record of site condition # 217529 record of site condition under

36
Ontario Ministry of the Environment and Climate Change - Record of Site Condition # 217529 Record of Site Condition Under Part XV.1 of the Environment Protection Act Summary Notice to Readers Concerning Due Diligence This record of site condition has been filed in the Environmental Site Registry to which the public has access and which contains a notice advising users of the Environmental Site Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Environmental Site Registry. Contents of this Record of Site Condition This record of site condition consists (RSC) of this document which is available to be printed directly from the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been submitted in electronic format to the Ministry of the Environment and Climate Change. Record of Site Condition Number 217529 Date Filed to Environmental Site Registry 2015/04/29 Certification Date 2015/03/09 Current Property Use Commercial Intended Property Use Residential Certificate of Property Use Number No CPU Applicable Site Condition Standards** Full Depth Generic Site Conditions Standard, with Potable Ground Water, Medium and Fine Textured Soil, for Residential property use Property Municipal Address 1010 DUNDAS STREET EAST, WHITBY, ON, L1N 2K3 1 of 18 Filed Record of Site Condition # 217529 on 2015/04/29

Upload: danglien

Post on 03-Jan-2017

224 views

Category:

Documents


3 download

TRANSCRIPT

Page 1: Record of Site Condition # 217529 Record of Site Condition Under

Ontario Ministry of the Environment and Climate Change - Record of Site Condition # 217529

Record of Site Condition

Under Part XV.1 of the Environment Protection Act

Summary

Notice to Readers Concerning Due Diligence

This record of site condition has been filed in the Environmental Site Registry to which the public has

access and which contains a notice advising users of the Environmental Site Registry who have dealings

with any property to consider conducting their own due diligence with respect to the environmental

condition of the property, in addition to reviewing information in the Environmental Site Registry.

Contents of this Record of Site Condition

This record of site condition consists (RSC) of this document which is available to be printed directly from

the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been

submitted in electronic format to the Ministry of the Environment and Climate Change.

Record of Site Condition Number 217529Date Filed to Environmental Site Registry 2015/04/29Certification Date 2015/03/09Current Property Use CommercialIntended Property Use ResidentialCertificate of Property Use Number No CPUApplicable Site Condition Standards** Full Depth Generic Site Conditions Standard,

with Potable Ground Water, Medium and FineTextured Soil, for Residential property use

Property Municipal Address 1010 DUNDAS STREET EAST, WHITBY, ON,L1N 2K3

1 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 2: Record of Site Condition # 217529 Record of Site Condition Under

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 1010 DUNDAS EAST DEVELOPMENTS INC.

Authorized Person SAM HAJI

Mailing Address 279 SHEPPARD AVENUE WEST, TORONTOONTARIO, CANADA

Postal Code M2N 1N4

Phone (416) 915-5982

Fax

Email Address [email protected]

2 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 3: Record of Site Condition # 217529 Record of Site Condition Under

RSC Property Location Information

Municipal Address(es) 1010 DUNDAS STREET EAST, WHITBY, ON L1N 2K3

Municipality Whitby

Legal Description See Attached Lawyer’s Letter

Assessment Roll Number(s)

1809040-02803000

Property Identifier Number(s)

26522-0074 (LT)

RSC Property Geographical References

Coordinate System UTM

Datum NAD 83

Zone 17

Easting 666,666.00

Northing 4,861,079.00

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

3 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 4: Record of Site Condition # 217529 Record of Site Condition Under

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

4 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 5: Record of Site Condition # 217529 Record of Site Condition Under

PART 2: LIST OF REPORTS, SUMMARY OF SITE CONDITIONS AND QUALIFIED PERSON’S STATEMENTS AND CERTIFICATIONSQualified Person's Information

Name GRAHAM FISHER

Type of Licence Under Professional Engineers Act

Licence

Licence Number 14260400

QP Employer Name HADDAD GEOTECHNICAL INC.

Mailing Address 151 AMBER STREET, UNIT 17, MARKHAMONTARIO, L3R 3B3 CANADA

Phone (905) 475-0951

Fax (905) 475-8338

Email Address [email protected]

Municipal Information

Local or Single-Tier Municipality

Whitby

Upper-Tier Municipality Durham

Ministry of the Environment and Climate Change District Office

District Office York-Durham District Office

District Office Address 230 Westney Rd. S., 5th floor, Ajax ON L1S 7J5

5 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 6: Record of Site Condition # 217529 Record of Site Condition Under

Phase One Environmental Site Assessment ReportDocument used as the phase one environmental site assessment report and updates in submitting the RSC for filing

The date the last work on all of the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done (refer to clause 28(1)(a) of O. Reg. 153/04)

(YYYY/MM/DD)

2014-01-08

Type of Report

Report Title Date of Report (YYYY/MM/DD)

Author of Report

Name of ConsultingCompany

P1 ESA Phase 1 Environmental Site Assessment 2014-04-30 D Graham Fisher

HADDAD GEOTECHNICAL INC.

