrrerect, Ar.rf oat erndp/c-fAF,' ii de known es °Zioneees febe5 :en," pdr/ eres 51 .57-5 0/.31'5 I ANS HOMAN ref /5 I- l 51. 10/,'. pee., of r-/ es-. .34, TZM, 111., Ceti et e/ones an , y Tner,Oces/ner Conner, elicheresn, end Snot ,e5,- ti a-//cyr h own en seen:77 .e.see no, er,e5,7. gencie en'ed en the en, of else eseerilie .1,-:yen edges/is-re lee in fi7 er pees e,c O',1,-1,1 .1,94.-; q,9:007ei, RLSIDEN 11AL LEGEND: B=E 4, *4, 410 r :JUNI., ;1014,1 BAYOUOI: FIGURE 2 DIA11lkA141 01, 111L SLIHEC F PROPER I S AND ADJOINING PRUP1:11iES PR 000011 OASOLINE SERVICE 5I041 RJR 080 LAS 1 14 WI 1 RO CLAWSON, MI ORN Ts/mw 60014 KY: KW 3/13/2012 FILE ROYAL , 02-515-1---0F02R0t,i 53 ROCHESTER ROAD DAIRY BAR. APPROXIMATE LOCATION OF FORMER A'.3.TS APPROXIMATE Lo._;ATION Or 12) FORMER 250-GALLC,N 06E0 OIL USTS 011 44 PIPES 1111 PIPES ------ Ea EAST 14 MILE ROAD 0E110I01 AREA cL.LE, SERVICE AREA It T SIORAGE AREA RETAIL AREA 0 APPROXIMATE LOCATION OF 1 GAMER GASOLINE DIESEL UST CAS 1: 14 !_%111,E ROAD -4 ROCA LLSTEII itl..).A.1) 47.IS ROCHLSILR ROAD VAL'S PET SIllPI.IES II tiASOLINE DISPENSING STA LICN 14 - 2-1 ROCIILSIER ROAD Li rcio GASOLINE DISPENSING STA'l ION 115 IWO CA'S 1' Appendix D add itiorialSamplin of Soil and roundwater Soil Removal;3L0 2.212Lyast_ yaualiarrier Additional Response Activities Demolition of Existi Buildin Asbestos Survey_. Preparation of Brownfield Plan and Act 381 Workplan Browlifield Plan r---7— IPIpleet Sub Totals lirierc OCBRA Administrative Fees T1F Capture for RLF 4,290 7,500 30,000 •111.11111111 1111111111101 11111111101111 4,290 $ 17,500 30,000 ,330 9,650 ,500 $ 10,500 7,601) 92,370 13,856 31,000 25,000 7.600 92,370 13,856 31,000 $150(. :ler eachyear of capture_ $5,000 per year for each year following rebursementofeavihes li Phase II 9.650 1,500 10,500 BEA and Due Care Pan Due Care Activities _ - Soil Borimr 1111tonal soil and groundwater assessment able 1- 689 East 14 Mile Road, Clawson - Estimated Costs of Eligible Activities /Activity Baseline Environmen I Assessment Activities Total Estimated Cost School and Local MDEQ Ac 381 Eligible Activities Local Only Act 381 Eligible Activities Comments Total Cost of Eligible Activities to be Funded through TIF (include S OCBRA admin. Fees and RLF) 162,226 1 $ 162,226 1130311341 01 61407041 440561101 Nee table 1 136'933931319.03321310 .601/34 003 Co3 .630711106 POS45,1n151, PI,,,,ralion 3101063.111373 d 5 15% Confingomy ta/ 79111 4311,61131 13.1303871 by 116 0-611), 6371 Costs ly':l;1 9720on5d9 (4 971 009313 63 21 y0019 Tax 19933306 913339, Fob., 68133 7 659 Bag 14 Me, 06.30 60 701 ' 7011 . 1 011 201€ 018 F 2314 20111 2024 2227 0741 2031 2032 2033 2034 41111109.35 (1ew Texas-6415 1117) • 33710046s - Mirage $ 70.110 $ 73 ,0 $ 17' '00 5334.4 $ 7, len 8 375 " 0 304 "1" $ '71 01.•1., 0 $ .3 10 g , la, $ In ,ic 5 192 551 $ 336 153 5 '17 3011 $ 310 1. $ ,^ • 70 $ 130 '17 $1120,,It7 8,9330-01 18,1:11 (o1”mal. lot, 3533 31119y3r3) $ ,, ,,,, 111 170 ' V, 3o' $ 70 ,,, $ ,,, , ,,, $ ..• I' 170 $ 412051 3 3. • ' • • 11 )31 181 $ 60,, $ 408 CM 533595 $ ,.,,,, $ 413 137 5110,117 $ ..; , , $ 4 1 21? 