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DECISION DOCUMENT

300 Ohio Street Site Brownfield Cleanup Program

Buffalo, Erie County Site No. C915257

March 2014

Prepared by Division of Environmental Remediation

New York State Department of Environmental Conservation

DECISION DOCUMENT March 2014 300 Ohio Street Site, Site No. C915257 Page 1

DECLARATION STATEMENT - DECISION DOCUMENT

300 Ohio Street Site Brownfield Cleanup Program

Buffalo, Erie County Site No. C915257

March 2014

Statement of Purpose and Basis This document presents the remedy for the 300 Ohio Street Site, a brownfield cleanup site. The remedial program was chosen in accordance with the New York State Environmental Conservation Law and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 375. This decision is based on the Administrative Record of the New York State Department of Environmental Conservation (the Department) for the 300 Ohio Street Site and the public's input to the proposed remedy presented by the Department. Description of Selected Remedy The elements of the selected remedy are as follows: 1. Remedial Design A remedial design program will be implemented to provide the details necessary for the construction, operation, optimization, maintenance, and monitoring of the remedial program. Green remediation principles and techniques will be implemented to the extent feasible in the design, implementation, and site management of the remedy as per DER-31. The major green remediation components are as follows: • Considering the environmental impacts of treatment technologies and remedy stewardship over the long term; • Reducing direct and indirect greenhouse gases and other emissions; • Increasing energy efficiency and minimizing use of non-renewable energy; • Conserving and efficiently managing resources and materials; • Reducing waste, increasing recycling and increasing reuse of materials which would otherwise be considered a waste; • Maximizing habitat value and creating habitat when possible; • Fostering green and healthy communities and working landscapes which balance ecological, economic and social goals; and • Integrating the remedy with the end use where possible and encouraging green and sustainable re-development. 2. Excavation


Excavation and off-site disposal of contaminant source areas of concern (Figure 5) including: • grossly contaminated soil, as defined in 6 NYCRR Part 375-1.2(u); • contaminated soil in locations denoted as SS-10, TP-13 and MW-1 will be excavated to attain Total PAH value of 500 ppm, Lead of 1000 ppm, and Arsenic of 16 ppm; • soils that create a nuisance condition, as defined in Commissioner Policy CP-51 Section G; • underground storage tanks (Figure 3) including petroleum impacted soils, vent/fill lines, pumps and infrastructure, materials from the demolition of existing structures; and • once demolition is complete, further investigation is required to refine the nature and extent of contamination in areas where access was previously hindered (e.g. under Buildings 1, 2, and 3). Approximately 12,670 cubic yards of soil will be removed from the site for disposal at an off-site permitted facility. All excavations will include confirmation sampling. Clean fill meeting the requirements of 6 NYCRR Part 375-6.7(d) will be brought in to replace the excavated soil or complete the backfilling of excavations and establish the designed grades at the site below the cover system described in paragraph 3 below. 3. Cover System A site cover will be required to allow for commercial use of the site. The cover will consist either of the structures, such as buildings, pavement, and sidewalks comprising the site development, or a soil cover in areas where the upper one foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where the soil cover is required, it will be a minimum of one foot of soil meeting the SCOs for cover material as set forth in 6 NYCRR Part 375-6.7(d) for commercial use. The soil cover will be placed over a demarcation layer. Any fill material brought to the site will meet the requirements for the identified site use as set forth in 6 NYCRR Part 375-6.7(d). 4. Institutional Control Imposition of an institutional control in the form of an environmental easement for the controlled property that: • requires the remedial party or site owner to complete and submit to the Department a periodic certification of institutional and engineering controls in accordance with Part 375-1.8 (h)(3); • allows the use and development of the controlled property for commercial and industrial use as defined by Part 375-1.8(g), although land use is subject to local zoning laws; • restricts the use of groundwater as a source of potable or process water, without necessary water quality treatment as determined by the NYSDOH or County DOH; and • requires compliance with the Department approved Site Management Plan. 5. Site Management Plan A Site Management Plan is required, which includes the following:


a. An Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media-specific requirements necessary to ensure the following institutional and/or engineering controls remain in place and effective: • Institutional Controls: The Environmental Easement discussed in Paragraph 4 above; and • Engineering Controls: The soil cover discussed in Paragraph 3 above. This plan includes, but may not be limited to: • an Excavation Plan which details the provisions for management of future excavations in areas of remaining contamination; • descriptions of the provisions of the environmental easement including any land use, and groundwater use restrictions; • a provision for evaluation of the potential for soil vapor intrusion should any of the on-site building(s) become occupied and for any buildings developed on the site, including provision for implementing actions recommended to address exposures related to soil vapor intrusion; • provisions for the management and inspection of the identified engineering controls; • maintaining site access controls and Department notification; and • the steps necessary for the periodic reviews and certification of the institutional and/or engineering controls. b. A Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: • monitoring of groundwater to assess the performance and effectiveness of the remedy; • a schedule of monitoring and frequency of submittals to the Department; and • monitoring for vapor intrusion for any buildings re-occupied or developed on the site, as may be required by the Institutional and Engineering Control Plan discussed above. Declaration The remedy conforms with promulgated standards and criteria that are directly applicable, or that are relevant and appropriate and takes into consideration Department guidance, as appropriate. The remedy is protective of public health and the environment. ____________________________________ ____________________________________ Date Michael Cruden, Director Remedial Bureau E


