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Record of Site Condition # 213971 Record of Site
Ontario Ministry of the Environment - Record of Site Condition # 213971 Record of Site Condition Under Part XV.1 of the Environment Protection Act Summary Record of Site Condition Number Date Filed to Environmental Site Registry Certification Date Current Property Use Intended Property Use Certificate of Property Use Number Applicable Site Condition Standards** Property Municipal Address 213971 2014/07/18 2014/06/24 Commercial Residential No CPU Full Depth Generic Site Conditions Standard, with Potable Ground Water, Coarse Textured Soil, for Residential property use 487 QUEEN STREET, NEWMARKET, ON, L3Y 2H4 Notice to Readers Concerning Due Diligence This record of site condition has been filed in the Environmental Site Registry to which the public has access and which contains a notice advising users of the Environmental Site Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Environmental Site Registry. Contents of this Record of Site Condition This record of site condition consists (RSC) of this document which is available to be printed directly from the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been submitted in electronic format to the Ministry of the Environment. Filed Record of Site Condition # 213971 on 2014/07/18 1 of 19 PART 1: PROPERTY OWNERSHIP, PROPERTY INFORMATION AND OWNER'S CERTIFICATIONS Information about the owner who is submitting or authorizing the submission of the RSC Owner Name BRIXTON COMMERCIAL REALTY ADVISORS LIMITED Authorized Person BRENT FLEMING Mailing Address 10 KINGSBOROUGH CRESCENT, TORONTO ONTARIO, CANADA Postal Code M9R 2T9 Phone (416) 560-1218 Fax Email Address [email protected] Filed Record of Site Condition # 213971 on 2014/07/18 2 of 19 RSC Property Location Information Municipal Address(es) 487 QUEEN STREET, NEWMARKET, ON L3Y 2H4 Municipality Newmarket Legal Description See Attached Lawyer’s Letter Assessment Roll Number(s) 1948030140035000000 Property Identifier Number(s) 03609-0040 (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 623,530.00 Northing 4,879,360.00 RSC Property Use Information The following types of property uses are defined by the Regulation: Agricultural or other use, Commercial use, Community use, Industrial use, Institutional use, Parkland use, and Residential use. Current Property Use Commercial Intended Property Use Residential Certificate of Property Use has been issued under section 168.6 of the EPA No Filed Record of Site Condition # 213971 on 2014/07/18 3 of 19 Please See the Signed Statements of Property Owner, or Agent, or Receiver at the End of this RSC The rest of this page has been left intentionally blank Filed Record of Site Condition # 213971 on 2014/07/18 4 of 19 PART 2: LIST OF REPORTS, SUMMARY OF SITE CONDITIONS AND QUALIFIED PERSON’S STATEMENTS AND CERTIFICATIONS Qualified Person's Information Name MUHAMMAD IRSHAD SHAHID Type of Membership Under the Professional Geoscientists Act Practising Member Membership Number 1028 QP Employer Name TERRAPROBE INC. Mailing Address 11 INDELL LANE, BRAMPTON ONTARIO, L6T 3Y3 CANADA Phone (905) 796-2650 Fax (905) 796-2250 Email Address [email protected] Municipal Information Local or Single-Tier Municipality Newmarket Upper-Tier Municipality York Ministry of the Environment District Office District Office York-Durham District Office District Office Address 230 Westney Rd. S., 5th floor, Ajax ON L1S 7J5 Filed Record of Site Condition # 213971 on 2014/07/18 5 of 19 Phase One Environmental Site Assessment Report Document used as the phase one environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done (refer to clause 28(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) Type of Report Report Title Date of Report (YYYY/MM/DD) Name of Consulting Company P1 ESA Phase One Environmental Site Assessment 2013/07/29 Muhammad I. Shahid, P. Geo.; Shafi Andseta, P. Geo.; Paul W. Bowen. P. Eng., P.Geo. TERRAPROBE INC. P1 ESA Update Phase One Environmental Site Assessment Update 2013/12/20 Muhammad I. Shahid, P. Geo.; Paul W. Bowen. P. Eng., P.Geo. TERRAPROBE INC. Author of Report 2013/12/05 Reports and Other Documents Related to the Phase One Environmental Site Assessment Reports and other documents relied upon in certifying the information set out in section 10 of Schedule A or otherwise used in conducting the phase one environmental site assessment Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company N/A Filed Record of Site Condition # 213971 on 2014/07/18 6 of 19 Phase Two Environmental Site Assessment Report Document used as the phase two environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the planning of the site investigation and conducting the site investigation components of the phase two environmental site assessment was done (refer to clause 33.5(1)(a) of O. Reg. 153/04) Author of Report (YYYY/MM/DD) 2014/06/24 Type of Report Report Title Date of Report (YYYY/MM/DD) Name of Consulting Company P2 ESA Phase Two Environmental Site Assessment 2014/01/06 Muhammad I. Shahid, P. Geo.; Paul W. Bowen, P. Eng., P.Geo. TERRAPROBE INC. P2 ESA Update Phase Two Environmental Site Assessment Update 2014/05/06 Muhammad I. Shahid, P. Geo.; Paul W. Bowen, P. Eng., P.Geo. TERRAPROBE INC. P2 ESA Update Phase Two Environmental Site Assessment Update 2, 487 Queen Street, Newmarket, Ontario 2014/06/26 Muhammad I. TERRAPROBE INC. Shahid, P. Geo., QPESA; Paul W. Bowen, P. Eng., P.Geo., QPRA Reports and Other Documents Related to the Phase Two Environmental Site Assessment Reports and other documents relied upon in making any certifications in the RSC for the purposes of Part IV of Schedule A or otherwise used in conducting the phase two environmental site assessment Report Title Date