phase 1 environmental assessment · 585 jewett road mason, michigan 48854 _____ reviewed by: _____...

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2381288R.001 STRATA ENVIRONMENTAL SERVICES, INC. ii Phase 1 Environmental Assessment 201 South Leroy Street Fenton, Michigan Prepared for: City of Fenton DDA P.O. Box 665 Fenton, Michigan 48759 Prepared by: Jason T. Armstrong Strata Environmental Services, Inc. 585 Jewett Road Mason, Michigan 48854 ______________________________ Reviewed by: ___________________________ June 11, 2003 Strata Project No.: 238-1288 Table of Contents

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Page 1: Phase 1 Environmental Assessment · 585 Jewett Road Mason, Michigan 48854 _____ Reviewed by: _____ June 11, 2003 ... Appendix H Resume . 2381288R.001 STRATA ENVIRONMENTAL SERVICES,

2381288R.001 STRATA ENVIRONMENTAL SERVICES, INC. ii

Phase 1 Environmental Assessment 201 South Leroy Street

Fenton, Michigan

Prepared for:

City of Fenton DDA P.O. Box 665

Fenton, Michigan 48759

Prepared by:

Jason T. Armstrong Strata Environmental Services, Inc.

585 Jewett Road Mason, Michigan 48854

______________________________

Reviewed by: ___________________________

June 11, 2003

Strata Project No.: 238-1288

Table of Contents

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2381288R.001 STRATA ENVIRONMENTAL SERVICES, INC. iii

1.0 SUMMARY .....................................................................................................................................................II

2.0 INTRODUCTION...........................................................................................................................................V

2.1 PURPOSE ........................................................................................................................................................V

2.2 DETAILED SCOPE-OF-SERVICES .....................................................................................................................V

2.3 SIGNIFICANT ASSUMPTIONS ...........................................................................................................................V

2.4 LIMITATIONS AND EXCEPTIONS.....................................................................................................................VI

2.5 SPECIAL TERMS AND CONDITIONS ................................................................................................................VI

2.6 USER RELIANCE ............................................................................................................................................VI

3.0 SITE DESCRIPTION................................................................................................................................... VI

3.1 LOCATION AND LEGAL DESCRIPTION............................................................................................................VI

3.2 SITE AND VICINITY GENERAL CHARACTERISTICS ........................................................................................VII

3.3 CURRENT USES OF THE PROPERTY ...............................................................................................................VII

3.4 DESCRIPTIONS OF STRUCTURES, ROADS, OTHER IMPROVEMENTS ON THE SITE...........................................VII

3.5 CURRENT USES OF ADJOINING PROPERTIES .................................................................................................VII

4.0 USER PROVIDED INFORMATION...................................................................................................... VIII

4.1 TITLE RECORDS ..........................................................................................................................................VIII

4.2 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS ...................................................................VIII

4.3 SPECIALIZED KNOWLEDGE..........................................................................................................................VIII

4.4 VALUATION REDUCTION FOR ENVIRONMENTAL ISSUES..............................................................................VIII

4.5 OWNER, PROPERTY MANAGER, AND OCCUPANT INFORMATION.................................................................VIII

4.6 REASON FOR PERFORMING PHASE I ............................................................................................................VIII

4.7 OTHER.........................................................................................................................................................VIII

5.0 RECORDS REVIEW ................................................................................................................................... IX

5.1 STANDARD AND SUPPLEMENTAL ENVIRONMENTAL RECORD SOURCES, FEDERAL AND STATE.....................IX

5.1.1 Federal ASTM Standard Records ............................................................................................................xi

5.1.2. State ASTM Standard Records..............................................................................................................xiii

5.1.3. Federal ASTM Supplemental Records ................................................................................................. xvii

5.1.4. State or Local ASTM Supplemental Records ......................................................................................... xx

5.1.5. EDR Proprietary Historical Databases ................................................................................................. xx

5.1.6. Additional Environmental Sources ....................................................................................................... xx

5.2 PHYSICAL SETTING SOURCES..................................................................................................................... XXI

5.3 HISTORICAL USE INFORMATION ON THE PROPERTY ................................................................................... XXI

5.4 COUNTY HEALTH DEPARTMENT RECORDS .............................................................................................. XXIV

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6.0 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS................................... XXIV

6.1 METHODOLOGY AND LIMITING CONDITIONS ........................................................................................... XXIV

6.2 GENERAL SITE SETTING ........................................................................................................................... XXIV

6.3 EXTERIOR OBSERVATIONS ........................................................................................................................ XXV

6.4 INTERIOR OBSERVATIONS ......................................................................................................................... XXV

7.0 INTERVIEWS......................................................................................................................................... XXVI

7.1 INTERVIEW WITH OWNER......................................................................................................................... XXVI

7.2 INTERVIEW WITH SITE MANAGER (FIRE CHIEF DENNIS SMITH) ............................................................... XXVI

7.3 INTERVIEWS WITH OCCUPANTS................................................................................................................ XXVI

7.4 INTERVIEWS WITH LOCAL GOVERNMENT OFFICIALS (MR. LES BLAND).................................................. XXVI

7.5 INTERVIEWS WITH OTHERS ..................................................................................................................... XXVII

8.0 FINDINGS..............................................................................................................................................XXVII

9.0 OPINION.............................................................................................................................................. XXVIII

10.0 CONCLUSIONS ................................................................................................................................ XXIX

11.0 DEVIATIONS ......................................................................................................................................XXX

12.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONALS ..........................................................XXX

13.0 QUALIFICATION(S) OF ENVIRONMENTAL PROFESSIONAL(S) .........................................XXX

List of Figures

Figure 1. Site Location Map Figure 2. Site Plan and Surround Land Use

List of Appendices

Appendix A Legal Descriptions of Subject Parcel Appendix B EDR Inc. Report Appendix C EDR Aerial Photographs Appendix D EDR City Directory Listing Appendix E Sanborn® Maps Appendix F Site Photographs Appendix G Regulatory Records Documentation Appendix H Resume

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1.0 SUMMARY

Strata Environmental Services, Inc. (Strata) has performed a Phase I Environmental Assessment

(EA) of the property located at 201 South Leroy Street, Fenton, Michigan (subject site).

