Phase I Environmental Site Assessment 960 Washington Street City of Buffalo, Erie County, New York

Transcription

1 Phase I Environmental Site Assessment City of Buffalo, Erie County, New York Prepared For: State University Construction Fund 353 Broadway Albany, New York and UB Foundation Services, Inc. P.O. Box 900 Buffalo, New York September 2012 Prepared By:

2 TABLE OF CONTENTS Page 1.00 INTRODUCTION SITE BACKGROUND INFORMATION SITE RECONNAISSANCE Underground Storage Tanks (USTs) Aboveground Storage Tanks (ASTs) Hazardous Substances or Petroleum Products Use Staining Electrical Transformers/Equipment Drywells and Sumps Pits, Ponds, and Lagoons Wells Solid Waste Drums, Containers Stressed Vegetation Interior Observations Topography, Surface Water Bodies and Drainage Abutters and Nearby Properties GEOLOGIC/HYDROGEOLOGIC CONDITIONS HISTORICAL INFORMATION Previous Site Investigations Historic Photograph Review REGULATORY DATABASE REVIEW Federal Agency Databases National Priorities List (NPL) Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) RCRA Corrective Action Sites (CORRACTS) Resource Conservation and Recovery Information System (RCRIS) RCRA Generators (SQG & LQG) Emergency Response Notification System (ERNS) Database State Agency Database Review LTANKS Database SHWS Inactive Hazardous Wastes Disposal Sites Solid Waste Facilities/Landfills UST Petroleum Bulk Storage Database New York Spills Database Freedom of Information Law Requests... 8

3 Table of Contents (Continued) Page 7.00 ASBESTOS CONTAINING MATERIAL EVALUATIONS Asbestos INTERVIEWS FINDINGS AND CONCLUSIONS... 8 Tables Table No. 1 Summary of Historic Aerial Photograph Review Table No. 2 Federal Database Summary Table No. 3 State Database Summary Figures Figure No. 1 Project Location Map Appendices Appendix A Representative Photographs Appendix B Toxics Targeting, Inc. Database Report Appendix C Freedom of Information Law Request ii

4 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page INTRODUCTION This report presents the results of a Phase I Environmental Site Assessment (ESA) conducted by Fisher Associates, P.E., L.S., P.C. (Fisher Associates) for the University at Buffalo Foundation Services, Inc. (UBFS) and the State University Construction Fund (SUCF). It is our understanding that UBFS and SUCF is proposing to purchase the parcel located at the southwest corner of Washington Street and High Street (#) in the City of Buffalo. The subject site is located in the City of Buffalo, New York, as shown on Figure No. 1 Project Location Map. Prior to the purchase of the property, UBFS and SUCF requested that a Phase I ESA be completed. The primary objective of this ESA was to render an opinion as to whether surficial or historical evidence indicates the presence of recognized environmental conditions that could result in the presence of hazardous materials in the environment. The ESA was completed in general accordance with ASTM Standard E , Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment process and generally accepted practices. The scope of services for this investigation included: A review of existing information about the past and present land use to identify possible sources of contamination; A site visit to make observations of potential physical evidence of contamination; and Preparation of this ESA report. This report presents the field observations, data collection and research, results, and professional opinions, and may be subject to modification if UBFS, SUCF, or any other party develops subsequent information. This ESA was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same geographical area, and was conducted with the degree of care and skill generally exercised by other consultants under similar circumstances and conditions. It is noted that our findings and conclusions should be considered as our professional opinion concerning the significance of the limited data gathered during the course of the environmental site assessment and not as scientific certainty. No other warranty, express or implied, is made. Specifically, it is not and cannot be represented that the site contains no hazardous material, oil or other latent condition beyond that observed by our personnel during the onsite reconnaissance. It is also noted that this assessment was completed without subsurface explorations and chemical screening of soil and groundwater beneath the site, and thus no data was generated regarding latent subsurface conditions that may be the result of on-site or off-site sources SITE BACKGROUND INFORMATION The existing assessed parcel is located at the southwest quadrant of the intersection of Washington Street and High Street, in the City of Buffalo, New York. The assessed property is an irregularly-shaped property containing less than one (1) acre (approximately 121 x 116 ) and has been referred to as both and 23 High Street. The property was originally developed in 1849 when Philip Scheu began construction of a building that opened as a brewery. Additions were made to the brewery between 1859 and 1884 after being sold to Joseph Haberstroh, and a new brewhouse was added in In 1894 Haberstroh constructed a new brewery on the same spot as the original, and it was completed in The brewery eventually closed in 1934 after apparently not being able to recover from financial losses incurred during Prohibition.

5 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page 2 The structure was converted into apartments after the brewery was closed, containing at one point as many as 81 apartments. Several of the buildings were demolished over the years and, in 1955 the fourstory structure at the corner of Main Street and High Street ( Main Street) was demolished and a bank was built. The building remained apartments until 2005 when the building was demolished and the property became vacant SITE RECONNAISSANCE The purpose of the site reconnaissance was to make observations of surficial conditions and to observe possible evidence of recognized environmental conditions that could result in the presence of hazardous materials in the environment. The site reconnaissance was conducted on June 11, The subject site, as identified and described above, was visually assessed for recognized environmental conditions. At the time of the site visit and reconnaissance, the subject parcel was temporarily developed as a construction office of L.P. Ciminelli. L.P. Ciminelli has brought in a temporary office to serve as their field office, has installed fencing to secure the site and has installed temporary utilities to the office trailer. The site is bounded by First Niagara Bank and Main Street to the west; High Street with parking lots to the north; Washington Street and the former Langston Hughes Institute to the east; and vacant lots/parking with small commercial operations to the south. It is noted that the private properties located adjacent to the subject site were not accessed, and that the visual observations were limited to those that could be made from the subject site and the existing highway and adjacent lands. The subject property is located on the southwestern quadrant of the High Street and Washington Street intersection, and is currently occupied by an office trailer for L.P. Ciminelli during construction work they are performing at Buffalo General Hospital. There is temporary connections for utilities to the office trailer at the property, and the perimeter of the property is fenced for security purposes. Representative photographs obtained during the site reconnaissance are included in Appendix A, and our observations are summarized in the following sections. 3.1 Underground Storage Tanks (USTs) No surficial evidence of USTs (i.e., fill ports, dispensers, etc.) were observed during the site reconnaissance at the subject site. 3.2 Aboveground Storage Tanks (ASTs) No surficial evidence of ASTs (i.e., fill ports, tank cradles, etc.) were observed during the site reconnaissance at the subject site. 3.3 Hazardous Substances or Petroleum Products Use General cleaning products for the temporary office were observed in the building. There was no visible evidence of leaks or spills on the floor of the temporary office. No other evidence of the use and storage of, or disposal of chemicals, hazardous substances, or petroleum products, was observed during the site reconnaissance at the subject site.