DECISION DOCUMENT

300 Ohio Street Site Buffalo, Erie County

Site No. C915257 March 2014

SECTION 1: SUMMARY AND PURPOSE The New York State Department of Environmental Conservation (the Department), in consultation with the New York State Department of Health (NYSDOH), has selected a remedy for the above referenced site. The disposal of contaminants at the site has resulted in threats to public health and the environment that would be addressed by the remedy. The disposal or release of contaminants at this site, as more fully described in this document, has contaminated various environmental media. Contaminants include hazardous waste and/or petroleum. The New York State Brownfield Cleanup Program (BCP) is a voluntary program. The goal of the BCP is to enhance private-sector cleanups of brownfields and to reduce development pressure on "greenfields." A brownfield site is real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant. The Department has issued this document in accordance with the requirements of New York State Environmental Conservation Law and 6 NYCRR Part 375. This document is a summary of the information that can be found in the site-related reports and documents. SECTION 2: CITIZEN PARTICIPATION The Department seeks input from the community on all remedies. A public comment period was held, during which the public was encouraged to submit comment on the proposed remedy. All comments on the remedy received during the comment period were considered by the Department in selecting a remedy for the site. Site-related reports and documents were made available for review by the public at the following document repositories: Buffalo and Erie County Public Library Attn: Mary Jean Jakubowski 1 Lafayette Square Buffalo, NY 14203 Phone: 716-858-8900 NYSDEC Attn: Anthony Lopes, P.E. 270 Michigan Ave Buffalo, NY 14203


Phone: 716-851-7220 Receive Site Citizen Participation Information By Email Please note that the Department's Division of Environmental Remediation (DER) is "going paperless" relative to citizen participation information. The ultimate goal is to distribute citizen participation information about contaminated sites electronically by way of county email listservs. Information will be distributed for all sites that are being investigated and cleaned up in a particular county under the State Superfund Program, Environmental Restoration Program, Brownfield Cleanup Program, Voluntary Cleanup Program, and Resource Conservation and Recovery Act Program. We encourage the public to sign up for one or more county listservs at http://www.dec.ny.gov/chemical/61092.html SECTION 3: SITE DESCRIPTION AND HISTORY Location: The 300 Ohio Street site is located in an urban/industrial area and consists of eleven (11) adjoining tax parcels at the corner of Ohio Street and Chicago Street in the City of Buffalo. The Buffalo River is to the west across Chicago Street, and the City of Buffalo Conway Park is to the east. Site Features: The main site features include an inactive truck terminal, restaurant/office building, five pump islands with product dispensers, and three (3) abandoned buildings. A majority of the site is paved. Grass covered areas are present in the northwest quadrant of the site. Current Zoning and Land Use: The site is currently inactive, and is zoned for commercial use. The surrounding parcels are currently used for a combination of commercial, industrial, residential, railroad right-of-way, vacant parcels, and parkland. The nearest residential development is less than 0.2 miles to the east and southwest, and less than 0.4 miles to the north. Past Use of the Site: Until the late 1990s a portion of the site were used as an auto/truck gas and service station, dating back to 1925. The two buildings on the northern portion of the site along Chicago and Mackinaw Street (E&B Machinery and Central Manufacturing) operated as a machine shop, trucking terminal and coffin and cooperage manufacturing operations. Prior uses that appear to have led to site contamination are associated with the gas and service station operations, including the use of up to fifteen (15) underground storage tanks (USTs), one above ground storage tank (AST), and the use of solvents and oils during auto/truck repair activities. A 2010 Limited Phase II Site Assessment revealed evidence of significant subsurface petroleum contamination related to the former operation of a petroleum filling station and fuel distribution operation. Multiple NYSDEC Spill files have been associated with the site. Municipal records indicate UST replacements due to leaking tanks. Petroleum Bulk Storage (PBS) records indicate that two 20,000 gallon No. 2 fuel oil USTs were closed in place on-site. In November 2011 the site entered the Brownfield Cleanup Program and a remedial investigation commenced.


Site Geology and Hydrogeology: The site is overlain by 8 feet of fill (sand, gravel, asphalt, brick), underlain by silty sandy clay grading into a brown silty clay unit. Shallow groundwater is at 4-6 feet below ground surface (fbgs) and flows west towards the Buffalo River. A site location map is attached as Figure 1. SECTION 4: LAND USE AND PHYSICAL SETTING The Department may consider the current, intended, and reasonably anticipated future land use of the site and its surroundings when evaluating a remedy for soil remediation. For this site, an alternative that restricts the use of the site to commercial use (which allows for industrial use) as described in Part 375-1.8(g) was evaluated in addition to an alternative which would allow for unrestricted use of the site. A comparison of the results of the Remedial Investigation (RI) to the appropriate standards, criteria and guidance values (SCGs) for the identified land use and the unrestricted use SCGs for the site contaminants is available in the RI Report. SECTION 5: ENFORCEMENT STATUS The Applicant under the Brownfield Cleanup Agreement is a Volunteer. The Applicant does not have an obligation to address off-site contamination. However, the Department has determined that this site does not pose a significant threat to public health or the environment; accordingly, no enforcement actions are necessary. SECTION 6: SITE CONTAMINATION 6.1: Summary of the Remedial Investigation A remedial investigation (RI) serves as the mechanism for collecting data to: • characterize site conditions; • determine the nature of the contamination; and • assess risk to human health and the environment. The RI is intended to identify the nature (or type) of contamination which may be present at a site and the extent of that contamination in the environment on the site, or leaving the site. The RI reports on data gathered to determine if the soil, groundwater, soil vapor, indoor air, surface water or sediments may have been contaminated. Monitoring wells are installed to assess groundwater and soil borings or test pits are installed to sample soil and/or waste(s) identified. If other natural resources are present, such as surface water bodies or wetlands, the water and sediment may be sampled as well. Based on the presence of contaminants in soil and groundwater, soil vapor will also be sampled for the presence of contamination. Data collected in the RI influence the development of remedial alternatives. The RI report is available for review in the site document repository and the results are summarized in section 6.3.


