Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolutions - 2018.01.17 - 23235
MISCELLANEOUS RESOLUTION #18007 January 17, 2018 BY: Commissioner Michael Spisz, Chairperson, Economic Development and Community Affairs Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 585 EAST SOUTH BOULEVARD - CITY OF PONTIAC 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"), have established a redevelopment of Brownfields Redevelopment Authority and Board (OCBRA) to facilitate the cleanup and redevelopment of Brownfields within Oakland County's communities; and WHEREAS the 585 East South Boulevard site in The City of Pontiac (the "Property") is a hazard, "facility" under state statute and a non-producing parcel; and WHEREAS a Brownfield clean up and redevelopment plan amendment (the "Plan") has been prepared to restore the environmental and economic viability of this parcel; 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 City of Pontiac has reviewed the Plan, and has been provided a reasonable opportunity to express views and recommendations regarding the Plan in accordance with Sections 13 (13) of the Act, and has concurred with the provisions of the Plan; and WHEREAS the OCBRA, pursuant to and in accordance with Section 13 of the Act, has 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 Pontiac relating to the 585 East South Boulevard redevelopment in the City of Pontiac. 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 Pontiac, relating to the 585 East South Boulevard redevelopment. BE IT FURTHER RESOLVED that a public hearing on the adoption of the Brownfield Plan approved by the Oakland County Brownfield Redevelopment Authority for the 585 East South Boulevard redevelopment in the City of Pontiac shall be held on January 17, 2018, at 7:00 PM in the Oakland County Board of Commissioners' Auditorium, 1200 North Telegraph Road, Pontiac, Michigan. Chairperson, on behalf of the Economic Development and Community Affairs Committee, I move the adoption of the foregoing resolution. /(./7,/ ( Commiss prier Michael Spi8z, District43 - Chairperson, Economic Development and Community Affairs Committee ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS COMMITTEE Motion carried unanimously on a roll call vote with Taub abstaining. Yeas- Trigger, Williams, Jamieson, Lellniniaux, Webster Nays- Dan Hunter Secretary, Oakland County Brownfield Redevelopment Authority ESTABLISHMENT OF A COMMITTEE FOR THE 585 EAST SOUTH BOULEVARD BROWNFIELD SITE NOVEMBER 9, 2017 WHEREAS, per the Oakland County Brownfield Redevelopment Authority (BRA) Bylaws, Article II Section 9. Not less than sixty days prior to the submittal of any proposed Brownfield redevelopment plan to the BOC pursuant to Section 14(a) of the Act, by resolution the Board shall appoint a committee for any such proposed plan to allow for input of the city, village or township involved. The committee shall consist of a minimum of one or more of the Directors of the Board, as well as one elected official, or his/her designee from the affected city, village, or township. The committee so appointed shall make recommendations to the Board, which shall include or address any changes to the Brownfield redevelopment plan sought by the city, village or township, as well as any other significant concerns or issues raised by the city, village or township. WHEREAS, Dan Hunter (Oakland County BRA) and Deidre Waterman, Mayor City of Pontiac have been designated to serve on the Local Host Committee since October 2, 2017 for the 585 East South Boulevard project. WI-TEREAS, all parties involved with this project and the specific persons nominated for this committee have meet about this project on October 10, 2017: and, THEREFORE, be it resolved, to approve and ratify the appointment of Dan Hunter, Oakland County BRA along with Deidre Watettuan, Mayor City of Pontiac to serve on the 585 East South Boulevard project committee. RESOLUTION TO APPROVE A BROWNFIELD REDEVELOPMENT PLAN FOR THE 585 EAST SOUTH BOULEVARD BROWNFIELD PROJECT NOVEMBER 9, 2017 WHEREAS, 585 East South Boulevard in the City of Pontiac has been a environmental hazard, a "facility' under state statute, and a non-producing parcel for many years; and, WHEREAS, a clean up and redevelopment plan has been established to restore the environmental and economic viability to the 585 East South Boulevard parcel; and, WHEREAS, the local host committee consisting of Mayor Waterman from the City of Pontiac and Mr. Hunter from the OCBRA have met and have recommended the approval of the Brownfield plan dated October 10, 2017; and, WHEREAS, the BRA Board has reviewed the proposed plan; now, THEREFORE, BE IT RESOLVED, the Brownfield Plan Amendment for the United Shore project is hereby approved by the OCBRA on November 9, 2017; provided that, 1. The Brownfield plan is also approved by the City of Pontiac Council at their meeting on December 7, 2017; and, 2. The local tax capture for the project as reflected in the approved Brownfield plan for the approved eligible activity, in total not to exceed $1,378,917; and, 3. The Developer and the OCBRA agree upon a mutually acceptable Reimbursement Agreement, and the OCBRA authorizes the Board Chairperson to sign the reimbursement agreement on behalf of the OCBRA. BE IT FURTHER RESOLVED, to recommend the adoption of this plan by the Oakland County Board of Commissioners, and its Planning and Building and Finance Committees. Yeas- Williams, Jamieson, Lerminiaux, Trigger Webster "unter Secretary, Oakland County Brownfield Redevelopment Authority City of Pontiac Resolution 17-378 Resolution requesting the Oakland County Brownfield Redevelopment Authority to review the United Shore Redevelopment Project. Moved by Coimeilperson Taylor-Burks and supported by Councilperson Pietila. WHEREAS the City of Pontiac has a Brownfield project known as the United Shore Redevelopment project that it would like to have reviewed and processed by the Oakland County Brownfield Redevelopment Authority; WHEREAS the City of Pontiac has, a Brownfield Authority but desires to have the Oakland County Brownfield Redevelopment Authority handle the United Shore Redevelopment Project WHEREAS the Oakland County Brownfield Redevelopment Authority was created by Oakland County pursuant to MCL 125.2651 et seq. to assist jurisdictions like the City of Pontiac; WHEREAS the Oakland County Brownfield Redevelopment Authority is prepared to assist the City of Pontiac by reviewing the proposed United Shore Redevelopment project, provided that the City of Pontiac acknowledges certain rights that the Oakland County Brownfield Redevelopment Authority has, to wit: • OCBRA intends to collect an administrative fee of $5,000.00 per year for the length of the Brownfield plan; and WHEREAS the City of Pontiac will have the opportunity to provide public comment on any Brownfield plan (including the amount of the administrative feu to be collected) before it is finally adopted by the OCBRA and/or the Oakland County Board of Commissioners; NOW BE IT THEREFORE RESOLVED that the City of Pontiac request that the OCBRA undertake review of the United Shore Redevelopment Project. Ayes: Carter, Pietila, Taylor-Burks, Waterman, Williams and Woodward No: None Resolution Passed. I, Sheila R. Grandison, Acting Clerk of the City of Pontiac, hereby certify that the above Resolution is a true and accurate copy of the Resolution passed by the City Council of the City of Pontiac on December 7,2017. / /7 SHEILA R. GRANDISON, Acting City Clerk Date: December 19,2017 '2 City of Pontiac Resolution 17-379 Resolution concurring with the Provisions of a Brownfield Plan adopted by the Oakland County Brownfield Redevelopment Authority for the United Shore Redevelopment Project. Moved by Councilperson Pietila and supported by Councilperson Woodward. 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 585-701 East South Boulevard (Property); and WHEREAS, a Brownfield clean up and redevelopment plan (the "Plan") has been prepared to restore the environmental and economic viability to 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 Pontiac, relating to the redevelopment of 585-701 East South Boulevard; and WHEREAS, the City has 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 of Pontiac 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: Pietila, Taylor-Burks, Waterman, Williams, Woodward and Carter No: None Resolution Passed. 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 Pontiac at a meeting duly called and held on the 7 th day of December, 2017. CITY of PONTIAC ACTING CLERK Date: December 19, 2017 ENVIRONMENTAL Risk, Well Manacled OAKLAND COUNTY BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN FOR THE UNITED SHORE REDEVELOPMENT LOCATED AT 585-701 EAST SOUTH BOULEVARD PONTIAC, MICHIGAN September 26, 2017 Revised 1015/17 Approved by BRA: Approved by Board of Commissioners: Prepared on Behalf of: Pontiac Center Investments, LLC 1414 East Maple Road Troy, Michigan 48083 Contact Person: Mr. Kevin Kmet Telephone: (800) 981-8898 ext. 4357 Email: kkmet@unitedshore.com Prepared By: PM Environmental, Inc. 4080 West Eleven Mile Road Berkley, Michigan 48072 Contact Person: Elizabeth Masserang Telephone: (248) 414-1441 Email: nnasserang@pmenv.com Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-8234-1-0001; September 25, 2017 TABLE OF CONTENTS PROJECT SUMMARY I. INTRODUCTION AND PURPOSE 2 II. GENERAL PROVISIONS 2 A. Description of the Eligible Property (Section 13 (2)(h)) and Project 2 B. Basis of Eligibility (Section 13 (2)(h) and Section 2(o)) 4 C. Summary of Eligible Activities and Description of Costs (Sec. 13 (2)(a-b)) 5 D. Estimate of Captured Taxable Value and Tax Increment Revenues (Sec. 13 (2)(c)) E. Method of Brownfield Plan Financing and Description of Advances by the Municipality (Sec. 13 (2)(d)) 6 F. Maximum Amount of Note or Bonded Indebtedness (Sec. 13 (2)(e)) 6 G. Duration of Brownfield Plan (Sec. 13 (2)(f)) 7 H. Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions (Sec. 13 (2)(9)) 7 I. Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property (Sec. 13 (2)(h)) 8 J. Displacement/Relocation of Individuals on Eligible Property (Sec. 13 (2)(H)) 8 K. Local Brownfield Revolving Fund ("LBRF") (Sec. 13 (2)(m)) 8 L. Other Material that the Authority or Governing Body Considers Pertinent (Sec. 13 (2)(n)) 8 APPENDICIES Appendix A Appendix B Appendix C Appendix D TABLES Legal Description Property Location Boundary Preliminary Site Plans and Renderings Documentation of Eligibility Table 1: Estimated Costs of Eligible Activities Table 2: Tax Increment Capture Table Table of Contents Page i PROJECT SUMMARY Project Overview: Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-8234-1-0001; September 15, 2017 Proposed United Shore Redevelopment The property consists of 4 parcels located in Pontiac, Oakland County, Michigan, 48341 in Township three north (T.3N), Range 10 east (R.10E), Section 34. Additionally, a portion of one (1) parcel is located in Township Two North (T2N), Range Ten East (R10E), Section 3 The property is determined to be a "Facility" or adjacent and contiguous to a "Facility" Baseline Environmental Site Assessment Activities, Due Care Activities, Demolition, Asbestos Activities, Infrastructure Improvements, Site Preparation, and Preparation of a Brownfield Plan and Act 381 Work Plan $2,377,145 (includes eligible activities and 15% contingency) An estimated 11 years from date of Brownfield Plan approval Approximately $69 million (including Acquisition, Hard and Soft Costs) The project entails the extensive renovation of the former Hewlett Packard office building and surrounding property for reuse as the future corporate headquarters of United Shore, a Michigan- based financial services company. The planned renovation entails extensive interior renovation to the first and second floors of the approximately 600,000 square foot building and various site improvements including parking lot expansion, generator installation and the construction of an outdoor recreation area/amphitheater. The existing corporate campus will be expanded to support 2,150 retained and re-located jobs and the creation of approximately 600 new full-time equivalent jobs in Pontiac. Additionally, the rehabilitation will result in the creation of an estimated 200 construction jobs. PM Environmental, Inc. Page 1 Project Name: Project Location: Type of Eligible Property: Eligible Activities: Developer Reimbursable Costs: Years to Complete Developer Reimbursement : Estimated Capital Investment: Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-8234-1-0001; September 15, 2017 INTRODUCTION AND PURPOSE In order to promote the revitalization of environmentally distressed, historic, functionally obsolete and blighted areas within the boundaries of Oakland County ("the County"), the County has established the Oakland County Brownfield Redevelopment Authority ("OCBRA") the "Authority" pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as amended ("Act 381"). The purpose of this Brownfield Plan (the "Plan") is to promote the redevelopment of and investment in the eligible "Brownfield" Property within the County and to facilitate financing of eligible activities at the Property. Inclusion of Property within any Plan in the County will facilitate financing of eligible activities at eligible properties, and will provide tax incentives to eligible taxpayers willing to invest in the revitalization of eligible sites, commonly referred to as "Brownfields." By facilitating redevelopment of the Property, this Plan is intended to promote economic growth for the benefit of the residents of the County and all taxing units located within and benefited by the Authority. 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. If significant changes are made to the proposed redevelopment and proposed use, the Brownfield Redevelopment Authority and the County Commission as the Governing Body, in accordance with the Act, may amend this Plan. This Plan is intended to be a living document, which may be modified or amended in accordance with and as necessary to achieve the purposes of Act 381. The applicable sections of Act 381 are noted throughout the Plan for reference purposes. This Brownfield Plan contains information required by Section 13(2) of Act 381, as amended II. GENERAL PROVISIONS A. Description of the Eligible Property (Section 13 (2)(h)) and Project The Eligible Property consists of four (4) legal parcels totaling approximately 57.8 acres, referred to within this plan as the "Property." All parcels are located within Pontiac, Oakland County, Michigan as outlined below, Parcel ID Number Address City Approx. Acreage Eligibility Current Zoning M-1 64-14-34-351-006 585 SOUTH BLVD E (listed on tax roll as 655 SOUTH BLVD E) Pontiac 50.49 "Facility' 64-14-34-351-007 671 SOUTH BLVD E Pontiac 0.943 "Facility" M-1 64-14-34-380-043 No Address Pontiac 0.396 Adjacent and contiguous to a "Facility" M-1 64-14-34-380-041 707 SOUTH BLVD E Pontiac 5.971 "Facility" M-1 Pontiac Center Investment, LLC, or any related entity, or such other developer as approved by the Authority, are collectively the project developer ("Developer"). PM Environmental, Inc. Page 2 Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-82344-0001; September 15, 2017 Pontiac Center Investment, LLC is the ownership entity of the parcels identified as 585 South Boulevard East, 707 South Boulevard East, and parcel ID 64-14-34-380-043. Pontiac Center Investment, LLC has the parcel identified as 671 South Boulevard East under contract and intends to take ownership in the near future. Founded in 1986 in Michigan by Jeff lshbia, the Developer is one of the nation's leading mortgage lending firms and fastest growing financial services companies. With a commitment to technology, elite client service, and a rewarding work environment, Jeffs son and current United Shore CEO Mat lshbia has built the company into the top-ranked firm in the United States by volume in the wholesale mortgage-lending business. Under Mat's leadership, the Developer has seen its employee count grow from 400 to 2,200 over the past seven years. This growth has spurred the need for a new corporate headquarters and campus that can accommodate future growth and create a more dynamic and collaborative work environment. The proposed project and renovations will allow all of the Developer's employees to work under one roof and on one campus. The campus will offer a wide assortment of perks to augment the sense of culture and work-life balance that the Developer prides itself on. The Property consists of commercial [and in an area characterized by commercial, industrial and residential uses. The property zoning is anticipated to remain the same. Standard and other historical sources document that the parcel located at 585 South Boulevard East (listed as 655 South Boulevard East under the tax rolls) was developed in 1940 with multiple residential dwellings and streets (Irwin Street, Central Street, Ferry Street, Greendale Avenue and Plainfield Avenue). By 1980, the residential dwellings and streets had been demolished and removed and the site was developed with parking lots and multiple commercial/industrial buildings associated with Fleet Carrier Corp, a transport company. At that time, sources indicate that another transport company, Commercial Carriers, occupied buildings on the southeast portion of the parcel. By 2000, the buildings associated with the transport companies had been demolished and the Property was redeveloped with the existing office building and parking lots. The parcels located at 671 and 707 South Boulevard East currently contains an asphalt-paved parking lot and contains localized grass and gravel covered areas. These parcels have historically been utilized for parking and/or vacant land since at least 1963. The proposed project entails the renovation and rehabilitation of the existing commercial office building for use as the Developer's corporate headquarters and corporate campus. The approximately 600,000 square foot building's interior will be significantly renovated for utilization as a modern corporate headquarters. The Developer also proposes extensive site improvements. Site improvements are anticipated to include the renovation and addition of surface parking lots, new generator installations and the new construction of an outdoor recreation center and amphitheater. Exterior renovation activities on the exterior of 585 South Boulevard E are anticipated to commence in Fall 2017. Interior demolition and renovations are anticipated for early 2018, and redevelopment of the parcels identified as 671-707 South Boulevard East is slated for Spring 2018. The Developer will invest an estimated $69 million in the development and create approximately 200 construction jobs during development activities. On a long-term basis, an anticipated 600 full-time equivalent (FTE) permanent jobs are estimated to be added to the firm based on the expansion. This job creation is in addition to the 2,150 retained and re-located jobs to the City. Preliminary site plans and renderings are included in Appendix C. PM Environmental, Inc. Page 3 Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-8234-1-0001; September 15, 2017 B. Basis of Eligibility (Section 13 (2)(h) and Section 2(o)) The Property is considered "Eligible Property" as defined by Act 381, Section 2 because: (a) the Property was previously utilized or is currently utilized for a commercial and/or industrial purpose; (b) the project is located in the City of Pontiac, a qualified local governmental unit under Act 381 and, (c) the parcels comprising the Property have each been determined to be a "facility" and/or adjacent and contiguous to a "facility!' The subject property parcels identified as 585, 671, and 707 South Boulevard East meet the definition of a "facility" as defined under Part 201, based on concentrations of contaminants identified in soil and groundwater identified during previous site investigations. According to Section 20101(1)(s) of Part 201 a "facility" means any area, place, or property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. Additionally, the parcel identified as 64-14-34-380-043 qualifies as Eligible Property as it is adjacent to a "facility." 