Research conducted as part of this Phase 1 EA revealed that insufficient data might exist

pertaining to the potential ground-water impact due to the former leaking underground storage

tank on the site. In addition, the historic uses of the site present a potential risk of soil and/or

groundwater contamination. Strata believes that the historic uses of the properties directly north,

west and southwest of the site may have impacted the environmental conditions of the site,

however, does not believe that the Fenton DDA will assume the liability associated with

contamination migrating from off-site sources.

2.0 INTRODUCTION

2.1 Purpose

The City of Fenton Downtown Development Authority (DDA) retained Strata to complete a

Phase I EA of the property located at 201 South Leroy Street, Fenton, Michigan. The purpose of

the EA is to identify any environmental concerns prior to the acquisition of the property.

2.2 Detailed Scope-of-Services

This EA includes accessing applicable government (state and federal) databases, reviewing

historical uses of the site, completing a site inspection, as well as assessing the surrounding

property uses to identify potential or existing conditions that could have or have had an adverse

environmental impact on the subject site. The government databases were accessed using

Environmental Data Resources, Inc.’s (EDR) computerized search mechanisms.

2.3 Significant Assumptions

No significant assumptions were made in the preparation of this Phase I EA.

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2.4 Limitations and Exceptions

The scope of this investigation did not include any testing or sampling of materials (soil, water,

air, or building materials). The use or storage of small quantities of incidental chemicals for on-

site cleaning and maintenance is not construed as being hazardous substance use or storage.

Additionally, this investigation did not include an inspection for asbestos containing material

(ACM) or radon. This EA does not eliminate all uncertainty of adverse environmental impacts

on the subject parcel nor is the investigation an exhaustive assessment.

2.5 Special Terms and Conditions

All conclusions presented are based on the most current lists and files available and the scope of

investigation. The information presented is to the best knowledge of Strata Environmental

Services, Inc. No warranty or conclusions other than those contained in this report are implied

or intended. Strata Environmental Services, Inc. can offer no assurances and assumes no

responsibility for the condition of the site outside the requested scope of work and outlined

elsewhere in this report.

2.6 User Reliance

No information available to, or collected by, Strata has been deleted, omitted or changed that

would otherwise have caused the user of this report to reach different conclusions. Strata

realizes that the client is depending upon the overall completeness, accuracy and conclusions in

this report, and hereby certifies that this is a report upon which the City of Fenton DDA can rely.

3.0 SITE DESCRIPTION

3.1 Location and Legal Description

The subject site is comprised of one, 1.53-acre parcel located at the southeast corner of South

Leroy Street and East Ellen Street in Fenton, Michigan. The site is in the Northwest ¼ of the

Northwest ¼ of Section 36, Township 5 North, Range 6 East, Genesee County. A site location

map is included as Figure 1. The legal descriptions for the site is:

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The West 51 feet of Lot 10, block 18 and Lots 11 and 12 of block 18, and Lot 13 of block 18, except a parcel of land beginning South 22 degrees 52 minutes West 305.20 feet from the northwest corner of Lot 13 block 18, thence South 68 degrees 11 minutes East 74.80 feet, thence South 21 degrees 10 minutes West 39 feet, thence North 68 degrees 11 minutes West 76.00 feet, thence North 22 degrees 52 minutes East 39.00 feet to place of beginning of original plat of Village of Fentonville.

3.2 Site and Vicinity General Characteristics

The subject property is located in the City of Fenton in an area of mixed commercial and

residential properties. The area is predominantly commercial, with the exception of the

residential areas east, northeast, and southeast of the site.

3.3 Current Uses of the Property

The buildings on the site is currently vacant.

3.4 Descriptions of Structures, Roads, Other Improvements on the Site

Figure 2 shows the general layout of the subject site. The main building on the site occupies the

northwest corner of the subject site. This building is a two-story, brick structure built in 1938 for

the use as a fire station. The building does not have a basement. Four overhead garage doors are

on the north side of the building (upper level), and three overhead garage doors are on the south

side of the building (lower level). The building is heated with natural gas, and municipal water

and sanitary sewer systems serve the site.

The second structure on the site is a small, single-story brick structure. This building is the

former location of a pump house that contained a drinking water well and pump. According to

City officials the well has been plugged and capped.

3.5 Current Uses of Adjoining Properties

The property located directly north of the site (on the opposite side of East Ellen Street) is a

multi-suite office and commercial building currently occupied by two offices and a hair salon.

Living Hope Books and More, Homestead Resource Center, and Homeschooling Book Club

occupy the large structure directly east of the site. A city park, Fenton City Hall, and the Fenton

Police Department are directly south of the site, across the Shiawassee River. The Fenton Post

Office is southwest of the site, and the Fenton Community Center is northwest of the site.

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Several additional commercial properties are north and south of the site along South Leroy

Street, and residential areas are northeast, east and southeast of the site. Figure 2 is a 1999 aerial

photograph that shows the surrounding land uses.

4.0 USER PROVIDED INFORMATION

4.1 Title Records

A title search was not conducted for the subject site.

4.2 Environmental Liens or Activity and Use Limitations

There are no known environmental liens, environmental activities or environmental-related use

restrictions for the subject property.

4.3 Specialized Knowledge

A thorough inspection of the building for ACM was not conducted, however, asbestos was not

observed in the buildings during the site inspection.

4.4 Valuation Reduction for Environmental Issues

Not applicable.

4.5 Owner, Property Manager, and Occupant Information

The City of Fenton owns the site, and the building is currently vacant.

4.6 Reason for Performing Phase I

This Phase I EA has been performed to assess the potential environmental liability associated

with the property prior to the acquisition of the property by the City of Fenton DDA.

4.7 Other

Not applicable.

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5.0 RECORDS REVIEW

5.1 Standard and Supplemental Environmental Record Sources, Federal and State

As part of the record review, Strata accessed government information databases (through EDR)

for the purpose of generating environmental assessment reports, that identify pertinent

information used in the preparation of the EA. The EDR report is contained in Appendix B.