The analytical data collected on this site includes data for: - groundwater - soil 6.1.1: Standards, Criteria, and Guidance (SCGs) The remedy must conform to promulgated standards and criteria that are directly applicable or that are relevant and appropriate. The selection of a remedy must also take into consideration guidance, as appropriate. Standards, Criteria and Guidance are hereafter called SCGs. To determine whether the contaminants identified in various media are present at levels of concern, the data from the RI were compared to media-specific SCGs. The Department has developed SCGs for groundwater, surface water, sediments, and soil. The NYSDOH has developed SCGs for drinking water and soil vapor intrusion. For a full listing of all SCGs see: http://www.dec.ny.gov/regulations/61794.html 6.1.2: RI Results The data have identified contaminants of concern. A "contaminant of concern" is a contaminant that is sufficiently present in frequency and concentration in the environment to require evaluation for remedial action. Not all contaminants identified on the property are contaminants of concern. The nature and extent of contamination and environmental media requiring action are summarized below. Additionally, the RI Report contains a full discussion of the data. The contaminant(s) of concern identified at this site is/are: arsenic cadmium lead benzo(a)pyrene

benzo(b)fluoranthene pyrene chrysene benzene

The contaminant(s) of concern exceed the applicable SCGs for: - groundwater - soil 6.2: Interim Remedial Measures An interim remedial measure (IRM) is conducted at a site when a source of contamination or exposure pathway can be effectively addressed before issuance of the Decision Document. There were no IRMs performed at this site during the RI. 6.3: Summary of Environmental Assessment


This section summarizes the assessment of existing and potential future environmental impacts presented by the site. Environmental impacts may include existing and potential future exposure pathways to fish and wildlife receptors, wetlands, groundwater resources, and surface water. The RI report presents a detailed discussion of any existing and potential impacts from the site to fish and wildlife receptors. Nature and Extent of Contamination: Based upon investigations conducted to date, the primary contaminants of concern are arsenic, cadmium, lead, several polyaromatic hydrocarbons (PAHs), and grossly contaminated media (GCM). GCM means soil or groundwater which contains sources or substantial quantities of mobile contamination in the form of non-aqueous phase liquid (NAPL), as defined in subdivision 375-1.2(ac), that is identifiable either visually, through strong odor, by elevated contaminant vapor levels or is otherwise readily detectable without laboratory analysis. Soil - GCM was identified during the RI based on visual, olfactory, and/or photo ionization detector (PID) readings. Contamination was identified in the central area of the site surrounding the current and former USTs, associated piping, and product dispensers, ranging from 0 to 14 feet below ground surface (fbgs), with the greatest impacts noted 6-8 fbgs. Soil contaminated with lead (maximum value 11,000 ppm) was limited to an area around sample location SS-10. Arsenic was found across the site with a maximum value of 87 ppm located near sample location SS-10, and 39 ppm near sample location TP-13. Cadmium is found across the site in values ranging up to 15 ppm. Total PAHs are also found across the site in soils ranging up to 17,030 ppm, typically associated with GCM. A value of 3,850 ppm (total PAHs) was also found near sample location MW-1. Available data show no indication of offsite impacts. Groundwater - Benzene was detected above its groundwater quality standard (GWQS) in MW-2, MW-3, and MW-5; however, benzene only slightly exceeded its GWQS in MW-2 and MW-5 (1.1 ppb and 2.3 ppb, respectively). Dissolved metals detected above GWQS are primarily naturally occurring minerals. Four (4) SVOCs were detected above their respective GWQS in MW-4; however, detections of these SVOC compounds are reasonably attributable to high turbidity in groundwater samples. No PCBs, pesticides, and/or herbicides were detected above the laboratory detection limit. Based on available data there is no evidence of contaminant migration off-site. Soil Vapor and Indoor Air - Sampling was not conducted since the buildings are not occupied and site is vacant. 6.4: Summary of Human Exposure Pathways This human exposure assessment identifies ways in which people may be exposed to site-related contaminants. Chemicals can enter the body through three major pathways (breathing, touching or swallowing). This is referred to as exposure. The site is partially fenced and persons who enter the site could contact contaminants in the soil by walking on the soil in unpaved areas, or by digging or otherwise disturbing the soil. Contaminated groundwater at the site is not used for drinking or other purposes and the site is


served by a public water supply that obtains water from a different source not affected by this contamination. Volatile organic compounds in the groundwater may move into the soil vapor (air spaces within the soil), which in turn may move into overlying buildings and affect the indoor air quality. This process, which is similar to the movement of radon gas from the subsurface into the indoor air of buildings, is referred to as soil vapor intrusion. The potential exists for the inhalation of site contaminants due to soil vapor intrusion for any future on-site redevelopment and occupancy. Environmental sampling indicates soil vapor intrusion is not a concern for off-site buildings. 6.5: Summary of the Remediation Objectives The objectives for the remedial program have been established through the remedy selection process stated in 6 NYCRR Part 375. The goal for the remedial program is to restore the site to pre-disposal conditions to the extent feasible. At a minimum, the remedy shall eliminate or mitigate all significant threats to public health and the environment presented by the contamination identified at the site through the proper application of scientific and engineering principles. The remedial action objectives for this site are: Groundwater RAOs for Public Health Protection • Prevent ingestion of groundwater with contaminant levels exceeding drinking water standards. RAOs for Environmental Protection • Remove the source of ground or surface water contamination. Soil RAOs for Public Health Protection • Prevent ingestion/direct contact with contaminated soil. RAOs for Environmental Protection • Prevent migration of contaminants that would result in groundwater or surface water contamination. Soil Vapor RAOs for Public Health Protection • Mitigate impacts to public health resulting from existing, or the potential for, soil vapor intrusion into buildings at a site. SECTION 7: ELEMENTS OF THE SELECTED REMEDY The alternatives developed for the site and the evaluation of the remedial criteria are presented in the Alternative Analysis. The remedy is selected pursuant to the remedy selection criteria set forth in DER-10, Technical Guidance for Site Investigation and Remediation and 6 NYCRR Part 375.