Reports and Other Documents Related to the Phase One Environmental Site AssessmentReports 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 ConsultingCompany

N/A

6 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 7: Record of Site Condition # 217529 Record of Site Condition Under

Phase Two Environmental Site Assessment ReportDocument 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)

(YYYY/MM/DD)

2015-03-09

Type of Report

Report Title Date of Report (YYYY/MM/DD)

Author of Report

Name of ConsultingCompany

P2 ESA Phase Two Environmental Site Assessment 2015-03-26 D. Graham Fisher

HADDAD GEOTECHNICAL INC.

Reports and Other Documents Related to the Phase Two Environmental Site AssessmentReports 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 ConsultingCompany

N/A

7 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 8: Record of Site Condition # 217529 Record of Site Condition Under

Environmental ConditionSection 41 applies? No

Section 43.1 applies? No

Site Condition InformationCertification date (YYYY/MM/DD) 2015/03/09

Total area of RSC property (in hectares) 4.16000

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 Medium and Fine

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

MAXXAM ANALYTICS INC.

Ground water condition (potable, non-potable) Potable

Applicable Site Condition Standard TABLE 2

8 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 9: Record of Site Condition # 217529 Record of Site Condition Under

Table 1 – Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards

Measured Concentration for Contaminants in Soil

ContaminantName

Maximum Concentration

Applicable Site Condition Standard

Unit of Measure

1 Petroleum Hydrocarbons F1**** < 10 65 µg/g

2 Petroleum Hydrocarbons F2 25 150 µg/g

3 Petroleum Hydrocarbons F3 580 1300 µg/g

4 Petroleum Hydrocarbons F4 4,600 5600 µg/g

5 Polychlorinated Biphenyls 0.014 0.35 µg/g

6 Bromodichloromethane < 0.05 1.9 µg/g

7 Bromoform < 0.05 0.26 µg/g

8 Dibromochloromethane < 0.05 2.9 µg/g

9 Antimony < 0.2 7.5 µg/g

10 Arsenic 2.5 18 µg/g

11 Selenium < 0.5 2.4 µg/g

12 Barium 76 390 µg/g

13 Beryllium 0.38 5 µg/g

14 Boron (total) < 5 120 µg/g

15 Cadmium 0.19 1.2 µg/g

16 Chromium Total 14 160 µg/g

17 Cobalt 4.9 22 µg/g

18 Copper 12 180 µg/g

19 Lead 14 120 µg/g

20 Molybdenum < 0.5 6.9 µg/g

21 Nickel 10 130 µg/g

22 Silver < 0.2 25 µg/g

23 Thallium 0.11 1 µg/g

24 Uranium 0.44 23 µg/g

25 Vanadium 25 86 µg/g

26 Zinc 46 340 µg/g

27 Acetone < 0.5 28 µg/g

28 Bromomethane < 0.05 0.05 µg/g

29 Carbon Tetrachloride < 0.05 0.12 µg/g

30 Chlorobenzene < 0.05 2.7 µg/g

31 Chloroform < 0.05 0.18 µg/g

32 Dichlorobenzene, 1,2- < 0.05 1.7 µg/g

33 Dichlorobenzene, 1,3- < 0.05 6 µg/g

34 Dichlorobenzene, 1,4- < 0.05 0.097 µg/g

35 Dichlorodifluoromethane < 0.05 25 µg/g

...Continued on next page

9 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 10: Record of Site Condition # 217529 Record of Site Condition Under

Table 1 – Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards

Measured Concentration for Contaminants in Soil

Continued from previous page....