of Report (YYYY/MM/DD) . Author of Report Name of Consulting Company N/A Filed Record of Site Condition # 213971 on 2014/07/18 7 of 19 Environmental Condition Section 41 applies? No Section 43.1 applies? No Site Condition Information Certification date (YYYY/MM/DD) 2014/06/24 Total area of RSC property (in hectares) 0.13000 Number of any previously filed RSC that applies to any part of the RSC property Number of any previously filed Transition Notice that applies to any part of the RSC property Soil Texture Coarse Assessment/Restoration Approach Full Depth Generic Site investigation includes the investigation, sampling and analysis of ground water? Yes Is there soil present that is sufficient to investigate, sample and analyze soil on, in or under the property in accordance with s. 6, Schedule E of O.Reg. 153/04? Yes Site investigation includes the investigation, sampling and analysis of soil on, in or under the property which is used in the RSC? Yes Name of the laboratory used to analyze any samples collected of soil, ground water or sediment AGAT LABORATORIES Ground water condition (potable, non-potable) Potable Applicable Site Condition Standard TABLE 2 Filed Record of Site Condition # 213971 on 2014/07/18 8 of 19 Table 1 – Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 1 Acenaphthene < 0.05 7.9 µg/g 2 Acenaphthylene < 0.05 0.15 µg/g 3 Acetone < 0.5 16 µg/g 4 Anthracene < 0.05 0.67 µg/g 5 Antimony 1.5 7.5 µg/g 6 Arsenic 17 18 µg/g 7 Barium 209 390 µg/g 0.02 0.21 µg/g 0.13 0.5 µg/g 10 Benzo[a]pyrene 0.12 0.3 µg/g 11 Benzo[b]fluoranthene 0.18 0.78 µg/g 12 Benzo[ghi]perylene 0.06 6.6 µg/g 13 Benzo[k]fluoranthene 0.07 0.78 µg/g 14 Beryllium 1.2 4 µg/g 15 Boron (Hot Water Soluble)* 1.5 1.5 µg/g 16 Boron (total) 17 120 µg/g 8 Benzene < 9 Benz[a]anthracene 17 Bromodichloromethane < 0.05 1.5 µg/g 18 Bromoform < 0.05 0.27 µg/g 19 Bromomethane < 0.05 0.05 µg/g 1.2 µg/g 20 Cadmium 0.8 21 Carbon Tetrachloride < 0.05 0.05 µg/g 22 Chlorobenzene < 0.05 2.4 µg/g 23 Chloroform < 0.04 0.05 µg/g 17 160 µg/g 0.2 8 µg/g 26 Chrysene 0.16 7 µg/g 27 Cobalt 9.3 22 µg/g 28 Copper 47 140 µg/g 24 Chromium Total 25 Chromium VI < 29 Cyanide (CN-) < 0.04 0.051 µg/g 30 Dibenz[a h]anthracene < 0.05 0.1 µg/g 31 Dibromochloromethane < 0.05 2.3 µg/g 32 Dichlorobenzene, 1,2- < 0.05 1.2 µg/g 33 Dichlorobenzene, 1,3- < 0.05 4.8 µg/g 34 Dichlorobenzene, 1,4- < 0.05 0.083 µg/g 35 Dichlorodifluoromethane < 0.05 16 µg/g 36 Dichloroethane, 1,1- < 0.02 0.47 µg/g 37 Dichloroethane, 1,2- < 0.03 0.05 µg/g 38 Dichloroethylene, 1,1- < 0.05 0.05 µg/g 39 Dichloroethylene, 1,2-cis- < 0.02 1.9 µg/g Filed Record of Site Condition # 213971 on 2014/07/18 9 of 19 39 Dichloroethylene, 1,2-cis- < 0.02 1.9 µg/g 40 Dichloroethylene, 1,2-trans- < 0.05 0.084 µg/g 41 Dichloropropane, 1,2- < 0.03 0.05 µg/g 42 Dichloropropene,1,3- < 0.04 0.05 µg/g 43 Ethylbenzene < 0.05 1.1 µg/g 44 Ethylene dibromide < 0.04 0.05 µg/g 0.42 0.69 µg/g 45 Fluoranthene 46 Fluorene < 0.05 62 µg/g 47 Hexane (n) < 0.05 2.8 µg/g 48 Indeno[1 2 3-cd]pyrene < 0.05 0.38 µg/g 111 120 µg/g 49 Lead 50 Mercury < 0.1 0.27 µg/g 51 Methyl Ethyl Ketone < 0.5 16 µg/g 52 Methyl Isobutyl Ketone < 0.5 1.7 µg/g 53 Methyl tert-Butyl Ether (MTBE) < 0.05 0.75 µg/g 54 Methylene Chloride < 0.05 0.1 µg/g 55 Methlynaphthalene, 2-(1-) *** < 0.05 0.99 µg/g 2.8 6.9 µg/g 0.05 0.6 µg/g 19 100 µg/g 5 55 µg/g 60 Petroleum Hydrocarbons F2 17 98 µg/g 61 Petroleum Hydrocarbons F3 65 300 µg/g 50 2800 µg/g 0.28 6.2 µg/g 0.1 0.35 µg/g 56 Molybdenum 57 Naphthalene < 58 Nickel 59 Petroleum Hydrocarbons F1**** 62 Petroleum Hydrocarbons F4 < < 63 Phenanthrene 64 Polychlorinated Biphenyls < 65 Pyrene 0.35 78 µg/g 66 Selenium 0.8 2.4 µg/g 67 Silver < 0.2 20 µg/g 68 Styrene < 0.05 0.7 µg/g 69 Tetrachloroethane, 1,1,1,2- < 0.04 0.058 µg/g 70 Tetrachloroethane, 1,1,2,2- < 0.05 0.05 µg/g 71 Tetrachloroethylene < 0.05 0.28 µg/g 72 Toluene < 0.08 2.3 µg/g 73 Trichloroethane, 1,1,1- < 0.05 0.38 µg/g 74 Trichloroethane, 1,1,2- < 0.04 0.05 µg/g 75 Trichloroethylene < 0.03 0.061 µg/g 76 Trichlorofluoromethane < 0.05 4 µg/g 77 Uranium 0.7 23 µg/g 78 Vanadium 28 86 µg/g 79 Vinyl Chloride < 0.02 0.02 µg/g 80 Xylene Mixture < 0.05 3.1 µg/g 81 Zinc 256 340 µg/g 82 Electrical Conductivity 0.7 0.7 mS/cm Filed Record of Site Condition # 213971 on 2014/07/18 10 of 19 82 Electrical Conductivity 0.7 83 Sodium Adsorption Ratio 5 5 0.4 1 84 Thallium Filed Record of Site Condition # 213971 on 2014/07/18 < 0.7 mS/cm µg/g 11 of 19 Table 1 – Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Contaminant Name Maximum Concentration 1 Acetone 1,100 2 Antimony Applicable Site Condition Standard Unit of Measure 2700 µg/L 0.9 6 µg/L 3 Arsenic 4.3 25 µg/L 4 Barium 312 1000 µg/L 5 Benzene < 0.2 5 µg/L 6 Beryllium < 0.5 4 µg/L 168 5000 µg/L 7 Boron (total) 8 Bromodichloromethane < 0.2 16 µg/L 9 Bromoform < 0.1 25 µg/L 10 Bromomethane < 0.2 0.89 µg/L 11 Cadmium < 0.2 2.7 µg/L 12 Carbon Tetrachloride < 0.2 0.79 µg/L 13 Chlorobenzene < 0.1 30 µg/L 14 Chloroform < 0.2 2.4 µg/L 4 50 µg/L 5 25 µg/L 15 Chromium Total 16 Chromium VI < 17 Cobalt 3.4 3.8 µg/L 18 Copper 7.2 87 µg/L 19 Cyanide (CN-) < 2 66 µg/L 20 Dibromochloromethane < 0.1 25 µg/L 21 Dichlorobenzene, 1,2- < 0.1 3 µg/L 22 Dichlorobenzene, 1,3- < 0.1 59 µg/L 23 Dichlorobenzene, 1,4- < 0.1 1 µg/L 24 Dichlorodifluoromethane < 0.2 590 µg/L 25 Dichloroethane, 1,1- < 0.3 5 µg/L 26 Dichloroethane, 1,2- < 0.2 1.6 µg/L 27 Dichloroethylene, 1,1- < 0.3 1.6 µg/L 28 Dichloroethylene, 1,2-cis- < 0.2 1.6 µg/L 29 Dichloroethylene, 1,2-trans- < 0.2 1.6 µg/L 30 Dichloropropane, 1,2- < 0.2 5 µg/L 31 Dichloropropene,1,3- < 0.3 0.5 µg/L 1.9 2.4 µg/L 32 Ethylbenzene 33 Ethylene dibromide < 0.1 0.2 µg/L 34 Lead < 0.5 10 µg/L 35 Mercury < 0.02 0.29 µg/L 36 Methyl Ethyl Ketone < 1 1800 µg/L 37 Methyl Isobutyl Ketone < 1 640 µg/L 38 