HomeMy WebLinkAboutResolutions - 2024.09.05 - 41446
AGENDA ITEM: Grant Acceptance with Michigan Department of Environment, Great Lakes, and
Energy (EGLE) for Brownfield Grant Agreement - Rochester Riverfront Place Project
DEPARTMENT: Economic Development - Business Development
MEETING: Board of Commissioners
DATE: Thursday, September 5, 2024 9:42 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4475
Motion to approve the grant award of the 2024 Michigan Brownfield Redevelopment Grant from the
Michigan Department of Environment, Great Lakes and Energy (EGLE), for the period October 1,
2024 through September 30, 2026, in the amount of $1,000,000, for the Rochester Riverfront Place
Project.
ITEM CATEGORY SPONSORED BY
Grant Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The grant will be used to facilitate the redevelopment of a former industrial property in downtown
Rochester. The development will consist of a multi-family residential development which includes a
five-story apartment building and five three-unit townhouse style buildings.
The historical industrial uses of the property are believed to be the source of soil and groundwater
contamination which pose a vapor intrusion risk to the future buildings. Grant funding will be used to
demolish the existing structure on the property, address contaminated soil and groundwater
encountered during construction, and install vapor mitigation systems in the new buildings being
constructed.
The Department of Economic Development has been working with the State of Michigan,
Environment, Great Lakes and Energy (EGLE) department to obtain a $1,000,000 grant to clean
property located at 211 1st Street, Rochester. The Board of Commissioners previously approved the
submittal of the grant application by the Economic Development Department via MR #2024-4050 in
the amount of $1,000,000.
The application was awarded for $1,000,000. There is no local grant match requirement.
The grant award has completed the Grant Review Process in accordance with the Grants Policy
approved by the Board at their January 21, 2021, meeting. The acceptance of this grant does not
obligate the County to any future commitment and continuation of this program is contingent upon
continued future levels of grant funding.
No budget amendment is required at this time.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Bradley Hansen, Business Development Representative Senior
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 9/5/2024
AGENDA DEADLINE: 09/15/2024 9:42 PM
ATTACHMENTS
1. 4a_BRG Agreement_Riverfront Place
2. Act-381-Grant-Loan-Work-Plan-Eligible-Activity-Guidance
COMMITTEE TRACKING
2024-09-05 Economic Development & Infrastucture - Recommend to Board
2024-09-05 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: William Miller III, Robert Hoffman (2)
Passed
Michigan.gov/EGLE Page 1 of 13 EQP1030 (Rev. 5/2022)
BROWNFIELD GRANT AGREEMENT
BETWEEN THE
MICHIGAN DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY
AND OAKLAND COUNTY
This Grant Agreement (“Agreement”) is made between the Michigan Department of Environment, Great
Lakes, and Energy (EGLE), Remediation and Redevelopment Division (“State"), and Oakland County
("Grantee").
The purpose of this Agreement is to provide funding in exchange for work to be performed for the
project named below.The State is authorized to provide grant assistance pursuant to Clean Michigan
Initiative Implementation, Public Act 196, of Act 451 of 1994 as amended. This Agreement is subject to
the terms and conditions specified herein.
PROJECT INFORMATION:
Project Name: Riverfront Place Location Code: 6L82
Amount of grant: $1,000,000 Tracking Code: 2024-2558
Start Date: Date executed by the State End Date: Two Years after Start Date
GRANTEE CONTACT INFORMATION:
Name/Title: Brad Hansen, Senior Business Development Representative
Organization: Oakland County
Address: 2100 Pontiac Lake Road, Building 41W
City, State, ZIP: Waterford, Michigan 48328
Phone Number: 248-858-8073
E-Mail Address: hansenb@oakgov.com
Federal ID Number: 38-6004876
SIGMA Vendor Number: CV0048080
Michigan.gov/EGLE Page 2 of 13 EQP1030 (Rev. 5/2022)
STATE’S CONTACT INFORMATION:
Name/Title: Michelle Bakun, Brownfield Coordinator
Division/Bureau/Office: Remediation and Redevelopment Division
Address: 525 West Allegan Street
City, State, ZIP: Lansing, Michigan 48933
Phone Number: 586-233-3408
E-Mail Address: BakunM@Michigan.gov
The individuals signing below certify by their signatures that they are authorized to sign this Agreement
on behalf of their agencies and that the parties will fulfill the terms of this Agreement, including any
attached appendices, as set forth herein.
FOR THE GRANTEE:
David Woodard, Chairperson
Signature Name/Title Date
FOR THE STATE:
Mike Neller, Director
Signature Name/Title Date
Michigan.gov/EGLE Page 3 of 13 EQP1030 (Rev. 5/2022)
I. PROJECT SCOPE
This Agreement and its appendices constitute the entire Agreement between the State and the
Grantee and may be modified only by written agreement between the State and the Grantee.
(A) The scope of this project is limited to the activities specified in Appendix A and such activities as are
authorized by the State under this Agreement. Any change in project scope requires prior written
approval in accordance with Section III, Changes, in this Agreement.
(B) By acceptance of this Agreement, the Grantee commits to complete the project identified in
Appendix A within the time period allowed for in this Agreement and in accordance with the terms and
conditions of this Agreement.
II. AGREEMENT PERIOD
Upon signature by the State, the Agreement shall be effective from the Start Date until the End Date on
page 1. The State shall have no responsibility to provide funding to the Grantee for project work
performed except between the Start Date and the End Date specified on page 1. Expenditures made
by the Grantee prior to the Start Date or after the End Date of this Agreement are not eligible for
payment under this Agreement.
III. CHANGES
Any changes to this Agreement other than budget line item revisions 20 percent or less of the total
Agreement amount shall be requested by the Grantee or the State in writing and implemented only
upon approval in writing by the State. The State reserves the right to deny requests for changes to
the Agreement or to the appendices. No changes can be implemented without approval by the State.
IV. GRANTEE DELIVERABLES AND REPORTING REQUIREMENTS
The Grantee shall submit deliverables and follow reporting requirements specified in Appendix A of
this Agreement.
(A) The Grantee must complete and submit quarterly progress reports according to a form and
format prescribed by the State and must include supporting documentation of eligible project
expenses. These reports shall be due according to the following:
Reporting Period Due Date
January 1 – March 31 April 30
April 1 – June 30 July 31
July 1 – September 30 Before October 15*
October 1 – December 31 January 31
*Due to the State’s year-end closing procedures, there will be an accelerated due date for the report
covering July 1 – September 30. Advance notification regarding the due date for the quarter ending
Michigan.gov/EGLE Page 4 of 13 EQP1030 (Rev. 5/2022)
September 30 will be sent to the Grantee. If the Grantee is unable to submit a report in early October
for the quarter ending September 30, an estimate of expenditures through September 30 must be
submitted to allow the State to complete its accounting for that fiscal year.
The forms provided by the State shall be submitted to the State’s contact at the address on page 1.
All required supporting documentation for expenses must be included with the report as outlined in
Appendix A.
(B) The Grantee shall provide a final project report in a format prescribed by the State. The Grantee
shall submit the final status report, including all supporting documentation for expenses, along with
the final project report and any other outstanding products within 30 days from the End Date of the
Agreement.
(C) The Grantee must provide electronic copies of all products and deliverables in accordance with
Appendix A.
(D) All products shall acknowledge that the project was supported in whole or in part by EGLE, per the
guidelines provided by the program.
(E) If 15 percent (15%) or more of the grant amount is expended in a single quarter, payment
requests may be submitted once monthly during that quarter.
V. GRANTEE RESPONSIBILITIES
(A) The Grantee agrees to abide by all applicable local, state, and federal laws, rules, ordinances,
and regulations in the performance of this grant.
(B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award of this
grant is not a guarantee of permit approval by the State.
(C) The Grantee shall be solely responsible to pay all applicable taxes and fees, if any, that arise from
the Grantee’s receipt or execution of this grant.
(D) The Grantee is responsible for the professional quality, technical accuracy, timely completion, and
coordination of all designs, drawings, specifications, reports, and other services submitted to the
State under this Agreement. The Grantee shall, without additional compensation, correct or revise
any errors, omissions, or other deficiencies in drawings, designs, specifications, reports, or other
services.
(E) The State’s approval of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve the Grantee of responsibility for the
technical adequacy of the work. The State’s review, approval, acceptance, or payment for any of the
services shall not be construed as a waiver of any rights under this Agreement or of any cause of
action arising out of the performance of this Agreement.
(F) The Grantee acknowledges that it is a crime to knowingly and willingly file false information with
the State for the purpose of obtaining this Agreement or any payment under the Agreement, and that
any such filing may subject the Grantee, its agents, and/or employees to criminal and civil
prosecution and/or termination of the grant.
Michigan.gov/EGLE Page 5 of 13 EQP1030 (Rev. 5/2022)
VI. USE OF MATERIAL
Unless otherwise specified in this Agreement, the Grantee may release information or material
developed under this Agreement, provided it is acknowledged that the State funded all or a portion of
its development.
The State, and federal awarding agency, if applicable, retains a royalty-free, nonexclusive and
irrevocable right to reproduce, publish, and use in whole or in part, and authorize others to do so, any
copyrightable material or research data submitted under this grant whether or not the material is
copyrighted by the Grantee or another person. The Grantee will only submit materials that the State
can use in accordance with this paragraph.