The selected remedy is referred to as the Commercial Use Track 4 Cleanup remedy. The elements of the selected remedy, as shown in Figure 5, are as follows: 1. Remedial Design A remedial design program will be implemented to provide the details necessary for the construction, operation, optimization, maintenance, and monitoring of the remedial program. Green remediation principles and techniques will be implemented to the extent feasible in the design, implementation, and site management of the remedy as per DER-31. The major green remediation components are as follows: • Considering the environmental impacts of treatment technologies and remedy stewardship over the long term; • Reducing direct and indirect greenhouse gases and other emissions; • Increasing energy efficiency and minimizing use of non-renewable energy; • Conserving and efficiently managing resources and materials; • Reducing waste, increasing recycling and increasing reuse of materials which would otherwise be considered a waste; • Maximizing habitat value and creating habitat when possible; • Fostering green and healthy communities and working landscapes which balance ecological, economic and social goals; and • Integrating the remedy with the end use where possible and encouraging green and sustainable re-development. 2. Excavation Excavation and off-site disposal of contaminant source areas of concern (Figure 5) including: • grossly contaminated soil, as defined in 6 NYCRR Part 375-1.2(u); • contaminated soil in locations denoted as SS-10, TP-13 and MW-1 will be excavated to attain Total PAH value of 500 ppm, Lead of 1000 ppm, and Arsenic of 16 ppm; • soils that create a nuisance condition, as defined in Commissioner Policy CP-51 Section G; • underground storage tanks (Figure 3) including petroleum impacted soils, vent/fill lines, pumps and infrastructure, materials from the demolition of existing structures; and • once demolition is complete, further investigation is required to refine the nature and extent of contamination in areas where access was previously hindered (e.g. under Buildings 1, 2, and 3). Approximately 12,670 cubic yards of soil will be removed from the site for disposal at an off-site permitted facility. All excavations will include confirmation sampling. Clean fill meeting the requirements of 6 NYCRR Part 375-6.7(d) will be brought in to replace the excavated soil or complete the backfilling of excavations and establish the designed grades at the site below the cover system described in paragraph 3 below. 3. Cover System


A site cover will be required to allow for commercial use of the site. The cover will consist either of the structures, such as buildings, pavement, and sidewalks comprising the site development, or a soil cover in areas where the upper one foot of exposed surface soil will exceed the applicable soil cleanup objectives (SCOs). Where the soil cover is required, it will be a minimum of one foot of soil meeting the SCOs for cover material as set forth in 6 NYCRR Part 375-6.7(d) for commercial use. The soil cover will be placed over a demarcation layer. Any fill material brought to the site will meet the requirements for the identified site use as set forth in 6 NYCRR Part 375-6.7(d). 4. Institutional Control Imposition of an institutional control in the form of an environmental easement for the controlled property that: • requires the remedial party or site owner to complete and submit to the Department a periodic certification of institutional and engineering controls in accordance with Part 375-1.8 (h)(3); • allows the use and development of the controlled property for commercial and industrial use as defined by Part 375-1.8(g), although land use is subject to local zoning laws; • restricts the use of groundwater as a source of potable or process water, without necessary water quality treatment as determined by the NYSDOH or County DOH; and • requires compliance with the Department approved Site Management Plan. 5. Site Management Plan A Site Management Plan is required, which includes the following: a. An Institutional and Engineering Control Plan that identifies all use restrictions and engineering controls for the site and details the steps and media-specific requirements necessary to ensure the following institutional and/or engineering controls remain in place and effective: • Institutional Controls: The Environmental Easement discussed in Paragraph 4 above; and • Engineering Controls: The soil cover discussed in Paragraph 3 above. This plan includes, but may not be limited to: • an Excavation Plan which details the provisions for management of future excavations in areas of remaining contamination; • descriptions of the provisions of the environmental easement including any land use, and groundwater use restrictions; • a provision for evaluation of the potential for soil vapor intrusion should any of the on-site building(s) become occupied and for any buildings developed on the site, including provision for implementing actions recommended to address exposures related to soil vapor intrusion; • provisions for the management and inspection of the identified engineering controls; • maintaining site access controls and Department notification; and • the steps necessary for the periodic reviews and certification of the institutional and/or engineering controls.


b. A Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to: • monitoring of groundwater to assess the performance and effectiveness of the remedy; • a schedule of monitoring and frequency of submittals to the Department; and • monitoring for vapor intrusion for any buildings re-occupied or developed on the site, as may be required by the Institutional and Engineering Control Plan discussed above.

SITE

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HISTORIC PUMP ISLAND (Per Buffalo Fire Dept. records)

HISTORIC LINES/VENTS (Per Buffalo Fire Dept. records)

OBSERVED SITE CONDITIONS

NE SOIL PILE

WOOD DEBRIS

BRICK PILE

TIRE/PALLET PILE

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SCRAP METAL/WOOD DEBRIS

TANKS:

1-13: Likely remaining; NYSDEC Petroleum Bulk Storage (PBS) records identify 13 tanks

14-15: Historic tanks; disposition unknown

16-20: Historic permits; fire department application for installation field. Likely not installed

21-22: Removed based on City of Buffalo fire department records

23: Disposition unknown

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SS-3 RI SURFACE SAMPLE LOCATION

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SB-1 RI SOIL BORING SAMPLE LOCATION

HISTORIC BORE HOLE SAMPLE LOCATION (PER LCS, INC. 2010)