EDR updates the ASTM-suggested databases according to the standards set forth in the ASTM

Designation E 1527-00:7.1.7. This standard states: “Government information obtained from

non-governmental sources may be considered current, if the source updates the information at

least every 90 days, or for information that is updated less frequently than quarterly by the

government agency, within 90 days of the date the government agency makes the information

available to the public.”

As part of the EA, the following databases were accessed to identify sites within the specified

radius of the subject site.

Federal ASTM Standard

• United States Environmental Protection Agency (USEPA) National Priority List

(NPL): 1.0-mile radius

• Proposed USEPA National Priority List (NPL): 1.0-mile radius

• USEPA Comprehensive Environmental Response, Compensation and Liability

Information System (CERCLIS) list: 0.5-mile radius

• USEPA CERCLIS sites designated “ No Further Remedial Action Planned”

(NFRAP): Target Property

• USEPA Resource Conservation Recovery Act (RCRA) Corrective Action Reports

(CORRACTS): 1.0-mile radius

• USEPA RCRA Treatment, Storage or Disposal (TSD) Facilities List: 0.5-mile radius

• USEPA RCRA Large Quantity Generators (LQG) List: 0.25-mile radius

• USEPA RCRA Small Quantity Generators (SQG) List: 0.25-mile radius

• USEPA Emergency Response Notification System (ERNS) Listing: Target Property

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State ASTM Standard

• Michigan Natural Resource Environmental Protection Act (NREPA, Part 201, Act

451), State Hazardous Waste Site (SHWS): 1.0-mile radius

• State Landfill and/or Solid Waste Disposal Site List: 0.5-mile radius

• Leaking Underground Storage Tank (LUST) Sites: 0.5-mile radius

• Michigan Department of Environmental Quality (MDEQ) Waste and Hazardous

Materials Division (WHMD) Registered USTs: 0.25-mile radius

• Baseline Environmental Assessment (BEA) Database: 0.5-mile radius

Federal ASTM Supplemental

• USEPA NPL Consent Decrees: 1.0-mile radius

• National Technical Information System (NTIS) Records of Decision (ROD) of NPL

Sites: 1.0-mile radius

• USEPA NPL Deletions: 1.0-mile radius

• USEPA Facility Index System (FINDS): Target Property

• United States Department of Transportation (USDOT) Hazardous Materials Incident

Reporting System (HMIRS): Target Property

• Nuclear Regulatory Commission Material License Tracking System (MLTS): Target

Property

• Mines Master Index File: 0.25-mile radius

• USEPA NPL Liens: Target Property

• USEPA Polychlorinated biphenyl (PCB) Activity Database System (PADS): Target

Property

• UESPA RCRA Administrative Action Tracking System (RAATS): Target Property

• USEPA Toxic Chemical Release Inventory System (TRIS): Target Property

• USEPA Toxic Substances Control Act (TSCA) inventory list: Target Property

• Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA)/TSCA Tracking System

(FTTS): Target Property

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State or Local ASTM Supplemental

• MDEQ WHMD Aboveground Storage Tank (AST) List: Target Property

EDR Proprietary Historical Databases

• Former Manufactured Coal Gas Sites: 1.0-mile radius

Additional Environmental Sources

• Additional Environmental Sources: 1.0 mile radius

The EDR report (Appendix B) identified the subject site as two separate facilities: the Fenton

Fire Department and the Sunoco Service Station. The Fenton Fire Department was listed as a

former UST site and a LUST site, and the Sunoco Service Station was listed as a small quantity

generator (SQG) RCRIS site and listed in the facility index system (FINDS) database. EDR

inappropriately located the Sunoco Service Station in their report, which is actually

approximately 1.5 miles north of the site. Several nearby properties were identified within the

aforementioned databases, however, details pertaining to these facilities and their potential

impact to the subject site are provided in the following sections.

5.1.1 Federal ASTM Standard Records

5.1.1 (a) The National Priority List (NPL)/ Proposed NPL Database

The National Priority List (NPL) for the Comprehensive Environmental Compensation and

Liability Act of 1980 (CERCLA) and the Proposed NPL databases were reviewed for sites

within a 1.0-mile radius of the subject site. The NPL is a subset of the Comprehensive

Environmental Response, Compensation, and Liability Information System (CERCLIS) and

identifies over 1,200 sites for priority cleanup under the Superfund Program. Neither the subject

site, nor any site within the 1.0-mile search radius, is on the NPL or Proposed NPL.

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5.1.1 (b) Comprehensive Environmental Compensation and Liability Information System

(CERCLIS) Database

The CERCLIS database contains information on potentially hazardous waste sites that have been

reported to the USEPA by states, municipalities, private companies and private persons, pursuant

to the requirements of CERCLA. CERCLIS contains sites that are either proposed to be on, or

are on the NPL, and sites that are in screening and assessment phase for possible inclusion on the

NPL. The CERCLIS site listing was reviewed for sites within 0.5 miles of the subject site. No

CERCLA sites were identified within the 0.5-mile search radius.

5.1.1 (c) CERCLIS No Further Remedial Action Planned (NFRAP) Database

As of February 1995, CERCLIS sites designated as NFRAP have been removed from CERCLIS.

NFRAP sites may be sites where, following an initial investigation, no contamination was found,

or the contamination was removed quickly thereby avoiding inclusion on the NPL, or their was

minimal risk associated with any contamination found. Neither the subject site, nor any other

site within the applicable search radius, was identified on the NFRAP listing.

5.1.1 (d) RCRA Corrective Action Reports (CORRACTS) Database

CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Neither

the subject site, nor any site within the 1.0-mile search radius, is on the CORRACTS database.

5.1.1 (e) Resource Conservation and Recovery Information System (RCRIS) Treatment,

Storage and Disposal (TSD) Facilities Database

The RCRIS TSD facilities database includes specific information on sites that generate,

transport, store, treat, and/or dispose of hazardous wastes as defined by RCRA. Neither the

subject site, nor any site within the 1.0-mile search radius, is on the CORRACTS database.