6 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page Staining Minor areas of surficial staining were observed in the gravel parking area within the fenced area during the site reconnaissance at the subject parcel. The staining appeared to be vehicle-related spills from minor mechanical leaks, and are limited in extent. 3.5 Electrical Transformers/Equipment One (1) pole-mounted electrical transformer and three (3) pad mounted transformers were observed on properties adjacent to the subject parcel during the site reconnaissance. No apparent leakage was observed from the transformers and staining or stressed vegetation were not observed at the base of the utility pole. The transformers are the property of National Grid. The subject parcel is equipped with an emergency power generator that is located at the north side of the treatment building. The transformer is powered by natural gas that is supplied to the property by NYSEG. 3.6 Drywells and Sumps No evidence of drywells or sumps were noted during the site reconnaissance. 3.7 Pits, Ponds, and Lagoons No evidence of pits, ponds or lagoons were noted at the subject site during the site reconnaissance. 3.8 Wells During the site reconnaissance, no wells were observed at the subject site. However, the parcel located to the north of the subject parcel contained several groundwater monitoring wells (refer to Section 6.2.5). 3.9 Solid Waste Solid waste currently generated at the subject parcel is disposed of by L.P. Ciminelli in a waste container in the parking area to the south. The waste container is owned by Waste Management. No other evidence of on-site waste disposal was observed during the site reconnaissance at the subject site Drums, Containers No drums were observed on the subject site Stressed Vegetation No evidence of stressed vegetation was observed during the site reconnaissance at the subject site.

7 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page Interior Observations The interior observations were limited to the interior of the temporary office trailer. As previously described, the building is a temporary structure made of two (2) sections of modular trailers combined to form one (1) office trailer with a pitched roof. The temporary structure does not contain a basement. The interior revealed standard office supplies and general cleaning supplies. No other structures are located on the subject parcel Topography, Surface Water Bodies and Drainage The regional ground surface in the site vicinity is generally flat with a very slight slope to the south and west. The project area is not within a floodplain and is not subject to flood impacts. The subject site has a gravel parking area situated on it with concrete sidewalks to the north and east. Surface drainage on the property appears to be to the west and south, and sheet flow drains to a storm sewer along Main Street Abutters and Nearby Properties As part of the ESA, a reconnaissance of the properties adjoining the site was conducted from the public properties. The land use immediately north of the subject site is High Street with vacant land/parking area beyond. To the east of the property is Washington Street with the former Langston Hughes Institute located beyond. The properties to the south are vacant parcels with small commercial and professional buildings beyond. A First Niagara Bank branch is located immediately to the west of the property with Main Street beyond GEOLOGIC/HYDROGEOLOGIC CONDITIONS This project is not located within the limits of a designated U.S. Environmental Protection Agency Sole Source Aquifer. However, the assessed property is located over a New York State Department of Environmental Conservation designated Primary or Principal aquifer (consolidated formation) as identified in Kantrowitz and Snavely (1982). There are no major surface water bodies located at or adjacent to the subject property. Subsurface explorations were made at the site as part of a modification to this assessment. The site is located in a developed portion of urban Buffalo, and the majority of the surface soils would be considered made land. It has been determined that the overburden thickness at the subject site ranged from 59.5-feet to 64.6-feet based on depths of equipment refusal.

8 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page 5 The soils in the area consist of an uppermost layer of fill material from five (5) feet to twentythree (23) feet thick. The next layer consists of native glacial outwash/alluvial deposits that are silty Sand to clayey Sand with clay seams, that is ten (10) feet to thirty-five (35) feet thick. The outwash material is underlain by a layer of Sand and Gravel that is fourteen (14) to twenty-six (26) feet thick may typically include a glacial outwash deposits and alluvial sediments. Available information indicates that regional groundwater flow would generally be towards the Buffalo Harbor and Niagara River. Based on the proximity of the river and information from the subsurface investigation, localized groundwater flows are approximately twenty-one (21) to twenty-five (25) feet below ground surface HISTORICAL INFORMATION 5.1 Previous Site Investigations To the best of Fisher Associates knowledge, no previous ESA reports or evaluations were available for the project site. 5.2 Historic Photograph Review Historic aerial photographs of the site area were reviewed at the Erie County Highway Department. The review of the site development and site activity as observed on the aerial photographs is summarized in Table No. 1 - Summary of Historic Aerial Photograph Review. As part of the Phase I Environmental Assessment, historic aerial photographs were reviewed for the project area. Years available for review included 1920 and The review was conducted to determine the possible presence of historic surface conditions that could be considered environmental concerns. Table No. 1 Summary of Historic Aerial Photograph Review Year Type Scale Description 1920 B/W N.A. The 1920 aerial photograph shows that the assessed property and the properties adjacent to the assessed property appear to be commercial-type buildings B/W N.A. The 1951 aerial photograph shows the assessed property and the adjacent properties essentially as they were in the 1920 photograph. There is additional development across the street where the former greenhouses were located. Additionally, a couple of the buildings to the east have been demolished and appears to be parking. In each of the aerial photographs reviewed, there does not appear to be evidence of environmental concerns on the assessed property. However, adjacent properties, primarily to the north, have activities that may be of concern (i.e., gasoline filling station at northeast corner of Main Street and High Street).