SAMPLE LOCATION EXCEEDING COMMERCIAL SCOs FOR SVOCs

SAMPLE LOCATION EXCEEDING COMMERCIAL SCOs FOR METALS

SAMPLE LOCATION EXCEEDING 500 PPM TOTAL SVOCs

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RI TEST PIT LOCATIONTP-1

RI MONITORING WELL LOCATIONMW-1

LEGEND:

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EXISTING ON-SITE STRUCTURE

FENCE

SS-3 RI SURFACE SAMPLE LOCATION

BH32

SB-1 RI SOIL BORING SAMPLE LOCATION

HISTORIC BORE HOLE SAMPLE LOCATION (PER LCS, INC. 2010)

PETROLEUM-IMPACTED AREA OF CONCERN (AOC)

METALS-IMPACTED AREA OF CONCERN (AOC)

OBSERVED SITE CONDITIONS

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SS-9

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TP-15

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TP-13

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TP-6

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allopes

Text Box

5

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Division of Environmental Remediation. Office of the Director

625 Broadway. 12th Floor, Albany, New York 12233-7011

P: (518) 402-9706 IF: (518) 402-9020

www.dec.ny.gov

4216 Group, LLC

Attn: William Paladino

295 Main Street, Suite 210 Buffalo, NY 14203

Dear Mr. Paladino:

December 29, 2017

Re: Certificate of Completion 300 Ohio Street Buffalo, Erie County

Site No. C915257

Congratulations on having satisfactorily completed the remedial program at the

300 Ohio Street Site. Enclosed please find an original, signed Certificate of Completion (COC). The New York State Department of Environmental Conservation (Department) is pleased to inform you that the Final Engineering Report is hereby approved, allowing the COC to be issued for the abovereferenced site.

Please note that you are required to perform the following tasks:

• If you are the site owner, you must record a notice of the COC in the recording office for the County (or Counties) where any portion of the site is located within 30 days of issuance of the COC; or if you are a prospective purchaser of the site, you must record a notice of the COC within 30 days of the date that you acquire the site. A copy of the recorded notice should be provided to the Department's project manager. If you are a non-owner, you must work with the owner to assure the notice of COC is recorded within the time frame specified. A standard notice form is attached to this letter.

�0roRK

I Department of

P0•1uH1rv Envlronmental Conservation

Please return the proof of recording to:

Chief, Site Control Section New York State Department of Environmental Conservation Division of Environmental Remediation 625 Broadway Albany, NY 12233-7020

• Provide the notice of the COC to the Document Repositories within 1 O days of issuance of the COC. The Department will develop a fact sheet announcing the issuance of the COC and describing the institutional and engineering controls (IC/ECs), if any, that are required at the site and distribute it to the County Listserv within 10 days;

• Implement the Department-approved Site Management Plan (SMP) which details the activities necessary to assure the performance, effectiveness, and protectiveness of the remedial program; and you must report the results of these activities to the Department in a Periodic Review Report (PRR) which also includes any required IC/EC Certifications. The site IC/ECs are identified on the attached Site Management Form. The first PRR including the certification of the IC/ECs is due to the Department in April 2019.

If you have any questions regarding any of these items, please contact Anthony Lopes at (716) 851-7220.

ec w/ enclosure: A. Lopes J. Dougherty

Sincerely,

� Y./j/ Michael J. Ryan, P.E. Assistant Director Division of Environmental Remediation

W. Paladino - 4216 Group, LLC, [email protected] M. Lesakowski - Benchmark, [email protected] C. Slater - Slater Law Firm, [email protected]

NYSDEC BROWNFIELD CLEANUP PROGRAM (BCP)

(!E <R.,'IIPI CJIPE OP CO?rt.<P £P,'JIO:N

Name Address

42 16 Group, LLC 295 Main Street, Suite 210, Buffalo, NY 14203

BROWNFIELD CLEANUP AGREEMENT:

Application Approval: 9/6/11 Agreement Execution: 11 /9/1 I Agreement Index No.:C9 I 5257-09-1 I

Application Approval Amendment: none

SITE INFORMATION:

Site No.: C915257 Site Name: 300 Ohio Street Site

Site Owner: 4216 Group, LLC

Street Address: 300 Ohio Street

Agreement Execution Amendment: none

Municipality: Buffalo County: Erie DEC Region: 9 Site Size: 4.825 Acres

Tax Map Identification Number(s): 122.10-2-10, 122.10-2-11, 122. l 0-2-12, 122. l 0-2-13, 122. l 0-2-14, 122.10-2-15, 122.10-2-16.2, 122.10-2-17, 122.10-2-18, 122.10-2-19, 122. l 0-2-20

Percentage of site located in an EnZone: 100 %

A description of the property subject to this Certificate is attached as Exhibit A and a site survey is attached as Exhibit B.

CERTIFICATE ISSUANCE This Certificate of Completion, hereinafter referred to as the "Certificate," is issued pursuant to Article 27, Title 14 of the New York State Environmental Conservation Law ("ECL").

This Certificate has been issued upon satisfaction of the Commissioner, following review by the Department of the final engineering report and data submitted pursuant to the Brownfield Site Cleanup Agreement, as well as any other relevant information regarding the Site, that the applicable remediation requirements set forth in the ECL have been or will be achieved in accordance with the time frames, if any, established in the remedial work plan.

The remedial program for the Site has achieved a cleanup level that would be consistent with the following categories of uses (actual site use is subject to local zoning requirements):

Allowable Uses under the BCP: Commercial and Industrial Cleanup Track: Track 4: Restricted use with site-specific soil cleanup objectives

Tax Credit Provisions for Entities Taxable Under Article 9, 9-A, 32, and 33: Site Preparation and On-Site Groundwater Remediation Credit Component Rate is 25 %. Tangible Property Credit Component Rate is 20 %.

Tax Credit Provisions for Entities Taxable Under Article 22 & S Corporations: Site Preparation and On-Site Groundwater Remediation Credit Component Rate is 25 %. Tangible Property Credit Component Rate is 18 %.