Methyl tert-Butyl Ether (MTBE) < 0.2 15 µg/L 39 Methylene Chloride < 0.3 50 µg/L Filed Record of Site Condition # 213971 on 2014/07/18 12 of 19 38 Methyl tert-Butyl Ether (MTBE) < 0.2 15 µg/L 39 Methylene Chloride < 0.3 50 µg/L 40 Molybdenum 15.3 70 µg/L 41 Nickel 6.5 100 µg/L 42 Petroleum Hydrocarbons F1**** < 25 750 µg/L 43 Petroleum Hydrocarbons F2 < 100 150 µg/L 44 Petroleum Hydrocarbons F3 < 100 500 µg/L 45 Petroleum Hydrocarbons F4 < 100 500 µg/L 9.9 10 µg/L 46 Selenium 47 Silver < 0.2 1.5 µg/L 48 Styrene < 0.1 5.4 µg/L 49 Tetrachloroethane, 1,1,1,2- < 0.1 1.1 µg/L 50 Tetrachloroethane, 1,1,2,2- < 0.1 1 µg/L 51 Tetrachloroethylene < 0.2 1.6 µg/L 52 Thallium < 0.3 2 µg/L 53 Toluene < 0.2 24 µg/L 54 Trichloroethane, 1,1,1- < 0.3 200 µg/L 55 Trichloroethane, 1,1,2- < 0.2 4.7 µg/L 56 Trichloroethylene < 0.2 1.6 µg/L 57 Trichlorofluoromethane < 0.4 150 µg/L 58 Uranium 9.3 20 µg/L 59 Vanadium 1.4 6.2 µg/L 0.17 0.5 µg/L 61 Xylene Mixture 0.22 300 µg/L 62 Zinc 10.1 1100 µg/L 63 Chloride 790,000 790000 µg/L 64 Sodium 490,000 490000 µg/L 51 µg/L 60 Vinyl Chloride 65 Hexane (n) Filed Record of Site Condition # 213971 on 2014/07/18 < < 0.2 13 of 19 Remedial Action and Mitigation Remediated Soils Estimated quantities of the soil, if any, originating at and remaining on the RSC property that have been remediated, at a location either on or off the property, to reduce the concentration of contaminants in the soil. Indicate the remediation process or processes used and the estimated amount of soil remediated by each identified process. Soil Remediation Process Estimated Quantity of Soil (in-ground volume in m³) 0 Description of Remediation Description of any action taken to reduce the concentration of contaminants (including soil removals) on, in or under the RSC property. None Soil or Sediment Removed and Not Returned Estimated quantities of soil or sediment, if any, removed from and not returned to the RSC property. Estimated Quantity of Soil (in-ground volume in m³) 130.0 Estimated Quantity of Sediment (in-ground volume in m³) Soil Brought to the Property Estimated quantity of the soil, if any, being brought from another property to and deposited at the RSC property, not including any soil that may have originated at but been remediated off the RSC property and that is identified in section 28 of Schedule A. Estimated Quantity of Soil Brought to the Property (in-ground volume in m³) Filed Record of Site Condition # 213971 on 2014/07/18 0.0 14 of 19 Ground Water Control or Treatment Measures Ground water control or treatment measures that were required for the RSC property prior to the certification date for the purpose of submitting the RSC for filing. None Ground water control or treatment measures that are required for the RSC property after the certification date. None Estimated volume of ground water, if any, removed from and not returned to the RSC property. Estimated Volume of Ground Water (in litres) 0.0 Filed Record of Site Condition # 213971 on 2014/07/18 15 of 19 Other Activities Including Risk Management Measures Constructed works that prior to the certification date for the purpose of submitting the RSC for filing, were required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. None Constructed works that after the certification date, are required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. None Monitoring or Maintenance Soil Management Measures Soil monitoring requirements or any requirements for care, maintenance or replacement or any monitoring or control works for known existing contaminants, if any, on the RSC property, after the certification date. None Ground Water Management Measures Ground water monitoring requirements or requirements for care, maintenance or replacement of any monitoring or control works or known existing contaminants, if any, on the RSC property, after the certification date. None Remediated or Removed Soil, Sediment or Ground Water From Near Property Boundary Has any soil, sediment or ground water at the RSC property that is or was located within 3 metres of the RSC property boundary been remediated or removed for the purpose of remediation? Filed Record of Site Condition # 213971 on 2014/07/18 Yes 16 of 19 Qualified Person’s Statements and Certifications As the qualified person, I certify that: A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. A phase two environmental site assessment of the RSC property, which includes the evaluation of the information gathered from planning and conducting a site investigation, a report, and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. The information represents the site conditions at the sampling points at the time of sampling only and the conditions between and beyond the sampling points may vary. As of 2014/06/24, in my opinion, based on the phase one environmental site assessment and the phase two environmental site assessment, and any confirmatory sampling, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that would interfere with the type of property use to which the RSC property will be put, as specified in the RSC. Ground water sampling has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. As of 2014/06/24, in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable full depth generic site condition standards prescribed by section 36 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at Table 2, Maximum Contaminant Concentrations Compared to Standards Specified in a Risk Assessment. As of 2014/06/24, the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at Table 1, Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards. I am a qualified person and have the qualifications required by section 5 of the regulation. I have in place an insurance policy that satisfies the requirements of section 7 