9 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page REGULATORY DATABASE REVIEW The following section is based on public information obtained from various federal, state, and local agencies that maintain environmental regulatory databases. These databases provide information about the regulatory status of a subject site and incidents involving use, storage, spilling or transportation of oil or hazardous materials. The database information was gathered by a professional data search service, Toxics Targeting, Inc. of Ithaca, New York. A discussion of the federal, state and local regulatory information that was reviewed is presented in the following sections and a copy of the report is included in Appendix B. 6.1 Federal Agency Databases Federal database information provided by Toxics Targeting, Inc. was reviewed. These reports and the radius searched are presented below and are discussed in the following sections. Table No. 2 - Federal Database Summary Database National Priorities List (NPL Database) Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS Database) Resource Conservation and Recovery Act (RCRA) Corrective Action Sites (CORRACTS) TSD Facilities (CORRACTS Database) RCRA Non-CORRACTS TSD Facilities (RCRIS TSD Database) RCRA Generators (RCRIS-LQG and SQG Database) Emergency Response Notification System (ERNS) Database Radius Searched 1 mile ½ - mile 1 mile 1 - mile ¼ - mile Site National Priorities List (NPL) A review of the April 2012 NPL database indicated that the subject site in not a listed NPL site and that there are no identified sites within the search distance Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) A search of the November 2011 CERCLIS database indicated that the subject site is not a listed CERCLIS site and that there are no identified sites within the search distance RCRA Corrective Action Sites (CORRACTS) A review of the March 2012 CORRACTS database indicated that the subject site is not a listed CORRACTS site and that there are two (2) identified sites within the search distance (Century Center and Buffalo Tin Plating) Resource Conservation and Recovery Information System (RCRIS) A review of the March 2012 RCRIS - TSD database indicated that the subject site is not a listed site and that there is one (1) identified site within the search distance (Century Center).

10 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page RCRA Generators (SQG & LQG) A review of the February 2012 RCRA Generators database indicated that the subject site (a.k.a. 23 High Street) is a listed RCRA Generator site from 1988 as Northeast Tower, Inc./Lams Dry Cleaners. However, this company shows no activity at this address and has another address in Brooklyn, New York. Additionally, the database search identified twenty-one (21) sites within the search radius with one (1) having reported violations Emergency Response Notification System (ERNS) Database A review of the January 2000 ERNS database indicated that the subject site is not a listed ERNS site and that there are no identified sites within the search distance. 6.2 State Agency Database Review New York State database information provided by Vista was reviewed. These reports and the radius search distance used with these databases are presented below. Table No. 3 - State Database Summary Database LTANKS Spills Information SHWS Inactive Hazardous Waste Disposal Sites SWF/LF Facility Register UST Petroleum Bulk Storage New York Spills Radius Searched ½ - mile 1 mile ½ mile ¼ - mile ½ - mile LTANKS Database A review of the April 2012 LTANKS database indicated that the subject site is not a listed LTANKS site. However, the database search identified twenty-seven (27) sites within the search radius. The one (1) tank failure file associated with the leaking tank for 979 Main Street is closed SHWS Inactive Hazardous Wastes Disposal Sites A review of the March 2012 SHWS database indicated that the subject site is not a listed SHWS site and that there is one (1) identified site (Osmose Wood Preserving) within the search distance Solid Waste Facilities/Landfills A review of the December 2001 SWF/LF database indicated that the subject site is not a listed SWF/LF site and that there are no identified sites within the search distance.

11 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page UST Petroleum Bulk Storage Database A review of the March 2012 UST database indicated that subject site is not identified as a UST site. However, the database identified four (4) sites within the search radius (Cumberland Farms, Buffalo General Hospital, Roswell Park Cancer Institute, and the City of Buffalo). The tanks at Cumberland Farms and the City of Buffalo have been closed New York Spills Database A review of the April 2012 NY Spills database indicated that subject site is not currently identified as a NY Spills site. However, the database identified fifty-one (51) sites within the search radius. The spill of concern is the spill that is still open (Spill # ) for the property located at the former Mobil at 979 Main Street. Several monitoring wells were installed and remedial actions have been ongoing at this property. 6.3 Freedom of Information Law Requests Fisher Associates submitted a Freedom of Information Law (FOIL) inquiry to the New York State Department of Environmental Conservation (NYSDEC). This request was submitted on June 29, 2012 for the subject parcel and the parcels located at Main Street, Main Street, 40 High Street, High Street, and 978 Main Street. A copy of the inquiry is included in Appendix E. However, a response to the written FOIL request was not available within the time frame requested for this report. Data obtained through the FOIL request submittal will be transmitted to UBFS and SUCF under separate cover as appropriate ASBESTOS CONTAINING MATERIAL EVALUATIONS 7.1 Asbestos An asbestos containing materials inspection was not conducted as part of this ESA. However, Building Department records at the City of Buffalo that indicate that asbestos roofing materials were removed from the building prior to the demolition work INTERVIEWS Fisher Associates has attempted to interview individuals with specific knowledge of the subject site as part of this assessment. The information provided by each will be discussed under separate cover when responses are received FINDINGS AND CONCLUSIONS This ESA has been conducted for the subject site located at (a.k.a. 23 High Street) in the City of Buffalo, New York in general conformance with ASTM Standard E , Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment process and general accepted practices.