VII. ASSIGNABILITY
The Grantee shall not assign this Agreement or assign or delegate any of its duties or obligations
under this Agreement to any other party without the prior written consent of the State. The State
does not assume responsibility regarding the contractual relationships between the Grantee and any
subcontractor.
VIII. SUBCONTRACTS
The State reserves the right to deny the use of any consultant, contractor, associate, or other
personnel to perform any portion of the project. The Grantee is solely responsible for all contractual
activities performed under this Agreement. Further, the State will consider the Grantee to be the sole
point of contact with regard to contractual matters, including payment of any and all charges resulting
from the anticipated Grant. All subcontractors used by the Grantee in performing the project shall be
subject to the provisions of this Agreement and shall be qualified to perform the duties required.
IX. NON-DISCRIMINATION
The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq., the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL
37.1101 et seq., and all other federal, state, and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant for
employment, to be employed in the performance of this Agreement, with respect to his or her hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment, because of his or her race, religion, color, national origin, age, sex, height, weight,
marital status, or physical or mental disability that is unrelated to the individual’s ability to perform the
duties of a particular job or position. The Grantee agrees to include in every subcontract entered into
for the performance of this Agreement this covenant not to discriminate in employment. A breach of
this covenant is a material breach of this Agreement.
X. UNFAIR LABOR PRACTICES
The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278,
as amended, MCL 423.321 et seq.
Michigan.gov/EGLE Page 6 of 13 EQP1030 (Rev. 5/2022)
XI. LIABILITY
(A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or
costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability is
caused by the Grantee, or any employee or agent of the Grantee acting within the scope of their
employment or agency.
(B) Nothing in this Agreement should be construed as a waiver of any governmental immunity by the
Grantee, the State, its agencies, or their employees as provided by statute or court decisions.
XII. CONFLICT OF INTEREST
No government employee, or member of the legislative, judicial, or executive branches, or member of
the Grantee’s Board of Directors, its employees, partner agencies, or their families shall benefit
financially from any part of this Agreement.
XIII. ANTI-LOBBYING
If all or a portion of this Agreement is funded with federal funds, then in accordance with 2 CFR 200,
as appropriate, the Grantee shall comply with the Anti-Lobbying Act, which prohibits the use of all
project funds regardless of source, to engage in lobbying the state or federal government or in
litigation against the State. Further, the Grantee shall require that the language of this assurance be
included in the award documents of all subawards at all tiers.
If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use any of
the grant funds awarded in this Agreement for the purpose of lobbying as defined in the State of
Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly with an official
of the executive branch of state government or an official in the legislative branch of state government
for the purpose of influencing legislative or administrative action.” The Grantee shall not use any of
the grant funds awarded in this Agreement for the purpose of litigation against the State. Further, the
Grantee shall require that language of this assurance be included in the award documents of all
subawards at all tiers.
XIV. DEBARMENT AND SUSPENSION
By signing this Agreement, the Grantee certifies that it has checked the federal
debarment/suspension list at www.SAM.gov to verify that its agents, and its subcontractors:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or the state.
(2) Have not within a three-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction
or contract under a public transaction, as defined in 45 CFR 1185; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
Michigan.gov/EGLE Page 7 of 13 EQP1030 (Rev. 5/2022)
(3) Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in subsection (2).
(4) Have not within a three-year period preceding this Agreement had one or more public
transactions (federal, state, or local) terminated for cause or default.
(5) Will comply with all applicable requirements of all other state or federal laws, executive orders,
regulations, and policies governing this program.
XV. AUDIT AND ACCESS TO RECORDS
The State reserves the right to conduct a programmatic and financial audit of the project, and the State
may withhold payment until the audit is satisfactorily completed. The Grantee will be required to
maintain all pertinent records and evidence pertaining to this Agreement, including grant and any
required matching funds, in accordance with generally accepted accounting principles and other
procedures specified by the State. The State or any of its duly authorized representatives must have
access, upon reasonable notice, to such books, records, documents, and other evidence for the
purpose of inspection, audit, and copying. The Grantee will provide proper facilities for such access
and inspection. All records must be maintained for a minimum of five years after the final payment has
been issued to the Grantee by the State.
XVI. INSURANCE
(A) The Grantee must maintain insurance or self-insurance that will protect it from claims that may
arise from the Grantee’s actions under this Agreement.
(B) The Grantee must comply with applicable workers’ compensation laws while engaging in activities
authorized under this Agreement.
XVII. OTHER SOURCES OF FUNDING
The Grantee guarantees that any claims for reimbursement made to the State under this Agreement
must not be financed by any source other than the State under the terms of this Agreement. If
funding is received through any other source, the Grantee agrees to delete from Grantee's billings, or
to immediately refund to the State, the total amount representing such duplication of funding.
XVIII. COMPENSATION
(A) A breakdown of costs allowed under this Agreement is identified in Appendix A. The State will pay
the Grantee a total amount not to exceed the amount on page 1 of this Agreement, in accordance with
Appendix A, and only for expenses incurred and paid. All other costs necessary to complete the project
are the sole responsibility of the Grantee.
(B) Expenses incurred by the Grantee prior to the Start Date or after the End Date of this Agreement
are not allowed under the Agreement, unless otherwise specified in Appendix A.
Michigan.gov/EGLE Page 8 of 13 EQP1030 (Rev. 5/2022)
(C) The State will approve payment requests after approval of reports and related documentation as
required under this Agreement.
(D) The State reserves the right to request additional information necessary to substantiate payment
requests.
(E) Payments under this Agreement may be processed by Electronic Funds Transfer (EFT). The
Grantee may register to receive payments by EFT at the SIGMA Vendor Self Service web site
(https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService).
(F) An amount equal to ten percent (10%) of the grant award will be withheld by the State until the
project is completed in accordance with Section XIX, Closeout, and Appendix A.
XIX. CLOSEOUT
(A) A determination of project completion, which may include a site inspection and an audit, shall be
made by the State after the Grantee has met any match obligations, satisfactorily completed the
activities, and provided products and deliverables described in Appendix A.
(B) Upon issuance of final payment from the State, the Grantee releases the State of all claims
against the State arising under this Agreement. Unless otherwise provided in this Agreement or by
State law, final payment under this Agreement shall not constitute a waiver of the State’s claims
against the Grantee.
(C) The Grantee shall immediately refund to the State any payments in excess of the costs allowed
by this Agreement.
XX. CANCELLATION
This Agreement may be canceled by the State, upon 30 days written notice, due to Executive Order,
budgetary reduction, other lack of funding, upon request by the Grantee, or upon mutual agreement
by the State and Grantee. The State may honor requests for just and equitable compensation to the
Grantee for all satisfactory and eligible work completed under this Agreement up until 30 days after
written notice, upon which time all outstanding reports and documents are due to the State and the
State will no longer be liable to pay the grantee for any further charges to the grant.
XXI. TERMINATION
(A) This Agreement may be terminated by the State as follows.
(1) Upon 30 days written notice to the Grantee:
a. If the Grantee fails to comply with the terms and conditions of the Agreement, or with the
requirements of the authorizing legislation cited on page 1, or the rules promulgated
thereunder, or other applicable law or rules.
b. If the Grantee knowingly and willingly presents false information to the State for the purpose
of obtaining this Agreement or any payment under this Agreement.
Michigan.gov/EGLE Page 9 of 13 EQP1030 (Rev. 5/2022)
c. If the State finds that the Grantee, or any of the Grantee’s agents or representatives, offered
or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of the
State in an attempt to secure a subcontract or favorable treatment in awarding, amending,
or making any determinations related to the performance of this Agreement.
d. If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in the
register of persons engaging in unfair labor practices that is compiled by the Michigan
Department of Licensing and Regulatory Affairs or its successor.
e. During the 30-day written notice period, the State shall withhold payment for any findings
under subparagraphs a through d above, and the Grantee will immediately cease charging
to the grant and stop earning match for the project (if applicable).
(2) Immediately and without further liability to the State if the Grantee, or any agent of the
Grantee, or any agent of any subcontract is:
a. Convicted of a criminal offense incident to the application for or performance of a State,
public, or private contract or subcontract;
b. Convicted of a criminal offense, including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen
property, or attempting to influence a public employee to breach the ethical conduct
standards for State of Michigan employees;
c. Convicted under State or federal antitrust statutes; or
d. Convicted of any other criminal offense that, in the sole discretion of the State, reflects on
the Grantee’s business integrity.
e. Added to the federal or state Suspension and Debarment list.
(B) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a portion
of funds received under this Agreement.
XXII. IRAN SANCTIONS ACT
By signing this Agreement, the Grantee is certifying that it is not an Iran linked business, and that its
contractors are not Iran linked businesses, as defined in MCL 129.312.
XXIII. ACCESS AGREEMENTS
A voluntary access agreement or court-ordered access must be secured by the Grantee prior to
performance of the scope of work described in Appendix A for any portion of the project area or
property where grant activities will be undertaken and that is not owned by the Grantee. Evidence
of access must be provided to the State at its request.
XXIV. GRANT ADMINISTRATION
Grant Administration costs are eligible for reimbursement in accordance with Appendix A. Grant
administration costs will be limited to three percent (3%) of the total award amount.