5.1.1 (f) RCRIS Large Quantity Generator (LQG) and Small Quantity Generator (SQG)

Database

The RCRIS LQG and SQG database identifies sites that regularly generate specified volumes of

hazardous waste as defined by RCRA. Sites are reviewed within a 0.25-mile radius of the

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subject site. Two LQGs (U.S.-23 over the Shiawassee River, and U.S.-23 under Business Route

23) were identified in the EDR report as orphan sites, however, Strata identified the locations of

these listed facilities and believes they are at sufficient distances to not pose a risk of

environmental contamination to the subject site.

Four facilities within a 0.25-mile radius of the subject site were listed as SQG sites: Vek’s Auto

Service Inc., Action Auto, Arbor Drugs and Dixie Cleaners. Strata identified the locations of

these listed facilities and, with the exception of Veks Auto Service, believes that they are at

sufficient distances to not pose a risk of environmental contamination to the subject site. Further

information and the potential risk associated with the Vek’s Auto Service facility is presented

Section 5.1.2(c).

5.1.1 (g) Environmental Response Notification System (ERNS) Database

The ERNS database records and stores information on reported releases of oil and hazardous

substances. The subject site is not identified in the ERNS database.

5.1.2. State ASTM Standard Records

5.1.2 (a) Michigan Natural Resources Environmental Protection Act (NREPA), Part 201,

Act 451 Database or SHWS

Michigan NREPA sites are sites of environmental contamination as defined in section 20101(1)

(i), Part 201 of Act 451 (as amended). Sites identified under Part 201 are the State of Michigan’s

equivalent to USEPA’s CERCLIS sites. One facility within a one-mile radius of the subject site,

Newcor, Inc., was listed as a State Hazardous Waste Site (SHWS). Strata identified the location

of this facility and does not believe that it poses a risk of environmental contamination to the

subject site.

5.1.2 (b) State Landfill and Solid Waste Disposal Site Database

This database contains an inventory of solid waste disposal facilities or landfills in a state.

Depending upon the state, these may be active or inactive facilities or open dumps that failed to

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meet RCRA Subtitle D criteria for solid waste landfills or disposal sites. There were no disposal

sites identified within the required 0.5-mile search radius from the subject site.

5.1.2 (c) Leaking Underground Storage Tank (LUST) Database

The LUST database identifies sites in which there has been a petroleum release from a regulated

underground storage tank (UST). The subject site and six additional properties within the

required 0.5-mile search distance were identified as LUST sites in the EDR report. Strata

identified the locations of the six LUST facilities and believes that four of the facilities (Former

Action Auto #7, Clark Store #824, Department of Public Works, and Total Station #2023) are at

distances that do not pose a risk of environmental contamination to the subject site. Strata,

however, reviewed Michigan Department of Environmental Quality (MDEQ) files for the two

LUST facilities nearest the subject site: Vek’s Auto Service and the Proposed Fenton Fire

Station sites. Details pertaining to the LUST investigations at the subject site, Veks Auto

Service and the Proposed Fenton Fire Station facilities, and their potential impact to the subject

site, are provided below.

• Fenton Fire Department (Subject Site):

The subject site at 201 South Leroy Street was listed as a LUST and UST facility in the EDR

report. A release from a 1,000-gallon gasoline UST was discovered in August 1999 after

receiving analytical results from soil samples collected from the base and sidewalls of the

excavation resulting from the tank removal. Verification soil samples collected from three of

the four sidewalls of the excavation contained BTEX compounds (benzene, toluene,

ethylbenzene, xylenes, MTBE, 1,2,4-trimethylbenzene, 1,3,5-trimethylbenzene, napthalene

and 2-methylnapthalene) at concentrations exceeding method detection limits, however, no

samples exceeded the Tier 1 Residential Risk-Based Screening Levels established by the

MDEQ. Soil samples collected from the floor of the excavation, the former pump island, and

along the route of the UST system piping tract did not contain contaminants at concentrations

exceeding method detection limits.

Groundwater was not encountered in the sandy soils beneath the site within eight feet of the

ground surface, and no monitoring wells were installed on the site to assess the potential for

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groundwater impact resulting from the gasoline release. Since ground water was not

encountered during the tank removal activities, Service Environmental Engineering, Inc.

concluded that no groundwater impact occurred due to the release. Upon receiving the

analytical results form the soil samples collected from the UST excavation, Service

Environmental Engineering, Inc. submitted a closure report to the MDEQ. The LUST

investigation was closed by the MDEQ, and the corrective actions at the site resulted in an

unrestricted residential use of the site based on a Tier 1 evaluation in October 2000. A copy

of the Service Environmental Engineering, Inc. LUST Closure Report is included in

Appendix G.

• Veks Auto Service, Inc (320 South Leroy Street):

The Vek’s Auto Service facility is located at the northwest corner of the South Leroy Street

and Shiawassee Street, approximately 500 feet south of the subject site. This facility was

listed in the RCRIS-SQG, LUST and UST databases in the EDR report. Strata reviewed the

MDEQ LUST files for information pertaining to the release associated with this facility.

According to the file information, a gasoline release was discovered during the removal of

six USTs on the property. During the UST removal, impacted soils surrounding the tank

basins were excavated and disposed at a Type II landfill.

In an effort to characterize the contamination resulting from the UST release, and to

delineate the horizontal and vertical extents of soil and ground-water contamination,

Advanced Environmental, Inc. drilled several soil borings and installed numerous monitoring

wells on the property, within public right-of ways, and on adjacent properties. Soil and

ground-water contamination resulting from the release at this facility was found to have

extended east and southeast of the property beneath South Leroy and Shiawassee Streets.