585 South Boulevard East A review of historical Phase I and Phase ll Environmental Site Assessment (ESA) reports consisting of various subsurface investigations indicates the presence of fill across the parcel located at 585 South Boulevard East that contains residual levels of metals, polycyclic aromatic hydrocarbons (PAHs), and petroleum hydrocarbons. Additionally, benzo(a)pyrene was detected in surface soils, exceeding the most restrictive Michigan Department of Environmental Quality (MDEQ) Part 201 Residential Cleanup Criteria and/or applicable Risk Based Screening Levels (RBSLs). 671 and 707 South Boulevard East In September 2017, NTH Consultants, Ltd. completed a Phase II ESA for the parcels located at 671 and 707 South Boulevard to evaluate recognized environmental conditions (RECs) identified at the Property pursuant to a Phase I ESA completed earlier the same year. As part of the Phase II ESA, a subsurface investigation was conducted, advancing soil borings and temporary monitoring to facilitate the collection of subsurface soil and groundwater analytical data. Soil and groundwater analytical results identified concentrations of selenium, chromium, and lead above Part 201 Residential and Nonresidential Drinking Water Protection/Drinking Water (DWP/DVV), Groundwater Surface Water Interface Protection/Groundwater Surface Water Interface (GSIP/GSI), and Direct Contact (DC) cleanup criteria. Parcel Identified as 64-14-34-380-043 Additionally, the parcel identified as 64-14-34-380-043 qualifies as Eligible Property as it is adjacent to a "facility." Additional documentation and description of the locality of the identified contaminants and the property's "facility" status is provided in Appendix D. PM Environmental, Inc. Page 4 Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-8234-1-0001; September 15, 2017 C. Summary of Eligible Activities and Description of Costs (Sec. '13 (2)(a-b)) Tax Increment Financing revenues will be used to reimburse the costs of "eligible activities" (as defined by Section 2 of Act 381) as permitted under the Brownfield Redevelopment Financing Act that include: Baseline Environmental Site Assessments, Due Care Activities, Demolition, Asbestos Activities, Infrastructure Improvements, Site Preparation Activities, and preparation of a Brownfield Plan and Act 381 Work Plan. A complete itemization of these activities and associated expenses is included in Table 1. 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. All activities are intended to be "Eligible Activities" under the Brownfield Redevelopment Financing Act. The Authority is not responsible for any cost of eligible activities listed below and will incur no debt for these activities. 1. Baseline Environmental Site Assessment Activities include Phase I Environmental Site Assessments (ESAs), Phase II ESAs, and BEAs as required as part of the pre-purchase due diligence conducted on the Property at a total cost of $30,000. 2. Due Care Activities includes contaminated soil transport and disposal associated with development activities at a total estimated cost of $380,000. 3, Demolition Activities includes the deconstruction/select demolition of building elements for reuse, disposal of non-reusable/non-recyclable building elements, on-site reuse of demolition debris, removal of abandoned utilities, parking lots, curbs and gutters, and sidewalks, fill/compaction/rough grading to balance the site where the improvements are located, and fees related to demolition engineering and design at an estimated cost of $800,509. 4. Asbestos Activities includes an asbestos survey, asbestos containing materials (ACM) abatement, oversight, air monitoring and associated reporting at an estimated cost of $65,000. 5. Infrastructure Improvements include an urban storm water management system, sanitary sewer mains, landscaping within the public right of way and professional fees directly related to infrastructure improvements at an estimated cost of $392,073. 6. Site Preparation includes temporary construction access/roads, temporary traffic control, temporary erosion control, temporary site control (fencing, gates, signage, and/or lighting), grading, staking, clearing and grubbing, excavation of unstable materials, the relocation of active utilities (electric, gas, water, sewer), and soft costs related to eligible activities, at an estimated cost of $386,022. 7. Preparation and implementation the Brownfield Plan and Act 381 Work Plan including associated management activities (e.g. meetings with BRA, review by City Attorney etc.) at a cost of approximately $20,000. 8. A 15% contingency of $303,541 is established to address unanticipated environmental and/or other conditions that may be discovered through the implementation of site activities. This excludes the cost of Baseline Environmental Assessment Activities and preparation of the Brownfield Plan and Act 381 Work Plan. PM Environmental, Inc. Page 5 Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No, 01-8234-1-0001; September 15, 2017 The total estimated cost of Eligible Activities subject to reimbursement from tax increment revenues in Pontiac is $2,073,604 with a potential $303,541 contingency resulting in a total reimbursement to the Developer in a not-to-exceed amount of $2,377,145, unless the Plan is amended and approved by the City, the OCBRA, and Oakland County Board of Commissioners. This plan also allots capture for local administrative fees of $5,000 annually as outlined in Table 2. The OCBRA has established a Local Brownfield Revolving Fund (LBRF). Capture for the LBRF is included in this plan following developer reimbursement, currently estimated at $735,684. The funds deposited into the LBRF as part of this Plan will be used in accordance with the requirements of Act 381, as amended. D. Estimate of Captured Taxable Value and Tax Increment Revenues (Sec. 13 (2)(c)) Incremental taxes on real property included in the redevelopment project will be captured under this Plan to reimburse eligible activity expenses. The base taxable value of the Property shall be determined by the use of the 2017 tax year tax values. The base taxable value for the Property is $5,871,800. Tax increment revenue capture is proposed to begin when tax increment is generated by redevelopment of the Property, which is expected to begin in 2019 or when full redevelopment is completed whichever occurs first. The estimated taxable value of the completed development is $9,974,130. An annual increase in taxable value of 1% has been used for calculation of future tax increments in this Plan. Table 2 details the estimate of captured tax increment revenues for each year of the Plan from the eligible property. Prior to reimbursement of tax increment revenue to the Developer, payment of OCBRA Administrative fees will occur first. E. Method of Brownfield Plan Financing and Description of Advances by the Municipality (Sec. 13 (2)(d)), Eligible activities will be financed by the Developer. The Developer will be reimbursed for eligible costs as described in Section C and outlined in Table 1. Costs for Eligible Activities funded by the Developer will be repaid under the Michigan Brownfield Redevelopment Financing Program (Michigan Public Act 381, as amended) with incremental taxes generated by future development of the Property. The estimated amount of tax increment revenue capture that will be used to reimburse the Developer and OCBRA is $3,187,829. This includes Brownfield Plan preparation, OCBRA Administrative fees and LBRF deposits. No advances will be made by the OCBRA for this project. All reimbursements authorized under this Plan shall be governed by the Reimbursement Agreement. F. Maximum Amount of Note or Bonded Indebtedness (Sec, 13 (2)(e)) No note or bonded indebtedness will be incurred by any local unit of government for this project. PM Environmental, Page 6 Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-8234-1-0001; September 15, 2017 G. Duration of Brownfield Plan (Sec. 13 (2)(f)) In no event shall the duration of the Plan, exceed 35 years following the date of the resolution approving the Plan, nor shall the duration of the tax capture exceed the lesser of the period authorized under subsection (4) and (5) of Section 13 of Act 381 or 30 years. Further, in no event shall the beginning date of the capture of tax increment revenues be later than five years after the date of the resolution approving the Plan. The Property will become part of this Plan on the date this Plan is approved by the Oakland County Board of Commissioners. H. Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions (Sec. 13 (2)(g)) Taxes will continue to be generated to taxing jurisdictions on local and school captured millages at the base taxable value of $5,871,800 throughout the duration of this Plan totaling approximately $4,810,097. For years 2019 through 2022, an anticipated $322,395 will be generated annually. For years 2023 through 2033, an anticipated $320,047 will be generated annually. Non-capturable millages; including debt millages, the zoo authority and art institute, will see an immediate increase in tax revenue following redevelopment and will provide tax revenue of approximately $63,418 throughout the duration of this Plan. A summary of the impact to taxing jurisdictions for the life of the Plan is summarized below, which assumes taxes are captured throughout the duration of the Plan as estimated in Table 2. Millage Rate Taxes Generated by Property (incl. base value) Taxes Preserved for Taxing Units County Operating 4.0400 $648,632 $355,831 OIS Allocated 0.1966 $31,565 $17,316 OIS Voted 3.1113 $499,527 $274,034 OCC Voted 1.5555 $249,739 $137,004 City Operating 11.2737 $1,810,021 $992,954 Cap Imp 1.4091 $226,235 $124,109 Sanitation 2.8183 $452,485 $248,227 Library 1.0000 $160,553 $88,077 Senior Services 0.5000 $80,276 $44,039 County Pk & Rec 0.2368 $38,019 $20,856 HCMA 0.2140 $34,358 $18,848 Sinking Fund 2,8700 $460,786 $252,781 OCPTA 0.9863 $158,353 $86,870 Subtotal 30.2116 $4,850,549 $2,660,947 School Operating 18.0000 $2,889,945 $1,585,386 SET 6.0000 $963,315 $528,462 Subtotal 24.0000 $3,853,261 $2,113,848 Total Capturable 54.2116 $8,703,809 $4,774,795 MESSA Judgment (until 2022) 0.4000 $16,200 $16,200 Zoo Authority (County) 0.0980 $15,734 $15,734 PM Environmental, Inc. Page 7 Brownfield Plan for the proposed United Shore Development Located at 585-707 South Boulevard East, Pontiac, Michigan PM Project No. 01-82344-0001; September 15, 2017 Art Institute (County) 0.1961 $31,484 $31,484 Total Non-Capturable 0.6941 $63,418 $63,418 Total 54.9057 $8,767,227 $4,838,213 For a complete breakdown of the captured rnillages and developer reimbursement please see Table 2. 1. Legal Description, Property Map, Statement of Qualifying Characteristics and Personal Property (Sec. 13 (21(h)) The legal description of the Property included in this Plan is attached in Appendix A. Property location maps are included in Appendix B. Documentation of characteristics that qualify the property as eligible property is provided in Appendix D. J. Displacement/Relocation of Individuals on Eligible Property (Sec. 13 (2)(i-1)) No displacement of residents or families is expected as part of this project, K. Local Brownfield Revolving Fund ("LBRF") (Sec. 13 (2)(m)) The OCBRA has established a LBRF. Capture for the LBRF is included in this plan for up to five (5) years, following developer reimbursement, currently estimated at $735,684. The funds deposited into the LBRF as part of this Plan will be used in accordance with the requirements of Act 381, as amended. L. Other Material that the Authority or Governing Body Considers Pertinent (Sec. '13 (2)(n)) The OCBRA and the County Commission as the Governing Body, in accordance with the Act, may amend this Plan in order to fund additional eligible activities associated with the Project described herein. At this time, the developer is seeking reimbursement from the Michigan Economic Development Corporation (MEDC)/Michigan Strategic Fund (MSF) and may seek Michigan Department of Environmental Quality (MDEQ) support for the use of school millages in the future. The tax increment financing table provided in Table 2 include the assumption of MEDC/MSF and MDEQ approval. PM Environmental, inc. Page 8 APPENDICIES Appendix A Legal Descriptions Parcel ID: 64-14-34-351-006 T3N, RICE, SEC 34 SOUTH PARK PART OF LOT 12, ALSO ALL OF LOTS 13 TO 104 INCL, ALSO PART OF LOTS 105, 106 & 107, ALSO PART OF LOTS 111 & 112, ALSO ALL OF LOTS 113 TO 186 INCL, ALSO PART OF LOT 187, ALSO ALL OF LOTS 188 TO 320 INCL, ALSO LOTS 322 TO 339 INCL, ALSO LOTS 343 TO 361 INCL, ALSO ALL OF VAC STREETS, ALLEYS & WALKS WITHIN PARCEL DESC AS BEG AT PT DIST N 01-12-09 E 59.72 FT & S 87-18-59 E 60.17 FT FROM SW SEC COR, TH N 01-11-21 E 1326.13 FT, TH S 87-18-59 E 286.26 FT, TH N 50-29-10 E 18.16 FT, TH S 87-18-59 E 146.54 FT, TH N 02-41-01 E 119.03 FT, TH ALG CURVE TO LEFT, RAD 2062.24 FT, CHORD BEARS S 74-45-57 E 102.66 FT, DIST OF 102.66 FT, TH ALG CURVE TO LEFT, RAD 1171.82 FT, CHORD BEARS S 78-50-37 E 108.42 FT, DIST OF 108.46 FT, TH ALG CURVE TO LEFT, RAD 2147.32 FT, CHORD BEARS N 89-35-19 E 665.63 FT, DIST OF 668.32 FT, TH ALG CURVE TO LEFT, RAD 810.21 FT, CHORD BEARS N 78-51-20 E 51.37 FT, DIST OF 51.38 FT, TH N 77-02-20 E 235.59 FT, TH S 00-31-33W 1026.50 FT, TH S 15-34-30 W 74.17 FT, TN ALG CURVE TO RIGHT, RAD 268.02 FT, CHORD BEARS S 34-39-14W 176.51 FT, DIST OF 179.87 FT, TH ALG CURVE TO LEFT, RAD 330 FT, CHORD BEARS S 28-10-09 W 284.80 FT, DIST OF 294.47 FT, TH S 02-36-20 W 25.48 FT, TH N 87-18- 59 W 1366.65 FT TO BEG 1-30-07 FR 005 & 354-008 Parcel ID: 64-14-34-351-007 T3N, RICE, SEC 34 SOUTH PARK LOTS 1 TO 8 INCL, ALSO PART OF LOT 9, ALSO PART OF LOTS 106 TO 109 INCL, ALSO ALL OF LOT 110, ALSO PART OF LOT 111, ALSO PART OF VAC IRVIN AVE, ALSO PART OF VAC ALLEY ALL DESC AS BEG AT PT DIST S 87-20-08 E 374.76 FT & S 87-20-35 E 1304.26 FT & N 00-31-33 E 59 FT FROM SW SEC COR, TH N 87- 18-59 W 191.53 FT, TH N 02-36-20 E 25.56 FT, TH ALG CURVE TO RIGHT, RAD 270 FT, CHORD BEARS N 28-10-09 E 233.02 FT, 01ST OF 240.93 FT, TH ALG CURVE TO LEFT, RAD 330 FT, CHORD BEARS N 43-06-22 E 121.71 FT, DIST OF 122.42 FT, TH S 00-31-33 W328,80 FT TO BEG 1-30-07 FR 005 Parcel ID: 64-14-34-380-041 T2N, R10E, SEC 3 & T3N, RICE, SEC 34 OAKLAND COUNTY CONDOMINIUM PLAN NO 1004 CENTERPOINT BUSINESS CAMPUS UNIT 18 L 16667 P 011 10-28-96 FR 380-040 Parcel ID: 64-14-34-380-043 T3N, RICE, SEC 34 OAKLAWN FARMS SUB PART OF VAC BRADFORD AVE DESC AS BEG AT PT DIST S 87-21-04 E 1678.86 FT & N 00-31-33 E 59.28 FT FROM SW SEC COR, TH N 00- 31-33 E 328.80 FT, TN ALG CURVE TO LEFT, RAD 330 FT, CHORD BEARS N 16-30-08 E 181.66 FT, DIST OF 184.03 FT, TN S 00-31-33W 504.53 FT, TH N 88-13-17W 50.01 FT TO BEG 9-24-07 FR RD Appendix B Property Location Boundary Assessors Map Ca'affiffit: 671 South Boulevard East ("facility") (14-34-351-007) No Address 64-14-34-380-043 (adjacent to a "facility") 585 South Boulevard East ("facility") Also identified as 655 South Boulevard East 14-34-351-006 707 South Boulevard East ("facility") 14-34-380-041 A.., 2 Foot crmloyra 5 Foot Gorilours FEMA Base Flood Elayatrons "740' FEMA Cross sections ODD yr. • FEMAPloodplaln C:# 100 yr (datallo0 • FEMAFloodplaln C:).500 yr- FEMA Floodplaln FLOOLYNAY • FEMA FloadpraIrs Disclaimer. The information provided herewith has been compiled from recorded DAKIANIDT- deeds, plats, tax maps, surveys and other public records. It is Oct a legally recorded map or survey and is not intended to be used as one. Users should consult the Information sources mentioned above when questions arise FEMA Flooplain data may L. Brooks Patterson not always be present on the map. Oakland County Executive Date Created: 9/612017 NORTH Inch = 400 feet Oakland County One Stop Shop 2100 Pontiac Lake Road Bldg. 41 West Waterford, MI 48228 Phone: 248-858-0721 Web: www.advantageoakinnd.com Appendix C Preliminary Site Plans and Renderings BENCH MARKS (NAVDEIS DAIDNE1 ,asar555.-.5115101, .n••,,daarrhan im Marl.nn="' '-'5=F7rfa,...rrod E 510C 11140.51,51.5.1..rrs.• tfr,,g2k. ILav.4551••••46. 1:51.5N14,511 :1=F rpgNiVII.M. 1151.15.1.15.1aa MURPHY PARK OSTEN...MON POND r"1--- ardrdre EMELIE•Trral.• IF.../n MMM Aldr•PIAEAndt DaN SOUTI, SLAT, E, DESIG NAT DO U LI EST PARKING 19VOTOUTIMII 0.1.1 dildddr.0111113 gENCH MARK .4 edran. ELEV,15,3.13 gENL•11.14111a• roo annoRma 15.9113F S. g WOW!. gar WINE 11:1.1 I .1.5U:a5•155-1-.555... PARKING DATA raLl. 1'11•'1.r...91131.5 =1:41;14' anfri. rad. •Pour,....caass,a, "L7J;rL FL.511.5F9 5151- 501 ard.cin .05.9 WZA PRO, VAN.a.1.11315 1.61•55. ,111.L41.3.15. 95119.•Adda ZCINING DATA 15,111.51ALC.57ARa” 5555.1.41,55••••5 awlasc.r.FE mad coaan.15Ica uo-irjlArr=ce =r="E PAVING LEGEND I ....x.6r6,...6m F.76W7 FraCCMC.,...15B101.rtaalg •••••••••••• ad-orooaNddad, dr..5.151 LEGEND 1,051117•155.ear 5,5.1 a add. ea•pda 11.3.1,CLE POLE larciadd 6 51.771•IVF15541. • VAL5E r,67 orr =Rd odc• a.rs • nroral LK. Fo.,6,6, 0 0-m616641,LE 9.151111.1954. a.161.5d4 van 111...11 D s 47[111111 udituure afoul* hr66.5i, leSnin6 1.611 van 6, Ink, •ulf. 267 faeacada read SE, au, 550 grand taw., ...ad .155.14 dId...32100 V05546...1,5[Cim CIVIL ENGINEER ANDERSON, .115,15,51. 151.17115K IRK 5.72,61.11 LANDSCAPE ARCHITECT GRIM. mMANDRI.E;gr,5,,.,;,z,5 engtrxviu..E.MICF,13.0.7611417, STRUCTURAL ENGINEER SDI SITU CTARES 711-21.1171 projec 151.1a United Shore Headquarters United ShOr. Financial 585 South Boulevard East Pontiac, MI 48341 f.'14'4; ,..1.1111•1•5•1,5•••• Sala PIO'1.71;21 Winn Ardd, sale! Jon6n1 66. 