ContaminantName

Maximum Concentration

Applicable Site Condition Standard

Unit of Measure

36 Dichloroethane, 1,1- < 0.05 0.6 µg/g

37 Dichloroethane, 1,2- < 0.05 0.05 µg/g

38 Dichloroethylene, 1,1- < 0.05 0.05 µg/g

39 Dichloroethylene, 1,2-cis- < 0.05 2.5 µg/g

40 Dichloroethylene, 1,2-trans- < 0.05 0.75 µg/g

41 Dichloropropane, 1,2- < 0.04 0.085 µg/g

42 Dichloropropene,1,3- < 0.04 0.081 µg/g

43 Ethylene dibromide < 0.05 0.05 µg/g

44 Hexane (n) < 0.05 34 µg/g

45 Methyl Ethyl Ketone < 0.5 44 µg/g

46 Methyl Isobutyl Ketone < 0.05 4.3 µg/g

47 Methyl tert-Butyl Ether (MTBE) < 0.05 1.4 µg/g

48 Methylene Chloride < 0.05 0.96 µg/g

49 Styrene < 0.05 2.2 µg/g

50 Tetrachloroethane, 1,1,1,2- < 0.05 0.05 µg/g

51 Tetrachloroethane, 1,1,2,2- < 0.05 0.05 µg/g

52 Tetrachloroethylene < 0.05 2.3 µg/g

53 Trichloroethane, 1,1,1- < 0.05 3.4 µg/g

54 Trichloroethane, 1,1,2- < 0.05 0.05 µg/g

55 Trichloroethylene < 0.05 0.52 µg/g

56 Trichlorofluoromethane < 0.05 5.8 µg/g

57 Vinyl Chloride < 0.02 0.022 µg/g

58 Benzene < 0.02 0.17 µg/g

59 Ethylbenzene < 0.02 1.6 µg/g

60 Toluene 0.028 6 µg/g

61 Xylene Mixture < 0.02 25 µg/g

10 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 11: Record of Site Condition # 217529 Record of Site Condition Under

Table 1 – Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued)

Ground Water

ContaminantName

Maximum Concentration

Applicable Site Condition Standard

Unit of Measure

1 Acetone < 10 2700 µg/L

2 Bromomethane < 0.5 0.89 µg/L

3 Carbon Tetrachloride < 0.2 5 µg/L

4 Chlorobenzene < 0.2 30 µg/L

5 Chloroform < 0.2 22 µg/L

6 Dichlorobenzene, 1,2- < 0.5 3 µg/L

7 Dichlorobenzene, 1,3- < 0.5 59 µg/L

8 Dichlorobenzene, 1,4- < 0.5 1 µg/L

9 Dichlorodifluoromethane < 0.5 590 µg/L

10 Dichloroethane, 1,1- < 0.2 5 µg/L

11 Dichloroethane, 1,2- < 0.5 5 µg/L

12 Dichloroethylene, 1,1- < 0.2 14 µg/L

13 Dichloroethylene, 1,2-cis- < 0.5 17 µg/L

14 Dichloroethylene, 1,2-trans- < 0.5 17 µg/L

15 Dichloropropane, 1,2- < 0.2 5 µg/L

16 Dichloropropene,1,3- < 0.3 0.5 µg/L

17 Ethylene dibromide < 0.2 0.2 µg/L

18 Hexane (n) < 0.1 520 µg/L

19 Methyl Ethyl Ketone < 10 1800 µg/L

20 Methyl Isobutyl Ketone < 5 640 µg/L

21 Methyl tert-Butyl Ether (MTBE) < 0.5 15 µg/L

22 Methylene Chloride < 2 50 µg/L

23 Styrene < 0.5 5.4 µg/L

24 Tetrachloroethane, 1,1,1,2- < 0.5 1.1 µg/L

25 Tetrachloroethane, 1,1,2,2- < 0.5 1 µg/L

26 Tetrachloroethylene < 0.2 17 µg/L

27 Trichloroethane, 1,1,1- < 0.2 200 µg/L

28 Trichloroethane, 1,1,2- < 0.5 5 µg/L

29 Trichloroethylene < 0.2 5 µg/L

30 Trichlorofluoromethane < 0.5 150 µg/L

31 Vinyl Chloride < 0.2 1.7 µg/L

32 Benzene < 0.2 5 µg/L

33 Ethylbenzene < 0.2 2.4 µg/L

34 Toluene < 0.2 24 µg/L

35 Xylene Mixture < 0.2 300 µg/L

...Continued on next page

11 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 12: Record of Site Condition # 217529 Record of Site Condition Under

Table 1 – Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued)

Ground Water

Continued from previous page....