Soil and ground-water contamination was also discovered on the western portions of the

properties directly east of the Vek’s Auto Service facility. Advanced Environmental’s

evaluation of the potentiometric surface at the facility indicated that the impacted shallow

ground water flowed east-northeast across South Leroy Street. In February 1995, a ground-

water pump-and-treat system was constructed to remediate the contaminated ground water,

and a soil vapor extraction system was constructed to assist in remediating the impacted soils

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beneath the facility. Global Environmental Engineering Inc. was retained by Vek’s Auto

Service to monitor the progress of the remediation system and planned to submit a closure

report when the cleanup goals had been established. No information dated later than

September 1996 was present in the file. Based on the distance from the subject site, the

location of the site being across the Shiawassee River, and the horizontal and vertical extents

of contamination at the facility, Strata does not believe that this facility poses a risk of

impacting the subject site. Copies of figures and other pertinent information contained in the

MDEQ’s LUST file for this facility is included in Appendix G.

• Proposed Fenton Fire Station (205 East Caroline Street):

This site is located at the northwest corner of the East Caroline Street and Walnut Street

intersection, approximately 600 feet northeast of the subject site. This facility was listed as a

LUST and UST site in the EDR report. Strata reviewed the MDEQ LUST file for

information pertaining to the release associated with this facility. According to the file

information, a 500-gallon gasoline UST was discovered during foundation and building pad

excavation activities during the construction of the new Fenton Fire Station. Visibly

impacted soils surrounding the UST were excavated and removed from the property, and CTI

and Associates, Inc. collected two soil samples from the base of the excavation. Analytical

results indicated that the two soil samples did not contain contaminants at concentrations

exceeding method detection limits. To this date, a comprehensive investigation of the impact

due to the gasoline release at this facility has not been conducted. Based on the distance

from the subject site, Strata believes that it is unlikely that contamination originating at the

Proposed Fenton Fire Station facility has impacted or will impact the subject site in the

future. Copies of figures and other pertinent information contained in the MDEQ’s LUST

file for this facility is included in Appendix G.

5.1.2 (d) MDEQ Storage Tank Division Registered USTs Database

Registered USTs are regulated under Subtitle I of RCRA and must be registered with the state

department responsible for administering the UST program. The MDEQ Waste and Hazardous

Materials Division (WHMD) registered UST database was reviewed for sites within a 0.25-mile

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radius of the subject site. The subject site and six additional properties, including the Vek’s

Auto Service and proposed Fenton Fire Station facilities, were listed as UST sites in the EDR

report. Strata identified the locations of the four remaining facilities (Expanded Plastics, Former

Action Auto #7, City of Fenton, and Auto City Service), and believes that they are at distances

that do not pose a risk of environmental contamination to the subject site. The potential impacts

of the Vek’s Auto Service and proposed Fenton Fire Station are discussed in the previous

section.

5.1.2 (e) Baseline Environmental Assessment (BEA) Database

The BEA process is authorized under the provisions of Section 26, Part 201, Act 451 (as

amended) and the rules promulgated therefrom. This process provides certain liability

protections to a person who becomes an owner/operator of a “facility” on or after June 5, 1995,

if, among other things, that person conducts a BEA. A “facility” is defined as legal parcel that

contains hazardous substances in the soil and/or ground water at concentrations that exceed

Generic Residential Cleanup Criteria (GRCC). Six facilities were listed as BEA sites (207 &

618 East Silver Lake Road, 206 Main Street, 308 North Leroy Street, 316 Lincoln Street, and the

northeast corner of Fenton Road and Atherton Road) in the EDR report, however, Strata

identified the locations of the facilities and believes that they are at distances that do not pose a

risk of environmental contamination to the subject site.

5.1.3. Federal ASTM Supplemental Records

5.1.3 (a) Superfund (CERCLA) Consent Decrees Database

These are sites where there have been major legal settlements establishing responsibility and

cleanup standards for NPL sites. The ASTM required search radius for this database is 1 mile

from the subject site. As previously stated, no existing or proposed NPL sites were identified

within 1 mile of the subject site, consequently, no sites were identified in this database.

5.1.3 (b) Records of Decision (ROD) Database

ROD documents mandate a permanent remedy at an NPL site containing technical and health

information to aid in the cleanup. The ASTM required search radius for this database is 1 mile

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from the subject site. As previously stated, no existing or proposed NPL sites were identified

within 1 mile of the subject site, consequently, no sites were identified in this database.

5.1.3 (c) NPL De-listing Database

The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) established the

criteria that the USEPA uses to delete (de-list) sites from the NPL. Sites may be removed from

the NPL where no further response in appropriate. The ASTM required search radius for this

database is one mile from the subject site. No de-listed NPL sites were identified within the

required search radius.

5.1.3(d) Facility Index System/Facility Identification Initiative Program Summary Report

(FINDS) Database

The FINDS is an expansion of a facility database that contains both facility information and

“pointers” to other informational sources that contain greater detail. The subject site is not

identified in the FINDS database.

5.1.3 (e) Hazardous Materials Information Reporting System (HMIRS) Database

The HMRIS database contains information pertaining to hazardous material spill incidents

reported to U.S. Department of Transportation. The subject site is not identified in the HMIRS

database.

5.1.3 (f) Material License Tracking System (MLTS) Database

The MLTS is maintained by the Nuclear Regulatory Commission (NRC) and contains a list of

approximately 8,100 sites, which process or use radioactive materials that are subject to NRC

licensing. The subject site is not identified in the MLTS database.

5.1.3 (g) Mines Master Index File (MINES) Database

The MINES database is a list of all active and closed mines within the state. This database

primarily includes personnel data and information regarding the materials that were mined, but

does not include environmental issues related to mine operations. The ASTM required search

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radius for this database is 0.25 miles from the subject site. There were no sites within the

required search radius identified in the MINES database.

5.1.3 (h) NPL Liens Database

This database contains sites where, under CERCLA, USEPA has the authority to file liens

against real property in order to recover remedial action expenditures or when the property

owner receives notification of potential liability. The subject site is not identified in this

database.

5.1.3 (i) PCB Activity Database System (PADS)

PAD identifies generators, transporters, brokers, and commercial operations that store and/or

dispose of PCBs, who are required to notify the USEPA of such activities. The subject site is not

identified in the PADS database.