Michigan.gov/EGLE Page 10 of 13 EQP1030 (Rev. 5/2022)
XXV. INELIGIBLE EXPENSES
Although the following costs may be related to the scope of work described in Appendix A, the
following are ineligible for reimbursement under the grant:
Office equipment; software; insurance; taxes, except sales taxes; replacement or purchase of
equipment; drinking water supply replacement, defined as but is not limited to, providing bottled
water, constructing a new well, and extending or constructing a water supply system; operation
and maintenance of long term response and due care activities; restoration of property or
infrastructure, unless included in Appendix A; fees for attorneys or legal advice except for
administrative or management costs directly related to implementing the grant; grant recipient staff
time for application submittal; costs for eligible activities reimbursed under the Brownfield
Redevelopment Financing Act, 1996 Public Act 381, as amended (Act 381); costs incurred for
activities outside a State-approved work plan; labor overtime rates; and training.
Travel costs for either vehicle use or vehicle mileage will be reimbursed, but not both. Vehicle
mileage will be reimbursed at a maximum of the federal rate allowed by the Internal Revenue
Service at the time the costs are incurred.
Fees, such as those incurred for state or local permits; underground storage tank registration; late
fees; or other fees may be eligible at the State’s discretion. Other expenses may be determined
ineligible in the course of invoice reviews.
XXVI. BIDS, CONTRACTORS
(A) For contracts for work performed under this agreement that totals $20,000 or more, the
Grantee shall provide, or cause to be provided, the qualifications of the selected contractor(s) to
the State. The State reserves the right to object to the selected contractor(s) or their qualifications.
If the State has objections, it will inform the Grantee in writing within 30 days of receipt of the
selected contractor’s qualifications.
(B) For any contract for work performed under this agreement that totals $20,000 or more, except
professional services, the Grantee shall solicit, or cause to be solicited, bids from at least three
qualified contractors. The way in which bids or requests for quotes (RFQs) are solicited must be
done in a manner acceptable to the Grantee. The Grantee shall provide the State copies of the bid
specifications, proof of bid solicitation to at least three qualified contractors, copies of all bids
received, a bid tabulation, and a written contractor recommendation. If the contractor that
submitted the lowest bid is not the contractor selected, the Grantee must submit written justification
for the selection.
(C) Any contractor(s) retained for corrective action on regulated underground storage tanks shall
be a qualified underground storage tank consultant that meets the requirements of Section 21325 of
Part 213, Leaking Underground Storage Tanks of the NREPA.
(D) Any contractor(s) and professionals retained with state funds must possess appropriate
qualifications, experience, licensing, and insurance for the work including but not limited to,
surveying; engineering; asbestos, lead, mold, and hazardous material abatement; and transport,
storage, and disposal of hazardous and non-hazardous waste.
Michigan.gov/EGLE Page 11 of 13 EQP1030 (Rev. 5/2022)
(E) Subsurface work on contaminated properties that involves penetrating or disturbing the
existing surfaces; working with subsurface infrastructure, monitoring wells, or sewers; handling of
existing soil, sediments, or groundwater; or other site activities with the reasonable potential for
unacceptable human exposure must be conducted by personnel in accordance with OSHA and
MIOSHA requirements, including under HAZWOPER, MIOSHA-STD-1216 and 29 CFR 1910.120, as
applicable.
(F) Contractor markup on subcontractors and equipment is limited to a maximum of ten percent
(10%) of the original cost, and subject to approval by the State.
XXVII. WORK PLANS AND PROJECT IMPLEMENTATION
(A) Prior to conducting any activities under the Agreement, the Grantee or its contractor shall
submit a detailed work plan to the State for its approval. Work plans must include a description of
the proposed activities, a budget, and a schedule for conducting the activities under Appendix A.
A supplementary work plan, budget, and schedule are required for each subsequent phase of
work. The Grantee and its contractor shall not proceed with grant- funded activities until the State
approves the work plan, budget, and schedule in writing. The State may approve, modify and
approve, or require amendments to the work plan.
(B) The Grantee or its contractor shall implement the work plan upon the State’s written
approval and according to the schedules contained therein. Changes or additions to the work
plan may be submitted in writing and are subject to approval by the State. Changes to work plans
without prior approval from the State, or performance of activities that are not part of an approved
work plan or an amendment to a work plan, may result in the Grantee being responsible for
payment of unapproved activities.
XXVIII. ECONOMIC DEVELOPMENT
(A) The Grant Recipient acknowledges by its signature of this Agreement that there have been
no material changes in the economic development proposal, property ownership, or other
conditions of the property or project since the date the grant funds were awarded.
(B) In the event the proposed development changes or is not implemented, the Grantee shall
immediately notify the State in writing and shall try to secure a new development project for the
property. The Grantee shall then notify the State in writing of the proposed development. The
alternate development project is also subject to approval by the State.
XXIX. OTHER TERMS AND CONDITIONS
(A) The State may withhold the grant until the State determines that the Grantee is able to
proceed with the project scope described in Appendix A, pursuant to Part 196, Section 19612(3), of
the NREPA.
(B) Following completion of the project, the State may conduct compliance inspections to
determine whether the project is being maintained for the use specified in this Agreement.
(C) The Grantee acknowledges, by signature of this Agreement, that the State is not obligated to
Michigan.gov/EGLE Page 12 of 13 EQP1030 (Rev. 5/2022)
provide additional funding beyond the Agreement amount should additional environmental costs be
necessary to complete the project.
(D) If necessary to allow for completion of the project, the Grantee and State may mutually
agree to extend the term of the Agreement. Agreement extensions should be requested by the
Grantee or the State in writing, prior to the Agreement end date. This Agreement may only be
extended by a signed agreement between both parties.
If you need this information in an alternate format, contact EGLE-Accessibility@Michigan.gov or
call 800-662-9278.
EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color,
marital status, disability, political beliefs, height, weight, genetic information, or sexual
orientation in the administration of any of its programs or activities, and prohibits intimidation
and retaliation, as required by applicable laws and regulations. Questions or concerns should
be directed to the Nondiscrimination Compliance Coordinator at EGLE-
NondiscriminationCC@Michigan.gov or 517-249-0906.
This form and its contents are subject to the Freedom of Information Act and may be released
to the public.
Michigan.gov/EGLE Page 13 of 13 EQP1030 (Rev. 5/2022)
APPENDIX A
APPENDIX A
for BROWNFIELD REDEVELOPMENT GRANT / LOAN
AGREEMENT
Project Details
Project Name
and Address
Riverfront Place
211 First Street
Rochester, Michigan 48317
Grantee /
Borrower Oakland County
Tracking Code 2024-2558 Location Code 6L82
Capital
Investment $28,000,000 Jobs Created 10 full-time equivalent
Total Grant
Funding $1,000,000 Total Loan
Funding $0
PROJECT DESCRIPTION:
The grant will be used to facilitate the redevelopment of a former industrial property in downtown
Rochester. The development will consist of a multi-family residential development which includes a
five-story apartment building and five three-unit townhouse style buildings.
The historical industrial uses of the property are believed to be the source of soil and groundwater
contamination which pose a vapor intrusion risk to the future buildings. Grant funding will be used to
demolish the existing structure on the property, address contaminated soil and groundwater
encountered during construction, and install vapor mitigation systems in the new buildings being
constructed.
ANTICIPATED SCOPE OF WORK / BUDGET: The scope of work will take place within the project
boundaries identified in Figure 1 and includes the following activities to facilitate the safe reuse of the
property:
1.Assessment and investigation including, but not limited to additional investigation and
sampling and Baseline Environmental Assessment activities.
2.Due care including, but not limited to preparation of a documentation of due care
compliance, dewatering attributable to contamination, infiltration and diversion barriers,
and the design, installation and commissioning of a vapor mitigation system.
3.Demolition and asbestos abatement including, but not limited to demolition of the on-site
building, pavement, and other site features.
4.To request closeout of the grant, the Grantee must provide a comprehensive grant closeout
report in the format provided by the Department of Environment, Great Lakes, and Energy
(EGLE). The report will include a summary of each activity completed under the grant,
relevant documentation, and any outstanding deliverables.
Page 2 of 3
5.During the time of the grant funded activities, the Grantee is required to install a full color,
48” by 96” grommeted vinyl sign, or equivalent, on the property displaying the EGLE logo.
An image file with the sign design will be provided to the Grantee by the brownfield
coordinator.
6.Grant administration including, but not limited to grant management, tracking, and
reporting activities by Grantee.
7.Contingency for unanticipated conditions that may be encountered during the performance
of eligible activities. Contingency will not be utilized without authorization from EGLE.
Task Grant
1. Assessment and Investigation $75,000
2. Due Care $753,500
3. Demolition and Asbestos Abatement* $36,000
4. EGLE Grant Closeout Report $5,000
5. EGLE Sign $500
6. Grant Administration $30,000
7. Contingency $100,000
Total $1,000,000
* Demolition and abatement costs (Task 3) cannot exceed the total combined cost of environmental
activities (Tasks 1-2) funded by EGLE and other sources. If demolition and abatement occur before the
environmental activities, demolition and abatement reimbursement will be deferred until the
environmental activity costs incurred equal or exceed the costs incurred for demolition and
abatement.