1,1111 $ 'nil $ 418 376 $ 34%716 $ , 31 $ 473 159 $ 30 7,180 0 70 173 li • • • Al $ 476 765 $ 411,1 1 $ 366 115 $ '• •0533 T 70 170 3 135 13(31 $ 365,193 5 ,0.171 $ 439,717 $ 319,547 $ 71 170 $ 111 114 1171,041 $ 70,171 $ 445 555 $ 376,395 $ 71 n 70 $ 4511 041 $1112771 072 $ 1277 $ 1.277 $ 1,293 $ 1520$ 1,375 $ 1,841 $ 7757 $ 1,379 $ 1891 $ 1,407 $ 1,424 $ 1.442 $ 1,453 $ 1,477 $ 1,404 $ 1,912 $ 2630 $ 1,545 $ 1,507 $ 1.555 $ 1904 $ 79999 0.2415 $ 74 $ 74 $ 75 $ 70 $ 75 $ 77 $ 78 $ 79 $ 80 $ Al $ 82 $ 83 $ 84 $ 55 $ 85 $ 87 $ 85 $ 30 $ 90 $ Al $ 92 5 1,729 02101 $ 65 $ 55 $ 46 $ 67 $ 63 $ 59 $ 76 $ 71 $ 71 $ 72 $ 73 0 74 $ 75 $ 76 $ 77 $ 77 4 75 $ 79 $ BO $ 81 8 82 $ 1,538 90' 1A 85000 $ 100 $ 180 $ 182 4 184 $ 187 $ 189 $ 191 $ 193 $ 190 $ 131 $ 701 4 203 $ 205 $ 208 $ 210 $ 273 $ 215 $ 214 $ 221 $ 223 $ 225 $ 4,724 01730 $ 30 $ 30 $ 31 5 31 $ 32 3 32 • "• "" •• $ 32 $ 83 $ 33 3 34 $ 34 $ $4 $ 35 8 35 $ 35 $ 36 5 37 $ 37 $ 37 $ 30 $ 38 $ 716 02037 $ 61 $ 51 $ 62 $ 82 $ 13 8 64 $ 85 § 66 $ 66 $ 67 $ 66 5 59 $ 70 $ 70 $ 71 $ 72 5 73 $ 74 $ 75 $ 74 3 77 $ 1.417 12.0120 $ 3 135 $ 0500 $ 3,034 $ 4 033 $ 4,083 $ 4,133 $ 4,103 $ 4.234 $ 4 255 $ 4,317 $ 4390 $ 4443 $ 4.496 $ 4 550 $ 4,505 8 4,600 $ 4,716 $ 4,772 5 4 575 $ 4880 $ 1 044 $07011 4_2303 $ 1 292 $ 1,212 $ 1,309 8 1 124 $ 1,341 $ 1.357 $ 1.374 $ 1.390 5 1,407 $ 1.474 $ 1 441 $ 1,459 § 1,470 $ 1,494 $ 1,912 $ 1,510 4 1,048 $ 1.007 $ 150', $ 5604 $ '02 $ 30,351 III, 11 71 2.9907 $ 302 $ 302 $ 306 8 300 $ 313 $ 717 $ 321 $ 325 $ 329 $ 333 3 347 $ 341 $ 349 $ 349 $ 353 $ 350 $ 312 $ 366 $ 370 $ 375 $ 370 $ 7,092 0,3333 $ 102 $ 102 $ 103 $ 109 $ 105 S 107 $ 101 $ 103 $ 111 $ 117 $ 113 $ 115 $ 119 $ 117 $ 110 $ 120 $ 122 $ 123 $ 175 $ 120 $ 125 $ 7,138 0.6000 $ 193 $ 193 $ 186 $ 111 $ 190 $ 192 $ 194 $ 137 $ 199 $ 707 $ 704 $ 206 4 700 $ 211 $ 214 $ 217 $ 219 $ • Z712 $ 224 $ 227 5 231 5 4215 Tax. (3151.0106 EMZEll $ 1711,109 1 y F MN MN MOEN $ 7 5 , • $ 7 "03 $ 7089 $ 7 70.. $ 7.1,7 $ 7 073 5 S 5 111 $ 1 237 $ 8 ' 7 $ nr , $ ,. ,,o 4 s - 1 $ 3 777 $ 5 t 3 $ 5.983 5 1'7 5 $ • 9 $ 0 313 5 9 47' $ 1 •11 $ ' ''"" $ 4530 $ 1 '11 $ 1 509 $ 1 11 $ "1.1 ' • " $ 1.121 ' 1 500 $ 1 ' $ 1 '11 $ • 5. 6 1 1:1 $ 1 700 0 1 ' • : 6 7 '3,1 0 • 5'3 $ 1 ' / $ • '00 5 1 ,,, 4 0..119 $ 611110 3 695 $ 6118 $ 6 282 5 1 011 $ 1 973 7 4,511$ 6 1 6 117 5 5 : P11 l 5,473 ;I'! 06 141 Lapl47 $ 5,1161 $ , bob $ 18,104 $ 75,220 $ 30,510 $ 30 141 6 43,420 ' 44141474 $31007131101.7 • )€ ' '1.113 416 $ 145.180 "Ir.' rcr 9.9.73.53333t to Dovalopot !Int 333633,6 6190313 00391333 $ 106,726 $ 100,271 5 04 771 $ 04,121 $ 31,938 3 75.850 $ 49.279 8 62805 $ 56,235 $ 49,587 0 42 600 $ 35,933 $ 29 965 $ 71,895 $ 14,777 $ 7 445 1 93 $ - 8 $ - 5 - $ ^1 9 1 6 1 3331033917.0 1 693 Fund 9331164 1.0 t. 1.086 $ - 5 - $ - $ • 5 - $ - 5 $ $ $ $ - $ - $ - $ - 6 - - [ $ 5 000 $ 5,030 $ 0000 $ 5,113 $ 5000 $ 2,004 15.3660335r1231311136.31331 (107:610 133316,7313, 1 3. 9,r371 2,01311A 1313,33.0yo1305 70130 Resolution #13094 May 9, 2013 Moved by Long supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted and appointments being confirmed). AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted and appointments being confirmed). I HEREBY APPROVE THE FOREGOING RESOLUTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 9, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9 th day of May, 2013. 44, Lisa Brown, Oakland County