of the regulation. I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. I do not hold and have not held and my employer TERRAPROBE INC. does not hold and has not held a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based To the best of my knowledge, the certifications and statements in this part of the RSC are true as of 2014/06/24. By signing this RSC, I make no express or implied warranties or guarantees. By checking the boxes above, and entering my membership/licence number in this submission, I, MUHAMMAD IRSHAD SHAHID, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2014/06/26: a) signing this record of site condition submission as a qualified person; and b) making all certifications required as a qualified person for this record of site condition. I Agree Filed Record of Site Condition # 213971 on 2014/07/18 17 of 19 Additional Documentation Provided by Property Owner or Agent The following documents have been submitted to the Ministry of the Environment as part of the record of site condition Certificate of Status or equivalent for the owner Lawyer’s letter consisting of a legal description of the property Copy of any deed(s), transfer(s) or other document(s) by which the RSC property was acquired A Current plan of Survey Area(s) of Potential Environmental Concern Table of Current and Past Uses of the Phase One Property Phase 2 Conceptual Site Model Owner or agent certification statements v 4.1.1 Filed Record of Site Condition # 213971 on 2014/07/18 18 of 19 Filed Record of Site Condition # 213971 on 2014/07/18 19 of 19 Phase One ESA, Phase Two ESA and RSC Property Boundary "TABLE OF AREAS OF POTENTIAL ENVIRONMENTAL CONCERN" (Refer to clause 16(2)(a), Schedule D, O. Reg. 153/04) Location of Area of Potential Environmental Concern on Phase One Property Entire Property Media Potentially Potentially Contaminants of Impacted (Ground Contaminating Potential water, soil and/or Location of PCA 2 Concern Activity (on-site or off-site) sediment) #30 – Importation of On-Site Metals & Soil fill material of Inorganics, unknown quality Polycyclic Aromatic Hydrocarbons (PAHs) APEC-2 North building portion of the Property (in the vicinity of former hoist) #10 - Commercial On-Site auto body shop with former hoist APEC-3 East middle portion of the #28 - Gasoline and On-Site Property (in the vicinity of AST associated product and UST) storage in fixed tanks PHCs, BTEX, Lead Soil, Groundwater APEC-4 West portion of the Property #28 - Gasoline and Off-Site (adjacent to vent pipes on the associated product neighbouring property to the storage in fixed tanks west) PHCs, BTEX, Lead Soil, Groundwater APEC-5 Entire Property PAHs APEC-6 Entire Property Area of Potential Environmental Concern1 APEC-1 #46 - Rail yards, Off-Site tracks and spurs Not listed in the Off-Site Table 2 of Schedule D (use of de-icing salts on the adjacent roadway) Petroleum Hydrocarbons (PHCs), Volatile Organic Compounds (VOCs), metals Soil, Groundwater Soil Electrical Soil, Groundwater Conductivity (EC), Sodium Adsorption Ratio (SAR), Sodium, Chloride Notes: 1 - Area of Potential Environmental Concern means the area on, in or under a phase one property where one or more contaminants are potentially present, as determined through the phase one environmental site assessment, including through, (a) identification of past or present uses on, in or under the phase one property, and (b) identification of potentially contaminating activity. 2 - Potentially Contaminating Activity means a use or activity set out in Column A of Table 2 of Schedule D that is occurring or has occurred in a phase one study area 3 - when completing this column, identify all contaminants of potential concern using the Method Groups as identified in the "Protocol for in the Assessment of Properties under Part XV.1 of the Environmental Protection Act, March 9, 2004, amended as of July 1, 2011, as specified below: ABNs PCBs Metals CPs PAHs As, Sb, Se Cr (VI) 1,4-Dioxane THMs Na Hg Dioxins/Furans, PCDDs/PCDFs VOCs BTEX Ca, Mg B-HWS Cl CN Methyl Mercury high pH low pH OCs PHCs 4 - when submitting a record of site condition for filing, a copy of this table must be attached Electrical Conductivity SAR **Cette publication hautement spécialisée n’est disponible qu’en anglais en vertu du règlement 671/92, qui en exempte l’application de la Loi sur les services en français. Pour obtenir de l’aide en francais, veuillez communiquer avec le ministère de l’Environnement au 1-800-461-6290 "TABLE OF CURRENT AND PAST USES OF THE PHASE ONE PROPERTY" (Refer to clause 16(2)(b), Schedule D, O.Reg. 153/04) Year Name of Owner Description of Property Use Property Use1 Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. 487 Queen Street, Newmarket (Part Block A, Plan 222 as in R203999) Agricultural or Unknown/Pasture land No information available prior to 1804 other use Agricultural or Unknown Based on Chain of Title Search other use Prior to 1804 1804 to 1812 Crown Lands 1812 to 1823 Timothy Millard Unknown Agricultural or other use Based on Chain of Title Search 1823 to 1873 Mordecal Millard Unknown Agricultural or other use Based on Chain of Title Search 1873 to 1921 Samuel Sykes Unknown Agricultural or other use Based on Chain of Title Search 1921 to 1933 The Corporation of the Commercial Town of Newmarket Commercial use Based on the Fire Insurance Plans and chain of title search 1933 to 1946 Commercial use Based on the aerial photographs and chain of title search 1946 to 1957 David Riddell, John Commercial Riddell & Daniel Riddell trading as Riddell Brothers David Riddell & Daniel Commercial Riddell Commercial use Based on the aerial photographs and chain of title search 1957 to 1966 1966 to 1977 Frank & Evelyn Pyott - Commercial and residential Estate Eiva Williams and David Commercial