In addition to the broad budget items above, the grant may be used for work plan and budget
development, bid solicitation, technical specifications, oversight, project management, reporting and
other task related activities approved by the EGLE brownfield coordinator. Operation and maintenance
plans must be prepared for any engineering controls implemented with the grant funding. All grant-
eligible work, including tasks not listed above, must be approved in advance. Work completed without
an approved work plan may not be eligible for grant or loan reimbursement.
The grant administration, third-party environmental oversight, and EGLE sign budgets are approved
upon signature of this agreement. Prior to the start of any other grant-eligible work, a work plan must
be submitted to EGLE for review and approval.
Page 3 of 3
A pre-approved budget amount for work plan development is provided that includes up to $3,000 per
work plan. If development of a work plan is expected to cost more than the pre-approved budget, the
anticipated cost to develop the work plan must be approved by the brownfield coordinator in advance,
or the excess cost will not be eligible for reimbursement. Work plan development will be paid for under
the appropriate budget items listed above. Refer to EGLE’s Brownfield Eligible Activity Resource
document when preparing the work plan.
Progress reports must be submitted quarterly even if no expenses were incurred during the quarter.
Progress reports must include invoices for expenses incurred during the quarter.
Project deliverables for activities paid for by the grant must be provided to EGLE throughout the course
of the grant. Deliverables may include, but are not limited to, bid documentation as required by the
agreement, invoices and appropriate backup documentation for reimbursement, technical reports, and
summaries of activities completed under the grant (including dates, quantities, transport and/or
disposal documentation, monitoring summaries, photos, logs, figures/as built drawings/site plans,
data/analytical results, or other relevant documentation.) A copy of EGLE’s Brownfield Grant and Loan
Deliverable Guidance will be provided during the Kick-Off Meeting or can be requested at any time.
Ten percent of the grant award or amount spent will be retained by EGLE until the project is complete,
including receipt of all deliverables, closeout reporting, and documentation that the vapor mitigation
system is fully commissioned and operating as designed.
SCHEDULE: The grant administration and third-party environmental oversight professional tasks will be
conducted during the entire length of the agreement. Work under the contingency task will be
completed as necessary. Following the start of the agreement, the remaining tasks are anticipated to be
conducted in the timeframes described below.
Task # Task Schedule (Months following signed
agreement)
1 Assessment and Investigation Months 1-6
2 Due Care Months 6-24
3 Demolition and Asbestos Abatement Months 1-6
4 EGLE Grant Closeout Report Month 24
A more detailed schedule for above tasks shall be provided by the Grantee within the project work
plans.
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FIGURE 1
EGLE Remediation and Redevelopment Division, 7/12/2024
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Michigan Department of Environment, Great Lakes, and Energy
ACT 381 & GRANT/LOAN WORK PLAN
ELIGIBLE ACTIVITY GUIDANCE
ACT 381 & GRANT/LOAN WORK PLAN ELIGIBLE ACTIVITY GUIDANCE
In order to gain approval for eligible activities by the Michigan Department of Environment, Great Lakes and Energy
(EGLE), at a minimum, the work plan must:
•Demonstrate that the activities are eligible and an explanation of why;
•Describe how activities will be protective of public health, safety, and welfare, and the environment; and
•Detail how activities are cost effective and will be implemented or accomplished including methods,
drawings, quantities, unit costs, etc. Additional information necessary may include, but is not limited to, the
nature and extent of contamination, the location, depth, volume, disposal locations, how cost estimates
were determined, and rationale that the lowest cost alternative method is used or was considered.
For additional guidance, the document below contains a list of typical eligible activities and the level of detail the
Department is looking for in a work plan. If this is a grant/loan work plan, “Tasks” should be in line with the broad
tasks presented in Appendix A of the grant/loan agreement, followed by individual eligible activities/sub-activities.
For the purpose of this work plan, “Tasks”, “Activities”, and “Sub-Activities” are defined as follows:
•Tasks: are the broad category tasks as provided in Appendix A of the grant/loan agreement
•Activities: are high level category activities (e.g., Phase I Environmental Site Assessment [ESA], Phase II ESA,
contaminated soil management, vapor mitigation system [VMS], etc.) that may or may not have more
detailed components or sub-activities, as defined below
•Sub-Activities: are the detailed components of an activity (e.g., drilling, ground penetrating radar [GPR],
laboratory analytical, field work, reporting, transportation, disposal, waste characterization, oversight, project
management, contractor procurement, design, installation, performance monitoring, etc.)
Example:
Assessment (Task)
Phase I ESA (Activity)
Phase II ESA (Activity)
Drilling (Sub-Activity)
GPR (Sub-Activity)
Laboratory Analytical (Sub-Activity)
Field Work (Sub-Activity)
Reporting (Sub-Activity)
Baseline Environmental Assessment (Activity)
ELIGIBLE ACTIVITIES
General Notes:
•With all items provided below, this is not a comprehensive list but rather a tool to help understand the level
of detail the Department is looking for in a work plan in accordance with state brownfield statutes and
policies. Please use your professional judgement, and include, modify, add or delete information as
appropriate to your project and eligible activities.
•The level of detail below for Assessment and Investigation activities is only required for a Grant/Loan Work
Plan and not for Act 381.
1
Act 381 & Grant/Loan Work Plan Eligible Activity Guidance
•In accordance with state brownfield statutes and policies brownfield redevelopment grants used solely for
assessment purposes must:
o Identify future potential limitations on the use of the property based on the environmental conditions
identified in the assessment; and
o Include an estimate of due care and/or response activity costs based on the environmental
conditions identified in the assessment.
•If this work plan includes costs for soft costs (e.g., contractor procurement, engineering, design, legal
services, oversight, project management, reporting) or temporary costs (e.g., staking, land control, soil
erosion and sedimentation control, construction access roads, truck washes, traffic control, facility, utilities,
etc.) in association with an eligible activity please provide the following with each associated activity below:
o A detailed scope of work, breakdown of costs provided in Table 1, and locations of activities/sub-
activities on Figures; and
o Justification of why the activity/sub-activity is associated with an eligible activity and not a normal
cost of development and a demonstration that only the additional incremental cost associated with
the eligible activity beyond the cost associated with the normal cost of development is included.
Phase I ESA
If this work plan includes costs for a Phase I ESA, at a minimum this section should provide the following:
•Reason, scope of work, and referenced standards for the Phase I ESA
Asbestos and Hazardous Materials Survey
If this work plan includes costs for an Asbestos and Hazardous Materials Survey, at a minimum this section should
provide the following:
•The standards and regulations that survey will be based on
•A general or detailed scope of work of the survey depending on what is known
•Estimated number and type of samples planned to be collected (e.g. potential asbestos containing materials
[PACM], waste characterization, lead based paint [LBP], etc.), if known
•If sampling is planned, please refer to the “Phase II ESA/Subsurface or Other Investigation guidance below
Phase II ESA/Subsurface or Other Investigation
If this work plan includes costs for a Phase II ESA/subsurface investigation or other investigation, at a minimum this
section should read like a sampling and analysis plan (SAP) and provide the following:
•Purpose for conducting the Phase II ESA/subsurface investigation/supplemental subsurface investigation
(e.g., due diligence, characterization, due care investigation, etc.)
•The standards, if any, the investigation is based on
•A detailed scope of work of what the investigation will entail (e.g., ground penetrating radar, test pits, hand
auger borings, geo-probe borings, hollow-stem auger borings, wells to be installed, soil vapor points to be
installed, media to be sampled and analyzed, field and lab quality assurance/quality control [QA/QC], waste
characterization, methodologies, reports prepared)
•Number of samples
•Sample locations provided on an attached Figure
•Laboratory analytical planned for samples collected
•Data quality objectives (DQO) (e.g., decision units, methodology, etc.) if incremental sampling is proposed
(Please note additional information may be necessary)
Baseline Environmental Assessment
If this work plan includes costs for a Baseline Environmental Assessment (BEA), at a minimum this section should
provide the following:
•Narrative of the scope of work
2
Act 381 & Grant/Loan Work Plan Eligible Activity Guidance
Plan for Compliance with Section 20107a and/or 21304c
If this work plan includes costs for preparing a Plan for compliance with Section 20107a and/or 21304c, at a
minimum this section should provide the following:
• Narrative for scope of work
Lead, Asbestos, Mold Abatement and Demolition (Note: these activities would need to be considered a
response activity under Act 381)
If this work plan includes costs for lead, asbestos, mold abatement or demolition, at a minimum this section should
provide the following:
• A detailed scope of work for each activity/sub-activity associated with lead, asbestos, mold abatement or
demolition (e.g., removal of ACM, removal or encapsulation of lead paint, removal of mold, site demolition,
building demolition, interior and/or partial demolition, etc.)
• If this lead, mold, or asbestos abatement is considered an imminent and significant threat to human health,
justification that it is
• If this demolition activity is considered a response activity under a grant/loan, justification that the
demolition is necessary due to contamination, to access contamination, or to protect public health, safety,
and welfare and the environment
• If this demolition activity is not considered a response activity under a grant/loan, justification that the
combined costs of activities including disposal of solid waste, lead, asbestos, or mold abatement, and
demolition that is not related to contamination, removal and disposal of contaminated lake or river
sediments are less than the cost of eligible environmental activities
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
Transportation and Disposal of Contaminated Material
If this work plan includes costs for transportation and disposal of contaminated material (e.g., soil, urban fill, etc.), at
a minimum this section should provide the following:
• A detailed scope of work for each activity/sub-activity associated with transportation and disposal of
contaminated material (e.g., transportation, disposal, waste characterization, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1 including unit costs per ton or yard,
etc.