ContaminantName

Maximum Concentration

Applicable Site Condition Standard

Unit of Measure

36 Petroleum Hydrocarbons F1**** < 25 750 µg/L

37 Petroleum Hydrocarbons F2 < 100 150 µg/L

38 Petroleum Hydrocarbons F3 < 200 500 µg/L

39 Petroleum Hydrocarbons F4 < 200 500 µg/L

12 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 13: Record of Site Condition # 217529 Record of Site Condition Under

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)

none 0.0

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) 0.0

Estimated Quantity of Sediment (in-ground volume in m³) 0.0

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)

0.0

13 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 14: Record of Site Condition # 217529 Record of Site Condition Under

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

14 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 15: Record of Site Condition # 217529 Record of Site Condition Under

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.

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.

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.

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.

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?

No

15 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 16: Record of Site Condition # 217529 Record of Site Condition Under

Qualified Person’s Statements and CertificationsAs 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 2015/03/09, 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 2015/03/09, 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 2015/03/09, 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 HADDAD GEOTECHNICAL 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 assessmentor 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 2015/03/09.

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, GRAHAM FISHER, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/03/30:

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

16 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 17: Record of Site Condition # 217529 Record of Site Condition Under

Additional Documentation Provided by Property Owner or AgentThe following documents have been submitted to the Ministry of the Environment and Climate Changeas 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

6.1.2

17 of 18Filed Record of Site Condition # 217529 on 2015/04/29

Page 18: Record of Site Condition # 217529 Record of Site Condition Under

]sef sepunc 0L0L@ pulq op Aqereq pue 'ol pezrroqlne ure '-lpH rues 'l

ileH [Iles:6uru619 uosJed ]o eureN

-\,1( 9-" tgt...zyl:peu6rs elec-'2 71 7<.ernleu6rs

'cul slueuroole^oc lsef sepunc 0L0L .reu^ o ]o erueN

\ 'ecues'sreuuocoJ elrs aql 6urlcnpuoc ;osesodrnd ro; 'uosred per;r;enb eql

^q posrruedns suostad ol pue uoslad per;r;enb

aL{} o} papro#e uooq seq '{yedord CSU eq} pue ,{yedord onq eseqd {ue '{pedordeuo eseqd eq1 Ourpnlcur 'Ayedord arrlue eql ol ssocce ]eql pernsuo a^eLl I q

'\)|WJo se enrl ere OSU eql1o ped slq] ul epeu s1u6-rua1e1s eLll 'e6pelnnoul {ur o1

csu slql u! peureuuosred per;r;enb {ue o} 7 qdet5ercd ur o1 perJo}eJ uor}errtio}ur lle pesolosrp o^eq I

'ereMe rue I LlcrrlM lo 3suslql o] ]ue^elar uorlerurolur lle paurelqo o^eq I pue CSU aql io ped srql ur peueu

Apedord CSE eql ]o sleuMo ]uernc rel{}o aLl} uror} uor}ellJo]ur 6urpn;cur 'CSUslL{} o} }ue^elar uor}euro}ur lle ure}qo o} seurnour elqeuoseer pe}cnpuoc e^eq I

fu1sr6eg eql u! uorleurolur burnnernet ol uorlrppe ur '[pedoldaLll ]o uorlrpuoc leluotuuor^ue eLll o1 lcedser qlrnn acue6lllp enp uMo JraLll

Ourlcnpuoc Japrsuoc o1 {pedord ,{ue qlrnn s6ur;eep e^eLi oqm fulsr6ey eLl} }o sJesnOursrnpe ecrlou e sureluoo {.llsrOeg eq} }eLl} pue crlqnd eLl}

^q uor}euruexe ro}

olqelre^e ere fulsrbeu eql u! pelll ere leLll uor+rpuoc elrs Jo sprocer 1eq1 'fu1srbege]rs leluauruor^uf aql ul 6ur;r1ro1 pal]ruqns oq lllm CSU eLli 1eq1 a6palmouloe I

v

'c

Z

,

:JeuMo ue sv

18 of 18 Filed Record of Site Condition # 217529 on 2015/04/29

Page 19: Record of Site Condition # 217529 Record of Site Condition Under

Request ID: 017462465 Province of Ontario Date Report Produced: 2015/03/26Demande n° : Province de l'Ontario Document produit le :Transaction ID: 57140954 Ministry of Government Services Time Report Produced: 09:15:48Transaction n° : Ministère des Services gouvernementaux Imprimé à :Category ID: CTCatégorie :

CERTIFICATE OF STATUSATTESTATION DU STATUT JURIDIQUE

This is to certify that according to the D'après les dossiers du Ministère desrecords of the Ministry of Government Services gouvernementaux, nous attestonsServices que la société

1 0 1 0 D U N D A S E A S T D E V E L O P M E N T S I N C .