and residential Jaffrey Williams Commercial/ Residential use Commercial/ Residential use Based on the aerial photographs, chain of title search, and City Directories search Based on the aerial photographs, chain of title and City Directories search Timothy Rogers 1977 to 2007 David Jaffrey Williams Commercial and residential Commercial/ Residential use Based on the aerial photographs, chain of title and City Directories search 2007 to Date Brixton Commercial Realty Advisors Ltd. (current owner) Commercial/ Residential use Based on the aerial photographs and chain of title search Commercial and residential Notes: 1 - for each owner, specify one of the following types of property use (as defined in O.Reg. 153/04) that applies: Agriculture or other use Commercial use Community use Industrial use Institutional use Parkland use Residential use 2 - when submitting a record of site condition for filing, a copy of this table must be attached **Cette publication hautement spécialisée n’est disponible qu’en anglais en vertu du règlement 671/92, qui en exempte l’application de la Loi sur les services en français. Pour obtenir de l’aide en francais, veuillez communiquer avec le ministère de l’Environnement au 1-800-461-6290 Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 Phase Two ESA Conceptual Site Model This Phase Two ESA Conceptual Site Model (CSM) provides a narrative, graphical and tabulated description integrating information related to the Site geologic and hydrogeologic conditions, potentially contaminating activities (PCAs) and areas of potential environmental concern (APECs), and the presence and distribution of potential contaminants of concern. The presentation of the Phase Two CSM makes reference to the attached Figures 1 to 6 (as below) and is described in the proceeding sections. Figure 1: Site Location Plan Figure 2: Areas of Potential Environmental Concerns (APECs) Figure 3: Site and Borehole/Monitoring Well Location Plan Figure 3.1: Soil Impact, Extent of Remediation and Confirmatory Sample Location Plan Figure 3.2: Remediation Area and Confirmatory Sample Locations Figure 4: Groundwater Elevation Contours Figure 5A: Cross-Section A-A’ Figure 5B-1: Cross-Section B-B’ Figure 5A: Cross-Section B-B’ (Post Remediation) Figure 6: Pathways and Receptors Site Description The Phase One Environmental Site Assessment (ESA), Phase Two ESA, and Record of Site Condition (RSC) property herein after referred to as the “Property” is situated on the north side of Queen Street, approximately 150 m east of Main Street South in Newmarket, Ontario, as shown on Figure 1. The Property is owned by Brixton Commercial Realty Advisors Ltd. The Property measures approximately 0.13 hectares (0.32 acres) and is occupied by a commercial and residential building with a total footprint area of approximately 490 m2 (approximately 5275 ft2), as shown on Figure 2. The Property exterior is surfaced with asphalt and used as driveway and parking area for the tenants of the commercial and residential building. According to available aerial photographs, chain of title information, historical maps, and other records review, the Property was first developed prior to 1924 for commercial use. Historically, the building has remained in commercial and residential uses. The historic commercial uses included aluminum sheet prefabrication workshop and auto body shop. The Property is proposed to be redeveloped for residential purposes. Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 Site Conditions The Property is located in a developed commercial & residential area where potable water is supplied by the Region of York. The potable water is taken from groundwater; thereby the Ministry of the Environment (MOE) Table 2 Site Condition Standard (SCS) is applied to the Property. In accordance with Section 41 of the Ontario Regulation 153/04 as amended (Regulation), the Property is not an environmentally sensitive area. The Property is not located within an area of natural significance and it does not include land that is within 30 metres of an area of natural significance. Based on the Phase Two ESA investigation, soil pH samples collected from the Site were within the acceptable range of surficial and subsurface soil for the application of MOE Table 2 SCS. Furthermore, based on the Phase Two ESA investigation, the Property is not a shallow soil property as defined in Section 43.1 of the regulation; nor does it include all or part of a water body or is adjacent to a water body or includes land that is within 30 metres of a water body. As such, Section 41 and 43.1 of the Regulation do not apply. Granular material consisting of Granular A and B was imported to the Property from a MOE licensed facility, James Dick Aggregates. The granular material was used to backfill the excavated area following remediation of impacted soils. A total of 11 truckloads (232.52 metric tonne) of granular material was brought to the Property to backfill the excavated area. Geological Setting The Property is situated in a physiographic region of Ontario known as the Schomberg Clay Plains. The area is characterized by surficial deposits of Newmarket Till (sandy silt to silt) and glaciolacustrine deposits (silty clay, minor sand). The underlying bedrock consists of limestone/dolostone and shale belonging to Trenton & Black River Group of Middle Ordovician age. Based on the review of MOE well record, bedrock at the Property and the area is inferred to be deeper than 40 m below ground surface. The Property generally slopes to the northeast/east towards Holland River East Branch located approximately 120 m east of the Property. There is steep slope beyond east Property boundary with an approximately 8 to 10 m drop in grade. The location of the geologic cross-sections prepared from Site boreholes is shown on Figures 3 & 3.1. The geologic cross-sections illustrating the Property stratigraphy are presented on Figures 5A, 5B.1 & 5B.2. The general stratigraphy at the Property, as observed in the boreholes, consists of sand & gravel/sand or sandy silt fill material, overlying native sandy silt to silty sand with trace to some clay extending to the investigated depth of 7.1 m below grade. Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 Hydrogeological Setting The depth to groundwater in four (4) monitoring wells installed on the Property ranged between approximately 3.3 to 3.7 m below grade and indicated that the near surface groundwater table was situated in the silty sand/gravel layer. The monitoring wells were installed within the overburden as shown on cross-section Figures 5A, 5B.1 & 5B.2. Based on the relative groundwater elevations, the direction of groundwater flow was assessed to be in an easterly/northeasterly direction as shown on Figure 4. The regional groundwater flow is expected to the north towards Lake Simcoe located approximately 15 km to the north of the Property. Based on the groundwater elevation contours, the horizontal hydraulic gradient was calculated at 0.015 m/m in an easterly/northeasterly direction, as shown on Figure 4. The vertical hydraulic gradients were not evaluated for the Property as a second water bearing unit was not encountered at the depths investigated at the Property. There were no contaminants of concern identified in groundwater at the Property. The contaminants of concern consisting of lead and arsenic were identified in the shallow fill material at the localized east central portion of the Property, that were above the applicable site condition standards. Any anticipated groundwater fluctuations due to seasonal, climatic or meteorological conditions are not considered to be a concern for environmental condition of the Property. Underground Utilities An underground gas line leads from Queen Street along the west side of the building to the northwest corner of the building, and underground telephone and cable runs in an east west direction on the west side of the building as shone on Figure 2. Electricity was provided by overhead hydro lines located on the west side of the building. The sub floor drains in the body shop connect to a sewer line located in a southwest northeast direction at the rear (north side) of the building that drains into the sewer system located to the northeast of the Property. Wastewater from house was discharged to the sewer system running along the east side of the Property. Based on the findings of the Phase Two ESA completed at the Property, the contaminants of concern consisting of lead and arsenic were identified in the shallow fill material at the localized east central portion of the Property, that were above the applicable site condition standards. There were no contaminants of concern in the groundwater at the Property. Given the depth of groundwater (approximately 3.3 to 3.7 m below grade), the underground utilities are not considered a concern to influence groundwater flow and transport of on-Site or off-Site contaminants. Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 Potentially Contaminating Activities & Areas of Potential Environmental Concern As per Ontario Regulation 153/04, as amended, a Potential Contaminating Activity (PCA) is defined as one of the 59 industrial operations set out in Table 2 of Schedule D that occurs or has occurred on the Property or within the Phase One Study Area. Based on the Phase One ESA, the relevant PCAs at the Property and the Phase One Study Area that have potential to cause Areas of Potential Environmental Concern (APECs) at the Property are identified in the following table (Figure 2): Number Location Phase One Property 1 North, east and west portions of the Property 2 North portion of the building 3 Potentially Contaminating Activity Details #30 – Importation of fill material of unknown quality Quality of fill material identified at the Property during subsurface investigation for Phase Two ESA is not known. The building has been in use as a commercial auto body shop with a former hoist in the central north portion of the building. Due to presence of former hoist, the north central portion of the building was considered to be an APEC. The concrete floor of the remaining building was in good shape and free of any cracks. No staining of other evidence of spills was noted in the building, as such, the entire auto body shop was not considered to be an APEC resulting from the PCA (use as auto body shop). Only small cans of paints were stored in the paint storage room on shelves. All paints used were reportedly water based. No significant stains or evidence of spills were noted in the paint room. Concrete floor of the paint room was noted to be in good condition and free of cracks. As such, paint storage and use was not considered to be a PCA causing an APEC at the site Historic and current presence of heating oil AST at the northeast corner of the eastern portion of the body shop. #10 - Commercial auto body shop with former hoist. East portion of the body shop #28 - Gasoline and associated product storage in fixed tanks East middle portion of the Property, adjacent to the body shop Study Area 5 Adjacent property to the west #28 - Gasoline and associated product storage in fixed tanks Historic underground storage tank (UST) at the eastern middle portion of the Property, identified during remedial excavation #28 - Gasoline and associated product storage in fixed tanks 6 #46 - Rail yards, tracks and spurs Vent and fill pipes were noted on the adjacent property to the west indicative of a heating oil tank. 1924 FIP indicated rail tracks adjacent to the southeast and south of the Property. 