6ti. Pin 967.6611 001017 6500611 AM 55,50 W2617, _13.1S000.7-1.6 166,7 IDS AM..; IM.S. General Site Plan browns Aharn...., 1775-1000 Z1100 210 CO. IA 0369-0068 =PACO 5.5.1 t':zn :10 er./.56 SFACIES Wit Traii #11" 41=;.41I'Arerg.00,1,16.2.04.1p,?4,. Appendix D Documentation of Eligibility DEn MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY — REMEDIATION AND REDEVELOPMENT DIVISION, PO BOX 30426, LANSING, MICHIGAN 48909-7920, Phone 517-373-9837, Fax 517-373-2637 FOR DEQ USE ONLY BEA SUBMITTAL # Baseline Environmental Assessment Submittal Form This form is for submittal of a Baseline Environmental Assessment (BEA), as defined by Part 201, Environmental Remediation and Pad 213, Leaking Underground Storage Tanks, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, for the purpose of establishing an exemption to liability pursuant to Section 20126(1)(c) and Section 21323a(1)(b) for a new owner or operator of property that is a facility as defined by Section 20101(1)(s) or Property as defined by Section 21303(d). The BEA report must be conducted either prior to or within 45 days after becoming the owner or operator, whichever is earliest. This form and the BEA report must be submitted prior to or within 6 months of becoming the owner or operator whichever is earliest. A separate BEA is required for each legal entity that is or will be a new owner or operator of the property. To maintain the exemption to liability, the owner and operator must also disclose the LEA to any subsequent purchaser or transferee before conveying interest in the property pursuant to Section 20126(1)(c) and Section 21323e(1)(b), An owner or operator of a facility or Property also has due care obligations under Section 20107a and Section 21304c with respect to any existing contamination to prevent unacceptable exposure; prevent exacerbation; take reasonable precautions; provide reasonable cooperation, assistance, and access to authorized persons taking response activities at the property; comply with land use restrictions associated with response activities; and not impede the effectiveness of response activities implemented at the property. Documentation of due care evaluations and conducted response activities need to be available, but not submitted, to the MDEQ within 8 months of becoming the owner or operator of a facility and/or Property. Beetio aWrititYlrifOrroatibri,:!,' Name of legal entity that does or will own or operate the property: Submitter: Pontiac Center Investment, LLC Address: 251 E. Merrill Street, Suite 212 City: Birmingham State: MI Zip: 48009 Contact person (Name & Title): Mr. Jeffrey lshbia, Member Telephone: (248) 647-8590 E-Mail: jai@iglawfirm.corn i$.6citidiiik:IP 0.0 InrOretigiiiit:1; Contact for BEA questions if different from submitter Name & Title: Preparer: Steve Kulpanowski, Senior Geologist Company: Environmental Consulting Solutions, LLC Address: 523 West Sunnybrook Drive City: Royal Oak State: MI Zip: 48073 Telephone: 248-875-7542 E-Mail: kulpanowskis©aol.com County: Oakland CityNillage/Township: Pontiac Town: 03 North, Range: 10 East, Section: 34 Quarter: SW Quarter-Quarter: SW Street Address of Property: 585 South Boulevard East City: Pontiac State: Ml Zip: 48341 Property Tax ID (include all applicable IDs): 64-14-34-351-006 Address according to tax records, if different than above (include all applicable addresses): City: 665 South Boulevard East State: Pontiac Zip: 48341 Status of submitter relative to the property (check all that apply): Former Current Prospective Owner LI LI Operator El D.. EE sodtwivpiostitooItiMitjt*:iiiiiiii_Oii'Olbo:#004y10 ock,,iiiiith4totio',10040040010P Facility regulated pursuant to Part 201, other source, or source unknown Part 201 Site ID, if known: Property - Leaking Underground Storage Tank regulated pursuant to Part 213 Part 211/213 Facility ID, if known: Oil or gas production and development regulated pursuant to Part 515 or 625 Licensed landfill regulated pursuant to Part 115 Licensed hazardous waste treatment, storage, or disposal facility regulated pursuant to Part 111 LI StlonD AppllbieDales (provide date for alithat are relevant):'NINI/Dotyr(Y: Date All Appropriate Inquiry (AA!) Report or Phase I Environmental Assessment Report completed: June 8, 2017 Date Baseline Environmental Assessment Report conducted: June 8, 2017 Date submitter first became the owner: Date submitter first became the operator (if prior to ownership): Anticipated date of becoming the owner for prospective owners: June 16, 2017 Anticipated date of becoming the operator for prospective operators: June 16, 2017 If former owner or operator of this property, prior dates of being the owner or operator: 1 EQP 4025 (09/2015) Decimal Degrees Latitude: 42.6218060 Decimal Degrees Longitude: -83.2649790 Reference point for latitude and longitude: Center of site El Main/front door El Front gate/main entrance LI Other LI Collection method: Survey El GPS U Interpolation 1Z1 El El El Section E;.1Check the appropriate response to each of the.followIng questions: YES NO 1. Is the property at which the BEA was conducted a "facility" as defined by Section 20101(1)(s) or a Property as defined by Section 21303(d)? 2. Was the All Appropriate Inquiry (AAI) completed in accordance with Section 20101(1)(f) and or 21302(1)(b)? 3. Was the BEA, including the sampling, conducted either prior to or within 45 days of the date of becoming the owner, operator, or of foreclosure, whichever is earliest? 4. Is this BEA being submitted to the department within 6 months of the submitter first becoming the owner or operator, or foreclosing? 5. Does the BEA provide sufficient rationale to demonstrate that the data is reliable and relevant to define conditions at the property at the time of purchase, occupancy, or foreclosure, even if the BEA relies on studies of data prepared by others or conducted for other purposes? 6. Does this BEA contain the legal description of the property addressed by the BEA? 7. Does this BEA contain the environmental analytical results, a scaled map showing the sample locations, and the basis for the determination that the property is a facility as defined by Section 20101(1)(s) or the basis for the determination that the property is a Property as defined by Section 21303(d)? El 0 certify to the best of my knowledge and belief, that this BEA and all related materials are true, accurate, and complete. I certify that the property is a facility as defined by Section 20101(1)(s) or a Property as defined by Section 21303(d) and have provided the sampling and analyses that support that determination. I certify that any exceptions to, or deletions from, the All Appropriate Inquiry Rule are described in Section 1 of the BEA report Signature: Date: 6 - - Printed Name: Stephen E. Kuipanowski Company: Environmental Consulting Solutions, LLC Mailing Address: 523 West Sunnybrook Drive City: Royal Oak State: Ml Zip: 48073 Telephone: (248) 875-7542 4i1ElititirOg-n4td.re:: E-Mail: kulpanowskis@aol.com With my signature below, I accurate, and comp; Signature: "ertify that to the best of my knowledge and belief, this BEA and all related materials are true, Date: CO (Per= ally otithorized to bind the legal entity) Printed Name: ey A. Ishbia Title and Relationship of signatory to submitter: Member Address: 251 E. Merrill Street, Suite 212 City: Birmingham State: MI Zip: 48009 Telephone: (248) 647-8590 E-Mail: jai@igiawfirrn.com Submit the BEA report and this form to the MDEQ District Office for the county in which the property is located. An office map is located at www.michigan.00v/deorrd. 2 EQP 4025 (09/2015) CONTENTS OF BEA REPORT 1. Introduction and Discussion: a. Owner/operator information (name, address, etc.). b. Intended use of property (i.e., residential, institutional, industrial, gas station, commercial, etc.). c. Executive summary of All Appropriate Inquiry (AN) if available or a short summary of the findings and opinions of the AAI and the conditions indicative of releases or threatened releases of hazardous substances; or recognized environmental conditions identified in a Phase I Environmental Assessment. d. Any exceptions to, or deletions from, the All Appropriate Inquiry Rule 40 CFR 312 or ASTM El 527-13. e. Discussion of data gaps identified in the AA! or Phase I and how they affect this BEA. f. Discussion of the sampling completed, including the purpose and methods. If the data was not collected by the submitter or environmental professional, the demonstration that the data is reliable and relevant to define the conditions at the property. g. The general location(s) of the known contamination on the property including the environmental media affected. h. The basis for the conclusion that the property is a facility (Part 201) and/or a Property (Part 213). 2. Property Information a. Legal description of property. b. Survey map(s) (not aerial photos) accurately depicting the property boundaries, property tax ID(s), and, if applicable, parcel boundaries. If a legal description simply references a lot or plat, include a copy of the subdivision plat showing this property. A legal boundary survey by a licensed surveyor is required if the property covered by the BEA is greater or less than the legal property description(s). A legal survey is highly recommended when the property description is complex, has recently changed, multiple parcels are included in one BEA, or other situations where the exact property the BEA covers may be an issue when relying on the BEA for liability protection in the future. c. Scaled site map(s) (not aerial photos) with site structures, sample locations and depths, and detected contaminant concentrations. d. Scaled area map showing property in relation to surrounding area (such as topographic or aerial maps). e. Property location: Street/City/State/Zip. f. Spatial data required on form: County; CityNillagefTownship that is the governmental unit with jurisdiction; Town, Range, Section, Quarter and Quarter-Quarter Section; latitude and longitude coordinates including the information on how those were obtained. 3. Facility or Property Status a. Table listing the hazardous substances, CAS Number, concentrations, sample location(s) and depths, and media affected, that are known to exceed residential criteria at the property. b. Laboratory analytical data sheets and chain-of-custody documents. 4. Identification of the author of the BEA a. Name, qualifications as an environmental professional, company, contact information, etc. 5. All Appropriate Inquiry Report or ASTM Phase I Environmental Site Assessment a. The report must consider hazardous substances as defined by Section 20101(1)(y) and/or regulated substances as defined by Section 21303(g). 6. References (other than those already included in the AAI or Phase I Environmental Assessment). Please note that for submittal to the MDEQ, it is not necessary to re-copy entire MDEQ files that already exist in the district offices unless it is part of the AAI or Phase (document. Copying of pertinent information and a reference to the location of the complete information in the MDEQ file is acceptable. Example: include data tables in the BEA and provide the file name, report, and date of the supporting analytical report if it is known to be in the MDEQ file. 3 EQP 4025 (09/2015) Report Phase II Environmental Site Assessment Parcel 1, Parcel 5 and Parcel 9 Pontiac, Michigan Pontiac Center Investments, LLC c/o lshbia & Gagleard, P.C. 251 Merrill Street, 2nd Floor, Birmingham, Michigan 48009 September 6, 2017 NTH Project No. 62-170279-03 NTH Consultants, Ltd. 41780 Six Mile Road Northville, MI 48168 NTH Consultants, Ltd. 41 750 Six Mile Road Northville, Mi 48168 Infras.tnicture Engineering Phone: 24S-553-6300 and Environmenlal Services Fax: 248-324-5179 Pontiac Center Investments, LLC e/o Mr. Jeffrey A. Ishbia Ishbia & Gagleard, P.C. 251 Merrill Street, rd Floor Birmingham, Michigan 48009 September 6, 2017 NTH Project No. 62-170279-03 RE: Report on Phase II Environmental Site Assessment Parcel I, Parcel 5 and Parcel 9 Pontiac, Michigan Dear Mr. Ishbia: NTH Consultants, Ltd. (NTH) is pleased to submit this report on Phase II Environmental Site Assessment for the above referenced parcels. This study was peifontned in accordance with the scope of services outlined in our accepted proposal (NTH Proposal No. 62-170279-PHII) dated August 16, 2017. We appreciate the opportunity to assist you with this project. Should you have any questions or require additional information, please call us at 248-622-2740. Sincerely, NTH Consultants, Ltd. Cliff J. Andrews E3hushan C. Modi Project Manager Vice President CJA/BCM/mam Attachments PRO)162-17D/7P_Oagl.Wirl BLIS-5/G503CAOYM -0 9 06.P Hal-ESA-RPT,Eloc TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY 2.0 INTRODUCTION 3.0 SCOPE OF SERVICES 4.0 FIELD INVESTIGATION 5.0 SUBSURFACE DATA 6.0 ANAYTICAL TESTING 7.0 EVALUATION OF ANALYTICAL DATA 7.1 SOIL ANALYTICAL DATA Pate No. 1 2 4 4 5 6 7 7 7.2 GROUNDWATER ANALYTICAL DATA 8 8.0 CONCLUSIONS 9 9.0 LIMITATIONS 11 APPENDICES APPENDIX A: BORING LOCATION PLAN — PARCEL 1 BORING LOCATION PLAN — PARCEL 5 BORING LOCATION PLAN — PARCEL 9 APPENDIX B: LOG OF GEOPROBES — PARCEL I LOG OF GEOPROBES — PARCEL 5 LOG OF GEOPROBES — PARCEL 9 APPENDIX C: SUMMARY OF CHEMICAL ANALYSIS PARCEL 1 SUMMARY OF CHEMICAL ANALYSIS — PARCEL 5 SUMMARY OF CHEMICAL ANALYSIS — PARCEL 9 APPENDIX D: LABORATORY DATA 0:Vsotive PRCV62-170279_Cenlerpoint Illyineml73C0113'.00 I -090G-PHIT.ESA,RPT.d. 1.0 EXECUTIVE SUMMARY This report presents the results of a Phase II Environmental Site Assessment (ESA) for Parcels 1, 5 and 9 (collectively referred to as a property in this report) in Pontiac, Michigan. The property is comprised of the following parcels: Parce4 Identifier Current Featui.es Parcel 1 The parcel is located at 671 and 707 South Boulevard in Pontiac, Michigan and is approximately 8 acres in size. The parcel is an asphalt-paved parking lot with localized grass and gravel-covered areas, The parcel also includes portions of vacated Bradford and Tex Avenues. Parcel 5 The parcel is located at 531 Bradford Street in Pontiac, Michigan and is approximately 0.5 acres in size. The parcel contains a residential dwelling with attached garage and a detached garage that are surrounded by densely vegetated and gravel-covered areas. Parcel 9 The parcel is located at 525 Martin Luther King Jr. Boulevard in Pontiac, Michigan and is approximately 2 acres in size. The parcel contains a single-story church building, asphalt-paved parking lot, and landscaped and unimproved areas. The Phase II ESA was conducted to evaluate the recognized environmental conditions identified at the property during the recent Phase I ESAs. The Phase II study comprised of drilling soil borings, and collection and analysis of soil and groundwater samples. The results of analysis identified heavy metals in soil and groundwater samples above Michigan Department of Environmental Quality (MDEQ) — Part 201 generic residential cleanup criteria (GRCC). Thus, based upon these results, the property is a "facility" as defined by 1994 P.A. 451, Part 201, as amended. This Executive Summary should not be reviewed separately from the remainder of the report. The Executive Summary provides an overview and is not a substitute for a thorough review of the entire report. Of.Aotiv,t PRO.P62-170279_anterpoint Busi..V730.103500 -6906-P1111.13SA-RPT.doc 2.0 INTRODUCTION NTH Consultants, Ltd. (NTH) was retained by Pontiac Center Investments, LLC (PCI) to perform a Phase II Environmental Site Assessment (ESA) for Parcels 1, 5 and 9 parcels located in Pontiac, Michigan. These parcels are collectively referred to as a property in this report. The parcels comprising the property are discussed below. Parcel 1 The parcel is located at 671 and 707 South Boulevard in Pontiac, Michigan and is approximately 8 acres in size. The parcel is an asphalt-paved parking lot and contains localized grass and gravel covered areas, and vacated Bradford and Tex Avenues. NTH conducted a Phase I ESA at the parcel, and the results of that study were presented to PC1 in a report (NTH Project No. 62-170279-00) dated August 17, 2017. The Phase I ESA revealed following evidence of recognized environmental condition (REC): Presence of subsurface contamination at the adjacent sites with likelihood of migration of contamination via shallow groundwater on to the parcel. Parcel 5 The parcel is located at 531 Bradford Street in Pontiac, Michigan and is approximately 0.5 acres in size. The parcel contains a residential dwelling with attached garage and a detached garage that area surrounded by densely vegetated and gravel-covered areas. NTH conducted a Phase I ESA at the parcel, and the results of that study were presented to PCI in a report (NTH Project No. 62-170279-01) dated August 18, 2017. The Phase I ESA revealed following evidence of RECs: • Evidence of poor housekeeping and haphazard storage practices was observed at the parcel. Numerous abandoned vehicles, equipment, refuse items, leaking chemical containers, etc. were noted throughput the parcel and within the two garages. 0,AcEive FROM2-170279Senterpoint B.IncsA730`,03'01-090-6-P1311-FSA-RPT. c 2 • Historical aerial photographs depict evidence of surface disturbance or land scarring indicative of earthwork type activity. No precise details on this surface feature were readily available. Partially buried tires and refuse items were observed in the general area of the above discussed surface disturbance at the parcel. Parcel 9 The parcel is located at 525 Martin Luther King Jr. Boulevard in Pontiac, Michigan and is approximately 2 acres in size. The parcel contains a single-story church building, asphalt- paved parking lot, and landscaped and unimproved areas. NTH conducted a Phase I ESA at the parcel, and the results of that study were presented to PCI in a report (NTH Project No. 62-170279-02) dated August 21, 2017. The Phase I ESA revealed following evidence of REC: The parcel was occupied by series of apartment-type structures. It is unknown if the former structures had basements. If basements were present, then the environmental nature and origin of the backfill soil used during demolition activity are unknown. The objective of this Phase II ESA was to evaluate the above-identified RECs to the extent possible and where access was feasible. 0:1Active PROAG2.170279_Centerpoi,t Flu_si,ess'OCiTIT.00 I -0906.PETT-ESA.RPT,d,e. 3 3.0 SCOPE OF SERVICES The Phase II ESA comprised of the following tasks: • Soil borings were drilled to evaluate the Phase I ESA-identified RECs, and to facilitate the collection of soil and groundwater samples for analyses. • Soil samples were screened in the field for the presence of total volatile organic compounds (VOCs) using a portable photoionization detector (PID). • Representative soil and water samples were submitted to NTH's subcontracted laboratory for chemical analyses. • Information gathered during the Phase II ESA was evaluated and this report was prepared. 