Ontario Corporation Number Numéro matricule de la société (Ontario)

0 0 2 3 8 0 5 9 4

is a corporation incorporated, est une société constituée, prorogée ou néeamalgamated or continued under d'une fusion aux termes des lois de lathe laws of the Province of Ontario. Province de l'Ontario.

The corporation came into existence on La société a été fondée le

J U L Y 1 2 J U I L L E T , 2 0 1 3

and has not been dissolved. et n'est pas dissoute.

Dated Fait le

M A R C H 2 6 M A R S , 2 0 1 5

DirectorDirecteur

The issuance of this certifcate in electronic form is authorized by the Ministry of Government Services.

La délivrance du présent certificat sous forme électronique est autorisée par le Ministère des Services gouvernementaux.

Page 20: Record of Site Condition # 217529 Record of Site Condition Under

Garfinkle Biderman LLP 1 Adelaide Street East, Suite 801, Toronto, ON M5C 2V9

Tel | (416) 869-1234 Fax | (416) 869-0547

www.garfinkle.com

Michelle R. Frost Direct Line: 416.869.7605416.869.7605 e-mail: [email protected]@garfinkle.com

Law Clerk: Deborah Doucet Direct Line: 416.869.7613 e-mail: [email protected]

February 4, 2014 Delivered Via Email

To Whom It May Concern:

Re: 1010 Dundas East Developments Inc. ("Owner") 1010 Dundas Street East, Whitby ("Property") Record of Site Condition

We wish to confirm that 1010 Dundas East Developments Inc. is the registered owner, in fee simple and the developer of the lands which are the subject of the Record of Site Condition.

We wish to further confirm that the legal description of the Property is as follows:

Firstly: Part Lots 23 and 24, Concession 2 Town of Whitby, being Parts 1,2, 3, 4 and 5, 40R-11196; s/t D1587 and TW1870, Town of Whitby;

Secondly: Part Lot 23, Concession 2 Town of Whitby, being Part 11, 40R11196, Town of Whitby;

Thirdly: Part Block H, Section M1112, being Parts 6, 7, 8 and 9, Plan 40R11196 except Parts 1 and 2, Plan 40R14801; s/t LT373595, Town of Whitby; and

Fourthly: Part of the South Half of Lot 23, Concession 2 Town of Whitby, being Parts 1, 2 and 3, 40R28391; s/t easement is in CO151980; s/t easement as in D6573; s/t easement as in EXPPL269.

Being all of PIN 26522-0074 (LT)

The lands described in PIN 26522-0074 (LT) were conveyed to 1010 Dundas East Developments Inc. by Transfer registered in the Durham Land Titles Office on August 1, 2013 as Instrument No. DR1198502.

PIN 26522-0012 (LT) was replaced by PIN 26522-0073(LT) which was created as a result of the lands being brought into Absolute Title on June 16, 2014.

PINs 26522-0013 (LT), 26522-0014 (LT), 26522-0033 (LT) and 26522-0073 (LT) were replaced by 26522-0074 (LT) which was created as a result of an Application to Consolidate Parcels registered on November 24, 2014.

Page 21: Record of Site Condition # 217529 Record of Site Condition Under

December 10, 2014 Page 2

The Property Assessment Roll Number for the Property is 1809040-02803000.

Yours truly, Garfinkle Biderman LLP Per:

Michelle R. Frost

MRF/dd H:\CLIENT\9178\9178-001\Title Documents\Solicitor Letter revised.docx

Page 22: Record of Site Condition # 217529 Record of Site Condition Under
Page 23: Record of Site Condition # 217529 Record of Site Condition Under
Page 24: Record of Site Condition # 217529 Record of Site Condition Under
Page 25: Record of Site Condition # 217529 Record of Site Condition Under
Page 26: Record of Site Condition # 217529 Record of Site Condition Under
Page 27: Record of Site Condition # 217529 Record of Site Condition Under
Page 28: Record of Site Condition # 217529 Record of Site Condition Under

Table of Areas of Potential Environmental Concern (Refer to Clause 16(2)(a), Schedule D, O.Reg. 153/04

1010 Dundas Street East, Whitby (PIN) 26522-0012 (LT), 26522-0013 (LT), 26522-0014 (LT), 26522-0033 (LT)

Area of Potential

Environmental Concern

Location of Area of Potential Environmental Concern on Phase One

Property

Potential Contaminating

Activity

Location of PCA (on-site or

off-site)