The Remedial Program includes use restrictions or reliance on the long-term employment of institutional or engineering controls which are contained in the approved Site Management Plan and an Environmental Easement granted pursuant to ECL Article 71, Title 36 which has been duly recorded in the Recording Office for Erie County as BK/PG D 11282/2680 and 2015139962.

LIABILITY LIMITATION Upon issuance of this Certificate of Completion, and subject to the terms and conditions set

forth herein, the Certificate holder(s) shall be entitled to the liability limitation provided in ECL Section 27-1421. The liability limitation shall run with the land, extending to the Certificate holder's successors or assigns through acquisition of title to the Site and to a person who develops or otherwise occupies the Site, subject to certain limitations as set forth in ECL Section 27-1421. The liability limitation shall be subject to all rights reserved to the State by ECL Section 27-1421.2 and any other applicable provision of law.

CERTIFICATE TRANSFERABILITY This Certificate may be transferred to the Certificate holder's successors or assigns upon transfer or sale of the

Site as provided by ECL Section 27-1419.5 and 6NYCRR Part 375-1.9.

CERTIFICATE MODIFICATION/REVOCATION This Certificate of Completion may be modified or revoked by the Commissioner following

notice and an opportunity for a hearing in accordance with ECL Section 27-1419 and 6NYCRR Part 375-l.9(e) upon a finding that:

( 1) either the Applicant or the Applicant's successors or assigns have failed to comply with the terms and conditions of the Brownfield Site Cleanup Agreement;

(2) the Applicant made a misrepresentation of a material fact tending to demonstrate that it was qualified as a Volunteer;

(3) either the Applicant or the Applicant's successors or assigns made a misrepresentation of a material fact tending to demonstrate that the cleanup levels identified in the Brownfield Site Cleanup Agreement were reached;

(4) there is good cause for such modification or revocation;

(5) either the Applicant or the Applicant's successors or assigns failed to manage the controls or monitoring in full compliance with the terms of the remedial program;

(6) the terms and conditions of the environmental easement have been intentionally violated or found to be not protective or enforceable.

The Certificate holder(s) (including its successors or assigns) shall have thirty (30) days within which to cure any deficiency or to seek a hearing. If the deficiency is not cured or a request for a hearing is not received within such 30-day period, the Certificate shall be deemed modified or vacated on the 3 I st day after the Department's notice.

Basil Seggos Commissioner New York State Department of Environmental Conservation

By: �� ,,,t A� Date: tL-/z.� lt1 Michael J. Ryan, P.f>ASSistant Director Division of Environmental Remediation

NOTICE OF CERTIFICATE OF COMPLETION Brownfield Cleanup Program

6 NYCRR Part 375-1.9{d)

300 Ohio Street, Site ID No. C915257 300 Ohio Street, Buffalo, NY, 14203

Buffalo, Erie County, Tax Map identification Numbers 122.10-2-10, 122.10-2-11, 122.10-2-12, 122.10-2-13, 122.10-2-14, 122.10-2-15, 122.10-2-16.2, 122.10-2-17,

122.10-2-18, 122.10-2-19, 122.10-2-20

PLEASE TAKE NOTICE, the New York State Department of Environmental Conservation (Department) has issued a Certificate of Completion (Certificate) pursuant to Article 27, Title 14 of the New York State Environmental Conservation Law (ECL) to 4216 Group, LLC for a parcel approximately 4.825 acres located at 300 Ohio Street in the City of Buffalo, Erie County.

PLEASE TAKE NOTICE, the Certificate was issued upon satisfaction of the Commissioner, following review by the Department of the final engineering report and data submitted pursuant to the Brownfield Site Cleanup Agreement, as well as any other relevant information regarding the Site, that the remediation requirements set forth in ECL Article 27, Title 14 have been or will be achieved in accordance with the time frames, if any, established in the remedial work plan.

PLEASE TAKE NOTICE, the remedial program for the Site has achieved a cleanup level that would be consistent with the following categories of uses (actual site use is subject to local zoning requirements):

0 Unrestricted Use, as set forth in 6 NYCRR 375-1.S(g)( I )i D Residential Use, as set forth in 6 NYCRR 375-l .8(g)(2)i. D Restricted Residential Use, as set forth in 6 NYCRR 375-1.8(g)(2)ii. 181 Commercial Use, as set forth in 6 NYCRR 375-l .8(g)(2)iii. 181 Industrial Use, as set forth in 6 NYCRR 375-1.8(g)(2)iv.

Further, the use of groundwater is restricted and may not be used, unless treated in accordance with the requirements provided by the New York State Department of Health, or a local County Health Department with jurisdiction in such matters and such is approved by the Department as not inconsistent with the remedy.

PLEASE TAKE NOTICE, since the remedial program relies upon use restrictions or the long term employment of institutional or engineering controls; such institutional or engineering controls are contained in an Environmental Easement granted pursuant to ECL Article 71, Title 36 which has been duly recorded in the Recording Office for Erie County as File 2015139962 and BK/PG D 11282/2680.

PLEASE TAKE NOTICE, the Environmental Easement requires that the approved site management plan (SMP) for this property be adhered to. The SMP, which may be amended from time to time, may include sampling, monitoring, and/or operating a treatment system on the property, providing certified reports to the NYSDEC, and generally provides for the management of any and all plans and limitations on the property. A copy of the SMP is available upon request by writing to the Department's Division of Environmental Remediation, Site Control Section, 625 Broadway, Albany, New York 12233.