12 Phase I Environmental Site Assessment September 5, 2012, Buffalo, New York Page 9 The study included a site reconnaissance, a review of site history, interviews with knowledgeable individuals, and a review of selected local, state and federal regulatory records. Based on prior knowledge of possible environmental liability associated with the assessed property or adjacent properties, subsurface explorations and chemical testing of soil and groundwater were conducted as part of this assessment at the request of the UBFS and SUCF. No assessment for the presence of lead hazards or radon was completed. On the basis of the observations made and the information reviewed during the course of this site assessment, it is our opinion that the available historical and surficial evidence indicates the potential for recognized environmental conditions at the assessed property. The potential for the off-site property environmental concerns identified in the federal and state database search are close enough to the assessed property and, based on soil and groundwater analysis conducted concurrently with this site assessment, appear to be having an impact on the assessed property and are an environmental concern to the assessed property. A detailed analysis of subsurface conditions is being prepared under separate cover. The report expands upon the subsurface investigations conducted and the soil and groundwater analysis results that indicate there is an environmental impact to the assessed property from off-site sources. This study and report have been prepared on behalf of and for the exclusive use of the University at Buffalo Foundation Services, Inc. and the State University Construction Fund solely for use as an ESA for the subject site project. This report and the findings contained herein shall not, in whole or in part, be disseminated or conveyed to any other party, nor used by any other party in whole or in part, without the prior written consent of the University at Buffalo Foundation Services, Inc. and the State University Construction Fund.

13 Figures

14 (TONAWANDA WEST) ' 33.25" W ' 10.79" N + (TONAWANDA EAST) NE QUADRANGLE NEW YORK TOPOGRAPHIC SERIES ' 51.79" W ' 10.79" N (CLARENCE CENTER) ( NW) Project Location 960 Washington Avenue Buffalo, New York (LANCASTER) ' 23.22" N ' 33.25" W ( SE) Declination MN GN ( SE) SCALE 1: Copyright (C) 2009 MyTopo Printed: Wed May 16, ' 23.22" N ' 51.79" W (ORCHARD PARK) Produced by MyTopo Terrain Navigator Topography based on USGS 1:24,000 Maps North American 1983 Datum (NAD83) Polyconic Projection To place on the predicted North American 1927 move the projection lines 6M N and 20M E GN 1.45 E MN W MILE YARDS 0 1 KILOMETER CONTOUR INTERVAL 10 FEET MEAN SEA LEVEL NE, NY 1965

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16 Appendix A Representative Photographs

17 , Buffalo, New York June 2012 Site Visit Photos Photo 1: Assessed property Looking southwest Photo 2: Assessed property Looking Southeast Page 1 of 4

18 , Buffalo, New York June 2012 Site Visit Photos Photo 3: Looking southerly along the sidewalk at the east side of the assessed property Photo 4: Looking northerly at the assessed property Page 2 of 4

19 , Buffalo, New York June 2012 Site Visit Photos Photo 5: Looking westerly across assessed property at temporary office with bank beyond Photo 6: Looking northeasterly across assessed property with temporary office in foreground Page 3 of 4

20 , Buffalo, New York June 2012 Site Visit Photos Photo 7: Looking southerly across assessed property Photo 8: Looking northeasterly across assessed property Page 4 of 4

21 Appendix B Toxics Targeting, Inc. Database Report

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23 LIMITED WARRANTY AND DISCLAIMER OF LIABILITY Who is Covered This limited warranty is extended by Toxics Targeting, Inc. only to the original purchaser of the accompanying Environmental Report ("Report"). It may not be assigned to any other person. What is Warranted Toxics Targeting, Inc. warrants that it uses reasonable care to accurately transcribe the information contained in this Report from the sources from which it is obtained. This limited warranty is in lieu of all other express warranties which might otherwise arise with respect to the Report. No one is authorized to change or add to this limited warranty. What We Will Do If during the warranty period there is shown to be a material error in the transcription of the information contained in this Report from the sources from which it was obtained, Toxics Targeting, Inc. shall refund to the original purchaser the full purchase price paid for the Report. The remedy stated above is the exclusive remedy extended to the Purchaser by Toxics Targeting, Inc. for any failure of the Report to conform with this Warranty, or otherwise for breach of this Warranty or any other warranty, whether expressed or implied. What We Won t Cover Toxics Targeting, Inc. has not and can not verify the accuracy, correctness or completion of the information contained in this Report. Information is obtained from government agencies, site owners, and other sources, and errors are common in such information. Because Toxics Targeting, Inc. can not control the accuracy of the information contained in this Report, or the uses which may be made of the information, TOXICS TARGETING, INC. DISCLAIMS LIABILITY TO ANYONE FOR ANY EVENTS ARISING OUT OF THE USE OF THE INFORMATION. TOXICS TARGETING, INC. SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THIS REPORT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT TOXICS TARGETING, INC. HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. TOXICS TARGETING, INC. EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. Period of Warranty The period of warranty coverage is ninety days from the date of purchase of this Report. There shall be no warranty after the period of coverage. ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE SHALL HAVE NO GREATER DURATION THAN THE PERIOD OF WARRANTY STATED HERE, AND SHALL TERMINATE AUTOMATICALLY UPON THE EXPIRATION OF SUCH PERIOD. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above exclusion or limitation may not apply to you. PLEASE REFER TO PAGES ONE AND FIVE FOR A DESCRIPTION OF SOME OF THE LIMITATIONS OF THIS ENVIRONMENTAL REPORT.