5.1.3 (j) RCRA Administrative Action Tracking System (RAATS) Database

RAATS contains records based on enforcement actions issued under RCRA pertaining to major

violators and includes administrative and civil actions brought by USEPA. For administrative

actions after September 30, 1995, data entry in the RAATS database was discontinued. The

subject site is not identified in the RAATS database.

5.1.3 (k) Toxic Chemical Release Inventory System (TRIS) Database

TRIS identifies facilities that release toxic chemicals to air, water and land in reportable

quantities under SARA Title III. The subject site is not identified in the TRIS database.

5.1.3 (l) Toxic Substance Control Act (TSCA) Database

TSCA identifies manufacturers and importers of chemical substances included on the TSCA

Chemical Substance Inventory list, which includes data regarding production volume by

production site. The subject site is not identified in the TSCA database.

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5.1.3 (m) Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA)/TSCA Tracking

System (FTTS) Database

FTTS tracks administrative cases and pesticide enforcement actions and compliance activities

related to FIFRA. The subject site is not identified in the FTTS database.

5.1.4. State or Local ASTM Supplemental Records

5.1.4 (a) MDEQ WHMD Above Ground Storage Tank (AST) Database

MDEQ WHMD maintains a database for sites that have registered ASTs. The subject site is not

identified in the AST database.

5.1.5. EDR Proprietary Historical Databases

5.15 (a) Former Manufactured Coal Gas Site Database

Manufactured coal gas sites use a process of coal gasification to separate out different chemical

phases within the coal. A byproduct from this process is called “coal tar”. This process depends

on high temperature to alter the parent-state of coal. The ASTM required search radius for this

database is 1 mile from the subject site. The database did not contain any former manufactured

coal gas sites within this search radius.

5.1.6. Additional Environmental Sources

Additional databases were researched by EDR for sites within a 1-mile radius of the subject site.

Pertinent information identified in the database search is presented in the following subsections.

5.1.6 (a) Federal Public Water Supply (PWS) System Information

One federal public water supply well system was identified in the database within a 1-mile

radius of the subject site. This water supply system, which is approximately one-quarter mile

north of the subject site, is used to supply the Fenton Heights Apartments at 12911 Fenton

Heights Boulevard.

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5.1.6 (b) State Database Well Information

The EDR report indicates that numerous water supply wells are located within 1 mile of the

subject site. The EDR report contains a map showing locations of these well sites and separate

descriptions for each of these sites.

5.1.6 (c) State of Michigan Oil/Gas Well Information

No oil or gas drilling sites were identified within a 1-mile radius of the subject site

5.2 Physical Setting Sources

The subject site is located in a relatively flat lying area within the City/Village of Fenton,

approximately 1.5 miles east of US-23. The surrounding area consists of primarily commercial

and residential properties. The Fenton, Michigan Quadrangle, USGS 7.5 Minute Topographic

Map shows the subject site to be at an approximate elevation of 900 feet. The Shiawassee River

is located along the southern property line, and Mill Pond is southeast of the site.

The “Quaternary Geology of Southern Michigan” map (Ferrand and Bell, et al., 1984) indicates

that the surficial deposits beneath the subject site consist of glacial outwash sand and gravel and

postglacial alluvium. These outwash deposits consist of fine to coarse sand alternating with

layers of small gravel to heavy cobbles. These deposits typically occur as fluvial terraces along

present and abandoned drainageways, as fans and sheets flanking end moraines, and as deltas

along glacial lake margins (Ferrand and Bell, et al., 1984). Area water well records indicate that

the unconsolidated glacial deposits in the area of the subject site are typically over 100 feet thick and

rest on sandstone and shale bedrock deposits.

5.3 Historical Use Information on the Property

The historical use evaluation completed for the subject site consisted of reviewing aerial

photographs, city directory listings, and Sanborn® maps obtained through EDR.

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Aerial Photographs

EDR provided aerial photographs of the subject site for the years 1997, 1982, 1964, 1972, and

1950 (Appendix C). The photograph from 1997 shows the subject site and surrounding areas to

be similar to the current configuration. The commercial development along South Leroy Street

and the areas directly north, northwest, and south of the site is apparent. Residential areas are

northeast, southeast, and southwest of the site.

The conditions on the site and in the surrounding areas in the 1982 photograph are similar to

those observed in 1997, however, the building directly east of the site is significantly smaller.

The conditions on the site and in the surrounding areas in the 1972 photograph are similar to

those observed in 1982, except the commercial development north of the site is not as

widespread.

The conditions on the site and in the surrounding areas in the 1964 photograph are similar to

those observed in 1972.

The conditions on the site and in the surrounding areas in the 1950 photograph are similar to

those observed in 1964, however, commercial development appears to be limited to the

properties along South Leroy Street, and the areas south of the site are predominantly residential.

City Directories

EDR performed a city directory search for the subject site that dates back to 1958. The results of

this search are included as Appendix D. Review of the city directory listings indicates that the

Village offices/City Hall was located on the site from at least 1958 until the mid-1960s when the

Fenton Village Police and Fire Departments and the State Bureau of Motor Vehicles began to

occupy the site. Fenton Fire Department, the State Bureau of Motor Vehicles, and the Urban

Renewal office was listed in the 1970 directory. The 1974 directory listed both the Fenton Fire

Department, and a Housing Inspection office, however, only the Fenton City Fire Department

was listed in the directories until 2001.

Historical Sanborn® Fire Insurance Maps

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EDR provided Strata with copies of historic Sanborn® fire insurance maps from the years 1953,

1943, 1923, 1908, 1901, 1895, 1890 and 1884. Portions of the maps containing the site were

scanned and are included in Appendix E. The 1953 Sanborn® map shows the police and fire

departments on the site, as well as the Village offices. Two water tanks are depicted near the

southern corner of the building on the site. A note on the map indicates that the tanks were only

used for emergency purposes. A gasoline filling station containing three underground storage tanks

is directly north of the site at the northeast corner of East Ellen Street and South Leroy Street, and an

industrial machine tool factory is directly west of the site. A gasoline station containing three

underground storage tanks occupies the property currently occupied by Vek’s Auto Service. A

water works facility containing at least four water wells is directly south of the site across the

Shiawassee River.