PLEASE TAKE NOTICE, provided that the Environmental Easement, SMP and Certificate are complied with, the Certificate holder(s) shall be entitled to the liability limitation provided in ECL Section 27-1421. The liability limitation shall run with the land, extending to the Certificate holder's successors or assigns through acquisition of title to the Site and to a person who develops or otherwise occupies the Site, subject to certain limitations as set forth in ECL Section 27-1421. The liability

300 Ohio Street, C915257, 300 Ohio Street, Buffalo, NY 14203

limitation shall be subject to all rights reserved to the State by ECL Section 27-1421.2 and any other applicable provision of law.

PLEASE TAKE NOTICE, any change of use of the site, as defined in 6 NYCRR 375, must be preceded by notice to the Department in accordance with 6 NYC RR 375-1.11 (d). A transfer of any or all of the property constitutes a change of use.

PLEASE TAKE NOTICE, the Certificate may be revoked if the Environmental Easement as implemented, if applicable, is not protective or enforceable.

PLEASE TAKE NOTICE, the Certificate may entitle the Certificate holder(s) to tax credits in accordance with Tax Law Sections 21, 22 and 23.

PLEASE TAKE NOTICE, the Certificate may only be transferred to the Certificate holder's successors or assigns upon transfer or sale of the Site as provided by ECL Section 27-1419.5 and 6 NYCRR Part 375-1.9. Failure to comply with the regulatory requirements for transfer WILL bar the successors and assigns from the benefits of the Certificate.

PLEASE TAKE NOTICE, the Certificate may be modified or revoked by the Commissioner as set forth in the applicable regulations.

PLEASE TAKE NOTICE, a copy of the Certificate can be reviewed at the NYSDEC's Region 9 Office located at 270 Michigan Avenue, Buffalo, NY 14203, by contacting the Regional Environmental Remediation Engineer.

WHEREFORE, the undersigned has signed this Notice of Certificate

STATE OF NEW YORK ) SS: COUNTY OF )

4216 Group. LLC

Title: ----------

Date: ----------

On the day of in the year 20 _, before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Signature and Office of individual taking acknowledgment

Please record and return to: 4216 Group, LLC A TIN: William Paladino 295 Main Street, Suite 210 Buffalo, NY 14203

Exhibit A

County: Eric Site o: C915257 Brownfield Cleanup Agreement Index: C915257-09-l I

SCHEDULE "A" PROPERTY DESCRIPTION

Environmental Easement Description

For 300 Ohio Street Site BCP Sitt• No. C915257

300, 326, 328, 340 and 354 Ohio Street 11 Chicago Street 49 and 53 Mackirrnw Street

ALL THAT PLOT OF LAND SITUATE in the City or Buffalo. County of Eric and State of New York. being part of Out Lot No. 56 in said City, more particulnrly bounded and clescribccl as follows:

BEGINNING at the intersection of the easterly line of Chicago Street (66 feet wide) with the northeasterly tine or Ohio Street (66 feet wide):

TH ENCE southeasterly. along the northeasterly I ine of Ohio Street. a distance of 596.00 feet 10 the point or intersection of said northeasterly line of Ohio Street with the southerly line of Wabash Street (66 feel wide). now discontinued and closed:

THENCE N 6 I 0 28' 40" E, along the southerly line or the former Wabash Street, a distance of 55. 77 feet to an angle point therein:

THENCE 13° IT 30'' E. along the easterly line of the former Wabash Street. a distance of 843.22 feet, more or less. to a point in the southerly line of Mackinaw Street (originally 66 feet wide. but now discontinued in pan):

THENCE N 76° 42· 30 .

. \V. along the southerly line of Mackinaw Street, a distance of 225.57 feet to a point on said southerly line of Mackinaw Street distant 140.00 feet easterly from the intersection of said southerly line of Mm:kinaw Street with the easterly line of' Chicago Street. as measured along said southerly line of Mackinaw Street:

THENCE southerly. at right angles. and parallel to Chicago Street. a distance or I 00.00 feet:

THENCE easterly, al right angles, and parallel to Mackinaw Street, a distance of 12.00 feet to a point 011 a I inc.drawn parallel to Chicago Street:

THENCE southerly, al right angles, and parallel lo Chicago Street, a distance or 158.50 feet to a point 011 a tine drawn parallel to Mackinaw Street:

THENCE westerly. parallel to Mackinaw Street. a distance of 91.00 rect to a point which is 61.00 feet cast or the easterly line of Chicago Street as measured along a line drawn at right angles to the easterly line of Chicago Street:

THENCE northerly. at right angles and parallel with the easterly line or Chicago Street. a distance of 20.00 reel:

Environmental Easement Page 9

Counly: Eric Sile lo: C915257 Brownfield Cleanup Agreement Index : C9 I 5257-09-l I

TllENCE westerly, parallel with Lhe southerly line of Mackinaw Slrcet, a distance of 61.00 feet Lo a point in the easterly line of Chicago Street which point is 141.00 feet north of the intersection or said easterly line or Chicago Slrect and the northeasterly line of Ohio Street as measured along the easterly line of Chicago Slreet;

TH ENCE southerly. along the easterly line of Chicago Street. 141.00 feet to the point and place of beginning.

71, 73, & 75 Chicago Street

ALL TllAT PLOT OF LAND SITUATE in the City of Buffalo. County or Eric and State of New York, Bounded and described as follows, to wit:

BEGINNING at a poinl in the easterly line of Chicago Street twenty-five (25) feet south of Mackinaw Slrcct: running thence easterly on a line parallel with Mackinaw Street one hundred ( I 00) feel: thence southerly and parallel with Chicago Street twcnly-nine (29) feet: thence westerly and parallel wilh Mackinaw Slrcet one hundred (I 00) feet to Chicago Street, and thence nonherly along the easterly line or Chicago Street twenty-nine (29) feet to the place of beginning.