24 Table of Contents Introduction The Three Sections of Your Report How to Use Your Report Toxic Site Databases Analyzed In Your Report Limitations Of the Information In Your Report Section One: Your Report Summary Table One: Table Two: Table Three: Table Four: Map One: Map Two: Map Three: Map Four: Number of Identified Toxic Sites By Distance Interval Identified Toxic Sites By Direction Identified Toxic Sites By Category Identified Toxic Sites By Proximity One-Mile Radius Map Half-Mile Radius Map Quarter-Mile Radius Map Quarter-Mile Radius Close-up Map Section Two: Toxic Site Profiles Section Three: Appendices USEPA ERNS Check NY Dept of Health Radon Check Unmappable Sites Hazardous Waste Codes How Toxic Sites Are Mapped Information Source Guide Toxics Targeting, Inc. 2012

25 Introduction Toxics Targeting has combined environmental database searches, extensive regulatory analysis and sophisticated mapping techniques to produce your Environmental Report. It checks for the presence of 21 categories of government-reported toxic sites and provides detailed, up-to-date information on each identified site. The findings of your report are presented in an easy-to-understand format that: 1. Maps the approximate locations of selected government-reported toxic sites identified on or near a specified target address. 2. Estimates the distance and direction between the target address and each identified toxic site. 3. Reports air and water permit non-compliance and other regulatory violations. 4. Profiles some aspects of the usage, manufacture, storage, handling, transport or disposal of toxic chemicals at individual sites. 5. Summarizes some potential health effect information and drinking water standards for selected chemicals reported at individual sites. The Three Sections Of Your Report The first section highlights your report's findings by summarizing identified sites according to: a) distance intervals, b) direction, c) proximity to the target address and d) individual site categories. In addition, the locations of all identified toxic sites are illustrated on individual maps for each radius search distance used in your report. A close-up map illustrates the locations of all identified toxic sites, at the shortest radius search distance used in your report. Finally, a map of tax parcels and a table of selected information about those parcels are included. The second section of your report contains Toxic Site Profiles that provide detailed information on each identified toxic site. The information in each Toxic Site Profile varies according to its source. Some toxic site categories have extensive information, some have limited information. All the information is updated on a regular basis. The third section of the report contains appendices that identify: 1) on-site spills reported to the national Emergency Response Notification System (ERNS), 2) NY Dept. of Health Radon Data by zipcode, 3) various toxic sites that cannot be mapped due to incomplete or erroneous addresses or other mapping problems, 4) codes that characterize hazardous wastes reported at various facilities, 5) methods used to map toxic sites identified in your report and 6) information sources used in your report. How to Use Your Report Check Table One to see the number of identified sites by distance intervals. Check Table Two to see identified sites sorted by direction. Check Table Three to see identified sites sorted by site categories. Check Table Four to see identified sites ranked by proximity to the target address. Use Table Five to get info for the subject parcel and every parcel found on the Tax Parcel Map Refer to the various maps to see the locations of identified toxic sites. Refer to the Toxic Site Profile and Appendix sections for additional information. 1

26 Toxic Site Databases Analyzed In Your Report Search Radius One-Mile Half-Mile 1) National Priority List for Federal Superfund Cleanup: a listing of sites known to pose environmental or health hazards that are being investigated or cleaned up under the Federal Superfund program. 2) Delisted National Priority List Sites: a listing of NPL sites that have been removed from the National Priority List. One-Mile One-Mile One-Mile 3) New York Inactive Hazardous Waste Disposal Site Registry: a state listing of sites that can pose environmental or public health hazards requiring investigation or clean up. 4) New York Inactive Hazardous Waste Disposal Site Registry Qualifying: a state listing of sites that qualify for possible inclusion to the NYDEC Inactive Haz. Waste Disposal Site Registry. 5) RCRA Corrective Action Activity (CORRACTS): waste facilities with RCRA corrective action activity reported by the USEPA. Half-Mile Half-Mile 6) CERCLIS (Comprehensive Environmental Response, Compensation and Liability Information System): a federal listing of Non-NFRAP sites that can pose environmental or public health hazards requiring investigation or clean up. 7) CERCLIS NFRAP: a federal listing of CERCLIS sites that have no further remedial action planned. Half-Mile Half-Mile 8) New York State Brownfield Cleanup Sites: a listing of sites that are abandoned, idled or under-used industrial and commercial sites where expansion or redevelopment is complicated by real or perceived environmental contamination. 9) New York Solid Waste Facilities Registry: active and inactive landfills, incinerators, transfer stations or other solid waste management facilities. Half-Mile 10) New York and Federal Hazardous Waste Treatment, Storage or Disposal Facilities: sites reported by the NYS manifest system and the USEPA's Resource Conservation and Recovery Act Information System (RCRIS). Also includes the following database: RCRA violations: waste facilities with violations reported by the USEPA pursuant to the Resource Conservation and Recovery Act.. 2

27 Half-Mile 11) Toxic Spills: active and inactive or closed spills reported to state environmental authorities, including remediated and unremediated leaking underground storage tanks. This database includes the following categories: Tank Failures Tank Test Failures Unknown Spill Cause or Other Spill Causes Miscellaneous Spill Causes Quarter-Mile 12) New York State Major Oil Storage Facilities: sites with more than a 400,000-gallon capacity for storing petroleum products. Quarter-Mile Quarter-Mile 13) New York and Local Petroleum Bulk Storage Facilities: sites with more than a 1,100-gallon capacity for storing petroleum products. 14) New York and Federal Hazardous Waste Generators and Transporters: sites reported by the NYS manifest system and the USEPA's Resource Conservation and Recovery Act Information System (RCRA). Also includes the following database: RCRA violations: waste facilities with violations reported by the USEPA pursuant to the Resource Conservation and Recovery Act. Quarter-Mile 15) New York Chemical Bulk Storage Facilities: sites storing hazardous substances listed in 6 NYCRR Part 597 in aboveground tanks with capacities of 185 gallons or more and/or underground tanks of any size Half-Mile 16) New York Hazardous Substance Disposal Site Draft Study: a state listing of sites contaminated with toxic substances that can pose environmental or public health hazards. These sites are not eligible for state clean up funding programs. Quarter-Mile 17) Federal Toxic Release Inventory Facilities: discharges of selected toxic chemicals to air, land, water or treatment facilities. Quarter-Mile 18) Federal Air Discharges: Air pollution point sources monitored by U.S. EPA and/or state and local air regulatory agencies. Quarter-Mile 19) Federal Permit Compliance System Toxic Wastewater Discharges: permitted toxic wastewater discharges. Quarter-Mile 20) Federal Civil and Administrative Enforcement Docket: judiciary cases filed on behalf of the U. S. Environmental Protection Agency by the Department of Justice. 3