4 Adjacent area to the southeast and south of the Property Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON 7 Adjacent roadway (Queen Street) to the south of the Property Not listed in the Table 2 of Schedule D June 26, 2014 File No. 13-13-3102 Adjacent roadway (Queen Street) is approximately at 2.4 m higher elevation than the Property. Historic use of road de-icing salts has a potential to impact the soil and groundwater at the Property. The identified areas of potential environmental concern (APEC) and potential contaminants of concern (COCs) on Phase One Property are summarized below (Figure 2): APEC APEC-1 Location of Potential Environmental Concern on Phase One Property Entire Property Potentially Contaminating Activity Location of PCA Contaminants of Potential Concern #30 – Importation of fill material of unknown quality On-Site Metals & Inorganics, Polycyclic Aromatic Hydrocarbons (PAHs) Petroleum Hydrocarbons (PHCs), Volatile Organic Compounds (VOCs),metals PHCs, Benzene, Toluene, Ethylbenzene, & Xylenes (BTEX), Lead Media Potentially Impacted (Groundwater, Soil and/or Sediment) Soil APEC-2 North building portion of the Property #10 - Commercial auto body shop with former hoist On-Site Soil, Groundwater APEC-3 East middle portion of the Property #28 - Gasoline and associated product storage in fixed tanks On-Site APEC-4 West portion of the Property Off-Site PHCs, BTEX, Lead Soil, Groundwater APEC-5 Entire Property Off-Site PAHs Soil APEC-6 Entire Property #28 - Gasoline and associated product storage in fixed tanks #46 - Rail yards, tracks and spurs Not listed in the Table 2 of Schedule D Off-Site EC, SAR, Sodium, Chloride Soil, Groundwater Soil, Groundwater Phase Two ESA Summary The Phase Two ESA was conducted to assess the soil and groundwater quality in the APECs identified at the Property. Soil samples from seven boreholes (BH1 to BH7) and groundwater samples from four monitoring wells (MW1 to MW3 & MW7) installed at the Property were submitted for chemical analysis of metals and inorganic, VOCs, and PHCs. Monitoring well MW7 was installed in the remediated area in the vicinity of removed underground storage tank to assess groundwater quality after remediation of impacted soil. The borehole and monitoring well locations are shown on Figure 3. Based on the analytical results of soil samples, the concentrations of lead, arsenic, electrical conductivity (EC), and sodium adsorption ratio (SAR) in fill material in isolated areas were above the applicable MOE Table 2 SCS. Based on the analytical results of groundwater samples, the concentrations of sodium and chloride in groundwater from monitoring wells MW1 and MW2 were above the applicable MOE Table 2 SCS. Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 The EC and SAR impact in the fill material and sodium and chloride impact in groundwater at the Property is attributed to the use of de-icing salts on the adjacent roadway. As the adjacent road (Queen Street) is at significantly higher elevation (242.9 m) from the Property (240.5 m) exhibiting a grade difference of approximately 2.4 m, the road de-icing salts migrate to the Property. The run-off of salty water from Queen Street inundates the entire Property. The Property and the adjacent roadway has been developed for more than 80 years. Infiltration of surface water over prolonged period of time has likely contributed EC & SAR in soil and sodium & chloride in groundwater at the Property. Underground utility trenches including gas line, telephone line, and sewer line likely provided pathways facilitating migration of EC, SAR, sodium and chloride across the Property. As such, the exceedances found in soil and groundwater samples appear to be more likely a result of salting on Queen Street. As per the clause 48 (3) of Reg.153/04 amended, “If, having regard to any phase one and phase two environmental site assessments for a property, a qualified person determines that an applicable site condition standard is exceeded at the property solely because a substance has been used on a highway for the purpose of keeping the highway safe for traffic under conditions of snow or ice or both, as provided for under section 2 of Regulation 339 of the Revised Regulations of Ontario, 1990 (Classes of Contaminants — Exemptions), the applicable site condition standard is deemed not to be exceeded for the purpose of Part XV.1 of the Act. O. Reg. 153/04, s. 48 (3)”. Therefore, EC and SAR in soil and sodium and chloride in groundwater are not considered to be COCs above the applicable SCS for the Property. Lead and arsenic impact was identified in the shallow fill material at the localized east central portion of the Property. The extent of lead and arsenic impact was delineated during Phase Two ESA as illustrated on Figures 3.1, 3.2 & 5B-1. Based on the vertical and lateral extent of the soil impacts, excavation was conducted to remove the impacted soils. During excavation an underground storage tank (UST) was encountered at the southwest corner of the excavation as shown on Figure 3.1. The tank was located within fill material at depths between 0.75 m to 2.0 m below ground surface. The UST was single-walled steel tank measuring approximately 1.2 m in diameter and approximately 3 m long with a capacity of approximately 2,475 Litres (550 gallons). The UST was removed by a licensed contractor. The excavation to remove the impacted soils extended to the depths varying from 3.3 m to 4.0 m below ground surface. The analytical results of the confirmatory soil samples from the excavation limits were below the MOE Table 2 SCS. The excavated area was backfilled with granular material imported from a MOE licensed facility. Monitoring well MW7 was installed in the remediated area to assess the