Contaminants of Potential

Concern

Media Potentially Impacted

(Groundwater, soil and/or sediment)

Surficial soils in area of debris

and scrap storage

In the area of 1000 Dundas Street East Unit

- Salvage Yard, including automobile wrecking

On-site

PHCs BTEX VOCs Metals

Soils

Soils around ASTs adjacent

to trailers

Around trailers with identified exterior ASTs

- Gasoline and Associated Products Storage in Fixed Tanks

On-Site PHCs Soils

Surficial soils around area of former pole-top

transformer

East of southeast corner of 1000 Dundas Street

East

- Transformer Manufacturing, Processing and Use

On-Site PCBs Soils

Soils and groundwater in easterly portion

of the phase one property

Along the east property line, in close proximity to 1020 and 1110 Dundas

Street East

- Commercial Auto-body Shop

- Gasoline and Associated Products Storage in Fixed Tanks

Off-site PHCs BTEX VOCs

Soils and Groundwater

Surficial Soils along the rail line in west portion of phase one property

Along the westerly portion of the phase one property

- Rail Yards, Tracks and Spurs

Off-Site Metals PHCs

Soils

Page 29: Record of Site Condition # 217529 Record of Site Condition Under

Table of Current and Past Uses of Subject Property (Refer to Clause 16(2)(a), Schedule D, O.Reg. 153/04

1010 Dundas Street East, Whitby (PIN) 26522-0012 (LT), 26522-0013 (LT), 26522-0014 (LT), 26522-0033 (LT)

Year Name of Owner Description of Property Use Property

Use

Other Observations from Aerial Photographs, Fire Insurance

Plans, Etc.

Prior to 1893 John Anderson agricultural agricultural Land Titles Review

1893-1920 Emily Anderson, Alec

Anderson agricultural agricultural Land Titles Review

1920-1923 Isabella Anderson agricultural agricultural Land Titles Review

1923-1944 Thomas Bonetta Mobile Home Park and

Vacant Land Commercial

Land Titles Review, On-line resources

1944-1946 Ernest Killens, Rebecca

KIllens Mobile Home Park and

Vacant Land Commercial

Land Titles Review

1946-1953 Charles Fallow Mobile Home Park and

Vacant Land Commercial

Land Titles Review

1953-1960 Allen Fallow, Marvin Lloyd Mobile Home Park and

Vacant Land Commercial

Land Titles Review

1960-1987 George Watson, Ellen

Watson Mobile Home Park and

Vacant Land Commercial

Land Titles Review

1987-1988 541467 Ontario Limited, Joseph Mizzi, Sam Mizzi

Mobile Home Park and Vacant Land

Commercial Land Titles Review

1988-1991

Peter Tselios, Ermioni Tselios, Nikoleos

Karampas, 617682 Ontario Ltd., George Tselios, Panagiota Tselios, Catherine Tselios, Constantin Tselios

Mobile Home Park and Vacant Land

Commercial

Land Titles Review

1991- 2001 Deca Investors Limited Mobile Home Park and

Vacant Land Commercial

land titles review, municipal directories

2001 - 2005 Sanguilina Investments

Limited

Mobile Home Park and Vacant Land

Commercial land titles review, municipal

directories

2005 - 2013 2074359 Ontario Ltd.,

Mobile Home Park and

Vacant Land Commercial

land titles review, municipal directories

2013 - 2015 1010 Dundas East Developments Inc.

Mobile Home Park and Vacant Land

Commercial

On-site observations, interviews, online resources, land titles review, municipal

directories, ERIS report

Page 30: Record of Site Condition # 217529 Record of Site Condition Under

Phase Two Conceptual Site Model – 1010 Dundas Street East, Whitby 1. A description and assessment of: A. Areas where potentially contaminating activity (PCA) has occurred: On-Site

On-site activities include a salvage yard (including automobile wrecking) at 1000 Dundas Street East. Land use of this type creates potential for contamination in soil of Petroleum Hydrocarbons and BTEX, Volatile Organic Compounds and Metals because of the petroleum products, paints and solvents that are used. Another possible concern is the presence of aboveground fuel storage tanks at many of the trailers. The soil in the area around these tanks has the potential for contamination of petroleum hydrocarbons from gasoline and associated products. The area surrounding trailer #42 is a potential environmental concern because of a TSSA reported incident of an oil spill from a diesel generator. Another possible concern is a transformer that is located east of 1000 Dundas Street East. This transformer has been replaced recently (within the last 5 years) but the transformer that was previously in the same location could potentially have caused Polychlorinated Biphenyl (PCB) contamination in surficial soils in the area surrounding it.