28 Property only 21) ERNS: Federal Emergency Response Notification System Spills: a listing of federally reported spills. 4

29 Limitations Of The Information In Your Report The information presented in your Environmental Report has been obtained from various local, state and federal government agencies. Please be aware that: 1) additional information on individual sites may be available, 2) newly discovered sites are continually reported and 3) all map locations are approximate. As a result, this report is intended to be the FIRST STEP in the process of identifying and evaluating possible environmental threats to specific properties and can only serve as a guide for conducting on-site visits or additional, more detailed toxic hazard research. Toxics Targeting tries to ensure that the information in your report is presented accurately and with minimal alteration. The only systematic changes that are made correct obvious address errors in order to allow sites to be mapped. Any address changes that are made are noted in the map information section at the top of each corresponding Toxic Site Profile. Since the information presented in your report is not edited, please be aware that it can contain reporting errors or typographical mistakes made by the site owners/operators or government agencies that produced the information. Please be aware of some other limitations of the information in your report: The map used by Toxics Targeting is the same one used by the U. S. Census. While the map is generally accurate, no map is perfect. In addition, Toxics Targeting's mapping methods estimate where toxic site addresses are located if the address is not specifically designated on the Census map. FOR THESE REASONS, ALL MAP LOCATIONS OF ADDRESSES AND REPORTED TOXIC SITES SHOULD BE CONSIDERED APPROXIMATE AND SHOULD BE VERIFIED BY ON-SITE VISITS; UNDISCOVERED, UNREPORTED OR UNMAPPABLE TOXIC SITES MIGHT NOT BE IDENTIFIED BY THIS REPORT'S CHECK OF 21 TOXIC SITE CATEGORIES. TOXIC SITES REPORTED IN OTHER GOVERNMENT DATABASES MIGHT ALSO EXIST. FOR THESE REASONS, YOUR REPORT MIGHT NOT IDENTIFY ALL THE TOXIC SITES THAT EXIST IN THE AREA IT SEARCHES; The appendix of your report contains a listing of sites that could not be mapped due to incomplete or erroneous address information or other mapping problems. This listing includes unmappable toxic sites in zip code areas within one mile of the target address as well as toxic sites without zip codes reported in the same county. IF YOU WOULD LIKE INFORMATION ON ANY OF THE LISTED SITES, PLEASE CONTACT TOXICS TARGETING AND REFER TO THE SITE ID NUMBER. Some toxic sites identified in your report may be classified as known hazards. Most of the toxic sites identified in your report involve potential hazards related to the on-site use, manufacture, handling, storage, transport or disposal of toxic chemicals. Some of the toxic sites identified in your report may be the addresses of parties responsible for toxic sites located elsewhere. YOU SHOULD ONLY CONCLUDE THAT TOXIC HAZARDS ACTUALLY EXIST AT A SPECIFIC SITE WHEN GOVERNMENT AUTHORITIES MAKE THAT DETERMINATION OR WHEN THAT CONCLUSION IS FULLY DOCUMENTED BY THE FINDINGS OF AN APPROPRIATE SITE INVESTIGATION UNDERTAKEN BY LICENSED PROFESSIONALS; Compass directions and distances are approximate. Compass directions are calculated from the subject property address to the mapped location of each identified toxic site. The compass direction does not necessarily refer to the closest property boundary of an identified toxic site. The compass direction also can vary substantially for toxic sites that are located very close to the subject property address. The information presented in your report is a summary of the information that Toxics Targeting obtains from government agencies on reported toxic sites. YOU MAY BE ABLE TO OBTAIN ADDITIONAL INFORMATION ABOUT REPORTED SITES WITH THE FREEDOM OF INFORMATION REQUEST FORM LETTERS THAT ARE PROVIDED ON THE INSIDE OF THE BACK COVER. 5

30 Section One: Report Summary Table One: Table Two: Number of Identified Toxic Sites By Distance Interval Identified Toxic Sites By Direction Table Three: Identified Toxic Sites By Category Table Four: Identified Toxic Sites By Proximity Map One: Map Two: One-Mile Radius Map Half-Mile Radius Map Map Three: Quarter-Mile Radius Map Map Four: Quarter-Mile Radius Close up Map 6