4.0 FIELD INVESTIGATION Fifteen geoprobe borings were drilled at the property on August 24, 2017 by Fibertec Environmental Services (FES) under the observation of Kalan Briggs and Hunter Riley of NTH. Specifically, six borings were drilled at Parcel 1, designated P1-1 through P1-6, four borings were drilled at Parcel 5, designated as P5-1 through P5-4, and five borings were drilled at Parcel 9, designated as P9-1, P9-2, P9-2A, P9-3 and P9-3A. The borings were drilled to depths of up to 16 feet. The borings were located at the approximate locations depicted on Boring Location Plans, Figures 1A, 1B and 1C in Appendix A. The geoprohe drilling technique involves mechanically driving or pushing a two-inch outside diameter stainless steel sampling tool, with a disposable clear acetate liner, to a desired sampling depth. This technique does not generate soil cuttings because the geoprobe rods push soils away from the rods as the tool string advances through the hole. The geoprobe 0:V1C PRG1162-170279_C'ultolyoinl Bmines_03.0.03 GO 1 41906 -PHTF-ESA.RPT_ doe - 4 - equipment/tools were steam-cleaned prior to use and between each successive boring location to minimize the possibility of cross-contamination. Upon completion of drilling activities and after collecting samples, the boreholes were backfilled with excavated soil and hydrated bentonite chips. Borings drilled within paved areas were topped with concrete patch. Soil samples retrieved from the borings were screened in the field with RAE Systems MiniRaeTM PID. The HD is capable of detecting total VOCs, which include many petroleum- related substances, to a detection level of one part per million (ppm). The field PID measurements on the soil samples are shown on the boring logs in Appendix A. As indicated, VOC readings ranged from less than the detection limit of the PID to about 6.8 ppm. 5.0 SUBSURFACE DATA Subsurface conditions observed in each boring are presented on the Log of Geoprobe Borings, Figures 2A, 2B and 2C in Appendix B. The stratification shown on the boring logs represents the approximate boundary between soil types; the actual transition may be more gradual. In addition, the soil layers are described based on field classification of observed soil samples. As such, the soil layer descriptions should be considered generalized. The subsurface conditions observed at the boring locations are presented below. Parcel 1 Up to 14 feet of sandy and clayey fill soil mixed with pieces of brick, coal, concrete, slag and wood. The fill soil is underlain by native clayey soil. Groundwater was encountered in borings P1-1 and PI -5 at depths of about 2 and 11.5 feet, respectively. Parcel 5 Up to 10 feet of sandy and clayey fill soil mixed with pieces of asphalt, concrete and wood. The fill soil is underlain by native clayey soil. Groundwater was encountered in boring P5-2 at a depth of about 8 feet. 0:Active PRO1462-170279_0antcrpoint RAncesV30\03S001-0906-141ll-ESA-RPT.doc - 5 - Parcel 9 Up to 7 feet of sandy and clayey fill soil mixed with pieces of coal and concrete. The fill soil is underlain by native clayey soil. Groundwater was encountered in boring P9-1 at a depth of about 6 feet. 6.0 ANALYTICAL TESTING Soil samples for analysis were selected based on the results of the field screening including visual and olfactory observations, and PID measurements. Groundwater samples were collected directly from the boreholes by installing a temporary well assembly. Due to insufficient amounts of water encountered at P1-1 and P5-2, water samples could not be collected. However, groundwater samples were collected from borings P1-5 and P9-1. Because of the high turbidity and suspended solids content in the water, a portion of the water samples for metal analyses were filtered in the field using disposable 0.45-micron filters prior to sample preservation. New well supplies and filters were used at each sample location to prevent cross contamination. The soil and groundwater samples were placed in laboratory-supplied containers and stored in coolers packed with ice. The samples were released to FES' laboratory in accordance with NTH's chain-of-custody procedures. The samples were analyzed for VOCs, polynuclear aromatics (PNAs), and the Michigan 10 metals (arsenic, barium, cadmium, chromium, copper, lead, mercury, selenium, silver and zinc). The soil samples for VOC testing were prepared in the field using Michigan-modified methanol preservation (EPA Method 5035). Laboratory data for the soil and water samples are included in Appendix D. PROA62-170279_C'entq,mt iltmlneu.930n03V101-0906.P1411-F.SA.12Ficloc - 6 - 7.0 EVALUATION OF ANALYTICAL DATA The soil and water analytical data were compared to the MDEQ-established generic residential cleanup criteria (GRCC) dated December 30, 2013, pursuant to 1994 P.A. 451, Part 201, as amended. 7.1 SOIL ANALYTICAL DATA The soil analytical results were compared to the Part 201 residential direct contact (DC) criteria, drinking water protection (DWP) criteria, groundwater/surface water interface protection (GSIP) criteria, soil volatilization to indoor air criteria (SVIIC), infinite source soil volatilization to ambient air criteria (VSIC), particulate soil inhalation criteria (PSIC), soil saturation concentration screening levels (SSCSL). The results of the metals analyses were also compared to the statewide default background (SWDB) concentrations as established by MDEQ (only if the concentration of the metal is above the SWDB, it is compared to the GRCC). The sample information and soil analytical data are summarized in the tables included in Appendix C. Volatile Organic Compounds (VU Cs) VOCs in the soil samples were either not detected above laboratory method detection limits (MDLs) or where detected, the reported levels were below Part 201 GRCC. Polynuclear Aromatics (PNAs) The PNAs in the soil samples were either not detected above laboratory MDLs or where detected, the reported levels were below Part 201 GRCC. 0,5Acfivc PROA62-1702.79_Centerpoint 031001-090G-PHII-ESA-RPT.d. - 7 - Heavy Metals The following heavy metals were detected in the soil samples above statewide default backgrounds and Part 201 GRCC: Metal "Saw* Lcieatioil S-1 of P1-2, S-2 of P5-1, S-I of P5-4, S-1 of P9-2A and S-1 of P9-3A Part 201 GRCCExceeded - DWP and GSTP Arsenic 5-2 of P1-3, S-1 ofP1-5, and S-1 of P5-2 D'WP, GSIP and DC Chromium S-2 of P5-1 and S-1 of P5-2 GS1P 7.2 GROUNDWATER ANALYTICAL DATA Water samples were collected for analysis from borings P1-5 and P9-1. The results of water analysis were compared to the Part 201 generic residential drinking water (DW) criteria, groundwater/surface water interface (GSI) criteria, groundwater contact criteria (GCC), and groundwater volatilization to indoor air (GVIIC) criteria. The sample information and water analytical data are summarized in the tables in Appendix C. Volatile Organic Compounds (VOCs) VOCs in the groundwater samples were not detected above laboratory MDLs. Polynuclear Aromatics (PNAs) PNAs in the groundwater samples were not detected above laboratory MDLs. Heavy Metals Metals in the groundwater samples were either not detected above laboratory MDLs or where detected, the reported levels were below Part 201 GRCC, except for the following: Metal , ample Location Part 201 GE.CC Exceeded Selenium P1-5 GST Lead P9-1 DW CIV1CLIVe PROM2-170279Scnterpoia1 Busines,S73m2Ano 141906.PHIT-ESA-RPT,doc 8 8.0 CONCLUSIONS NTI-Ps Phase II ESA at the property comprised of drilling of 15 geoprobe soil borings, and collection and analysis of soil and groundwater samples to evaluate the RECs identified during the Phase I ESAs. The following analyzed parameters were identified above Part 201 GRCC in the analyzed samples: Contaminant :CAS l',/o. SaimileLocAti..on : Media : Part 201 GRCC Exceeded : Arsenic 7440-38-2 S-1 of P1-2, S-2 of P5-1, S-1 of P5- 4, S-1 of P9-2A and S-1 of P9-3A Soil DWP and GSIP S-2 of P1-3, S-1 of P1-5, and S-1 of P5-2 DWP, GSLP and DC Chromium 7440-47-3 5-2 of P5-1 and S-1 of P5-2 Soil GSIP Lead 7439-92-1 W-1 of P9-1 Water DW Selenium 7782-49-2 W-1 of P1-5 Water GS1 Based on the above analytical data, all three parcels or the property is a 'facility" as defined by 1994 P.A. 451, Part 201, as amended. According to Section 20101(I)(s) of Part 201 of NREPA (1994 PA. 451, as amended), facility means any area, place, or property where a hazardous substance in excess of the concentrations that satisft the cleanup criteria for unrestricted residential use has been released, deposited, disposed of or otherwise comes to be located. PC1 intends to purchase the property. Thus, as a new owner, PO is eligible to submit a Baseline Environmental Assessment (BEA) report to MDEQ, provided this report is prepared within 45 days of acquiring the property. The BEA provides certain statutory protection to the new (non-liable) owners and operators of thefacility against existing subsurface contamination. OfActiruPRO.M162-] 70279_Centerpoirt Rusincs3730103 001-0996-PIIII-ESA-RPT.d. 9 Under Part 201, Section 741), a person or entity who owns or operates property and has knowledge that it is a 'facility" must do the following: Prevent exacerbation of the existing contamination. 2. Prevent unacceptable human exposure and mitigate fire and explosion hazards to allow for the intended use of the facility in a manner that protects the public health and safety. 3. Take reasonable precautions against the reasonably foreseeable acts or omissions of a third party. 4. Provide reasonable cooperation, assistance, and access to the persons that are authorized to conduct response activities at the property. 5. Comply with any land use or resource use restrictions established or relied on in connection with the response activities. 6. Not impede the effectiveness or integrity of any land use or resource use restriction. Thus, a due care plan or guidelines meeting above objectives is recommended for the property once the future development plans are formalized. 0;V,clivc FRUP, 61-110279Senterpo int Buy incsit730403V301-0906-PIIII-ESA,RPT.doe - 10 - 9.0 LIMITATIONS The evaluations and conclusions presented in this report have been made to assist PC1 in making a reasonable assessment of risk with respect to subsurface contamination at the property from the RECs identified during NTH's Phase I ESA. Considering the limited scope of the present investigation, data collection and testing, our findings should not be construed as absolute certainties, but rather as probabilities based on our professional judgment. NTH Consultants, Ltd. cannot offer any form of warranty or guarantee with respect to the type and extent of hazardous substances on the property, other than those identified and discussed in this report. This report is for the use and benefit of, and may be relied upon by Pontiac Center Investments, LLC, and any of their respective affiliates, successors and assigns, in connection with a commercial real estate transaction involving the subject property, and in accordance with the terms and conditions in place between NTH and PCI for this project. This report presents NTH' s opinion of the property as of the report's publication date, based on the results of this study and on the information provided during the course of the study. The results of this study may not be relied upon by parties other than those identified above without the prior knowledge and written consent of NTH. For the avoidance of doubt, the parties' respective assigns is intended to include any lending institutions or lenders in connection with a secured financing of the subject property, and their respective successors and assigns. Any authorized third party agrees by accepting this report that any use or reliance on this report shall be limited by the exceptions and limitations in this report, and with the acknowledgment that actual site conditions may change with time, and that hidden conditions may exist at the property that were not discovered within the authorized scope of the assessment. WActive.PROP.62-170-279_Centerpoint Busint.0.730 \OP.00I-0906-PliTI-FSA.RPT.cloo Any use by or distribution of this report to any unauthorized third parties, without the express written consent of NTH is at the sole risk and expense of such third party. In the absence of a written agreement with NTH granting such rights, no third parties shall have rights of recourse or recovery whatsoever under any course of action against NTH or its officers, employees, vendors, affiliates successors or assigns. Any such unauthorized user shall be responsible to protect, indemnify and hold NTH and its respective officers, employees, vendors, affiliates, successors and assigns harmless from any and all claims, damages, losses, liabilities, expenses including attorneys' fees and costs attributable to such use. Unauthorized use of this report shall constitute acceptance of and commitment to these responsibilities, which shall be irrevocable and shall apply regardless of the cause of action or legal theory pled or asserted. ONtetive PROM2-170279_Centerpoirt Buiness1730 03V)0I-0 -906-PIIIE-ESA-WF.dou - 12- APPENDIX A BORING LOCATION PLAN - PARCEL 1 BORING LOCATION PLAN - PARCEL 5 BORING LOCATION PLAN - PARCEL 9 MIME: LEGEND PROPERTY BOUNDARY FENCE TRANSFORMER GRASS-COVERED • P1-3 BORING LOCATION s- II fl0 M ORING LOCATION PLAN .P1-6 FORMER BRADFORD AVENUE FORMER TEX AVENUE .P1-1 ASPHALT-PAVED PARKING LOT-\ P1-2 707 SOUTH BOULEVARD •P1-4 SOUTH BOULEVARD 0 50 100 SCALE NTH Consultants, Ltd. NOTE: LOCATIONS AND DIMENSIONS ARE 1A APPROXIMATE. NOT A LEGAL SURVEY. NOLLVD01 ONNO8 A2017\ 62 \170279\produotiort who've nankolate‘draft\170270—bi4rq PtS1141 N/221/2017 by Ichiggr ACCESS ROAD TO CENTRAL TRANSPORT TRUCKING M —L. 2 x RI 03 BORING LOCATION PLAN taa PROJECT Hod 62-170279-03 CO RE NNE, 170279-8LP 111114 W NTH Consultants, Ltd. Infrastructure Engineering and Environmental Servfces 1:1311ME0 MR KM 8 s ig/2m7 PARCEL 5 PROPERTY 531 BRADFORD STREET PONTIAC, MICHIGAN Won int KM8 VOW SCALE 1 . = 40' 0£1::PM Ert, WA mrill,517 NOL1V001 ON1608 6311404SW/1. AVON1108 MillSGI3N3 eilLScinfla 0 rn 2017 \ B2\170279 VooduistIon ims'iord Hamm 8101Adraft\,170270-b1p.dop Plattadi B/28/2017 by kbrIggs MARTIN LUTHER KING JR. BOULEVARD M ......L. E 71 I.11 0 BORING LOCATION PLAN NTH PROEM Nos 62-170279-03 PO FIE limo 170279—BLP IST.1 Rgl NTH Consultants, Ltd, Infrastructure Engineering and Environmental Services MIMEO ern KMB 872/2017 PARCELS PROPERTY 525 MARTIN LUTHER KING JR. BOULEVARD PONTIAC, MICHIGAN UMW MI KMB DRAM° 208.e 1' .. 40' CHIMEI 111: CiJA PrA,R117 APPENDIX C SUMMARY OF CHEMICAL ANALYSIS - PARCEL 1 SUMMARY OF CHEMICAL ANALYSIS - PARCEL 5 SUMMARY OF CHEMICAL ANALYSIS - PARCEL 9 Table 1: SUMMARY OF SOIL ANALYSES Parcel 1 NTH Project No. 62-170279-03 Sample Designation Sample Depth (ft) Collect Date Michigan 10 Metals PNAs '. 7440-38-2 q . 7440-39,3 7440-43-9 k4 Chromium, Total e, .`ai 8 • 7440-50-8 a T 7439-92,1 • 7782-49-2 .E 7440-65-6 m . P.i E 2 q's. P2 56-55-3 m . .-F-25 FA 50-32-8 . m = m ... B FY P'71' 205-99-2 2 Ls 205-44-0 a) 2 'E. 85-01-8 Ri (ig Pyrena g P1-1 0-2 P1-2 0-1 P1-3 S-2 P1-4 5-1 P1-5 5-1 P1-6 5-1 (2' - 3.) (0.5' - 1.5') (5.5' - 7,5') (0.5' - 2.5') (1.5' - 3.5') 0.25'- 1.5 8/24/2017 8/2412017 8/2412017 8/24/2017 8/24/2017 8)24/2017 3,300 6,300 11,005 5,100 7,700 4,200 13,000 25,000 48,000 41,000 47,000 11,000 75 190 160 260 270 160 8,200 8,000 17,000 13,000 11,000 5,900 5,600 9,700 14,000 15,009 34,000 8,200 4,400 10,000 7,900 20,000 29,000 4,500 <200 <200 310 240 280 <200 17,000 28,090 38,000 43,000 52,000 27,000 <330 <330 <330 <330 <330 560 <330 <330 <330 <330 <330 330 <330 <330 <330 <330 <330 430 <330 <330 <330 <330 <330 950 <330 <330 <330 <330 <330 850 <330 <330 <330 <330 <330 550 PART 201 RESIDENTIAL SOIL CLEANUP CRITERIA SENDS DWP GSIP SVIIC VSIG VSIC 5M VSIC 2M PSIC DC SSCSL 5,800 4,600 4,600 NLV MN NLV FILM 7.2E+06 7,600 NA 76,000 1.3E+06 4.4E+05(G: FILM NLV NLV NLV 3.3E+08 3.7E+07 NA 1,200 8,000 3,000(G,X) NLV NLV NLV NLV 1.7E+06 5.5E+05 NA 18,000 30,000 3,300 FILM NLV FILM NLV 2.6E+05 2.5E+06 NA 32,000 5.8E+06 73,000(G) NLV NLV FILM NLV 1.3E+08 2.0E+07 NA 21,000 7.0E+06 2.5E+06(G,X) NL1/ FILM NIA/ NIA/ 1.0E+08 4.0E+05 NIA 410 4,000 400 FILM FILM NLV FILM 1.3E+08 2.6E+06 NA 47,000 2.4E+05 1.70E+05 FILM FILM NLV NLV [0 1.7E+08 NA NA NLL FILL NLV FILM FILM FILM 10 20,000 NA NA NLL FILL FILM NILV FILM FILM 1.5E+05 2,000 NA NA FILL FILL ID ID ID ID 10 20,000 NA NA 7.35+05 5,500 1.0E+09 7.4E+08 7.4E+08 7.4E+08 9.3E+09 4.5E+07 NA NA 56,000 2,100 2.8E+06 1.5E+05 1.6E+05 1.5E+05 6.7E+06 1.5E+06 NA NA 4.0E+05 ID 1.0E+09 5-5E+08 5.5E+08 5.5E+08 6.7E+09 2.9E+07 NA NOTES: [1] PART 201 CRITERIA EFFECTIVE DATE: DECEMBER 30, 2013 12] SAMPLES COLLECTED BY NTH CONSULTANTS PERSONNEL AND ANALYZED EY FIBERTEC ENVIRONMENTAL SERVICES OF BOLT, MICHIGAN. I] ALL VALUES PRESENTED AS p0/KG - MICROGRAMS PER KILOGRAM (-FARTS PER BILLION). [4] ID - INADEQUATE DATA TO DEVELOP CRITERION [E] NLV- CHEMICAL IS NOT LIKELY TO VOLATILIZE LINDER MOST CONDITIONS [6] ND - NOT DETECTED ABOVE LABORATORY REPORTED METHOD DETECTION LIMITS [7] SWDB - STATE-WIDE DEFAULT BACKGROUND [8] DWP - RESIDENTIAL DRINKING WATER PROTECTION CRITERIA [9] GSIP - GROUNDWATER / SURFACE WATER INTERFACE PROTECTION CRITERIA. [10] SUM -SOIL VOLATILIZATION TO INDOOR AIR INHALATION CRITERIA. [11] VSIC - VOLATILE SOIL INHALATION CRITERIA (AMBIENT AIR; INFINITE SOURCE). [12] VSIC 5M - FINITE VSIC FORE METER SOURCE THICKNESS [13] VSIC 2M - FINITE VSIC FOR 2 METER SOURCE THICKNESS [14] PSIC - PARTICULATE SOIL INHALATION CRITERIA [16] DC - DIRECT CONTACT CRITERIA [16] SSCSL - SOIL SATURATION CONCENTRATION SCREENING LEVELS [17] (0)-AQUATIC TOXICITY IS PROPORTIONAL TO WATER HARDNESS AND/OR pH OF THE RECEIVING SURFACE WATER; THESE GSI VALUES HAVE BEEN CALCULATED BASED ON DEFAULT WATER HARDNESS OF 150 PPM AS REASONABLE ESTIMATE FOR MOST SURFACE WATER BODIES IN MICHIGAN. X-THE GSI CRITERION LISTED MAY NOT BE PROTECTIVE FOR SURFACE WATER THAT IS USED AS A DRINKING WATER SOURCE FOR SOIL THAT MAY LEACH AND RESULT IN A IN CLOSE GROUNDWATER DISCHARGE TO THE GREAT LAKES AND THEIR CONNECTING WATERS OR DISCHARGE IN CLOSE PROXImn TO A WATER SUPPLY INTAKE IN INLAND SURFACE WATERS. THE GENERIC GSI CRITERION WOULD BE THE RESIDENTIAL DWP LISTED IN THE TABLE - REPORTED CONCENTRATION EXCEEDS ONE OR MORE APPLICABLE PART 201 CRITERIA [18] [19] 1 of 2 Table 2: SUMMARY OF WATER ANALYSES Parcel 1 NTH Project No. 62-170279-03 Sample Designation Collect Date Michigan 10 Metals z u) 7782-49-2 P1-5 W-1 (11.5') 8/24/2017 5,3 PART 201 RESIDENTIAL GROUNDWATER CLEANUP CRITERIA DW GS! GVIIC WS FESL 50 5.0 NLV NA ID NOTES: [1] PART 201 CRITERIA EFFECTIVE DATE: DECEMBER 30, 2013 [2] SAMPLES COLLECTED BY NTH CONSULTANTS PERSONNEL AND ANALYZED BY EIBERLEC ENVIRONMENTAL SERVICES OF HOLT, MICHIGAN. [3] ALL VALUES PRESENTED AS LiG/I.- MICROGRAMS PER LITER PARTS PER BILLION). [4] NO - NOT DETECTED AT OR ABOVE LABORATORY REPORTED METHOD DETECTION LIMIT (SEE LABORATORY DATA REPORT FOR PARAMETER/SAMPLE SPECIFIC DETECTION LIMITS). [5] ID - INADEQUATE DATA TO DEVELOP CRITERION [61 NLL - CHEMICAL IS NOT LIKELY TO LEACH UNDER MOST SOIL CONDITIONS, ET] NLV - CHEMICAL IS NOT LIKELY TO VOLATILIZE UNDER MOST CONDITIONS. [8] OW - CONCENTRATION IN GROUNDWATER, IF NOT EXCEEDED, IS CONSIDERED SAFE FOR EXPOSURE. [9] 551 - PRESENTED ONLY TO ESTA2 LISH GROUNDWATER CRITERIA WHICH ARE PROTECTIVE OF SURFACE WATER, [101 GVIIC - GROUNDWATER VOLATILIZATION TO INDOOR AIR INFIALAIION CRITERIA. [11] WS-WATER SOLUBILITY [12] FEST- FLAMMABILITY AND EXPLOSIVITY SCREENING LEVEL 13) (G)-AQUATIC TOXICITY IS PORPORTIONAL TO WATER HARDNESS AN DIOR pH OF THE RECEIVING SURFACE WATER THESE 551 VALUES HAVE BEEN CALCULATED BASED ON DEFAULT WATER HARDNESS OF 150 PPM AS [ REASONABLE ESTIMATE FOR MOST SURFACE WATER BODIES IN MICHIGAN. (X)- THE 351 CRITERION LISTED MAY NOT BE PROTECTIVE FOR SURFACE WATER THAT IS USED AS A DRINKING WATER SOURCE, FOR SOIL THAT MAY TEACH AND RESULT IN A IN CLOSE GROUNDWATER DISCHARGE TO THE [14] GREAT LAKES AND THEIR CONNECTING WATERS OR DISCHARGE IN CLOSE PROXIMITY TO A WATER SUPPLY INTAKE IN INLAND SURFACE WATERS, THE GENERIC GSI CRITERION WOULD BE THE RESIDENTIAL DWP LISTED IN THE TABLE. 