• Locations of activities provided on an attached Figure
• Justification that the material being transported and disposed of is contaminated
• Justification of why the activity/sub-activity is associated with due care and not a normal cost of
development
• Maps provided as figures with descriptions of where the contaminated material will be removed from
• Estimated quantities of material to be removed
• Estimated dimensions of material to be removed
Contaminated Source Soil Removal
If this work plan includes costs for contaminated source soil removal, at a minimum this section should provide the
following:
• A detailed scope of work for each activity/sub-activity associated with contaminated source soil removal
(e.g., excavation, transportation, disposal, waste characterization, backfill, compaction, surveying and
staking, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Justification that the material being transported and disposed of is a source area of contamination
3
Act 381 & Grant/Loan Work Plan Eligible Activity Guidance
• Justification of why the activity/sub-activity is a response activity and not a normal cost of development
• Maps provided as figures with descriptions of where the contaminated material will be removed from
• Estimated quantities of material to be removed
• Estimated dimensions of material to be removed
On-Site Soil Management
If this work plan includes costs for on-site soil management (e.g., relocation, berming, fill, cover, etc.) at a minimum
this section should provide the following:
• A detailed scope of work for each activity/sub-activity associated with on-site soil management
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
• Justification that the soil being managed on site is contaminated
• Justification of why the activity/sub-activity is associated with due care and not a normal cost of
development (i.e., land balancing, etc.) or a demonstration that only the additional incremental cost beyond
the cost associated with the normal cost of development is included
Container Removal
If this work plan includes costs for container (e.g., hazardous materials, drums, hoists, hoist tanks, above ground
storage tanks, etc.) removal, at a minimum this section should provide the following:
• A detailed scope of work including, but not limited to, containers to be removed, quantities, waste
characterization necessary, methodologies, etc.
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
Dewatering
If this work plan includes costs for dewatering, at a minimum this section should provide the following:
• A detailed scope of work for each activity/sub-activity associated with dewatering (e.g., pumping (note:
pumping is generally considered a normal cost of development), treatment, transportation, and/or disposal
of contaminated groundwater, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
• Justification that the groundwater is contaminated or that dewatering is limited to runoff or rain event
dewatering on contaminated land
• Justification of why the activity/sub-activity is associated with due care and not a normal cost of
development
• A cost-benefit analysis that demonstrates how the proposed cost is the least cost alternative for dewatering
(e.g. frac tank/trucking and disposal, National Pollutant Discharge Elimination System [NPDES] permit and
discharge, groundwater discharge [permit or via Part 22 District approval], or discharge to a local sanitary
system, etc.)
Vapor Mitigation System
A work plan including a VMS must be approved by the vapor intrusion (VI) specialist or VI technical and program
support (TAPS) team within EGLE. Depending on response times of the developer’s design team, this approval could
take an average of 60 days from receipt of a complete plan. It is recommended to consult with your brownfield
coordinator and technical project manager early when a VMS is proposed. Please refer to the following checklists
attached:
o Checklist for Developing a Conceptual Site Model (CSM)
4
Act 381 & Grant/Loan Work Plan Eligible Activity Guidance
o Checklist for Reviewing the Design of a Passive Mitigation System
o Checklist for Reviewing the Design of an Active Mitigation System
Note: It would help your review to include the appropriate checklist(s) along with associated page numbers and/or
references with your submittal
Some commonly missed items include:
• Data to identify site contaminants in all media and their potential migration pathway
• Data sufficient to support mitigation choice
• Written description of each component and activity/sub-activity associated with the VMS
• Building layout
• Engineered VMS design and figures with locations of VMS components including, but not limited to, barrier,
ventilation configuration, calculations demonstrating flow, radius of influence, and air quality exemptions,
installation verification, testing, and quality assurance/quality control, signage, and performance monitoring
components
• VMS technical specifications including demonstration that the barrier or system is protective of the
contaminants on the property
• Installation report to demonstrate as built system
• Performance monitoring plan
• Operations and maintenance plan
• A breakdown of costs for each component and/or activity/sub-activity provided in Table 1
Direct Contact Barrier
If this work plan includes costs for a direct contact barrier, at a minimum this section should provide the following:
• A detailed scope of work for the direct contact barrier (e.g., thickness, material, specifications, justification
that the barrier is protective of the contaminants on site, etc.)
• Justification that the barrier is warranted (e.g., contaminated soil near the surface is contaminated above
direct contact criteria over the entire area of the proposed barrier, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
Infiltration Prevention and Diversion Barriers
If this work plan includes costs for infiltration prevention and/or diversion barriers, at a minimum this section should
provide the following:
• A detailed scope of work for the barrier (e.g. thickness, material, specifications, justification that the barrier
is protective of the contaminants on site, etc.)
• Justification that contamination is present to warrant this engineering control
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
Underground Storage Tank Removal and/or Closure
If this work plan includes costs for underground storage tank (UST) removal and/or closure, at a minimum this section
should provide the following:
• A detailed scope of work for each activity/sub-activity (e.g., investigation, GPR, UST removal, contaminated
soil removal, waste characterization, backfill and compaction, verification sampling, reporting, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
5
Act 381 & Grant/Loan Work Plan Eligible Activity Guidance
Specialized Foundations
If this work plan includes costs for specialized foundations, at a minimum this section should provide the following:
• A detailed scope of work for each component of the specialized foundations
• A breakdown of costs for each component provided in Table 1
• A cost-benefit analysis by a licensed professional engineer (P.E.) that demonstrates that the additional
incremental cost of the specialized foundation is less expensive than the trucking and disposal costs of the
soil that would be excavated for a typical foundation
• A demonstration that only the additional incremental cost of the specialized foundation beyond the cost of
the standard foundation is included
• Locations of activities provided on attached Figures
• Note: If the local unit of government/developer requesting EGLE funding prefers the higher cost option,
state funds can still be approved for the equivalent of the lowest cost option
Dust Control
If this work plan includes costs for dust control (i.e., actions necessary to prevent or reduce the surface and air
transport of dust during demolition and construction), at a minimum this section should provide the following:
• A detailed scope of work for each activity/sub-activity (e.g., spraying, misting or hosing down a demolition or
construction area with water to minimize on-and off-site dust that may impact air quality, minimizing soil
disturbance, applying cover surface roughening, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
Industrial Cleaning
If this work plan includes costs for industrial cleaning (i.e., cleaning walls, floors, pits, or drains to allow new tenants
to reuse an existing structure, install equipment, or complete interior renovations), at a minimum this section should
provide the following:
• A detailed scope of work for each activity/sub-activity (e.g., wall cleaning, floor cleaning, pit cleaning, drain
cleaning, etc.)
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
Sheeting and Shoring Necessary for the Removal of Contaminated Materials at Projects Requiring a Permit
Under Part 301, 303, or 325 of the Public Act 451, The Natural Resources and Environmental Protection
Act, as amended (NREPA)
If this work plan includes costs for sheeting and shoring (i.e., bracing, sheeting, or shoring necessary prior to excavation
of contaminated material to protect life, the land, or the integrity of the excavation) for the removal of contaminated
materials at projects requiring a permit under Part 301, 303, or 325 of NREPA, at a minimum this section should
provide the following:
• A detailed scope of work for each activity/sub-activity
• A breakdown of costs for each activity/sub-activity provided in Table 1
• Locations of activities provided on attached Figures
6
Act 381 & Grant/Loan Work Plan Eligible Activity Guidance
Disposal of Solid Waste
If this work plan includes costs for disposal of solid waste (e.g., used tires, old appliances and furniture, used car
batteries, etc.), at a minimum this section should provide the following:
•A detailed scope of work for each activity/sub-activity associated with the disposal of solid waste (e.g.,
removal, transportation, disposal, etc.)
•Justification that the combined costs of activities including disposal of solid waste, lead, asbestos, or mold
abatement, and demolition that is not related to contamination, removal and disposal of contaminated lake
or river sediments are less than the cost of eligible environmental activities
•A breakdown of costs for each activity/sub-activity provided in Table 1
•Locations of activities provided on attached Figures
Removal and Disposal of Lake or River Sediments
If this work plan includes costs for removal and disposal of lake or river sediments, at a minimum this section should
provide the following:
•A detailed scope of work for each activity/sub-activity associated with removal and disposal of lake or river
sediments from a navigable waterway (e.g., dredging, testing, transportation, disposal, upland disposal or
cover, provided that on-site disposal does not result in contaminated land, etc.)
•A breakdown of costs for each activity/sub-activity provided in Table 1
•Locations of activities provided on attached Figures
•Justification that the combined costs of activities including disposal of solid waste, lead, asbestos, or mold
abatement, and demolition that is not related to contamination, removal and disposal of contaminated lake
or river sediments are less than the cost of eligible environmental activities
•Justification that the one of the following scenario requirements is met:
o Dredging is tied to an economic development project with a committed developer, and the upland
parcel(s) is contaminated; or
o The sediment is contaminated and would create or exacerbate contaminated land if deposited on
the upland parcel(s)
Third-Party Environmental Oversight Professional
Example Language: Grant/Loan third-party environmental oversight language (e.g., Third-party environmental
oversight is included in this work plan not to exceed the lesser of 5% of the total award amount spent or the amount
included in Appendix A of the agreement, as amended.)