31 Copyright 2012 Toxics Targeting, Inc. May 22, 2012 NUMBER OF IDENTIFIED SITES BY DISTANCE INTERVAL Database Searched ft 100 ft - 1/8 mi 1/8 mi - 1/4 mi 1/4 mi - 1/2 mi 1/2 mi - 1 mi Site Category Totals ASTM-Required 1 Mile Search National Priority List (NPL) Sites NYS Inactive Hazardous Waste Disposal Site Registry NYS Inactive Haz Waste Disposal Site Registry Qualifying RCRA Corrective Action (CORRACTS) Sites ASTM-Required 1/2 Mile Search Delisted National Priority List (NPL) Sites CERCLIS Superfund Non-NFRAP Sites CERCLIS Superfund NFRAP Sites Brownfields Sites Voluntary Cleanup Program Environmental Restoration Program Brownfield Cleanup Program NYSDEC Solid Waste Facilities / Landfills RCRA Hazardous Waste Treatment, Storage, Disposal Sites NYS Toxic Spills Active Tank Failures Active Tank Test Failures Active Spills - Unknown / Other Causes Active Spills - Miscellaneous Causes Closed Tank Failures Closed Tank Test Failures Closed Spills - Unknown / Other Causes Closed Spills - Miscellaneous Causes (36) Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched Not searched (36) ASTM-Required Property & Adjacent Property (1/4 Mile Search) NYS Major Oil Storage Facilities Not searched Not searched 0 Local & State Petroleum Bulk Storage Sites Not searched Not searched 4 RCRA Hazardous Waste Generators & Transporters Not searched Not searched 21 NYS Chemical Bulk Storage Sites Not searched Not searched 0 Emergency Response Notification System (ERNS) 0 Not searched Not searched Not searched Not searched 0 Institutional Controls / Engineering Controls (IC/EC) See databases for NPL, CERCLIS, Inactive Hazardous Waste Disposal Site Registry and Brownfield Sites ASTM-Required Databases Distance Interval Totals (36) 1 119(36) Numbers in ( ) indicate spills not mapped and profiled in this report, and are listed at the end of the active and closed spills sections. See these lists for a description of the parameters involved with identifying these spills. NOTE: Table continues on next page.

32 Copyright 2012 Toxics Targeting, Inc. May 22, 2012 Non-ASTM Databases 1/2 Mile Search Hazardous Substance Waste Disposal Sites Not searched 0 Non-ASTM Databases 1/4 Mile Search Toxic Release Inventory Sites (TRI) Not searched Not searched 0 Permit Compliance System (PCS) Toxic Wastewater Discharges Not searched Not searched 0 Air Discharges Not searched Not searched 2 Civil & Administrative Enforcement Docket Facilities Not searched Not searched Non-ASTM Databases Distance Interval Totals Not Searched Distance Interval Totals (36) 1 121(36) Numbers in ( ) indicate spills not mapped and profiled in this report, and are listed at the end of the active and closed spills sections. See these lists for a description of the parameters involved with identifying these spills.

33 Identified Toxic Sites by Direction Buffalo, NY * Compass directions can vary substantially for sites located very close to the subject property address. Sites less than 100 feet from subject property sorted by distance Approximate Map Distance & Direction Toxic Site Id# Site Name Site Street From Property Category No sites found less than 100 feet from subject property Sites between 100 ft and 660 ft from the subject property sorted by direction and distance Approximate Map Distance & Direction Toxic Site Id# Site Name Site Street From Property Category FORMER MOBIL SERVICE STATION 99-MST 979 MAIN STREET 219 feet to the N Brownfields Site 102 RESEARCH INSTITUTE OF ALCHOLISM 1021 MAIN STREET 587 feet to the N Hazardous Waste Generator/Transporter 103 ERIE COUNTY PUBLIC HEALTH LAB 1021 MAIN ST 587 feet to the N Hazardous Waste Generator/Transporter 7 OIL AT HIGH STREET 999 MAIN AND 24 HIGH 256 feet to the NNE Active Haz Spill (Unknown/Other Cause) 36 GENERAL HOSPITAL 999 MAIN STREET 256 feet to the NNE Closed Status Spill (Unk/Other Cause) 72 GENERAL HOSPITAL GOODRICH ST/ELLICOTT ST 659 feet to the NE Closed Status Spill (Misc. Spill Cause) 99 NORTHEAST TOWER INC 23 HIGH ST 142 feet to the E* Hazardous Waste Generator/Transporter 101 HAUPTMAN WOODWARD MEDICAL 73 HIGH ST 587 feet to the E Hazardous Waste Generator/Transporter 71 NATIONAL FUEL GAS CARLTON AND WASHINGTON ST 587 feet to the S Closed Status Spill (Misc. Spill Cause) 104 DEPT OF COMMUNITY DEVELOPMENT 9 CARLTON ST 647 feet to the SSW Hazardous Waste Generator/Transporter 9 PHYSICANS IMAGING 979 MAIN STREET 228 feet to the NNW Closed Status Tank Failure 100 CITIBANK 1008 MAIN ST 434 feet to the NNW Hazardous Waste Generator/Transporter 70 NIAGARAMO/BRYANT STRATON 1028 MAIN STREET 576 feet to the NNW Closed Status Spill (Misc. Spill Cause) Sites equal to or greater than 660 ft from subject property sorted by direction and distance Approximate Map Distance & Direction Toxic Site Id# Site Name Site Street From Property Category CUMBERLAND FARMS 1038 MAIN ST 679 feet to the N Hazardous Waste Generator/Transporter 73 NIAGARA MOHAWK TRANSFORME 1031 MAIN STREET 681 feet to the N Closed Status Spill (Misc. Spill Cause) 95 CUMBERLAND FARMS # MAIN ST 701 feet to the N Petroleum Bulk Storage Site