51 - REPORTED CONCENTRATION EXCEEDS ONE OR MORE APPLICABLE FART 201 CRITERIA 2 of 2 Table 1: SUMMARY OF SQL ANALYSES Parcel 5 NTH Project No. 62-170279-03 Sample Designation Sample Depth (ft) Collect Date Michigan 10 Metals VOCS PNAs E 7440-38-2 E 7440-39-3 G = 7440-43-9 Chromium, Total 8 .. 7440-50-8 < -0 7439-92-1 Sc) Mercury, Total cr) 7782-49-2 0 7440-68-6 S 0 c '''' .c A Csi - 526-73-8 0 3 1,2,4-Trimethylbenzone 01 2 1 :a ' n. =, .z M CV 91-57-6 d, c to cu 0- 85-01-8 P5-1 S-2 P5-2 S-1 P5-2 S-2 P5-4 S-1 (5' - 7') (0' - 1.5) (7' - 8') (3' - 5') 8/24/2017 8/24/2017 8/24/2017 8/24/2017 6,800 8,600 5,300 6,700 72,000 55,000 32,000 49,000 730 290 130 130 20,000 20,000 12,000 16,000 17,000 24,000 13,000 16,000 100,000 19,000 5,200 9,400 64 $3 <50 <50 310 390 <200 210 120,000 76,000 31,000 42,000 <100 100 <100 <100 <100 140 <100 <100 <330 770 <330 <330 <330 480 <330 <330 PART 201 RESIDENTIAL SOIL CLEANUP CRITERIA SWIDI3 DVVP GSIP SviIC VSIC VSIC 5M VSIC 2M PSIC DC SSCSL 5,800 4,600 4,600 NLV NLV NLV NLV 7.2E+05 7,600 NA 75,000 1.3E+06 4.4E+5(G) NLV NLV NLV NLV 3.35+08 3.7E+07 NA 1,200 6,000 3,000(G,X) NLV NLV NLV NLV 1.7E+06 5.5E+05 NA 18,000 30,000 3,300 NLV NLV NLV NLV 2.6E+05 2.5E+06 NA 32,000 5.8E+06 73,000(G) NLV NLV NLV NLV 1.3E+08 2.0E+07 NA 21,000 7.0E+05 2.5E+6(0,X) NLV NLV NLV NLV 1.0E+08 4.0E+05 NA 130 1,700 50 48,000 52,000 52,000 52,000 2.0E+07 1.6E+05 NA 410 4,000 400 NLV NLV NLV NLV 1.3E+06 2.6E+06 NA 47,000 2,4E+06 1.7E+5(G) NLV NLV NLV NLV 10 1.7E+08 NA NA NA NA NA NA NA NA NA NA NA NA 2,100 570 4.3E+06 2.1E+07 5.0E+08 5.0E+08 8.2E+10 3.2E+07 1.1E+05 NA 57,000 4,200 2.7E+06 1.5E+06 1.5E+06 1.5E+06 6.7E+08 8.1E+06 NA NA 56,000 2,100 2.8E+06 1.6E+05 1.3E+05 1.6E+05 6.7E+06 1.6E+06 NA NOTES: )1) PART 201 CRITERIA EFFECTIVE DATE: DECEMBER 30, 2013 SAMPLES COLLECTED BY NTH CONSULTANTS PERSONNEL AND ANALYZED BY FIBERTEC ENVIRONMENTAL SERVICES OF HOLT, MICHIGAN. ALL VALUES PRESENTED AS pG/KG- MICROGRAMS PER KILOGRAM (- PARTS PER BILLION). ID - INADEDUATE DATA TO DEVELOP CRITERION NLV - CHEMICAL IS NOT LIKELY TO VOLATILIZE UNDER MOST CONDITIONS ND - NOT DETECTED ABOVE LABORATORY REPORTED METHOD DETECTION LIMITS SWDB - STATE-WIDE DEFAULT BACKGROUND (81 DWP - RESIDENTIAL DRINKING WATER PROTECTION CRITERIA 191 GSIP - GROUNDWATER / SURFACE WATER INTERFACE PROTECTION CRITERIA. [1DI SVIIC - SOIL VOLATILIZATION TO INDOOR AIR INHALATION CRITERIA, [11] VSIC -VOLATILE SOIL INHALATION CRITERIA (AMBIENT AIR; INFINITE SOURCE). [121 VSIC FINITE VSIC FOR 5 METER SOURCE THICKNESS [131 VSIC 2M - FINITE VSIC FOR 2 METER SOURCE THICKNESS 1141 PSIC - PARTICULATE SOIL INHALATION CRITERIA 1151 DC - DIRECT CONTACT CRITERIA [15] SSCSL - SOIL SATURATION CONCENTRATION SCREENING LEVELS 117] (G)-ADUAT1C TOXICITY IS PROPORTIONAL TO WATER HARDNESS AND/OR pH OF THE RECEIVING SURFACE WATER; THESE TEl VALUES HAVE BEEN CALCULATED BASED ON DEFAULT WATER HARDNESS OF 160 PPM AS REASONABLE ESTIMATE FOR MOST SURFACE WATER BODIES IN MICHIGAN, X-THE GSI CRITERION LISTED MAY NOT 61E PROTECTIVE FOR SURFACE WATER THAT IS USED AS A DRINKING WATER SOURCE FOR SOIL THAT MAY LEACH AND RESULT IN A IN CLOSE GROUNDWATER DISCHARGE TO THE GREAT LAKES AND THEIR CONNECTING WATERS OR DISCHARGE IN CLOSE PROXIMITY TO A WATER SUPPLY INTAKE IN INLAND SURFACE WATERS, THE GENERIC GSI CRITERION WOULD BE THE RESIDENTIAL DWP LISTED IN THE TABLE. [19] - REPORTED CONCENTRATION EXCEEDS ONE OR MORE APPLICABLE PART 201 CRITERIA [2] L.31 [4] [51 C71 1 of 1 Table 1: SUMMARY OF SOIL ANALYSES Parcel 9 NTH Project No. 62-170279-03 Sample Designation Sample Depth (ft) Collect Date Michigan 10 Metals SVOCs / PNAs ,L2 ,i) ka 7440-38-2 7440-39,3 E . c.) 7440,43-9 Chromium, Total . 0 7440-50-8 E 3 7439-92-1 E i 7732-49-2 •E NI 7440-66-6 E 8 E z 5_ 5 .5.. ,or E, co 56-56-3 Benzo(a)pyrene 0, Benzo(b)fluoranthene a, 0 E a-, ap, co 191-24-2 6 Benzo(k)fluoranthene Co :rg" o 218-01-9 C -'' El 0 LL 206-44-0 C 0 E ›, a. cr,.. ,..., t 193-39-5 Es_ n_ 120-00-0 P9-1 8-2 P9-2A 8-1 P9-3A S-1 (5 - 6') (1' - 3') (0.5 - 2') 8/24/2017 8/24/2017 8/24/2017 2,200 5,900 6,800 39,000 50,000 32,000 67 230 180 16,000 15,000 11,000 9,400 Thom 12,000 8,000 28,000 22,000 230 330 250 30,000 54,000 38,000 <330 <330 560 <330 <330 900 <330 <330 1,400 <330 <330 1,400 <330 <330 480 <330 <330 530 <330 530 860 <330 <330 1,100 <330 580 790 PART 201 RESIDENTIAL SOIL CLEANUP CRITERIA SSCSL SWDB DWP GSIP SVI IC VSIC VSIC 5M VSIC 2M PSI C DC 5,600 4,600 4,600 NLV NLV NLV NLV 7.2E+05 7,600 NA 75,000 1.3E+06 4.4E+05(G) NLV NLV NLV NLV 3.3E+03 3.7E+07 NA 1,200 6,000 3,000(8)) NLV NLV NLV NLV 1.7E+06 5,5E+05 NA 18,000 30,000 3,300 NLV NLV NLV NLV 2.6E+05 2.5E+06 NA 32,000 5.8E+06 73,000(3) NLV NLV 09-V NLV 1.3E+03 2.0E+07 NA 21,000 7.0E+05 2.5E+06(G,X) NLV NLV NLV NLV 1.0E+08 4.0E+05 NA 410 4,000 400 NLV NLV NLV NLV 1.3E+06 2.6E+06 NA 47,000 2.4E+06 1.76+05(3' NLV NLV NLV NLV ID 1.7E+08 NA NA NLL NLL NLV NLV NLV NLV ID 20,000 NA NA NLL NLL. NLV NLV NLV NLV 1,5E+06 2.000 NA _ NA NLL NLL ID ID ID ID ID 20,000 NA NA NLL NLL NLV NLV NLV NLV 8.0E+03 = 2.5E+06 NA NA NLL NLL NLV NLV NLV NLV ID 2.0E+05 NA NA NLL N1.L ID ID ID ID ID 2.0E+06 NA NA 7.3E+05 5,500 1.0E+09 7.4E+08 7.4E+08 7.4E+08 9.3E+09 4.6E+07 NA NA NLL NLL NLV NLV NLV NLV ID 20,000 NA I NA 4.8E+05 ID 1.0E+09 6.5E+08 6.5E+08 6.5E+03 6.7E+09 2.9E+07 NA NOTES: PART 201 CRITERIA EFFECTIVE DATE: DECEMBER 30, 2013 SAMPLES COLLECTED BY NTH CONSULTANTS PERSONNEL AND ANALYZED BY EIBERTEO ENVIRONMENTAL SERVICES OF HOLT, MICHIGAN. ALL VALUES PRESENTED AS p G/KG - MICROGRAMS PER KILOGRAM PARTS PER BILLION). ID - INADEQUATE DATA TO DEVELOP CRITERION NLV - CHEMICAL IS NOT LIKELY TO VOLATILIZE UNDER MOST CONDITIONS ND NOT DETECTED ABOVE LABORATORY REPORTED METHOD DETECTION LIMITS SWDB - STATE-WIDE DEFAULT BACKGROUND DWP - RESIDENTIAL DRINKING WATER PROTECTION CRITERIA GSIP - GROUNDWATER / SURFACE WATER INTERFACE PROTECTION CRITERIA. SVIIC - SOIL VOLATILIZATION TO INDOOR AIR INHALATION CRITERIA. VSIC -VOLATILE SOIL INHALATION CRITERIA (AMBIENT AIR; INFINITE SOURCE). VSIC EM - FINITE VSIC FOR 5 METER SOURCE THICKNESS VSIC 2M - FINITE VSIC FORE METER SOURCE THICKNESS PSIC - PARTICULATE SOIL INHALATION CRITERIA DC - DIRECT CONTACT CRITERIA SSCSL - SOIL SATURATION CONCENTRATION SCREENING LEVELS (G)-AQUATIC TOXICITY IS PROPORTIONAL TO WATER HARDNESS AND/OR pH OF THE RECEIVING SURFACE WATER; THESE 051 VALUES HAVE BEEN CALCULATED BASED ON DEFAULT WATER HARDNESS OF 150 PPM AS REASONABLE ESTIMATE FOR MOST SURFACE WATER BODIES IN MICHIGAN. X,THE GSE CRITERION LISTED MAY NOT BE PROTECTIVE FOR SURFACE WATER THAT IS USED AS A DRINKING WATER SOURCE FOR SOIL THAT MAY LEACH AND RESULT IN A IN CLOSE GROUNDWATER DISCHARGE TO THE GREAT LAKES AND THEIR CONNECTING WATERS OR DISCHARGE IN CLOSE PROXIMITY TO A WATER SUPPLY INTAKE IN INLAND :1 lorurr wAT7RVDPE'O'COTCETrirWrISV2IXICEOTO'a'OraYraIIPTIOA7CE]=2,InoTC"iiHiiIT, 'I Of 2 Table 2: SUMMARY OF WATER ANALYSES Parcel 9 NTH Project No. 62-170279-03 Sample Designation Collect Date Michigan 10 Metals , CD 0_ 0_ 8 7440-50-8 13 CO a) _, 7439-92-1 P9-1 W-1 (6.0') 8/24/2017 9.4 4.2 PART 20-I RESIDENTIAL GROUNDWATER CLEANUP CRITERIA DW GS] GVIIC WE FESL 1,000 13(G) NLV NA ID 4 14(G,X) NLV NA ID PART 201 CRITERIA EFFECTIVE DATE: DECEMBER 30, 2013 SAMPLES COLLECTED BY NTH CONSULTANTS PERSONNEL AND ANALYZED BY FIBERTEC ENVIRONMENTAL SERVICES OF HOLT, MICHIGAN. ALL VALUES PRESENTED AS pG/I.,- MICROGRAMS PER LITER (--= PARTS PER BILLION). ND NOT DETECTED AT OR ABOVE LABORATORY REPORTED METHOD DETECTION LIMIT (SEE LABORATORY DATA REPORT FOR PARAMETER/SAMPLE SPECIFIC DETECTION LIMITS). ID - INADEQUATE DATA TO DEVELOP CRITERION NLL- CHEMICAL IS NOT LIKELY TO LEACH UNDER MOST SOIL CONDITIONS. NLV - CHEMICALS NOT LIKELY TO VOLATILIZE UNDER MOST CONDITIONS. DW - CONCENTRATION IN GROUNDWATER, IF NOT EXCEEDED, IS CONSIDERED SAFE FOR EXPOSURE GSI - PRESENTED ONLY TO ESTABLISH GROUNDWATER CRITERIA WHICH ARE PROTECTIVE OF SURFACE WATER. GVIIC - GROUNDWATER VOLATILIZATION TO INDOOR AIR INHALATION CRITERIA, WS - WATER SOLUBILITY FESL- FLAMMABILITYAND EXPLOSIVITY SCREENING LEVEL (3)-AQUATIC TOXICITY IS PORPORTIONAL TO WATER HARDNESS AND/OR pH OF THE RECEIVING SURFACE WATER; THESE GS] VALUES HAVE BEEN CALCULATED BASED ON DEFAULT WATER HARDNESS OF 150 PPM AS REASONABLE ESTIMATE FOR MOST SURFACE WATER BODIES IN MICHIGAN. ())- THE 051 CRITERION LISTED MAY NOT BE PROTECTIVE FOR SURFACE WATER THAT IS USED AS A DRINKING WATER SOURCE, FOR SOIL THAT MAY LEACH AND RESULT IN A IN CLOSE GROUNDWATER DISCHARGE TO THE GREAT LAKES AND THEIR CONNECTING WATERS OR DISCHARGE IN CLOSE PROXIMITY TO A WATER SUPPLY INTAKE IN INLAND SURFACE WATERS, THE GENERIC 351 CRITERION WOULD SE THE RESIDENTIAL DWI, LISTED IN THE TABLE. - REPORTED CONCENTRATION EXCEEDS ONE OR MORE APPLICABLE PART 201 CRITERIA NOTES: 1] 2] 3] 61 r77 BI [10] [V] [12] [13] [14] [15] 2 of 2 ec environmental. consulting solutions Due Care Plan Commercial Office Building 585 South Boulevard East Pontiac, Michigan 48341 ECS Project 5105-0001 June 8,2017 Prepared for: Pontiac Center Investment, LLC 251 Merrill Street, Suite 212 Birmingham, Michigan 48009 Attn: Mr Jeffrey A. Ishbia Prepared by: Environmental Consulting Solutions, LC 523 W Sunnybrook Drive, Royal Oak, Michigan 48073 www.environmentalconsultingsolutions.corn Due Care Plan June 8, 2017 585 South Boulevard East ECS Project S705-0001 Pontiac, Michigan Page 1 of 13 CONTENTS Section Page 1.0 INTRODUCTION 1 2.0 PROPERTY DESCRIPTION AND REQUIRED DOCUMENTATION 1 2.1 Property Description 1 2.2 Current and Future Use 2 2.3 Required Documentation 2 3.0 HAZARDOUS SUBSTANCE INFORMATION AND RELEVANT EXPOSURE PATHWAYS 3 3.1 1995 Phase]] ESAs 3 3.2 2007 Limited Phase II ESA 3 3.3 Potential Exposure Pathways 5 3.4 Hazardous Substances Identified 7 4.0 DUE CARE COMPLIANCE 7 4.1 Exacerbation 7 4.2 Due Care 8 4.3 Reasonable Precautions 9 4.4 Provide Cooperation, Assistance and Access 10 4.5 Comply with Deed Restrictions 11 4.6 Impeding Land or Resource Use Limitations 11 5.0 COMPLIANCE WITH NOTIFICATION REQUIREMENTS 11 5.1 Abandoned or Discarded Containers (Rule 1015) 11 5.2 Potential for Offsite Migration (Rule 1017) 12 5.3 Fire and Explosion Hazard (Rule 1019) 12 6.0 SUMMARY OF DUE CARE COMPLIANCE 12 Tables 1. Summary of Required Documentation 2 2. Summary of Relevant and Complete Pathways for Evaluating Unacceptable Exposure 6 3. Contaminants Exceeding Non-Residential Cleanup Criteria and Screening Levels 7 Figures (behind Figures tab) 1. Site Location 2. Aerial Site Map 3. Soil Boring Location Map Appendices A CITIZEN'S GUIDE FOR DUE CARE B BUREAU VERITAS BEA SUMMARY TABLES - 2007 Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 2 of 13 1.0 INTRODUCTION Environmental Consulting Solutions, LLC (ECS) has prepared this Due Care Plan (DCP) for the property located at 585 South Boulevard East in Pontiac, Michigan. This plan was prepared to assist the owner and operator to comply with Section 20107a of Act 451, 1994, as amended, and the Administrative Rules for "Compliance with Section 20107a of Act 451." A copy of the Citizen's Guide for Due Care is included as Appendix A. The subject property is developed with a large three-story office building situated on approximately 50 acres. The subject property is classified as a "facility" because soil contamination has been detected at concentrations exceeding generic residential cleanup criteria published by the Michigan Department of Environmental Quality (MDEQ). In accordance with Part 201 of Michigan Public Act (P.A.) 451, 1994, as amended, a "facility" is any area, place, or property where a hazardous substance in excess of generic residential cleanup criteria "has been released, deposited, disposed of, or otherwise comes to be located." Pontiac Center Investment, L.L.C. prepared a Baseline Environmental Assessment (BEA) in accordance with Section 20126(1)(c) of Act 451 and is not liable for existing contamination; however, the new owner and operator must comply with "due care obligations." Due care obligations are legally enforceable responsibilities of persons who have knowledge that their property, or any area of their property, is a "facility." The owner and operator are responsible for ensuring that: • Their actions do not exacerbate existing contamination. • The intended use of the property will not result in unacceptable exposures to hazardous substances. • They take reasonable precautions with regard to acts of third parties. • They provide reasonable cooperation, assistance, and access to persons authorized to conduct response activities (if required) • They comply with land or resource use restrictions (if any) • They do not impede the effectiveness or integrity of land or resource use restrictions (if any) • Notifications (if necessary) are submitted to MDEQ and others. 2.0 PROPERTY DESCRIPTION AND REQUIRED DOCUMENTATION 2.1 Property Description The subject property consists of one 50.488-acre parcel of land located at 585 South Boulevard East in Pontiac, Oakland County, Michigan. Refer to Figure 1 for a Site Location Map. Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5705-0001 Pontiac, Michigan Page 3 of 13 The three-story office building has 660,000 square feet of floor space and is surrounded by paved driveways and parking lots. The remainder of the property is landscaped, used for storm water detention, or is maintained as an easement for high-voltage transmission lines. A total of three asphalt paved parking lots (totaling 991,788 square feet with 2,650 parking spaces) surround the office building, with concrete paved drives extending from Martin Luther King, Jr. Boulevard, Bradford Street, and South Boulevard. Refer to Figure 2 for an Aerial Site Map. 2.2 Current and Future Use The subject property is utilized as a commercial office building and currently has a single commercial tenant (Hewlett Packard). The future use is expected to remain essentially the same but may be converted for multi-tenant use. 2.3 Required Documentation This plan is intended to demonstrate how the owner can comply with the "due care obligations" published in Section 20107a of Act 451 and the administrative rules. In accordance with Rule 1003(5), a person shall maintain documentation of compliance with Section 20107a and shall provide the documentation to MDEQ upon request. For compliance with Rule 1003(5a), the owner and operator are required to maintain the following required documentation summarized in Table 1. The owner and operator should maintain and use this Plan to assist with documenting compliance with its obligations. TABLE 1 Summary of Required Documentation for Compliance with Section 20107a Required Documentation (Rule 1003[5a1) Demonstration of Compliance information regarding the type and concentration of hazardous substances to which persons may be exposed A list of hazardous substances identified on the property is provided in Section 3.4. An identification of which exposure pathways are complete or are likely to become complete in light of the intended use of the property. The exposure pathway evaluation was conducted and is presented in Section 3.3. A description of any measures that may be required to mitigate any unacceptable exposures or fire and explosion hazards. No unacceptable exposures (or fire and explosion hazards) have been identified. Response activity records No response activities have been conducted to date. Documents for utility workers or easement holders notifying them of contamination in each facility area No utility or construction activities are proposed. Notice of abandoned or discarded containers provided to MDEQ (if necessary This notification requirement is discussed in Section 5.1. Notice of migration of contamination beyond the property line provided to MDEQ (if necessary This notification requirement is discussed in Section 5.2. Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 4 of 13 3.0 HAZARDOUS SUBSTANCE INFORMATION AND RELEVANT EXPOSURE PATHWAYS Several environmental assessments have been conducted to evaluate the environmental condition of the property. In 1995, Conestoga Rovers & Associates (CRA) conducted a series of assessments before the property was redeveloped by General Motors Corporation. In 2007, ATC conducted an updated Phase II investigation to evaluate the RECs that were identified during the 2007 Phase I ESA. The previous investigations are documented in the following reports: )> Phase ll Environmental Assessment, City of Pontiac and Miscellaneous Properties, Pontiac, Michigan, prepared by CRA for GM, dated March 1995. This investigation included the south-central portion of the Site. );- Phase II Environmental Assessment, Commercial Carriers, Inc Property, Pontiac, Michigan, prepared by CRA for GM, dated June 1995. This investigation included the southeastern portion of the Site. • Limited Phase II Environmental Site Assessment, Office Building, 585 South Boulevard, Pontiac, Michigan, prepared by ATC, dated August 2, 2007. Copies (or excerpts) of these reports are included in the BEA. Summary tables of previous analytical results, prepared by Bureau Vertias and included in the 2007 BEA, are included as Appendix B. ECS has not validated the data tables prepared by others and recommends that the user refer to the original reports. 