groundwater quality after remediation. Chemical results of groundwater sample from MW7 indicated concentration of ethylbenzene (7.6 µg/L) above the MOE Table 2 SCS (2.4 µg/L). Monitoring well MW7 was re-sampled to confirm groundwater quality. As indicated by the chemical results, all analysed VOCs and PHCs parameters met the MOE Table 2 SCS. The elevated concentration of ethylbenzene in first round of groundwater sample from MW7 was likely sporadic and anomalous. The groundwater quality was further confirmed Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 conducting two additional rounds of sampling of MW7. There were no exceedances of MOE Table 2 SCS in the analysed parameters. The analytical results of the confirmatory groundwater samples from the remediated area were below the MOE Table 2 SCS. Figures 3.1, 3.2, 5B.1 and 5B.2 illustrate the extent of impacts, limits of excavation, and confirmatory sample locations. There were no other COCs identified in soil or groundwater above the applicable MOE Table 2 SCS. Based on the results of the Phase Two ESA, all impacted material has been removed from the Property. All soil and groundwater remaining on the Property have concentrations of the contaminants of concern noted in the Phase One ESA below the applicable Table 2 SCS for residential property use. Proposed Development The Property is proposed to be re-developed with residential townhouses. The proposed buildings will be slab-on-grade structures with no basements. Contaminants of Concern (COCs) Based on the results of the Phase Two ESA, the contaminants of concern above the applicable site condition standards consisted of lead and arsenic within the shallow fill material at the localized east central portion of the Property. These contaminants are attributed to the quality of the fill material placed at the Property. There were no other contaminants of concern above the MOE Table 2 SCS in soil. There were no contaminants of concern above the MOE Table 2 in groundwater at the Property. Soil Vapour Intrusion The proposed buildings will be slab-on-grade structures without basements. There are no contaminants currently present on the Property. As such, the potential for soil vapour intrusion by contaminants of concern into the buildings is not possible. Potential Exposure Pathways and Receptors Description of All Components Following is the list of all risk based components of the potential exposure pathways and receptors. These components are used in this section as well as the graphical representation of the pathways and receptors presented on Figure 6. GW1 – Exposure pathway due to ingestion of potable groundwater GW2 – Exposure pathway due to inhalation of indoor air containing soil vapour from groundwater at water table GW3 – Exposure pathway to aquatic biota via groundwater discharge to surface water S1 – Component for direct exposure to soil via soil ingestion and dermal contact appropriate for a residential scenario Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON June 26, 2014 File No. 13-13-3102 S2 – Component for direct exposure to soil via soil ingestion and dermal contact appropriate for a commercial/industrial scenario S3 – Component for direct exposure to soil via soil ingestion and dermal contact appropriate for the subsurface soil in a commercial/industrial scenario S-IA – Exposure pathway due to inhalation of indoor air containing soil vapour S-OA – Exposure pathway due to inhalation of soil vapour in outdoor air S-Odour – Exposure pathway due to odour from surface soil S-GW1 – Exposure pathway due to movement of a substance from the soil to groundwater then to a human receptor via drinking water S-GW3 – Exposure pathway due to movement of a substance from soil to groundwater then to aquatic receptors in a surface water body Plants and Soil Organisms – Soil for protection against adverse effects to plants and soil dwelling organisms Mammals and Birds – Soil for protection against adverse effects through direct soil and food ingestion to mammals and birds Receptor Human Health Potential Pathway Potential Risks Sources Contaminant of Concern Potential Risks GW1 Contamination not present in groundwater PHCs, BTEX, Metals & Inorganics, VOCs No Risk – No Source GW2 Contamination not present in groundwater PHCs, BTEX, Metals & Inorganics, VOCs, PAHs No Risk – No Source S1 Contamination present in fill soil Metals (Lead & Arsenic) No Risk – Source Removed S2 Contamination present in fill soil Metals (Lead & Arsenic) No Risk – Source Removed S3 Contamination present in fill soil Metals (Lead & Arsenic) No Risk – Source Removed S-IA Contamination present in fill soil Metals (Lead & Arsenic) No Risk – No Volatile Source S-OA Contamination present in fill soil Metals (Lead & Arsenic) No Risk – No Volatile Source S-Odour Contamination present in fill soil Metals (Lead & Arsenic) No Risk – No Volatile Source S-GW1 Contamination present in fill soil Metals (Lead & Arsenic) No Risk – Source Removed Receptor Terrestrial Environment Potential Pathway Potential Risks Sources Contaminant of Concern Potential Risks Plants and Soil Organisms Contamination present in fill soil Metals (Lead & Arsenic) No Risk – Source Removed Brixton Commercial Realty Advisors Ltd. Phase Two ESA Conceptual Site Model, 487 Queen Street, Newmarket, ON Mammals and Birds Contamination present in fill soil Metals (Lead & Arsenic) June 26, 2014 File No. 13-13-3102 No Risk – Source Removed Receptor Aquatic Environment Potential Pathway Potential Risks Sources Contaminant of Concern Potential Risks GW3 Contamination not present in groundwater PHCs, BTEX, Metals & Inorganics, VOCs No Risk – No Source S-GW3 Contamination not present in groundwater PHCs, BTEX, Metals & Inorganics, VOCs No Risk – No Source FIGURES TERRAPROBE INC.