Off-Site

Off-site activities in the area surrounding the subject property could have potentially contributed to contamination of the Site. There are two commercial auto body shops located east of the Phase Two property at 1020 and 1110 Dundas Street East. The soil and groundwater in the easterly portion of the property has the potential for contamination of Volatile Organic Compounds, Petroleum Hydrocarbon and BTEX due to these activities and the gasoline and other products that are associated with these land uses. There is a rail line that lies along the west portion of the property. Railway tracks could potentially contribute contamination of metals and petroleum hydrocarbons in the surficial soils along the rail line on the west side of the Phase Two property.

B. Areaa of potential environmental concern (APEC): see attached drawings CSM-1, 2, 3 The areas of potential environmental concern (APEC) for the on-site PCAs, as

listed above, are summarized as follows: - Localized areas of observed above-ground fuel storage tank (ASTs), as

shown in plan view on Drawing CSM 1, adjacent to several of the mobile homes on the property.

- The APEC for the salvage yard is the area to the north and west of the house at 1000 Dundas Street.

- The APEC for the oil spill from diesel generator is the area surrounding Trailer No. 42.

The area of potential environmental concern(APEC) for the off-site PCAs are summarized as follows:

- The APEC for the PCAs for the two commercial auto body shops at 1020 and 1110 Dundas Street East is located in the east section of the Phase Two property.

- The APEC for the railway is the west portion of the Phase Two property, extending along the common boundary with Canadian Pacific Railway.

C. Any subsurface structures and utilities on in or under the phase two property that may

affect contaminant distribution: The two houses on the site (1000 and 1010 Dundas Street East) have basements at

time of Phase Two assessment. No other known subsurface structures remain on site.

Buried trenches of buried utilities connection to the existing buildings extend into

Page 31: Record of Site Condition # 217529 Record of Site Condition Under

the Phase Two property from Dundas Street East. There are sanitary sewer and water supply trenches servicing each of the existing and former trailer locations. The service trenches may have acted as a conduit for transport of contaminant from localized spills of heating fuel oil or diesel as noted above.

2. A description of and as appropriate figures illustrating, the physical setting of the phase

two property and any area under it including: A. Stratigraphy from ground surface to the deepest aquifer investigated: In summary, the stratigraphy of the Site is described as follows:

Surficial Materials: - Grass, gravels, topsoil or 38±mm asphalt, overlying brown, moist native

clayey silt till which ranges in thickness from 1.0±m to 3.0±m Natural soils: - Beneath the layer of clayey silt till lies a layer of fine to coarse sand at

depths from 2.4± to 6.0±m. The location and thickness of this layer varies in each borehole.

- Below the moist brown sand layer is a layer of sandy silt till which was brown to grey, contains gravels and was observed to be in a moist to wet condition. This layer extends to 6.1±m which is the deepest depth that was explored as part of this investigation.

B. Hydrogeological characteristics, including aquifers, aquitards and in each

hydrostratigraphic unit where one or more contaminants is present at concentration above the applicable site standards, lateral and vertical gradients:

Aquifer is layer of fine to course sand, encountered in depth range 2.3m to 6.0m at locations explored. Layers of clayey silt till and sandy silt till above the sand layer as well as silt till below the sand layer act as aquitards.

Direction of groundwater flow is from north to south, toward Lake Ontario. Average horizontal hydraulic gradient 1.9% from north to south.

C. Approximate depth to bedrock: 13m as per previous boreholes conducted in vicinity of site. D. Approximate depth to water table: 1.8m to 3.7m below the grades as per monitoring wells installed on the site, as well

as free water measurements in other boreholes. Observed water is representative of groundwater in natural fine to coarse sand layer.

E. Any respect in which section 41 or 43.1 of the regulations applies to the property: Not applicable, as there are no areas of natural significance or bodies of water on

or within 30m of the subject property. F. Area where soil has been brought from another property and placed on the Phase Two

property: Fill materials / disturbed soils are presented over entire area of property with

depths ranging from 0.7±m to 1.4±m. G. Approximate locations, if known, of any proposed buildings and other structures: A residential development, consisting of townhouses with one underground

(basement) level is proposed for the subject property. The proposed townhouses are to be distributed across entire area of property.