3.1 Summary of 1995 Phase II ESAs In 1995, CRA conducted two separate subsurface investigations that included drilling seven soil borings (BH-1 through BH-7) on City of Pontiac and miscellaneous properties and five additional soil borings (BH-1 through BH-5) on Commercial Carriers property. Refer to Figure 3 for soil boring locations. CRA analyzed a total of 11 soil samples for one or more of the following: benzene, ethylbenzene, toluene, and xyLenes (BTEX); volatile organic compounds (VOCs); base-neutral acid compounds; Target Analyte List inorganics; pesticides; and polychlorinated biphenyls (PCBs). Groundwater was not encountered during CRA's subsurface investigations; therefore, no groundwater samples were collected. CRA encountered highly variable soil types with fill material to depths up to 20 feet. Based on the analytical results, aluminum, arsenic, cobalt, iron, and magnesium were detected in soil samples at concentrations exceeding generic residential cleanup criteria published by MDEQ. 3.2 Summary of 2007 Limited Phase II ESA In 2007, ATC conducted a limited Phase II ESA to evaluate the recognized environmental conditions identified during the 2007 Phase I ESA. The scope of work included drilling a total of Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 5 of 13 12 soil borings (GP-1 through GP-12) to depths ranging from 5 to 16 feet below ground surface. Refer to Figure 3 for soil boring locations. ATC analyzed 12 soil samples for one or more of the following: VOCs using United States Environmental Protection Agency (USEPA) Method 8260/5035; polynuclear aromatic hydrocarbons (PNAs) using US EPA Method 8270; PCBs using US EPA Method 8081/8082; and metals (cadmium, chromium, and lead) using USEPA/6000/7000 series methods. Groundwater was not encountered during drilling; therefore, no groundwater samples were collected. During drilling, ATC encountered intermixed horizons of coarse sand and gravel with intermittent, relatively thin, units of clay and silt to the maximum boring depth of 16 feet. ATC detected low PID readings, but did not detect the presence of soil staining or odors. Based on the analytical results of 12 samples, ATC detected the presence of ethyLbenzene, 1,2,4- trimethylbenzene, xylenes, benzo(a)pyrene, and fluoranthene at concentrations exceeding generic residential cleanup criteria published by MDEQ. 3.3 Current Property Use Exposure Pathway Evaluation MDFQ has published cleanup criteria and screening levels for both residential and non-residential Land uses and for various possible exposure pathways (i.e., drinking water, surface water, dermal contact, and inhalation). Based on the continued use of the subject property for commercial purposes, Bureau Veritas compared the results of groundwater samples to non-residential cleanup criteria and screening levels, because non-residential criteria and screening levels are the most appropriate criteria for evaluating whether an "unacceptable exposure" exists at this commercial property (zoned Limited Industrial District). Relatively Low levels of VOCs, PNAs, and metals have been detected in soil at concentrations exceeding non-residential cleanup criteria for the following potential exposure pathways; (1) drinking water and (2) groundwater/surface water interface (GSI). A description of each potential pathway and whether the pathway is complete for this facility is provided in Table 2. For those exposure pathways that are considered both "relevant" and "complete", no hazardous substances have been detected at concentrations exceeding levels which would be expected to pose an unacceptable exposure. Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 6 of 13 TABLE 2 Summary of Relevant and Complete Pathways for Evaluating Unacceptable Exposure Exposure Pathway and Criterion Description - Relevant Pathwayl? Complete Pathway2? Unacceptable Exposure3 Identified? Soil Drinking Water Protection This pathway involves contaminants that may leach to groundwater in an aquifer, or groundwater that is not in an aquifer but that may transport contaminants into an aquifer. The drinking water exposure pathway is relevant but not complete for due care purposes, because a municipal source of drinking water is used. YES NO NO Groundwater /Surface Water Interface (GSI) Protection Not a human exposure pathway. This pathway involves contaminants that may leach to groundwater that is hydraulically connected to a surface water body. This pathway may be relevant; but is not complete because the nearest surface water (Clinton River) is not a source of drinking water. YES NO NO Direct Contact This pathway involves long-term ingestion and dermal exposure to contaminated soil that is relevant but not complete because the site is paved (or landscaped) and no hazardous substances have been detected at concentrations which would pose an unacceptable dermal contact exposure. YES NO NO Volatilization to Indoor Air This pathway involves potential exposure to volatile indoor air contaminants that may cause adverse health effects. This pathway is relevant and complete; however, no hazardous substances have been detected at concentrations which would be expected to pose an unacceptable inhalation exposure. YES YES NO Volatilization to Ambient Air This pathway involves potential inhalation exposure to volatile outdoor air contaminants that may cause adverse health effects. This pathway is relevant and complete; however, no hazardous substances have been detected at concentrations which would pose an unacceptable inhalation exposure. YES YES NO Inhalation of Particulates This pathway involves potential inhalation exposure to soil dust and wind-blown contaminants, which may cause adverse health effects. This pathway is relevant but not complete the site is paved and no hazardous substances have been detected at concentrations which pose an unacceptable inhalation exposure. YES YES NO Groundwater Drinking Water This pathway involves contaminants in groundwater in an aquifer or groundwater that is not in an aquifer but that may transport contaminants into an aquifer. The drinking water pathway is relevant but complete for due care purposes, because a municipal source of drinking water is used. YES NO NO GSI Not a human exposure pathway. This pathway involves contaminants in groundwater that is hydraulically connected to a surface water body. This pathway may be relevant; but is not complete because the nearest surface water is not used as a source of drinking water, YES NO NO Groundwater Volatilization to Indoor Air This pathway is relevant for volatile contaminants in groundwater and is relevant and complete; however, no hazardous substances have been detected at concentrations expected to pose an unacceptable inhalation exposure. YES YES NO 'Relevant pathway' means an exposure pathway that is reasonable and relevant because there is a reasonable potential for exposure to a hazardous substance to occur to a human or nonhuman receptor. The components of an exposure pathway are a source or release of a hazardous substance, an exposure point, and, if the exposure point is not the source or point of release, a transport medium. The existence of a municipal water supply, exposure barrier, or other similar -feature does not automatically make an exposure pathway irrelevant. The pathway addressed by 051 criteria under subsection (1) shall be considered a relevant pathway when a remedial investigation or application of best professional judgment leads to the conclusion that a hazardous substance in groundwater is reasonably expected to vent to star-race water in concentrations that exceed the genetic GS! criteria. 2 In evaluating compliance with section 20107a(1)(b) of Act 451, exposure pathways shall be considered pertinent only If they are or may be 'complete" in light of the intended use of the property and the features of the property, including potential exposure barriers such as structures or pavement. Exposure to hazardous substances is an unacceptable exposure for the purposes of section 20107a( Mb) of Act 451 if concentrations of hazardous substances to which persons may be exposed exceed an applicable criterion developed by the department under section 20120a(1)(a) to (5) of the act. Due Care Plan June 8, 2017 585 South Boulevard East ECS Project S105-0001 Pontiac, Michigan Page 7 of 13 3.4 Hazardous Substances Identified Based on the results of the previous subsurface investigations, the subject property is classified as a "facility," as defined in Section 20120a(l)(a) of Michigan Public Act 451, 1994, as amended. The table below summarizes the maximum contaminant concentration in soil exceeding generic residential cleanup criteria at the subject property. TABLE 3 Hazardous Substances in Soil Exceeding Generic Residential Cleanup Criteria Contaminant CAS Number So" Max Concentration (pg/kg) Locations of Exceedance Criterion Exceeded Ethylbenzene 100414 410 GP-5 (2-3') GS1P 1,2,4-Trimethylbenzene 95636 1,100 GP-5 (2-3') GS1P Xylenes 1330207 1,800 GP-5 (2-3') GS1P Benzo(a)pyrene 50328 3,900 GP-10 (2-3') DC Fluoranthene 206440 8,900 GP-10 (2-3') GS1P Phenanthrene 85018 3,600 GP-10 (2-3') GSIP Aluminum 7429905 12,000,000 BH-3 (2-4), BH-4 (2-4) DWP Arsenic 7440382 8,000 BH-3 (2-4), BH-4 (2-4) DWP, DC Cobalt 7440484 10,000 BH-2 (2-4) DWP, GSIP Iron 7439896 21,000,000 BH-2 (2-4), BH-3 (2-4), BH-4 (2-4) DWP Magnesium 7439954 10,200,000 BH-2 (2-4) DWP DWP = drinking water protection GSIP = groundwater! surface water interface protection DC = direct contact 4.0 EVALUATION AND DEMONSTRATION OF COMPLIANCE WITH SECTION 7A OBLIGATIONS The following sections provide documentation that the proposed usage of the site will be in compliance with Section 7a obligations. Based on the current information available for the property, it does not appear that relevant criteria have been exceeded for due care purposes. Therefore, there are no known unacceptable exposures to mitigate. Sections 4.1 through 4.6 discuss each of the Due Care Obligations as they relate to the future use of the subject facility. 4.1 Prevention of Exacerbation Section 20107a(1)(a) of Michigan Public Act 451 requires the owner of a facility to: Undertake measures as are necessary to prevent exacerbation of the existing contamination. Due Care Plan June 8, 2017 585 South Boulevard East EC5 Project 5705-0001 Pontiac, Michigan Page 8 of 13 Exacerbation occurs when an activity undertaken by the owner/operator of the property causes the existing contamination to migrate beyond the property boundaries or causes an increase in response activity costs. MDEQ evaluates possible activities that may result in exacerbation using three tests: (1) De minimus increases in potential response activity costs will not result in a negative determination of compliance, (2) Activities that provide environmental or public health benefits, particularly those that mitigate an otherwise unacceptable exposure, will be evaluated against the increase in response activity cost to determine, on balance, whether the increase in response activity costs is likely to be significant, and (3) Activities consistent with a likely remedial action will generally not be viewed as exacerbation. Examples of Activities that Should be Avoided to Prevent Exacerbation. Several examples of exacerbation are listed below to assist in the identification of potential exacerbation issues. • Moving contaminated soil to a "clean" part of the site or offsite to an uncontrolled site (may increase response costs). • Placing a surface-water pond in an area where soil may adversely impact groundwater or surface water quality (may increase response costs). • Pumping contaminated groundwater from footing drains or excavations into a nearby ditch or sewer. • Installing deep soil borings (e.g., for geotechnical purposes) or wells through a zone of contamination. • Creating a new migration pathway by putting a utility line through a zone of contaminated soil or groundwater. If Pontiac Center Investment, LLC plans to redevelop the property in the future, the construction contractor can prevent exacerbation during these construction activities by adhering to the following Soil and Groundwater Handling Plan. 4.2 Due Care Section 20107a(1)(b) requires the owner of a contaminated property to: Exercise due care by undertaking response activity necessary to mitigate unacceptable exposure to hazardous substances, mitigate fire and explosion hazards due to hazardous substances, and allow for the intended use of the facility in a manner that protects the public health and safety. Due Care Plan June 8, 2017 585 South Boulevard East EC'S Project 5105-0001 Pontiac, Michigan Page 9 of 13 This provision is required when concentrations of hazardous substances to which persons may be exposed exceed the relevant non-residential criteria published by MDEQ unless the risk is demonstrated by other means (Le., site-specific exposure evaluation) to be acceptable. Although ethythenzene, 1,2,4-trimethylbenzene, xylenes, benzo(a)pyrene, fluoranthene, aluminum, arsenic, cobalt, iron, and magnesium were detected in soil beneath the property, no response (or mitigation) activities are necessary at this time because: • The concentrations of each of these hazardous substances do not exceed generic non- residential cleanup criteria for any of the pathways that are relevant and complete for evaluating whether an unacceptable human exposure exists. • The locations where these hazardous substances have been identified at levels exceeding generic residential cleanup criteria are primarily located beneath pavement. • Groundwater was not encountered during drilling on site (soil boring depths up to 28 feet). Groundwater was encountered on the southern adjacent property (former GM Truck and Bus Plant). As a precaution, construction workers should wear personal protective equipment (i.e., gloves and boots) to prevent dermal contact to potentially contaminated soil. Avoid land alterations which may result in direct contact with soils (i.e. exposing bare soil). The site surface is currently covered with structures, pavement, grass and heavy vegetation providing a protective layer preventing direct contact with soils. If additional information regarding contaminant concentrations at the subject facility becomes available, Pontiac Center Investment, LLC should re-evaluate compliance with this section. 4.3 Reasonable Precautions Section 20107a(1)(c) requires the owner of a contaminated property to: Take reasonable precautions against the reasonably foreseeable acts or omissions of a third party and the consequences that foreseeably could result from those acts or omissions. The owner or operator will inform contractors who may be exposed to contaminated soil that the site is a "facility" and will provide them with specifications for preventing exacerbation. Those specifications should include, at a minimum, the following: Soil and Groundwater Handling Plan during Construction Although no construction or redevelopment activities are proposed for the subject property, the following plan can be used as a general procedure when it becomes necessary to handle Due Care Plan June 8, 2077 585 South Boulevard East ECS Project S105-0001 Pontiac, Michigan Page 10 of 13 contaminated soil or groundwater. The purpose of the proposed plan is to prevent exacerbation during construction in accordance with Section 20107(a)(1)(a) of Act 451. • Excavation or subsurface contractors should prepare a health and safety plan suitable for its intended activities. • If it is necessary to stockpile contaminated soil for disposal, each stockpile should consist of soil derived from the same excavation area. Contaminated soil will be disposed of in a Type II Landfill, provided that the soil is classified as "non-hazardous" (Note: This requires waste characterization and landfill approval). • Contaminated soil will not be moved to a clean part of the site. • If de-watering is necessary in the future, the contractor will containerize, characterize, and dispose of the groundwater in accordance with applicable requirements. • No water wells or deep soil borings are allowed without written permission from owner. • If new utilities at the subject property intersect contaminated groundwater, a liquid concrete seal should be installed in underground utility corridors at the point where they exit the clean area or property boundary, in order to prevent migration of contaminated groundwater along the utility corridors. If construction activities are proposed in the future, the owner or operator will re-evaluate this due care plan and will document the nature of the proposed activity along with an analysis of the effect of such activity on its Section 20107a obligations. 4.4 Provide Cooperation, Assistance, and Access Section 20107a(1)(d) of Michigan Public Act 451 requires the owner of a facility to: Provide reasonable cooperation, assistance, and access to the persons that are authorized to conduct response activities at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response activity at the facility. This provision is necessary when response activities are being conducted at the facility by current or previous owners or operators. Access shalt be provided to persons authorized to conduct response activities. There were no response activities being conducted at the time that this plan was prepared, and no response activities are anticipated at the property. However, if response activities are conducted in the future, then Pontiac Center Investment, LLC are expected to provide cooperation to those conducting the response activities. Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 11 of 13 4.5 Comply with Deed Restrictions Section 20107a(1)(e) of Michigan Public Act 451 requires the owner of a facility to: Comply with any land use or resource use restrictions established or relied on in connection with the response activities at the facility. In the event that response activities are conducted at the facility and land use or resource use restrictions (i.e., deed restrictions) are imposed, the owner or operator shall comply with them to facilitate response activities. There were no response activities being conducted at the facility. As such, there were no deed restrictions in place in connection with response activities. No response activities are anticipated in the future. However, if response activities are conducted in the future, then Pontiac Center Investment, LLC are expected to comply with any land use or resource use restrictions resulting from those response activities. 4.6 Impeding Land or Resource Use Limitations Section 20107a(1)(f) of Michigan Public Act 451 requires the owner of a facility to: Not impede the effectiveness or integrity of any land use or resource use restriction employed at the facility in connection with response activities. There are no deed restrictions in place and no response activities are anticipated in the future. However, if response activities are conducted in the future, then Pontiac Center Investment, LLC are expected to not impede the effectiveness or integrity of any land use or resource use restrictions resulting from those response activities. 5.0 COMPLIANCE WITH NOTIFICATION REQUIREMENTS The Administrative Rules for compliance with Section 20107a establish several requirements for notification to MDEQ and other affected parties. The owner, operator, and their contractors should be aware of these notification requirements and should evaluate the relevance of each notification requirement during its activities. 5.1 Abandoned or Discarded Containers (Rule 1015) In accordance with Rule 1015: An owner or operator shall notify the department, in writing, of the presence of discarded or abandoned containers at the property that contain a quantity of hazardous substance which is or may become injurious to the public health, safety or welfare or of the environment Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 12 of 13 The owner and operator are compliant with this rule because there are no known abandoned or discarded containers at the subject property. If the owner or operator becomes aware of any abandoned or discarded containers containing hazardous substances upon taking possession of the property, then the owner or operator will arrange for the proper disposition of the abandoned or discarded containers within 45 days after taking title to the property. 