Grant and/or Loan Administration
Example Language: Grant/Loan administration language (e.g., Grant/Loan administration is included in this work
plan not to exceed the lesser of 3% of the total award amount spent or the amount included in Appendix A of the
agreement, as amended.)
Contingency
If contingency was included in the grant/loan award, please use something similar to this Grant/Loan contingency
language (e.g., Contingency is included in this work plan not to exceed the lesser of 15% of the total of eligible activities
or the amount included in Appendix A of the agreement, as amended. The contingency will only be used for
unanticipated conditions that may be encountered during the performance of eligible activities. Further, the
contingency will not be utilized without first consulting (verbal or written) with EGLE before activities are conducted
and subsequently followed up with a written request and approval by EGLE.)
Contingency under Act 381 is allowed up to 15% of the activity/sub-activity costs that have yet to occur.
7
Table 1: Example Activity Costs and Schedule Table
Eligible Activities (Main categories should follow Tasks in
Appendix A or Principle Department Specific Activities;
individual activities/subactivities should be included to fit
your specific project and desired outcome)
Quantity Unit Unit Cost Cost
Estimated
Completion
Quarter /
Completion
Season/Year
Task # TaskName/PrincipleDepartmentSpecificActivity
Activity/DepartmentSpecificActivity $ -
SubActivity/SubActivity (if relevant) $ -
Example: Task 1 Assessment and Investigation $ -
Phase I Environmental Site Assessment (ESA) $ -
Phase II ESA $ -
Drilling $ -
Laboratory Analytical $ -
Field $ -
Report $ -
BEA $ -
Example: Task 2 Due Care $ -
Vapor Mitigation System (VMS) $ -
Design $ -
Contractor Procurement $ -
Installation $ -
Installation Report $ -
Performance/Monitoring $ -
Oversight $ -
Project Management $ -
Contaminated Soil Management $ -
Waste Characterization $ -
Contractor Procurement $ -
Transportation $ -
Disposal $ -
Oversight $ -
Project Management $ -
EGLE Eligible Activities Total Costs $ -
Work Plan Activity Costs and Schedule
Attachment A: Appendix C.2 Checklist for Developing a Conceptual Site Model
Appendix C.2 Page 1 of 3
Figure A.2. CSM illustrating vapors from a
groundwater source
APPENDIX C.2
Developing a Conceptual Site Model
Developing a conceptual site model (CSM) is an important first step for assessing contaminated sites and the
potential for vapor intrusion. Briefly, a CSM is a picture and narrative of the site contamination: how it got there,
whether or not it is migrating or degrading, its distribution across the site, who might be exposed to it, and what risk-
reduction strategies are most feasible. A CSM development actually begins during the Phase I Environmental Site
Assessment with collection and evaluation of site history and reconnaissance information.
During subsequent site characterization activities, the CSM can be
augmented and refined, as necessary, with site-specific information on
source areas, contaminant properties, stratigraphy, hydrogeology,
exposure pathways, and potential receptors. Building and refining a
thorough CSM may involve a combination of techniques and tools to
understand the subsurface, but specifically, investigations for vapor
intrusion often include collecting samples of soil, groundwater, soil vapor,
and/or indoor air. Investigators may use sampling in combination with
predictive models. Constructing a CSM for vapor intrusion requires the
integration of important site characteristics to assist in understanding and
evaluating the potential impacts that vapor intrusion risks pose to potential
receptors.
The purpose for developing a CSM for the vapor intrusion pathway is to
assemble a three-dimensional concept of the site that is as
comprehensive as possible. This is based on reliable data describing the
sources of the contamination, the release/transport mechanisms, the
possible subsurface migration routes, the potential receptors, as well as historical uses of the site, cleanup concerns
expressed by the community, and future land use plans. All the important features relevant to characterization of a
site should be included in a CSM, and any irrelevant ones excluded.
Contents of the Conceptual Site Model
The CSM should present both a narrative and a visual representation of the actual or predicted relationships between
the contaminants at the site and receptors (building occupants), as well as reflect any relevant background levels. A
basic example of a visual representation is included as Figure A.2.
The CSM should also contain a narrative description that clearly distinguishes what aspects are known or determined
and what assumptions have been made in its development. The CSM should also identify conditions that may result
in alternate approaches. The CSM provides a conceptual understanding of the potential for exposure to compounds
of concern at a site. It is an essential tool to aid management decisions associated with the site and serves as a
valuable communication tool both internally with the site team and externally with the community. The CSM is a
dynamic tool to be updated as new information becomes available after each stage of investigation. Below is a CSM
checklist to assist in the review of this component of the vapor intrusion assessment.
Appendix C.2 Page 2 of 3
APPENDIX C.2
Checklist for Developing a Conceptual Site Model
Site Name: Site ID:
Site Address: County:
1.0 UTILITIES AND PROCESS PIPING
_____ Maps, figures, and cross-sections of the building provide the location and depths of all underground utilities
and/or process piping near the soil or groundwater impacts.
2.0 BUILDINGS (RECEPTORS)
_____ Maps identify:
•Existing or proposed buildings
•Vacant parcels
•Property boundaries
_____ Description of the occupancy and use of all properties/buildings
_____ Construction of each structure includes (if applicable):
•General construction style (e.g., basement, crawlspace, slab on grade)
•Floor construction (e.g., concrete, dirt)
•Depth below grade of lowest floor
•Building layout (e.g., large and open, small rooms)
•Height (and number of floors)
•Sumps or foundation drains
•Alternate ventilation system
•Elevator(s)
_____ Heating, ventilation or air conditioning system in each structure is described and includes (if applicable):
•Type (e.g., forced air, radiant)
•Equipment location (e.g., basement, crawlspace, utility closet, attic, roof)
•Source of return air (e.g., inside air, outside air, combination)
•System design considerations relating to indoor air pressure (e.g., positive pressure may be the case
for commercial office buildings)
_____ Installed sub-slab ventilation systems or moisture barriers present are described and identified on all
building figures
The information included in this checklist may be useful for evaluating a site-specific conceptual migration model
and ensuring that the model contains the necessary elements. A blank is provided before each item to aid in
documenting the individual components and where they can be found.
Appendix C.2 Page 3 of 3
3.0 SOURCE AREA(S)
_____ Description and known history of the release.
_____ Maps and figures identify and show the location of all vapor source(s) in relation to each structure (including
the presence, distribution, and composition of any non-aqueous phase liquid at the site).
_____ Cross-sections showing example building, construction styles, and relationship to source of vapors (actual
number will vary as appropriate).
_____ Description of the potential migration characteristics (e.g., stable, increasing, decreasing).
4.0 GEOLOGY/HYDROGEOLOGY
_____ Maps, figures, cross-sections, and/or description identify soil lithology and characteristics:
•Heterogeneity/homogeneity of soils and the lithologic units encountered including:
o Depth and lateral continuity of any confining units that may impede contaminant migration
o Depth and lateral continuity of any highly transmissive units that may enhance contaminant
migration
•Depth of vadose zone, capillary fringe, and phreatic zone including:
o Any seasonal water table fluctuations
o Groundwater flow direction
o Presence of any perched groundwater
o Note where the water table intersects the well screen interval or the presence of a submerged
screen.
_____ Description and location of distinct strata (soil type and moisture content, e.g., moist, wet, dry) and the depth
intervals.
_____ Description and location of all fill or non-native materials.
_____ Depth to groundwater identified on all cross-sections.
_____ General groundwater characteristics provided (e.g., seasonal fluctuation, hydraulic gradient).
5.0 SITE CHARACTERISTICS
_____ Map of the site (to scale) showing all paved areas, surface cover, locations of all structures, and ground
cover.
_____ Map identifying all potential sources of vapors.
6.0 REFERENCES
Interstate Technology & Regulatory Council. 2007. Vapor Intrusion Pathway: A Practical Guideline, January 2007.
Accessed at http://www.itrcweb.org/Documents/VI-1.pdf.
Attachment B: Appendix C.6 Checklist for Reviewing the Design of a Passive Mitigation
System
Appendix C.6 Page 1 of 4
APPENDIX C.6
Checklist for Reviewing the
Design of a Passive Mitigation
System
Site Name: Site ID:
Site Address: County:
1.0 GENERAL
_____ Engineer or design firm is identified and mitigation system is designed by a professional engineer with
demonstrated experience designing passive mitigation systems.
_____ Product manufacturer is provided.
_____ Requirements for installation are provided and if required by the manufacturer, the certification for the
product applicator.
_____ General site conditions including a conceptual site model are provided.
_____ Concentrations identified at the site are provided including sampling methodology.
_____ All utility and other penetrations are identified on a print.
_____ Surface preparation is identified and includes:
•If applied onto an existing concrete surface it shall be free of any dirt, debris, loose material, release
agents, or curing compounds.
•Voids more than 1/4 inch deep and 1/4 inch wide are filled.
•If applied directly on the sub-grade, the sub-grade shall be compacted to a minimum relative
compaction of 90 percent or as specified by a civil/geotechnical engineer and the surface prep shall be
smooth, uniform, and free of debris and standing water.