The conditions on the site and in the surrounding area in the 1943 Sanborn® map are similar to those

observed in the 1953 map.

The 1923 Sanborn® map depicts the site as the “Old Water Works” facility, however, a note on the

map indicates that the facility was only used for emergency purposes. Fenton Machine Tool & Die

Company occupied the property directly west of the site, and the property currently occupied by

Vek’s Auto Service. The property directly north of the site still contained a gasoline station.

Significant changes in the conditions on the site were apparent on the 1908 Sanborn® map. Fenton

Water Works was present in the location of the current structure on the site, however, a large

building occupied by the Fenton Light & Power Company was present along the eastern boundary

of the site. The property directly north of the site was not occupied by a gasoline station, but rather

by a steam laundry facility, and a photograph shop. H.F. Bush Flour Mill was directly south of the

site across the Shiawassee River, and a vacant building was west of the site.

The conditions on the site and in the surrounding areas in the 1901 Sanborn® map were similar to

those observed in the 1908 map, however, the property directly south of the site was occupied by the

Fenton Milling company. The property southwest of the site from Mill street north to the

Shiawassee River contained The A.J. Phillips & Company-Manufacturer’s of Wire Screens &

Specialties, a large factory.

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The conditions on the site and in the surrounding areas in the 1895 Sanborn® map are similar to

those observed in the 1901 map, however, the structures north of the site across East Ellen Street

were not depicted on the diagram.

The conditions on the site and in the surrounding areas in the 1890 Sanborn® map are similar to

those observed in the 1895 map, however, the building on the eastern portion of the site contained

the Cook Bothers Apple Evaporating Works facility.

The conditions on the site and in the surrounding areas in the 1884 Sanborn® map are similar to

those observed in the 1895 map, however, the Fenton Water Works building was not present.

5.4 County Health Department Records

Strata contacted the Environmental Health Division of the Genesee County Health Department

to discover whether the Department had any records of well logs, septic permits or evidence of

contamination on the site. Mr. Dan Harrell responded to Strata’s request and provided a copy of

an underground storage tank listing from 1996 that listed the subject site as containing a UST.

The Department did not have any other records on file for the site.

6.0 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS

6.1 Methodology and Limiting Conditions

The site walkover was conducted on June 10, 2003. The walkover consisted of traversing

around the outside of the buildings and across the entire site looking for signs of stressed

vegetation, oil stains, or other visual signs that would indicate potential environmental concern.

The interior of the building was also inspected to assess potential sources of contamination. Site

photographs are included as Appendix E.

6.2 General Site Setting

The site is located in a mixed commercial and residential area at the intersection of South Leroy

Street and East Ellen Street. The Shiawassee River is present along the southern boundary of the

site.

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6.3 Exterior Observations

The main building on the site occupies the northwest corner of the subject site. This building is

a two-story, brick structure built in 1938 for the use as a fire station. The building does not have

a basement. Four overhead garage doors are on the north side of the building (upper level), and

three overhead garage doors are on the south side of the building (lower level). The second

structure on the site is a small, single-story brick structure. This building is the former location

of a pump house that contained a drinking water well and pump. Grassy landscaped areas are

along the eastern and southern property boundaries, and playground equipment is south of the

pump house at the southeastern corner of the site. A gravel parking area is directly south of the

main building, and the Shiawassee River is along the southern property boundary. The

Shiawassee River is dammed directly south of the southeaster corner of the site. Staining of soil

or stressed vegetation were not observed at the subject site. Several of the photographs in

Appendix F show the exterior portions of the site.

6.4 Interior Observations

The eastern portion of the upper-level of the main building contains the garage area used to store

the former Fire Department vehicles. Four overhead garage doors are present on this level of the

building, which faces the South Leroy Street and East Ellen Street intersection. Several rooms

are also present on this floor which were used as offices, living quarters, and a bathroom for Fire

Department personnel. The lower-level of the building, which faces the Shiawassee River, also

contained a garage area on the eastern side of the building. Three overhead garage doors, several

storage rooms and a mechanical room are present on this level of the building. The building is

currently vacant, however, did contain a small amount of scattered furniture and old Fire

Department implements. Strata did not observe any evidence of hazardous material use,

handling, an/or storage inside the main building. Strata observed several floor drains inside the

structure, that lead to the municipal sanitary sewer system. The concrete floor on both levels of

the building was dry and clean during the site inspection.

The second building (pump house) on the site is also constructed with brick and contains a

concrete floor. This building was formerly used to protect a municipal drinking water well,

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pump and associated meters. The floor of the structure was wet at the time of the site inspection,

and the wood roof of the structure was in poor condition. Strata did not observe evidence of

hazardous material use, handling and/or storage inside the structure. Photographs showing the

interior areas of the two buildings on the site are included in Appendix F.

7.0 INTERVIEWS

7.1 Interview with Owner

The owners of the subject site were not interviewed as part of this investigation.

7.2 Interview with Site Manager (Fire Chief Dennis Smith)

Mr. Dennis Smith, the Fenton Fire Chief, provided a tour of the subject site and explained the

general site activities. Mr. Smith answered all questions presented to him and informed Strata

that no hazardous material use, handling, and/or storage occurred on the site since he has been

with the Department. Mr. Smith also informed Strata that, with the exception of the former UST

on the site, he was unaware of any environmental issues pertaining to the site. Mr. Smith

informed Strata that he had no knowledge pertaining to the former uses or occupants of the site,

however, he said that Mr. Les Bland from the Fenton Department of Public Works may know a

little bit about the history of the site.

7.3 Interviews with Occupants

The building on the site is currently vacant, thus no occupants were interviewed.

7.4 Interviews with Local Government Officials (Mr. Les Bland)

Strata interviewed Mr. Les Bland of the Fenton Department of Public Works as part of this

investigation. Mr. Bland informed Strata that site was formerly used by the Fenton Water

Works. He informed Strata that a 250,000-gallon underground water holding tank is present

near the southeastern corner of the site under the gazebo. Mr. Bland, however, was unaware of

any former structures on the site, and unaware of the type of activities occurring at the Cook

Brothers Apple Evaporating Works and the Fenton Light and Power Company facilities.