5.2 Potential for Offsite Migration (Rule 1017) In accordance with Rule 1017: An owner or operator "who has reason to believe that a hazardous substance is emanating from, or has emanated from, and is present beyond his or her property boundaries at a concentration in excess of criteria developed by the department under Section 20720a(1)(a) of the act shall provide notice to the department and to the owner of the affected adjacent property" Based on the results of previous subsurface investigations, groundwater was not encountered in any of the 23 soil borings drilled on the subject property. As a result, there is no evidence to indicate that hazardous substances have emanated from the subject site onto adjacent properties. The owner and operator are compliant with this rule because reporting under Rule 1017 is not necessary at this time. If the owner or operator becomes aware migrating contamination, it shall submit a Notice of Migration of Contamination (Form EQP4482) to MDEQ. 5.3 Fire and Explosion Hazard (Rule 1019) In accordance with Rule 1019: An owner or operator that is obligated to mitigate a fire or explosion hazard shall immediately no* the local fire department of the hazard and shall take other steps as are reasonable and prudent under the circumstances. The owner and operator are compliant with this rule because a fire or explosion hazard has not been identified at the subject facility and notification under Rule 1019 is not necessary at this time. 6.0 SUMMARY OF DUE CARE COMPLIANCE OBLIGATIONS Based on ECS' evaluation of the subsurface investigation results, the proposed future use of the facility will satisfy the requirements of Section 20107a provided that the following activities are conducted and precautions adhered to: Due Care Plan June 8, 2017 585 South Boulevard East ECS Project 5105-0001 Pontiac, Michigan Page 13 of 13 • Applicable parties, such as construction workers or utility workers that may be exposed to contaminated soil and groundwater, will be notified that the property is a "facility" to prevent exacerbation. In the event that a contractor conducting work at the property may excavate or redistribute contaminated soil or pump groundwater, Pontiac Center Investment, LLC should maintain records of these activities, including notifications provided to contractors and construction workers. • In the event that the owner, operator or future occupants of the property intend to conduct subsurface construction activities, they should follow the recommended procedures outlined in Section 4.1. • Construction workers should wear personal protective equipment (Le., gloves and boots) to prevent dermal contact to potentially contaminated soil. • If new utilities at the subject property are expected to intersect contaminated groundwater, then a liquid concrete seal should be installed in underground utility corridors, at the point where they exit the clean area or the subject property, in order to prevent contaminated groundwater from flowing along utility corridors. • Prevent installation of a drinking water wells or irrigation wells on site. • Avoid soil relocation or dewatering activities unless they are performed in accordance with applicable regulations. If additional information becomes available, or if the current land use changes, then the owner or operator will re-evaluate compliance by documenting the nature of the proposed activity along with an analysis of the effect of such activities on its Section 20107a due care obligations. Respectfully Submitted, Environmental Consulting Solutions, LLC Stephen E. Kulpanowski Senior Geologist CLAk40.7. 901 Andrew J. Foerg, CPG President Figures Approximate Site Location Is a ent4,1..L.44, -,71z " T1-1 !'"! 11;0 0-PNE a LIP. tee 1 • „. ...,•• . • , PONTIAC ki,,,,,i,,,,, Ae'r . .._ - . .1H11,C011-"" utr r w•-)44 0..1 ' ARE: R. 1.k, ki.,atir 4L1Iu. I4 iL1 C. NIFIK 1 1,5 environmental consulting solutions Figure 1: Site Location Map 585 South Bouievard East Pontiac, Michigan ECS Project S105-0001 Source: USGS 7.5 Minute Quadrangtes — Pontiac South, Pontiac North, Rochester, Birmingham, 2014 environmental consulting solutions Figure 2: Aerial Site Map 585 South Boulevard East Pontiac, Michigan ECS Project 5105-0001 Source: Google Earth NTS 21SL16.71rill 9, CPO ur 1,71v3 StfiL1.3171.1e:ATC Awgust 207 --"`"..PITFL175. t13±1• Aprt-7-t: fe,-z :NU Figure 3: Soil Boring Location Map 585 South Boulevard East Pontiac, Michigan ECS Project S105-0001 Source: 2007 BEA ec environmental consulting solutions Appendix A A fad sheet on Mictiligart's environmental cleanup program from This guide to Due Care describes the obligations of an owner or operator of contaminated property, which are designed so contaminated properties can be safely used. Section 20107a of Part 201, Environmental Remediation, and Section 21304c, Leaking Underground Storage Tanks, of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), requires that owners and operators take measures to ensure that existing contamination on a property does not cause unacceptable risks and is not exacerbated. Such measures include evaluating the contamination and undertaking the necessary actions to address the unacceptable risks. Due care obligations are not related to the owner or operator's liability for the contaminants; they apply to both non-liable parties and liable parties. n 4 NOTE • • This is an informational document from the Michigan Department of Environmental Quality (DEQ). A thorough review of the statute, administrative rules, and guidelines should be completed before making site- specific decisions. The Part 201 and Part 213 statutes, Part 10 Administrative Rules, and guidelines are available electronically at this DEQ Web site www.rnichigan.dov/bea. DUE CARE REQUIREMENTS SECTIONs 20107a & 21304c An owner or operator of contaminated property shall do al I of the following with respect to contamination at the property: 1 Prevent exacerbation of the existing contamination. n Prevent unacceptable human exposure and mitigate fire and explosion hazards to allow for the intended use of the facility in a manner that protects the public health and safety. n Take reasonable precautions against the reasonably foreseeable acts or omissions of a third party I Provide notifications to the DEQ and others. I Provide reasonable cooperation, assistance, and access to the persons that are authorized to conduct response activities or corrective actions at the property. 1 Comply with any land use or resource use restrictions established or relied on i n connection with the response activities or corrective actions. Not impede the effectiveness or integrity of any land use or resource use restriction. Sections 20101 and 21303 of the NREPA define a facility or a site as property with contamination in soil or groundwater at concentrations above Michigan's cleanup criteria for residential property. An owner or operators "due care" obligations are summarized on the next few pages and are specified in Part 201, Section 20107a and its Administrative Rules 1001-1021 and Part 213, Section 21304c. Further information can be found on the DEQ RRD bea w eb page (www.mich 'clan .govibea): Part 201 of NREPA 1 Part 201 Administrative Rules (Part 10) 1 Part 201 Residential Cleanup Criteria 1 Part 213 of NREPA DEQ-RRD Citizen's Guides 1 Due Care Brochure, Matrix and Forms IVrif..Agan Department of Environmental Quality Remediation and Redevelopment Division PO Box 30426, Lansing, Ml 48909-7926 Main Telephone: 517-284-5087 www.michidanmovidetirrd Rick Snyder, Governor* Dan Wyant, Director DE=pa Revised May 2015 Due Care Obligations For owners or operators of contaminated property PREVENTING EXACERBATION Exacerbation occurs when an ac tivity undertaken by the person who owns or operates the property causes the existing contamination to migrate beyond the property boundaries. Examples of exacerbation can include: the mishandling of excavated contaminated soil such that contamination now migrates off-site; pumping contaminated water from footing drains into a nearby ditch; or creating a new migration pathway by putting a utility line through a z one of highly contaminated groundwater or soil. An owner or operator can also exacerbate contamination by changing the facility conditions in a manner that would increase the response activity or corrective action costs for the liable party. An example might be to place a building over the source of the existing contamination. A person that causes exacerbation would be I iable for remediation of the contamination they caused or paying the increase in the response activity or corrective action costs. PREVENTING UNACCEPTABLE HUMAN RISK Owners and op erators must evaluate the existing contamination to determine if the people using or working at the property would be exposed to contamination at levels above the appropriate generic or site-specific criteria. Upon the identification of unacceptable risks, the owner and operators must then undertake the actions that are necessary to prevent unacceptable exposures to contamination in order to demonstrate compliance with their due care obligations. Criteria for differing land uses can be found in the Part 201 Administrative Rules (Rules 1-50). For example, if groundwater used for drinking is contaminated above the drinking water criteria then the owner and operator must prevent the use of the contaminated drinking water. If soils are contaminated above the direct contact criteria for the appropriate land use at the surface of the property, then people must be pr evented from coming into contact with those soils by restricting access, installing a barrier to prevent exposure, or removing contaminated soil. Exposure barriers can be clean soil, concrete, paving, etc. In some instances, remediation of the contamination may be t he most cost effective response. In addition, if there is a potential unacceptable risk for utility workers or people conducting activities in an easement on the property, then utility and/or easement holders must be notified in writing of the conditions by the owner and operator. If there is a fire and explosion hazard, the local fire department must be notified and the situation must be mitigated. TAKING REASONABLE PRECAUTIONS Taking reasonable precautions against the reasonably foreseeable actions and omissions of a third party means trying to prevent things that could cause a third party to be exposed to an unacceptable risk. This might include: notifying contractors of contamination so they can take proper precautions; preventing trespass that would result in an unacceptable exposure (neighborhood kids playing in a vacant industrial yard that has direct contact hazards); and taking actions to secure abandoned containers so they don't get damaged by traffic, etc. PROVIDE REASONABLE COOPERATION, ASSISTANCE, AND ACCESS Owners and operators must allow a p erson authorized to take response activities or corrective actions on the property (such as the liable person, or the state) to take such actions as: i nstalling monitor wells, operating a remediation system, and maintaining the integrity of an exposure barrier, etc. However, the statute specifically states that this shall not be interpreted as providing any right of access not expressly authorized by law. The authorized person must still go through the normal process of acquiring voluntary or court ordered access, including the potential for compensation as the parties and/or court deem reasonable. COMPLY WITH AND NOT IMPEDE THE EFFECTIVENESS OF LAND USE AND RESOURCE USE RESTRICTIONS If there are land use or resource use restrictions on the property, owners and o perators must comply with those restrictions and not take actions that would impede their effectiveness. Examples of compliance might include: not installing a well if there is a restriction on using the groundwater for drinking water purposes, not allowing a residential use on a pr operty if there is a restriction limiting the property use to nonresidential, not removing a barrier installed to prevent contact with contaminated soil, and not turning off an operating remediation system. EVALUATING THE NEED FOR DUE CARE The necessity for conducting response actions are determined by evaluating the current/intended property use and the existing contamination. B ased on that evaluation, the actions needed to prevent unacceptable exposures and comply with all due care obligations must be implemented. Environmental professionals often assist with this process (see Environmental Professionals section at end of document). DUE CARE DOCUMENTATION Owners and o perators must maintain documentation than an evaluation to identify unacceptable risks was conducted, any actions that are needed have been taken and are adequate. Certain response actions (e.g., exposure barriers, mitigation system, etc.) will require continued maintenance, inspections, and repair that must also be documented. Documentation requirements are described in the Part 201 Administrative Rule 1003. The documentation does not need to be submitted to the DEQ, but must be available for the DEQ to review upon request within eight (8) months of becoming the owner or operator or of having knowledge that the property is contaminated. You may request and submit for DEQ to review and determination Documentation of Due Care Compliance pursuant to Sections 20114g or 21323n. NOTIFICATION The Part 10 ( "due care") Rules require notification to the DEQ and others in the following circumstances: 1 Notify the DEQ if there are discarded or abandoned containers that contain hazardous substances on the property; see Form EQP 4476. I Notify the DEQ and adjacent property owners if contaminants are migrating off the property; see Form EQP 4482. 1 Notify the local fire department if there is a fire or explosion hazard. Notify utility and e asement holders if contaminants could cause unacceptable exposures and/or fire and explosion hazards. These notices must be made within 45 days of becoming the owner or operator, or of having knowledge of the conditions. The forms are available at DEQ District Offices and the DEQ Web Page: www.michigan.gov/bea. EXEMPTIONS/LIMITATIONS Parts 201 and 213 provide exemptions to the "due care" obligations to prevent exacerbation, prevent or mitigate unacceptable exposures, and take reasonable precautions for the following entities: 1 An owner or operator of property where the contamination is migrating onto the property, 1 An owner or operator of a utility franchise on the property, 1 An owner or operator of the severed mineral rights to the property. A local unit of government (LUG) that: involuntarily acquires title or control of property by virtue of its governmental functions, or the property is transferred to the LUG from the state or a LUG that is not liable under Part 201 or 213, or by seizure, receivership or forfeiture or court order, or voluntarily acquired the property and conducted a b aseline environmental assessment (BEA). 1 A LUG that has an easement interest or holds a utility franchise for a t ransportation or utility corridor or public right of way, or for conveying or providing goods and services. 1 A LUG that is not liable and is leasing the property to a non-liable party. However, if the state or LUG exempted above offers access to the property and makes it available for public use, such as for parks, schools, municipal office buildings, public works operations, etc., then the person, state, or LUG must comply with all due care obligations for that portion of the property that is accessible to the public. Additionally, the person, state, or LUG that is exempted above still has due care obligations to provide cooperation, assistance, and access, comply with land use or resource use restrictions, and not impede the integrity or effectiveness of the land or resource use restriction. Further, Sections 20107a(6) and 21304c(6) specify utilities and severed mineral right owners must comply with due c are in regard to their own activities. While Parts 201 and 213 provide these exemptions, it may be in the owner or operator's best interest to ensure the property is safe for the intended use and that they do not cause a new release by their actions or exacerbate pre- existing contamination. ENVIRONMENTAL PROFESSIONALS Resources for finding an environmental professional, consultant or engineer, include: online searches for Environmental, Ecological, or Engineering consulting firms; referrals from financial institutions, real estate agencies, or trade associations, etc. It's wise to ask the professional or consultant for references and inquire as to past due c are compliance documentation reports they have successfully completed. The DEQ does not provide recommendations for environmental professionals, consultants or engineers. SOURCES OF INFORMATION DEQ Environmental Assistance Center 1-800-662-9278 wvvw,michiciansiov/bea DEQ Remediation and Redevelopment Division Web Page www.michidan.clovideoirrd DEQ Remediation and Redevelopment Division Contact Jeanne Schlaufman 586-753-3823 schlaufmanil@michigan.dov DEQ Office of Oil, Gas and Minerals Contact Part 615 (Supervisor of Wells — oil/gas wells) and Part 625 (Mineral Wells) Janice Smith 517-242-3134 smithi6michigan.gov The Deportment offEtivironmenLli Quky i'DEQ) 00 cliscriminale againt any inelivicivai or group on the basis of rece, sex, religion, sge, national Oflifl Oelor, marital stolys,: ho'ght, or polillpal ballets, 1..lea. direct. questions to: pEp.Office of HirmanResourceS ..°D,..99x 4q9o9, F.17 :39.1109. Appendix B 1 Summary Table 3 Summary of Analytical Results in Soil, from ATC's Office Building Phase II Environmental Site Assessment Report, Compared to Generic Residential Cleanup Criteria Published by MDEQ Pontiac Center, LLC (d.b.a. Pontiac Office Center, LLC) Bureau Veritas Project No: 11007-107148 Sans • Is Concentration g) MDEQ Part 201 Cleanup Criteria for Residential Land-Use (jug/kg) Sample Identification CAS GP-1 GP-7 GP-3 GP-4 GP-5 GP-6 GP-7 139-8 G9-9 GP-10 09-11 09-17 Background Drinking Water 651 Groundwater Contact Direct Inhalation Criteria (depth in feet) Number (2-3) (2-3) (2-3) (2-3) (2-3) (2-3) (2-3) (2-3) (2-3) (2.3) (2-3) (2-3) Levels Protection Criteria Protection Criteria Protection Criteria Contact Criteria (Ambient, Indoor, or Particulate) VOCs Benzene 71432 <50 <50 <50 <50 81 <50 <50 <50 <50 <50 <50 <50 100 4,000X 220,000 180,000 1,600 n-Buty/benzene 104518 <50 <50 <50 <50 71 <50 <50 <50 <50 <50 <50 <50 1,600 ID 120,000 2,500,000 ID Ethylbenzene 100414 <50 <50 <50 <50 410 60 <50 <50 <50 <50 <50 <50 1500 47...::::.360 17.1r., 140,000C 140,000C 87,000 Naphthalene 91203 <250 <250 <250 <250 240 <250 <250 50250 <250 <250 <250 <250 35,000 870 2,100,000 16,000,000 250,000 n-Propylbenzene 103651 <100 <100 <100 <100 120 <100 <100 <100 <100 <100 <100 <100 1,600 NA 300,000 2,500,000 1,300,000,000 Toluene 108883 <50 <50 <50 <50 130 <50 <50 <50 <50 <50 <50 <50 16,000 2,800 250,000C 250,000C 2500000C 1,7,4-TrimethyIbenzene 95636 <100 <100 <100 <100 1,100 150 <100 <100 <100 <100 <100 <100 2,100 .._ __. , s70H 110,000C 110,000C 110,000C 1,3,5-Tricoethylbenzene 108678 <100 <100 <100 <100 310 <100 <100 <100 <100 <100 <100 <100 1,800 1,100 94,000C 94,000C 94,000C Xvlenes 1330207 <150 <150 <150 <150 1,800 <150 01150 <150 <150 <150 <150 <150 5,600 " 700' 150,000C 150,000C 150,000C PNAs ; n-7 .4 2 .4 c 5 Anthracene 120127 - - - -- -- <330 <330 <330 1,140 <330 <330 NA 41,000 41,000 230,000,090 1,000,000,000D Benzo(a)anthracene 56553 -- - - - -- - <330 <330 <330 2,200 <330 <330 NA NLL NIL 20,000 NL V Benzo(b)fluoranthene 205992 - - - - - <330 <330 <330 3,500 <330 <330 NA NLL NLL 20,000 ID Benza(k)fluoranthene 207089 -- - - - - <330 <330 <330 2,300 <330 <330 NA NLL NLL 200,000 NLV Benzo(g,h,i)perylene 191242 -- -- -- - - - <350 <330 430 3,100 <330 <330 NA NLL NLL 2,500,000 800,000,000 13enzo(a)pyrene 50328 -- -- - - - <330 01330 <330 3,900 <330 <330 NA NLL NU- .."