AND ALSO, ALL THAT PLOT OF LAND SITUATE in the City of Buffalo, County of Eric and Stmc of New York. being part of Outer Lot o. 56 in said City, bounded and described as follows:

BEGINNING at a point in the south line of Mackinaw Street distnnt ninety-nine (99) feet cast or its intersection with the east line of Chicago Street; thence easterly along the south I inc of Mackinaw Street one ( I ) foot: thence southerly and parallel with the cast line of Chicago Street twenty-five (25) feet; thence westerly and parallel with the south line of Mackinaw Street one (I) foot; thence northerly and parallel with the cast line of Chicago Street twenty-five (25) feet to the point or place or beginning.

Environmental Easement area containing 4.825 ±acres more or less.

Environmental Easement Page I 0

Exhibit B

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•A 1f°'.J.. ; '!" ))• NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Site Management Form . ' 12/22/2017

� t!�"l ii

SITE DESCRIPTION SITE NO. C915257

SITE NAME 300 Ohio Street Site

SITE ADDRESS: 300 Ohio Street ZIP CODE: 14204

CITY/TOWN: Buffalo

COUNTY: Erie

ALLOWABLE USE: Commercial and Industrial

SITE MANAGEMENT DESCRIPTION

SITE MANAGEMENT PLAN INCLUDES:

IC/EC Certification Plan Monitoring Plan Operation and Maintenance (O&M) Plan

Periodic Review Frequency: once a year

Periodic Review Report Submitted Date: 04/29/2019

YES NO

• 0

• 0

0 •

Description of Institutional Control

4216 Group, LLC

295 Main Street Suite 210 11 Chicago Street

Environmental Easement Block: 2

Lot: 15 Su blot:

Section: 122 Subsection: 10

S_B_L Image: 122.10-2-15 Building Use Restriction

Ground Water Use Restriction

IC/EC Plan

Landuse Restriction

Monitoring Plan

Site Management Plan

Soil Management Plan

300 Ohio Street Environmental Easement

Block: 2 Lot: 14

Su blot: Section: 122

Subsection: 10


Block: 2 Lot: 13

Su blot:



IC/EC Plan

Landuse Restriction

Monitoring Plan





Block: 2 Lot: 12

Su blot:



IC/EC Plan

Landuse Restriction

Monitoring Plan



Section: 122 Subsection: 1 o

340 Ohio Street



IC/EC Plan

Landuse Restriction

Monitoring Plan



Environmental Easement

Block: 2 Lot: 11


Subsection: 10


Block: 2 Lot: 10

Su blot:



IC/EC Plan

Landuse Restriction

Monitoring Plan




49 Mackinaw Street Environmental Easement

Block: 2 Lot: 19

Sublet:



IC/EC Plan

Landuse Restriction

Monitoring Plan







IC/EC Plan

Landuse Restriction

Monitoring Plan



Block: 2 Lot: 20


Subsection: 1 O

71 Chicago Street Environmental Easement

Block: 2 Lot: 17

Su blot:



IC/EC Plan

Landuse Restriction

Monitoring Plan



Section: 122 Subsection: 1 O


Block: 2 Lot: 18

Su blot:



IC/EC Plan

Landuse Restriction

Monitoring Plan





Block: 2



IC/EC Plan

Landuse Restriction

Monitoring Plan



Page 1

Lot: 16 Sublot: 2


S_B_L Image: 122.10-2-16.2 Building Use Restriction


IC/EC Plan

Landuse Restriction

Monitoring Plan



Description of Engineering Control

4216 Group, LLC

295 Main Street Suite 210 11 Chicago Street

Environmental Easement

Block: 2 Lot: 15


Subsection: 10 S_B_L Image: 122.10-2-15

Cover System


Block: 2 Lot: 14



Cover System


Block: 2 Lot: 13



Cover System


Block: 2 Lot: 12

Sublot: Section: 122


Cover System

340 Ohio Street

Page 2

Environmental Easement Block: 2

Lot: 11 Sublot:


S_B_L Image: 122.10-2-11 Cover System


Block: 2 Lot: 10



Cover System


Block: 2 Lot: 19



Cover System


Block: 2 Lot: 20

Sublet: Section: 122


Cover System


Block: 2 Lot: 17


Subsection: 1 o

S_B_L Image: 122.10-2-17 Cover System


Block: 2 Lot: 18



Cover System


Block: 2 Lot: 16

Sublet: 2


S_B_L Image: 122.10-2-16.2 Cover System

1

Jeremy Wassel

From: Paananen,Jason A <[email protected]>Sent: Thursday, September 26, 2019 10:26 AMTo: Jeremy WasselCc: Mike Kobis; Nathan T. MunleySubject: RE: 1050 Niagara & 300 Ohio BOA Program Determination of Conformance Application

Jeremy, We have received your application and will let you know if the City has any questions. Thanks, Jason Paananen, AICP Director of Environmental Affairs City of Buffalo Mayor’s Office of Strategic Planning 901 City Hall Buffalo, NY 14202 716‐851‐5406

From: Jeremy Wassel [mailto:[email protected]] Sent: Wednesday, September 25, 2019 3:47 PM To: Paananen,Jason A <[email protected]> Cc: Mike Kobis <[email protected]>; Nathan T. Munley <[email protected]> Subject: 1050 Niagara & 300 Ohio BOA Program Determination of Conformance Application Hi Jason, Enclosed for you records are pdf copies of our Brownfield Opportunity Area Program Determination of Conformance Application for 1050‐1088 Niagara Street (9271 Group, LLC) and 300 Ohio Street (4216 Group, LLC). Please confirm you received this email. Let us know if you have any questions. Thanks, Jeremy Jeremy P. Wassel | Planning & Development Coordinator Ellicott Development Company 295 Main Street, Suite 210 | Buffalo, NY 14203 O 716.854.0060 | M 716.440.1337 | F 716.852.2829 [email protected]

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