_____ Building/Fire Codes: Document states mitigation systems shall be designed and installed to conform to
applicable building and fire codes and maintain the function and operation of all existing equipment and
building features including doors, windows, access panels, etc.
_____ Drains that perforate the liner must be equipped with a dranjer style drain or dripline to a trap that allows
water to flow into sumps and floor drains while sealing out soil gases from the sub-floor area or alternate
method is provided.
The information included in this checklist may be useful for reviewing a passive mitigation system. Though it is
generally understood that the actual design of the system may vary, many of the design components should be
very similar in purpose. A blank is provided before each item to aid in documenting the individual components
and where they can be found.
Appendix C.6 Page 2 of 4
2.0 LINER DESIGN AND SPECIFICATIONS
_____ Detailed specifications of the liner are provided including transmission rates and/or diffusion coefficients for
compounds of interest.
_____ Concentrations in the subsurface have been evaluated for the liner including the required thickness applied
and/or overall selection of the product by the engineer or design firm.
_____ Details are provided for areas that require specialized completion including all penetrations and
terminations.
_____ Horizontal venting or perforated piping has a minimum in-plane flow rate of 21 gallons per minute per foot
per unit width at a hydraulic gradient of 1.0 percent when tested in accordance with the American Society for
Testing and Materials D 4716. Greater flow rates may justify greater spacing.
_____ Dewatering has been considered and incorporated into the design.
_____ Horizontal venting (or perforated piping) runs are identified at a maximum rate of one per every 50 feet
perpendicular to the length of the run for the expected coverage. Calculations may provide justification for
different spacing.
3.0 SYSTEM MONITORS AND LABELING
_____ System labels are placed on the mitigation system and other prominent locations including the exterior
venting locations.
_____ Description of signage and locations are provided.
• Contain language indicating the mitigation vent that may contain volatile organic compounds.
• Figure identifying locations of all signs.
• Each roof exhaust point.
• Piping run (each individual exhaust line).
o Vertical one per floor.
o Horizontal one per 25 feet.
_____ For tenants that will be occupying the structure, a notice has or will be prepared.
4.0 PIPING
_____ When crossing pipe or pipe sleeves over or under footings or grade beams, document identifies it has been
evaluated by an environmental engineer and/or structural engineer for appropriate use and placement
materials.
_____ Preliminary piping and routing diagrams including manifolds are provided.
_____ Preliminary horizontal vent locations are identified on a print by the professional engineer.
_____ All pipe joints and connections, both interior and exterior, are permanently sealed.
_____ All exhaust pipes are supported and secured in a permanent manner.
_____ Horizontal piping runs in the mitigation system are sloped or designed to ensure condensation drains
downward into the ground beneath the slab.
_____ All vent stack piping is identified as solid, rigid pipe.
____ Justification of number and location of vent riser locations either based on Table A.6.1 or alternate method
provided.
Appendix C.6 Page 3 of 4
Table A.6.1
Spacing of Perforated Horizontal Piping
and Number of Vent Risers
Vent Riser Pipe Diameter
(inches)
Number of Vent Risers per
Building Footprint Area
(Square Feet)
1 1/2 1/1,250 (min of 2 risers)
2 1/2,500 (min of 2 risers)
2 1/2 1/5,000 (min of 3 risers)
3 1/7,500 (min of 4 risers)
4 1/10,000 (min of 4 risers)
Notes:
1) Riser length shall be a maximum of 100 foot measure along solid pipe including bends.
2) Vent risers maximum spacing shall be 100 feet between each.
3) When the application of the spacing and location requirement of this table results in the fractional number of vent risers, any fraction shall be construed as one
vent riser.
4) Number of required vent risers shall be determined by the selected riser pipe diameter and the rate of vent riser per building footprint area.
_____ Vertical piping runs terminate in a location that can drain naturally or that can be verified to be free of water
or moisture.
_____ For structures less than 2,500 square feet vertical piping is at least:
•Not less than three inches (75 millimeters) inside diameter (ID).
•Vent stack piping’s ID shall be at least as large as the largest used in the manifold piping.
•Manifold piping’s ID shall be at least as large as that used in any suction point.
•Manifold piping to which two or more suction points are connected shall be at least four inches
(100 millimeters) ID.
•If smaller IDs are proposed, appropriate documentation showing design calculations has been
submitted. OR
_____ For structures greater than 2,500 square feet piping is:
•Identified and justified by measurements and estimated static pressure, air velocity, and rate of airflow
measurements, and head loss calculations based on preliminary exhaust piping design prints.
•Documented using the methodologies found in “Industrial Ventilation: A Manual of Standard Practice,
23rd Edition,” or its equivalent.
Appendix C.6 Page 4 of 4
5.0 PIPING COMPLETION SPECIFICATIONS
(minimums, further distance may be required by exhaust concentrations and primary wind flow direction)
_____ Pipes are completed with a rain cap or wind turbine.
_____ To reduce the risk of vent stack blockage, confirm that the discharge from vent stack pipes is:
•Vertical and upward, outside the structure, at least ten feet (three meters) above the ground level,
above the edge of the roof, and shall also meet the separation requirements below. Whenever
practicable, they shall be above the highest roof of the building and above the highest ridge.
•Twenty feet (six meters) or more away from any window, door, or other opening into conditioned or
otherwise occupiable spaces of the structure, if the discharge point is not at least three feet (one meter)
above the top of such openings.
•Twenty feet (six meters) or more away from any opening, vent, or occupiable spaces of any building
including adjacent structures. Chimney flues shall be considered openings into conditioned or
otherwise occupiable space.
•For vent stack pipes that penetrate the roof, the point of discharge shall be at least 12 inches
(0.3 meters) above the surface of the roof. For vent stack pipes attached to or penetrating the sides of
buildings, the point of discharge shall be vertical and a minimum of 12 inches (0.3 meters) above the
edge of the roof and in such a position that it can neither be covered with snow or other materials nor
be filled with water from the roof or an overflowing gutter.
•When a horizontal run of vent stack pipe penetrates the gable end walls, the piping outside the
structure shall be routed to a vertical position so that the discharge point meets the requirements
described above.
•Points of discharge that are not in a direct line of sight from openings into conditioned or otherwise
occupiable space because of intervening objects such as dormers, chimneys, windows around the
corner, etc., shall meet the separation requirements as stated above.
6.0 QUALITY ASSURANCE/QUALITY CONTROL INSTALLATION PLAN REQUIREMENTS
IDENTIFIED IN THE DESIGN DOCUMENT
_____ Contractor identifies steps to document the effectiveness of the mitigation system.
•Coupon sampling – recommended at one sample per 500 square feet.
•Smoke testing – full coverage is necessary and must be based on the area that it can be confirmed that
smoke has migrated to through visual observation.
•On-site installation oversight by the design firm.
•Documentation verifying the installation per project specification and that any areas noted for repair
have been completed.
•Estimated quantities of the product to be utilized are provided.
Appendix D
Appendix D – Vapor Intrusion Screening Values
Table of Contents
Screening Values for the Vapor Intrusion Pathway
Sampling Location Appropriate Vapor Intrusion Screening
Value (SVvi)
Immediate Response Activity
Screening Levels (IRASLs)
Soil sample Soil concentration that identified a source of
vapors (Svi) - - - - -
Air within the interior space of a
building derived from VI sources Acceptable indoor air value for VI (IAvi) Indoor air values for consideration of an
acute exposure for VI (AIAvi)
Soil gas collected from the
subsurface Soil gas concentrations for VI (SGvi) Soil gas concentrations for consideration
of an acute exposure for VI (ASGvi)
Sub-slab soil gas from beneath a
building slab
Soil gas concentrations collecting less than
five feet bgs or lowest point of a structure
(SGvi-SS)
ASGvi – see description above
Groundwater in contact with a
structure
Groundwater concentrations when water is in
contact or entering a structure for VI
(GWvi-sump)
Groundwater concentrations for
consideration of an acute exposure when
water is in contact or entering a structure
for VI (AGWvi-sump)
Groundwater beneath, but not in
direct contact with a structure Groundwater concentrations for VI (GWvi)
Groundwater concentrations for
consideration of an acute exposure for VI
(AGWvi)
APPENDIX D.1 – Residential Vapor Intrusion Screening Values (SVvi)
APPENDIX D.2 – Nonresidential Vapor Intrusion Screening Values (SVvi) APPENDIX D.3 – Acute Exposure Immediate Response Activity Screening Levels (IRASLs)
Attachment C: Appendix C.5 Checklist for Reviewing the Design of an Active Mitigation
System
Appendix C.5 Page 1 of 5
APPENDIX C.5
Checklist for Reviewing the
Design of an Active Mitigation
System
Site Name: Site ID:
Site Address: County:
1.0 DEFINITIONS
Backdrafting: A condition where the normal movement of combustion products up a flue (due to the buoyancy of the hot flue gases) is reversed, so that the combustion products enter the building (see pressure-induced spillage).
Depressurization: A negative pressure induced in one area relative to another.
Diagnostic tests: Procedures used to identify or characterize conditions under, beside, and within buildings that may contribute to radon entry or elevated radon levels or that may provide information regarding the performance of a mitigation system.