3. Where a contaminant is present on, in or under the Phase Two property at a

concentration greater than the applicable site condition standard, identification of:

Page 32: Record of Site Condition # 217529 Record of Site Condition Under

A. Each area where a contaminant is present on, in or under a Phase Two property at a concentration greater than the applicable site condition standard: No instances of contaminants in excess of Table 2 (residential) criteria. B. The contaminants associated with each of the areas referred to in subparagraph A: no contaminants in soil and groundwater found to exceed Table 2 (residential) criteria.

C. Each medium in which a contaminant associated with an area referred to in subparagraph A is present: Not applicable.

D. A description and assessment of what is known about each of the areas referred to in subparagraph A: Not applicable.

E. The distribution, in each of the areas referred to in subparagraph A of each contaminant present in the area at a concentration greater than the applicable site condition standard, for each medium in which the contaminant is present, together with figures showing the distribution: Not applicable.

F. Anything known about the reason for the discharge of the contaminants present on, in or under the Phase Two property, at a concentration greater than the applicable site condition standard: Not applicable.

G. Anything known about migration of the contaminants present on, in or under the Phase Two property at a concentration greater than the applicable site condition standard, away from any area of potential environmental concern, including the identification of any preferential pathways: Not applicable.

H. Climatic or meteorological conditions that may have influenced distribution and migration of the contaminants, such as temporal fluctuations in groundwater levels: Periods of increased precipitation in areas upstream from the site may impact groundwater levels below the Phase Two property. I. If applicable, information concerning soil vapour intrusion of the contaminants into buildings, including:

- Relevant construction features of a building, such as basement or crawl space. - Building heating ventilating and air conditioning design and operation. - Subsurface utilities.

Soil vapour intrusion is not presently applicable to subject property, as no contaminants were found in soil and groundwater in excess of Table 2 (residential) criteria. For the proposed residential buildings to be constructed on the subject property, the foundations and basement levels are to be extend into undisturbed natural soils, so that soil vapour intrusion will not be a future concern.

4. Where contaminants , on, in or under the Phase Two property at a concentration greater than the applicable site condition standard, one or more cross sections showing:

Page 33: Record of Site Condition # 217529 Record of Site Condition Under

A. The lateral and vertical distribution of a contaminant in each area where the contaminants are present at concentration greater that the applicable site condition standard in soil, groundwater and sediment: no contaminants in soil and groundwater found to exceed Table 2 (residential) criteria. B. Approximate depth to water table in each area referred to in subparagraph A: 1.8±m to 3.7±m below existing grades. C. Stratigraphy from ground surface to the deepest aquifer investigated: As in 2A, above. D. Any subsurface structures and utilities that may affect contaminant distribution and transport in each area referred to in subparagraph A: no contaminants in soil and groundwater found to exceed Table 2 (residential) criteria.

5. For area where a contaminant is present on, in or under the property at a concentration greater than the applicable site condition standard for the contaminant, a diagram identifying, with narrative explanatory notes:

A. The release mechanism: Not applicable, no contaminants in soil and groundwater found to exceed Table 2 (residential) criteria.

B. Contaminant transport pathway: Not applicable, no contaminants in soil and groundwater found to exceed Table 2 (residential) criteria. C. The human and ecological receptors located on, in or under the phase two property: Not applicable, no contaminants in soil and groundwater found to exceed Table 2 (residential) criteria.

D. Receptor exposure points: See Drawing No. CSM-3 E. Routes of exposure: See Drawing No. CSM-3

Page 34: Record of Site Condition # 217529 Record of Site Condition Under
Page 35: Record of Site Condition # 217529 Record of Site Condition Under
Page 36: Record of Site Condition # 217529 Record of Site Condition Under

Description Applicable Not Applicable

Comments

GW1 Groundwater (potable) X No potable water wells on site or on adjacent properties

GW2 Groundwater (direct contact) X No potable water wells on site or on adjacent properties

GW3 Groundwater to Streams X no receiving aquatic environments on site or nearby

S1 Surface Soil X Direct contact with soils for proposed residential use

S2 Subsurface Soil X Not a concern S-GW1 Soil leaching to groundwater X No potable water wells on site or on adjacent

properties S-GW3 Soil leaching to groundwater X no receiving aquatic environments on site or

nearby S-noise Noise problems X Traffic noise from adjacent streets only S-air Outdoor air quality X Low potential for soil to impact outdoor air

quality Plant-Soil Impact on plants or soil

invertebrates X No potential concerns as no impacted soils on

site Animals - Biological

Impact on surface animals and plants

X No potential concerns as no impacted soils on site