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7.5 Interviews with Others

Not applicable.

8.0 FINDINGS

The following conclusions are presented based on the results of the Phase I Environmental

Assessment of the property located at 201 South Leroy Street, Fenton, Michigan.

♦ A gasoline release was discovered during the removal of a 1,000-gallon gasoline UST on the

site. The release was discovered in 1999 after receiving analytical results from soil samples

collected from the base and sidewalls of the tank excavation. Three of the eight verification

soil samples collected from base and sidewalls of the excavation, and the former pump island

and piping tract locations contained BTEX compounds at concentrations exceeding method

detection limits, however, no samples exceeded the most restrictive Tier 1 Residential Risk-

Based Screening Levels established by the MDEQ. Upon receiving the analytical results

from the soil samples collected from the UST excavation, Service Environmental

Engineering, Inc. submitted a closure report to the MDEQ without evaluating to the potential

impact to the groundwater beneath the site. The LUST investigation was closed by the

MDEQ, and the corrective actions at the site resulted in an unrestricted residential use of the

site based on a Tier 1 evaluation in October 2000.

♦ The site has historically contained the Cook Brothers Apple Evaporating Works, Fenton

Water Works, and the Fenton Light and Power Company. Strata was unable to locate

information pertaining to these companies, and is unaware of potentially contaminating

activities that may have occurred as a part of their operations.

♦ With the exception of the knowledge of the former leaking underground storage tank, there

was no evidence observed during the site walkover that the recent operations have caused

any significant impact to the subject site. Most of the site operations were related to office

activities and Police and Fire Equipment storage. Outdoor activities associated with the site

generally included vehicle/implement access and parking. During the site inspection, Strata

noted that the facility employed “good housekeeping” practices in its operation.

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♦ Historical Sanborn® maps indicated that a gasoline filling station containing USTs was

directly north of the site from at least 1923 until 1953. Strata found no evidence pertaining

to whether these tanks had ever been reported as leaking USTs, or whether they have been

removed from the property.

♦ The properties directly west and southwest of the site were occupied by industrial-

manufacturing facilities such as the Fenton Machine Tool & Die Company, and A.J. Phillips

Company for nearly 100 years.

♦ Two nearby properties identified as LUST sites in the EDR report, Vek’s Auto Service

(former gasoline station and a shop for used by the Fenton Machine Tool & Die Company)

and the proposed Fenton Fire Station property, have the potential to impact the subject site.

Review of data available from federal or state databases for the surrounding sites within

ASTM recommended search radii did not reveal any additional sites that may have had an

adverse environmental impact on the subject site.

9.0 OPINION

Based on the hydrogeological characteristics in the area of the subject site and the potential

contaminants that may be present, Strata evaluated the potential risk associated with the potential

environmental concerns identified in Section 8.0. Strata’s opinions regarding each potential

concern are presented below.

♦ As stated in Section 8.0, the LUST investigation at the site was closed by the MDEQ, and the

corrective actions resulted in an unrestricted residential use of the site based on a Tier 1

evaluation in October 2000. Although the LUST investigation was closed, Strata believes

that the lack of ground-water quality data collected from beneath the site may represent a

potential concern, however, ground water in the area is not used.

♦ Strata was unable to locate specific information pertaining to daily operations at the facilities

that occupied the site from at least the 1880s until the 1930s when the Fenton Fire

Department began to occupy the site. Strata believes that hazardous materials may have

been used on the property when it was used as a waterworks, electric and power works, and

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apple evaporating works facility. These potential hazardous materials may have impacted

the environmental conditions of the soil and/or groundwater beneath the site.

♦ With the exception former leaking underground storage tank, Strata does not believe that the

recent operations have caused any significant impact to the subject site.

♦ Strata believes that the historical uses of the properties directly north, west, and southwest of

the site, as described in the previous section, represent a potential environmental risk to the

site. Section 20126 (4)(c) of Michigan’s Natural Resources and Environmental Protection

Act (Act 451 of 1994, as amended) states that, “[t]he owner or operator of property onto

which contamination has migrated [is not liable] unless that person is responsible for an

activity causing the release that is the source of the contamination.” Strata, therefore, does

not believe that the Fenton DDA will assume the liability associated with contamination

migrating from the nearby properties of concern described above. Strata, however, does

believe that the potential migration of contaminants from off-site sources should be

addressed if the planned development of the site involves excavation activities that will

encounter ground water, or the use of ground-water resources beneath the site (which is not

likely).

♦ Strata identified two nearby properties in the EDR report, Vek’s Auto Service and the

proposed Fenton Fire Station, that had the potential to impact the subject site. Strata,

however, believes that based on the information regarding these facilities obtained from the

MDEQ, and their distance from the site, that it is unlikely that the site has been impacted or

will be impacted by these facilities in the future. As stated above, Strata does not believe

that the Fenton DDA will assume the liability associated with contamination migrating from

off-site properties.

10.0 CONCLUSIONS

Research conducted as part of this Phase 1 EA revealed that insufficient data might exist

pertaining to the potential groundwater impact due to the former leaking underground storage

tank on the site. In addition, the historic uses of the site present a potential risk of soil and/or

groundwater contamination. Strata also believes that the historic uses of the properties directly

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north, west and southwest of the site may have impacted the environmental conditions of the site.

Strata, however, does not believe that the Fenton DDA will assume the liability associated with

contamination migrating from off-site sources.

11.0 DEVIATIONS

Strata did not conduct interviews with local governmental officials for this investigation. MDEQ

files were not reviewed to obtain the current status of certain sites that could have the potential to

adversely impact the subject site.

12.0 SIGNATURE OF ENVIRONMENTAL PROFESSIONALS

___________________________ _____________________

Jason T. Armstrong Date

13.0 QUALIFICATION(S) OF ENVIRONMENTAL PROFESSIONAL(S)

Resumes of the environmental professionals are included as Appendix H.