Manifold piping: Piping that collects the flow of soil gas from two or more suction points and delivers that collected soil gas to the vent stack piping. In the case of a single suction point system, there is no manifold piping since the suction point piping connects directly to the vent stack piping. The manifold piping starts where it connects to the suction point piping and ends where it connects to the vent stack piping.
Mitigation system: Any system or steps designed to reduce concentrations of a contaminant in the indoor air of a building that originates in the subsurface.
Natural draft combustion appliance: Any fuel burning appliance that relies on a natural convective flow to exhaust combustion products through flues to outside air.
Pressure-field extension: The distance that a pressure change, created by drawing soil gas through a suction point, extends outward in a sub-slab gas permeable layer, under a membrane, behind a solid wall, or in a hollow wall (see communication test).
Pressure-field extension test: A diagnostic test to evaluate the potential effectiveness of a sub-slab depressurization system by applying a vacuum beneath the slab and measuring, either with a micromanometer or with a heatless smoke device, the extension of the vacuum field.
Pressure-induced spillage: The unintended flow of combustion gases from an appliance/venting system into a dwelling, primarily as a result of building depressurization (see backdrafting).
The information included in this checklist may be useful for reviewing the design of an active mitigation system.
Though it is generally understood that the actual design of the system may vary, many of the design components
should be very similar in purpose. The information in this checklist is based on American Society for Testing and
Materials (ASTM Standard E2121, 2009). A blank is provided before each item to aid in documenting the
individual components and where they can be found.
Appendix C.5 Page 2 of 5
2.0 GENERAL
_____ Report identifies that the design does not interfere with the normal venting functions for appliances and
backdrafting will not occur.
_____ Pressure field extension test (e.g., diagnostic communication test) has been performed.
•For buildings over 10,000 square feet multiple tests throughout the building are completed.
_____ Detailed specifications are provided on products utilized including fan, piping, and caulk.
_____ System is designed by a professional engineer with demonstrated experience designing mitigation systems.
_____ Building/Fire Codes: Document states mitigation systems shall be designed and installed to conform to
applicable building and fire codes and maintain the function and operation of all existing equipment and
building features including doors, windows, access panels, etc.
_____ Discharge Calculations: Estimated calculations for discharge pursuant to Part 55, Air Pollution Control, of
the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA) and the
associated Administrative Rules. Single-family homes are exempt.
3.0 SYSTEM SEALING REQUIREMENTS
Openings that could lessen the effectiveness of the mitigation system are sealed using methods and materials that
are permanent and durable.
Cracks and joints:
_____ Openings and cracks where the slab meets the foundation wall have been addressed.
_____ Concrete slab (flooring) above the active mitigation system is free of cracks or cracks have been
adequately sealed.
_____ For joints greater than 1⁄2 inch (13 millimeters) in width, a foam backer rod or other comparable
filler material should be inserted into the joint before the application of the sealant.
Penetrations:
_____ Openings around the suction point piping penetrations of the slab have been adequately
addressed.
_____ Vaults, sumps, other large openings, and utility access points in the foundation walls and/or floor
slab are sealed using measures that still allow future access.
4.0 SYSTEM MONITORS AND LABELING
_____ Mitigation systems contain mechanisms to monitor performance (airflow or pressure).
_____ Mechanism is simple to read and interpret and is located where it is easily seen or heard.
_____ System provides a visual and/or audible indication of system degradation and failure.
Monitor has reliable power source:
_____ If powered by house current, it shall be installed on a non-switched circuit and be designed to reset
automatically after a power failure. Battery backup for the monitoring system in the event of power
failure is recommended. OR
_____ If the monitor is battery powered, it shall be equipped with a low-battery power warning feature.
_____ Mechanical system monitors, such as manometer type pressure gauges are clearly marked to indicate the
initial pressure readings.
_____ System labels are placed on the mitigation system, the electric service entrance panel, and other prominent
locations including the exterior venting locations.
Appendix C.5 Page 3 of 5
_____ The circuit breaker(s) controlling the circuits on which the mitigation system and system failure warning
devices operate are labeled using the word “Vapor Mitigation.” For example, “Vapor Intrusion (VI) System”
or if multiple circuits “VI System” and “VI Monitor” as appropriate. No other rooms or appliances should be
on the same circuit.
_____ Description of signage and locations are provided.
•Contain language indicating the mitigation vent that may contain volatile organic compounds.
•Figure identifying locations of all signs.
•Each roof exhaust point.
•Piping run (each individual exhaust line).
o Vertical one per floor.
o Horizontal one per 25 feet.
_____ For tenants that will be occupying the structure, a notice has been prepared and provided for review.
5.0 PIPING
_____ All pipe joints and connections, both interior and exterior, are permanently sealed.
_____ System piping installed in the interior or on the exterior of a building should be insulated where
condensation may occur inside the pipe; and then freeze or block the soil gas exhaust.
_____ Suction point pipes are supported and secured in a permanent manner that prevents their downward
movement to the bottom of suction pits, sump pits, or into the soil.
_____ Horizontal piping runs in the mitigation system are sloped to ensure condensation drains downward into the
ground beneath the slab.
_____ All vent stack piping is identified as solid, rigid pipe.
_____ For structures less than 2,500 square feet.
•Exhaust piping not less than three inches (75 millimeters) inside diameter (ID).
•Vent stack piping’s ID shall be at least as large as used in the manifold piping.
•Manifold piping’s ID shall be as large as used in any suction point.
•Manifold piping to which two or more suction points are connected shall be at least four inches.
(100 millimeters) ID.
•If smaller IDs are proposed, appropriate documentation showing design calculations has been
submitted.
OR
_____ For structures greater than 2,500 square feet.
•Pipe sizes are identified and justified by field diagnostic measurements and estimated static pressure,
air velocity, and rate of airflow measurements.
•Piping sizes are justified using the methodologies found in “Industrial Ventilation: A Manual of Standard
Practice, 23rd Edition,” or its equivalent.
Appendix C.5 Page 4 of 5
6.0 PIPING COMPLETION SPECIFICATIONS
_____ Pipes are completed with a rain cap or wind turbine.
_____ To reduce the risk of vent stack blockage, confirm that the discharge from vent stack pipes is:
•Vertical and upward, outside the structure, at least ten feet (three meters) above the ground level,
above the edge of the roof, and shall also meet the separation requirements below. Whenever
practicable, they shall be above the highest roof of the building and above the highest ridge.
•Twenty feet (six meters) or more away from any window, door, or other opening into conditioned or
otherwise occupiable spaces of the structure, if the discharge point is not at least three feet (one meter)
above the top of such openings.
•Twenty feet (six meters) or more away from any opening, vent, or occupiable spaces of any building
(including adjacent structures). Chimney flues shall be considered openings into conditioned or
otherwise occupiable space.
•For vent stack pipes that penetrate the roof, the point of discharge shall be at least 12 inches
(0.3 meters) above the surface of the roof. For vent stack pipes attached to or penetrating the sides of
buildings, the point of discharge shall be vertical and a minimum of 12 inches (0.3 meters) above the
edge of the roof and in such a position that it can neither be covered with snow or other materials nor
be filled with water from the roof or an overflowing gutter.
•When a horizontal run of vent stack pipe penetrates the gable end walls, the piping outside the
structure shall be routed to a vertical position so that the discharge point meets the requirements
described above.
•Points of discharge that are not in a direct line of sight from openings into conditioned or otherwise
occupiable space because of intervening objects such as dormers, chimneys, windows around the
corner, etc., shall meet the separation requirements as stated above.
7.0 FAN INSTALLATION REQUIREMENTS
_____ Fan sizing calculations are provided that estimate the pressure difference and airflow characteristics under
which the system will operate.
Schematics identify:
_____ Fan(s) are to be installed either outside the building or inside the building, outside of occupiable space, and
above the conditioned (heated/cooled) spaces of a building.
_____ Fan(s) that are mounted on the exterior of buildings are rated for exterior use or installed within a weather
proof protective housing.
_____ Fan(s) are to be connected to the vent pipe using removable couplings or flexible connections that can be
tightly secured to both the fan and the vent pipe (facilitate maintenance and future replacement).
_____ Outside air intake vents of fan(s) are screened to prevent the intake of debris. Screens shall be removable
to permit cleaning or replacement and building owners shall be informed of the need to periodically replace
or clean such screens.
Appendix C.5 Page 5 of 5
8.0 ADDITIONAL REQUIREMENTS IN THE DESIGN DOCUMENT
_____ Contractor identifies steps to document the effectiveness of the mitigation system. This is typically
demonstrated by measuring the pressure differential across the building slab while the VI mitigation system
is operating.
_____ Concentrations in the subsurface have been evaluated for the duration and frequency which the system can
be out-of-service (including power outages) prior to implementing actions necessary to address the potential
risk to the occupants.
_____ Actions are identified to address conditions during periods the system is not operating.
_____ Establish and identify a negative pressure that will be continuously maintained.
•Typically requires higher negative pressure than a radon mitigation system.
•Establish a monitoring program.
_____ Establish a monitoring program for Permit or Permit to Install Exemption pursuant to the Part 55 Rules.
9.0 REFERENCES
ASTM Standard E2121. 2009. Standard Practice for Installing Radon Mitigation Systems in Existing Low-Rise
Residential Buildings.