34 38 CUMBERLAND FARMS/GULF 1038 MAIN STREET 702 feet to the N Closed Status Spill (Unk/Other Cause) 74 CUMBERLAND FARMS 1038 MAIN STREET 702 feet to the N Closed Status Spill (Misc. Spill Cause) 75 ARG TRUCKING 1038 MAIN STREET 702 feet to the N Closed Status Spill (Misc. Spill Cause) 10 NIRELLI S GULF STATION 1038 MAIN & NORTH 703 feet to the N Closed Status Tank Failure 76 WENDY,S MAIN AND NORTH STREETS 748 feet to the N Closed Status Spill (Misc. Spill Cause) 77 A.R.G. TRUCKING CO. MAIN AND NORTH ST. 748 feet to the N Closed Status Spill (Misc. Spill Cause) 22 MAIN - SUMMER CORPORATION MAIN & SUMMER STREETS 1630 feet to the N Closed Status Tank Failure 28 MID CITY OFFICE EQUIPMENT 1220 MAIN STREET 2516 feet to the N Closed Status Tank Failure 39 HEARING AND SPEEC 50 EAST NORTH STREET 957 feet to the NNE Closed Status Spill (Unk/Other Cause) 1 OSMOSE WOOD PRESERVING 980 ELLICOTT STREET 1819 feet to the NNE NYSDEC Inactive Haz Waste Disposal Site 23 OSMOSE WOOD PRESERVING 980 ELLICOTT STREET 1853 feet to the NNE Closed Status Tank Failure 53 OSMOSE WOOD 980 ELLICOTT STREET 1853 feet to the NNE Closed Status Spill (Unk/Other Cause) 54 OSMOSE PRODUCT RELEASE 980 ELLICOTT ST 1853 feet to the NNE Closed Status Spill (Unk/Other Cause) 55 OSMOSE 980 ELLICOTT ST 1853 feet to the NNE Closed Status Spill (Unk/Other Cause) 93 NOCO ENERGY-980 ELLICOTT 980 ELLICOTT STREET 1853 feet to the NNE Closed Status Spill (Misc. Spill Cause) 61 ARTSPACE MAIN STREET 2301 feet to the NNE Closed Status Spill (Unk/Other Cause) 62 FORMER SARABETH BLDG MAIN AND 2301 feet to the NNE Closed Status Spill (Unk/Other Cause) 63 FORMER SARA BETH BUILDING MAIN STREET 2301 feet to the NNE Closed Status Spill (Unk/Other Cause) 64 CAO DART 1237 MAIN STREET 2370 feet to the NNE Closed Status Spill (Unk/Other Cause) 26 AGASSIZ HOLDINGS INC MAIN STREET 2394 feet to the NNE Closed Status Tank Failure 11 GENERAL HOSP 50 HIGH STREET 852 feet to the ENE Closed Status Tank Failure 29 GENERAL HOSPITAL 100 HIGH STREET 852 feet to the ENE Closed Status Tank Test Failure 78 GENERAL HOSPITAL 112 GOODRICH AVENUE 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 79 GENERAL HOSPITAL 100 HIGH STREET 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 80 GENERAL HOSPITAL NORTH STREET 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 81 BLD SITE OF GENERAL HOSPITAL CORNER NORTH ST AND ELLICOTT ST 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 82 GENERAL HOSPITAL GOODRICH 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 83 GENERAL 100 HIGH STREET 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 84 GENERAL HOSPITAL 100 HIGH STREET 852 feet to the ENE Closed Status Spill (Misc. Spill Cause) 108 CMX LABORATORIES 50 HIGH STREET 860 feet to the ENE Hazardous Waste Generator/Transporter 109 GENERAL HOSPITAL 100 HIGH ST 860 feet to the ENE Hazardous Waste Generator/Transporter 110 GENERAL HOSPITAL 100 HIGH ST 860 feet to the ENE Hazardous Waste Generator/Transporter 111 GENERAL HOSPITAL 100 HIGH ST 860 feet to the ENE Hazardous Waste Generator/Transporter 112 MULTILAB - FIRST FLOOR 100 HIGH ST ROOM feet to the ENE Hazardous Waste Generator/Transporter 96 GENERAL HOSPITAL 100 HIGH ST 883 feet to the ENE Petroleum Bulk Storage Site 120 GENERAL HOSPITAL 100 HIGH ST 908 feet to the ENE Air Discharge Site 5 CITY MISSION (E. NORTH ST & MICHIGAN AVE) 150 EAST NORTH STREET 1734 feet to the ENE Brownfields Site 12 NYSDOH ROSWELL PARK ELM AND CARLTON STREETS 1104 feet to the ESE Closed Status Tank Failure 13 NYSDOH ROSWELL LOADING DK ELM & CARLTON 1104 feet to the ESE Closed Status Tank Failure 14 ROSWELL PARK 666 ELM STREET 1104 feet to the ESE Closed Status Tank Failure 30 ROSWELL CANCER INSTITUTE ELM AND CARLTON STREETS 1104 feet to the ESE Closed Status Tank Test Failure 31 ROSWELL PARK ELM AT CARLTON 1104 feet to the ESE Closed Status Tank Test Failure 41 ROSWELL PARK CANCER INST CARLTON STREET 1104 feet to the ESE Closed Status Spill (Unk/Other Cause) 42 ROSWELL PARK CANCER INST CARLTON STREET 1104 feet to the ESE Closed Status Spill (Unk/Other Cause) 43 ROSWELL PARK CANCER INSTI MICHIGAN AT HIGH 1104 feet to the ESE Closed Status Spill (Unk/Other Cause) 44 J & I DISPOSAL 666 ELM STREET 1104 feet to the ESE Closed Status Spill (Unk/Other Cause) 45 ROSWELL PARK 666 ELM STREET 1104 feet to the ESE Closed Status Spill (Unk/Other Cause) 86 ROSWELL PARK MICHIGAN AND HIGH 1104 feet to the ESE Closed Status Spill (Misc. Spill Cause) 87 ROSWELL PARK MICHIGAN & HIGH STREETS 1104 feet to the ESE Closed Status Spill (Misc. Spill Cause) 88 ROSWELL PARK CANCER INST. MICHIGAN AND HIGH STREETS 1104 feet to the ESE Closed Status Spill (Misc. Spill Cause)