...- ' .20,64E 1,500,600 Chrysene 218019 - - - - <330 <330 <330 2,300 <330 <330 NA NLL NLL 2,000,000 ID Dihenza(a,h)anthracene 53703 -- - - -- - -- <3311 <330 <330 810 <330 <330 NA NLL NLL 2,000 NLV Fiuoranthene 206440 -- - - - - - <330 <330 <330 8,900 <330 <330 NA 733,000 730,000 46,000,000 740,000,000 Indeno(1,2,3-cd)pyrene 193395 -- - - - -- <330 <330 <330 2,400 <330 <330 NA NLL NIL 20,000 NLV Phenanthrene 85018 - - - -- <330 <530 <330 3,600 <330 <330 NA 56,000 1,100,000 1,600,000 160,000 Pyretic 129000 _ -- - - -- <330 <330 <330 6,100 330 <330 NA 480,000 480,000 29,000,000 650,000,000 Metals Cadmium 7440439 .. -- -- - -- 130 170 160 140 150 1611 1,200 6,000 3,000.X 230,000,000 550,000 1,700,000 Chromium 18540299 - - - - 16,000 7,500 3,100 6,200 9,300 10,000 18,000 30,000 3,300 140,000,000 2,500,000 260,000 Load 7439921 - -- - - _ - 28,000 49,000 39,000 43,004 30,000 26,000 21,000 700,000 2,500,000.X ID 400,000 100,000,000 MAI • .(33,10.3,2 R. UR'," pta.ptabalit.(Dr3,7 55055-13.13333,13,3aneent 33311,33(i3-3333333.3.1,71.55 vbea 3.33,313d5e ia m3333,333333ds rh3,4,3331,3.33.,.., hydrocar13*(34 O51 Gram.313.(33150.333e i33A -.31331:333 v., 3333.23133(131.1e-33, u th.e case for Cass, eppixabk NLV • dleair.331 0 pot fikely wicias 3333333c. was 33213.3x13cion M33. inadequate dc. a31,4343 =mica a dacced 33135vc damn. Imic - -3ve wodysed ▪ -la. pa(se.33313,...3333333, *10.1.1 unto, e]soittl-spocilk (metric mail uturrocmccnvsnunco (Cm) UN. thr .0333334131135.4.33.3 etiumi. it gram( thut Cut • -3( LA-WI.] rfrter1330 0..4 0,13, GOos,oQlG.GSI o1lio,±.pH bepp, 05..31333(t) load,, armie for 343331311.340, Pliclugan cruD 3336,1. fa0(00334135.(3.0 5.1so:(1fm31341:(EQ °I'M,. FM:1Na 5 (:3n Cak.JJA[d =ads I COX, bcruz r5..110110 Pao, (3 IIZ-339 3,0 X- calimion 3.3.3 333”3.333,. 3-033..l.r.331....uhm if vs. u wmr raw. 3.131450403.3.1 calms mtlopmccial ciftcta. 13134m11331 [Ad r05033s3e I den. coo. adlo. 000,o.,0,utt3,thp,toa01 05 peanut n33:33(stor Warn Siatfolnold tmdepiadimo 3110 ameremaion mpearls one or mon of the We,. cinoop CrW111W161161114,11iii erelican d(c ffilOrkt 3t xlevue end (1.1.33 33x3coticd ▪ table 033(1133K3031. marca claceni Summary Table 2 Summary of Analytical Results in Soil, from CRA's Commercial Carriers, Inc. Property Phase 11 Environmental Assessment Report, Compared to Generic Residential Cleanup Criteria Published by MDEQ Pontiac Center, LLC (d.b.a. Pontiac Office Center, LLC) Bureau Veritas Project No 11007-107148 Sample identification (depth in feet) CAS Number Sample Concentration g) MDEQ Pam 201 Cleanup Criteria for Residential Land-Use (4g/kg) BR- I (2-4) 1311-2 (2-4) 1311-3 (3-5) BH-3 (13-15) 814-4 (9-11) 1314-4 (13-15) B11-5 (7-9) OH-5 (13-15) BH-6 (9-11) 014-6 (13-15) BH-7 (26-28 Background Levels Drinking Water Protection Criteria GS] Protection Criteria Groundwater Contact Protection Criteria Direct Contact Criteria Inhalation Criteria (Ambient, Indoor, or Particulate) VOCa Acetone 67641 1,400 1,300 - - - -- -- -- - - - 15,000 34,000 1 10,000,000C 23,000,000 110,000,000C Benzene 71432 <10 <10 10 <10 <10 10 <10 <10 <10 <10 42 100 4,000X 220,000 180,000 1,600 243ntanone 78933 <100 130 - - -- -- -- -- -- -- 260,000 44,000 27,000,000C 27,000,000C,DD 27,000,000C Ethylberizene 100414 <10 <10 10 <10 <10 10 <10 <10 <10 <10 <10 1,500 360 140,000C 140,000C 87,000 Toluene 108883 <10 <10 10 <10 <10 10 <10 <10 <10 <10 <10 16,000 2,800 250,000C 250,000C 250,000C Xylenes 1330207 <30 <30 30 <30 <30 30 <10 <30 <30 <30 <30 5,600 700 150,000C 150,000C 150,000C PINAs <dddddd< Z.ZZ Z'AZZ Z. Benzo(a)anthracent 56553 <330 <330 <330 700 <330 <330 <330 <330 <30 <330 NLL NLL NLL 20,000 NEN Benzo(a)pyrene 50323 -<30 <330 <330 620 <330 <330 <330 <330 <330 <330 NLL NLL NLL 2,000 1,500,000 Benzo(b)fluorantliene 205992 <330 <330 <330 700 <330 <330 <330 <330 <330 <330 NLL NLL NLL 20,000 ID Chrysene 218019 <330 <330 <330 790 <330 <330 <330 <330 <330 <330 NIL NU. NLL 2,000,000 ID Fluoranthene 206440 <330 <330 <330 1,000 <330 <330 <330 <30 <339 <330 730,000 5,500 730,000 46,000,000 740,000,000 lsophorone 78591 <330 <330 <330 350 <330 <39 <330 <330 <330 <330 15,000 11,009X 2,400,009C 2,400,000C 12,000,000,000 Phenenthrene 85018 <330 <330 <330 450 <330 <330 <330 <330 <330 <330 56,000 5,300 1,100,000 1,609,000 160,000 Pyrene 129000 <330 <330 <330 1,600 <330 <330 <330 <330 <330 <330 480,000 ID 480,009 20,000,000 550,000,000 Metals Aluminum 7429905 6,100,000 5,490000 - - -- 6,900,000 1,000 NA 1,009,000,00013 50,000,9001317 NLV Arsenic 7440382 3,200 1,700 - - 5,800 4,600 70,000X 2,000,000 7,600 720,000 Barium 7440293 94,000 26,000 - - - 75,000 1,300,000 440,000.X 1,000,000,00013 37,000,000 330,000,000 Beryllium 7440417 360 <200 -- -- - NA 51,000 84,050. 1,000,000,000D 410,009 1,300,000 Cadmium 7440439 52 160 -- - 1,200 6,000 3,000.X 230,000,000 550,000 1,700,000 Calcium 7440702 36,800,000 16,100,000 -- - - NA NA NA NA NA NA Chromium 18540799 6,700 7,100 -- -- - 18,000 30,000 3,300 140,000,000 2,500,000 260,000 Cobalt 7440464 10,000 7,800 -- -- - - 6,100 -8:601417:17:-.7 T.L7TF 2;6607 48,000,000 2,600,000 13,000,000 Copper 7440508 12,000 10,000 -- -- „ 32,000 5,800,000 73,000 1,000,000,00013 20,000,000 130,000,000 Iron 7439896 13,400,000 1,700,000 -- -- - 12,000,000 T:Wiec,0602.4". NA 1,000,000,000D 160,000,000 NLV Lead 7439921 9,100 11,000 -- - 21,000 700,000 2,500,000.X ID 400,000 100,000,000 Magnesium 7439954 10,200,000 5,540,000 -- -- NA a KO.031:047E NA 1,000,000,0001) 1,000,000,000D 6,700,000,000 Manganese 7439965 153,000 248,000 -- -- -- 440,000 1,000 15,000.X 180,000,000 25,000,000 3,300,000 Nickel 7440020 10,000 8,000 - - -- 20,000 100,000 76,000. 1,000,000,0001) 40,000,000 13,000,000 Potassium 7440097 617,000 352,000 - -- - NA NA NA NA NA NA Sodium 17141252 46,000 29,000 - - NA 2,500,000 NA 1,000,000,00013 1,0430,000,00013 NLV Vanadium 7440622 11,000 9,600 - - -- NA 72,000 190,000 1,000,000,00013 750,000DD NLV Zinc 7440666 21,000 24,000 - 47,000 2,400,000 170,000' 1,000,000,00013 170,000,000 NLV mniks - microgram. pet krepun 111 Kettgre Dem-teem aremeemmemul 0*.150. v0c, vete.. cowed.* eNtu. e *lynerJeer 1071rourtte. 0S1 CtramilemuerSarfaut Warr arum** NA =ten* or yew it arri nrebbk mu It the ease ror Cut. not temAim.le NLV like,. es rect. utter net0 ao o - 5 dmesseF ex. dame* itme C- veteprenetnel ctt taming kverhuae. en Me chentellutmemiSt yew. tamm.re coneevrenat (C.0 PI71:5 the *Intl..1 rt eitesioe thme Cm. cemulema ereetenbene ce the Commtore 05.1 critmmon la pH or*rdasta km:n*11075..11e • gem* lam for teuttlemetue14.14. ef ISO CaCO3. ehich demitee.frent 7..*Q Memo Kell No. S. fl -tekeleted crIterehemteedt 700%, teem it reduced to 100%0 1.0+9 epb) X e C41 me.... Ehnen peotecive- for per** enact to ifl3.dt, n slen...emem mote. H..** akin.. CRUM bev flop maul dream Reedenuel and ornmerue aiteria em aleoth pmertal mad ponconleqrsee Entke. omeeenbon aceerlttnearetme of the rel.. alltetup ate* Tele. Sludlee/....ms„ Bosa=ced Inththth, thth, ,ththr„.th kth Mu teem** e deem mettret tkle*.1 Summary Table 1 Summary of Analytical Results in Soil, from CRA's City of Pontiac and Miscellaneous Properties Phase II Environmental Assessment Report, Compared to Generic Residential Cleanup Criteria Published by MDEQ Pontiac Center, LLC (d.b.a. Pontiac Office Center, LLC) Bureau Veritas Project No: 11007-107148 Sample Concentration (pgricg) MDEQ Part 201 Cleanup Criteria for Residential Land-Use (jig/kg) Sample Identification (depth in feet) CAS Number 131-1-1 (4-6) B11-2 (2-4) 011-3 (2-4) 1311-5 (2-4) Background Levels Drinking Water pro. .. Criteria GSI Protection Criteria Groundwater Contact Protection Direct Contact Criteria Inhalation Criteria (Ambient, Indoor, Criteria or Particulate) VOCs Acetone 67641 1,700 1,400 340 1,300 NA 15,000 34,000 110,000,000C 23,000,000 110,000,000C 2-Butanone 78933 <100 <100 <100 130 NA 260,000 44,000 27,000,1100C 27,000,000C,DD 27,000,000C Metals Aluminum 7429905 5,040,000 6,100,000 9,500,000 5,490,000 6,900,000 . ..-,x, NA 1,000,000,000D 50,000,00001) NLV Antimony 7440360 <250 <250 610 <250 NA 4,300 94,000 49,000,000 180,000 13,000,000 Arsenio 7440382 910 3200, 8,000 1,700 5,900 . '.,77:4.600'.: 70,000X 2,000,000 7600 720,000 Barium 7440393 21,000 94,000 35,000 26,000 75,000 , 1,300,000 440,000.X 1,000,000,0000 37,000,000 330,000,000 Beryllium 7440417 <200 360 <1,000 <200 NA 51,000 84,0000 1,000,000,0000 410,000 1,300,000 Cadmium 7440439 64 52 1,000 160 1,200 6,000 3,000.X 230,000,000 550,000 1,700,000 Calcium 7440702 1,460,000 36,800,000 11,000,000 16,100,000 NA NA NA NA NA NA Chromium 18540299 9,300 6,700 11,000 7,100 18,000 30,000 3,300 140,000,000 2,500,000 260,000 Cobalt 7440484 5,400 10,000 6,400 7,800 6,800 ,--z21800.-,4:. . 2,000.::::- 48,000,000 2,600,000 13,000,000 Copper 7440508 4,500 12,000 14,000 10,009 32,000 5,800,000 73,000. 1,000,000,0000 20,000,000 130,000,000 Iron 7439896 7,490,000 13,400,000 21,000,000 1,700,000 12,000,000 1-,.Z.25i1,71, NA 1,000,000,0000 160,000,000 NLV Lead 7439921 6,900 9,100 5,800 11,000 21,000 1_ 700,000 2,500,000.X ID 400,000 100,000,000 Magnesium 7439954 1,320,000 00,200,000 4,900,000 5,540,000 NA F,J1,00119701:41,71-: NA 1,000,000,0000 1,000,000,0001) 6,700,000,000 Manganese 7439965 45,000 153,000 310,000 248,000 440,000 1,000 15,000.X 190,000,000 25,000,000 3,300,000 Nickel 7440020 7,900 10,000 14,000 8,000 20,000 100,000 76,0000 1,000,000,0000 40,000,000 13,000,000 Potassium 7440097 345,000 617,000 2,000,000 352,000 NA NA NA NA NA NA Sodium 17341252 26,000 46,000 160,000 29,000 NA 2,500,000 NA ,000,000,0000 1,000,000,0000 NLV Vanadium 7440622 10,000 11,000 14,000 9,600 NA 72,000 190,000 1,000,000,0000 750,0001)0 NLV Zinc 7440666 31,000 21,000 39,000 24,000 47,000 2,460,000 170,0011. 1,000,000,0000 170,000,000 NLV 0,17K mop-v:1 pal Naas erv. pia KIN (PS) MO.Q otEaviropencau pAlly 000 ....La mpoi...nonvmd• 0010 Wad onerfu. NA aiteian i.vot kdagle or, us Its 00,1 0, Cu0$io.iA NLV cbccoical jiCOtlOityt, volmr-ac uarkr soa saLl coarlitivo LnsdNurce dc• to dreclop < deLieted slave drese6ce c - lerd baled the elvilinl.g..fit ...it =El umenttra (Ca.c tlat niailued cristriao grans Cul • ..lculacd eciecioz /wed on 04 foommc 0-551 0001,1 is pH or Hadnat deparfenObamd 011,0.1.11[ Wel,Xil gorexav001.94Spn 'SO 03/1- Cal-O3, whgG, gkainmd from NSOEQ Op Ma. P340,5. o - era .ern lOON, 15rawe 'a is reduced. 021,4 (00.1 0E+11 ,b) ptuctiv re. .601 a,t0g,s wed mil linking Wad alalree liaraniow ulutsors cam. knlopmeral awn Raeltctal and commnemi dr. comas .criarrc pm:mai, of Salt pram-Wand's... cgclure 3eilow Aude4Soid typthmeP.0 comerarnLoo cr mom of the rck-rus clump cracra O,itSflSt6iothctaPrtts critcrion 15,00,00.4 hub:a, c.ei 0500006 0155, TABLES Table 1 Estimated Costs of Eligible Activities Table 1: Eligible Activities Cost Estimates itemfActivity Total Request MU Act 381 Eligible Activities MOLD Act 381 Eligible Activities Baseline Environmental Assessments Phase I ESA $ 10,000 $ 10 000 Phase II ESAJBEAJDDCC $ 20,000 $ 20,000 Baseline Environmental Assessments Sub-Total . $ 30,003 $ 8 30,000 Due care Activities Contaminated Soil Transport and Disposal 380,003 $ 330,000 Due Care Activities Sub-total . $ : 385000 $ 380,000 Demolition Deconstruction/Select Demolition of Building Elements for Reuse 5 75,000 $ 75,000 Proper Disposal of Non-Reuseable/Non-Recyclable Building Elements 6 150,000 $ 150,000 On-Site Reuse of Demolition Debris (concrete/brick) 5 1,164 $ 1,164 Removal of Abandoned Utilities $ 713,300 $ 70,300 Removal of Parking Lots 90,651 $ 90,651 Removal of Curbs and Gutters $ 8,165 $ 8,165 Removal of Sidewalks 3 12,341 $ 12,341 Fill, Compaction and Rough Grading to Balance where Improvements were Located 3 372,888 $ 372,888 Professional Fees Rebind to Geotechnical, Engineering & Design Work if Directly Related to Reading and/or Site Demolition Activities $ 20,000 $ 20,000 Demolition Sub-Total .$ 800,509 $ 800,509 $ Asbestos and Lead Activities AsbesloS Survey, Sampling & Reporting Work $ 15,000 8 15,300 Asbestos Abatement $ 50,030 3 50,000 Asbestos and Lead Activities Sub-Total $ 65,0130 $ 65,000 Infrastructure Improvements Storm Sewers $ 203,490 Si 203,490 Sanitady Sewer Mains $ 18,583 6 18,583 Landscaping (public ROWs) $ 150,000 $ 150,000 Professional Fees Related to Geotechnical, Engineering & Design Work if Directly Related to Infrastructure Activities $ 20,300 $ 20,000 Infrastructure Sub-Total $ 392,073 $ 392,073 Site Preparation 'Staking 0 11,005 $ 11,000 Geotechnicai Engineering Including Investigating Existing Subsurface Conditions, Soil Sampling, Assessing Risks Posed by Site Conditions, Designing Earthworks and Structure Foundations $ 6,502 $ 5,502 Clearing & Grubbing (including grass, shrubs, trees, other vegetation and their roots) and Related Disposal $ 3,000 $ 3ti00 Temporary Construction Access and/or Roads $ 10,000 $ 10,000 Temporary Traffic Control $ 10,000 $ 10,000 Temporary Erosion Control $ 20,000 $ 20,000 Temporarty Site Control $ 20,000 $ 25000 Excavation of Unstable Material/Foundation WorklRelated Fill $ 185,520 $ 185,520 Relocation of Active Utilities $ 100,000 $ 100,090 Soft Costs Related to Other Eligible Activities $ 20,000 $ 20,000 Site Preparation Sub-Total $ 386,022 $ 386;022 $ Preparation of Brownfield Plan and Act 381 Workplan . Erownaeld Plan $ 20,300 $ 10,000 $ 10,000 Brownfield Plan and Act 381 Workplan Sub-Total . 20,000 $ 10,000 $ 10,000 .400.:1.40, N.b"-C'''''I ' ;.V_!!!.'il.'=r'::;...! 503,541 '.. i:-.0.1 ' 4 57 000 15,,,,, C,,,ti:1-el.," ''''1..g;'r gjbta .0ibimbursementTotil -2 .-..._, '15% Contingency excludes preparation or Erownneio elan/381 Worn Plan ano usserne Environmental Assessments Table 2 Tax Increment Capture Table ,s4,44U244 ,Z44.4444 g',=4U44gtr4g5 .i•s.,..4.,.....m. 444 4 444. E .w. . - ' .,,.., EV5 4”4-4 44 . 2.,. r,4,E, ... • .. . P, • • .1-- ":15Piffqq: 5U ... .„........... ... . PNFT1WEg g.i g „ 444 44444444444:444 4.44 4 .0 r.,--E-.,Q----e---g °.,mg_ 2 .., ... .............. ».. » AUFWarl,imn 11'1 #‘6.% gq, ;' Hi 4vr4P ,784P4.,5444 4:,-4 4 0R4FR,'g.,., ':-.':' . . ................ ... . 244 44444444444q44 EFAI i n ,1 6--'-'7:4 ,4 gm ll ....-...........e. ... . ..,,,.. 44444444li44g4 HE E P 12'n -2""7:',# 6gf °, i vs MAR...q.4W,i RU a :9-x-v-----v 46f E ... ......... ..... ... . m -sg— . ......... ..... ... . 19- E":7,qe-121.g.AWRq ak FL :2 8 3 ,:2 .°T.— 2 -- q,^,F, 2 - EEEEi.WEilE= :lir, 4 P 2'°P 4 ''' Vivf, gq a - 0.. .............. ..., 0 UVEEEE700-illE i4=';' r g g ,g ,g--1- :._,-F; :4:: ,4 - 2. REFREEigEAE :-,."re-, q 35E--',.,' .,-,-i 51 ,A, - E r-: UE_EE qkEERR=4,, E.0 E :,= --,, v-2 ,.._ 2 - M Wk.lkEAWM NI R := 3-405-,, 7 v nAm 2 EAVIEEME nE E -''"5 -1 v, .'q 1 .... . ..`74 .... . .E-..0 4 .444 ..— . ..°,44. 4 - ,-4 . ..3.,E i ' R -,71 'g ' ....„ . , EP. R NOOA . v ' .4'44 4 .... . REER '' 6 ' F!En R ' ,' 'h. EEE:i r - - n kM- - ' - 5EnS 11111ffi _.. 4...4..4.4 .,444.44,4,4 4F°=,4r4 VEMME DLI ,6q.7..4gg .....;„.»..... 44444444 - .''',IPA ..., .... 4.44.44n4 wte ,,..i.Ug ........ '44444444 wqri g. WeMRE'; "7 :2:6-0 , ........ zipEFriEEti , . ....... MEREEF1 _, _ ...*.. 4 4 , HEEEELE 24L17.--- sa5F4E 8S '252 38„ 3E-8,.8u .--'- 2 5 3 "8411; EM"apV0 '.°7.1R . .... E_Xkl ::';fp',3 ..„. g„ Ig.zii ZR,11 RE E3 .... mE WM.14 44.44_ 4444 r.:42F, .... 444A q 234 - Erg.-4 532i E.O.E 2882. PA' .... 4A4,4 MN2P .... 44U Trts UFA ",.7 .... 4Q44 .... i,;:..lka ElUE 8r22; ....» 4444 2823 ' 88'12: - E E, ,, 4 4 . 4 ° . . . . . N . . . • ,3 ,71 .i , . "3 3 EEE NVIRONMENIAL • • . • • - .111]n tl '.3 gl . ,i 1 / ° 0 Annual Local Incremental Taxes Anoual snow! bloom-era] Taxes Local Adrrila 2 IALF nom SET. State Brownl fold FIR, . . Amid Local incremental Tuxes Pan. Admln roc ' • • • : . Annual School Inorernedal. Tales PA rlYt SW. Fund . Total CornEn. Yearly Cypturell To. " • - cumulnr.lue. Cowl,. Cantor...Dues - ----- - - - - . Fle11111,111M-Or Local-faxes samol M.3 11.1a1 Unrelmbursed LISF Ellgtle Expenses NIDE] Re-117.1:ws..Mrenses L4e1l Tues. Schoo[Texos Urtrelmlx.osed ME° E110-1,11Sxpen., Lace 51te. FleMedhillorL Revolving Fund Copt.r. • Lomi Taxes II C&Ilmissioner Thom '-'iMiddleton, District #4 Chairperson, Finance Committee t-tAiP 1 F ,144,fc-c"-= e= FAH1 -r-C.E FISCAL NOTE (MISC . #18007) January 17, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - RESOLUTION APPROVING THE PROVISIONS OF A BROWNFIELD PLAN FOR THE 585 EAST SOUTH BOULEVARD- CITY OF PONTIAC PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes a Brownfield Plan relating to the clean-up and redevelopment of the 585 East South Boulevard site in the City of Pontiac to restore the parcel's environmental and economic viability. 2. The developer, Pontiac Center Investment, LLC has assumed Brownfield related eligible activity development costs estimated at $2,073,604 with a $303,541 contingency resulting in a total reimbursement in a not-to-exceed amount of $2,377,145. Costs include remediation of environmental impacts, environmental investigations, due care, demolition, site preparation, infrastructure, parking, administrative controls, and preparation of environmental reports. 3. The cost of these eligible plan activities will be reimbursed to the developer by the Oakland County Brownfield Redevelopment Authority (OCBRA) from tax capture based on the incremental difference on the taxable value of the property; estimated at $3,405,255 of total tax capture over a fifteen (15) year period ($292,801 estimated for County General Operating and $17,162 estimated for Parks and Recreation). 4. Total tax capture consists of the following: Developer Reimbursement $2,377,145 Local Brownfield Revolving Fund $ 735,684 State Revolving Fund $ 217,426 OCBRA Admin Fees $ 75,000 Total Tax Capture $3 405 255 5. No budget amendment is required as the budget already includes estimated tax capture offsets. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Taub abstaining and Zack absent. Resolution #18007 January 17, 2018 Moved by Spisz supported by Bowman the resolution (with fiscal note attached) be adopted. AYES: Fleming, Gershenson, Gingell, Jackson, KowaII, Long, McGillivray, Quarles, Spisz, Tietz, Weipert, Woodward, Berman, Bowman, Crawford, Dwyer. (16) NAYS: None. (0) ABSTENTION: Taub. (1) 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). I 101EBYAPPROVE THIS RESOLUMON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO ML 45,509A (7) 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 January 17, 2018, 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 17 th day of January, 2018. 6717"eZ---- Lisa Brown, Oakland'County