Case 1:08-cv-01031-RHB Doc #168 Filed 08/31/10 Page 26 of 37 Page ID#4046

MICHIGAN

DEPARTMENT

OF ENVIRONMENTAL

QUALITY

INTEROFFICE

COMMUNICATION

TO

Maureen Houghton
Grants Management

Grants Specialist Michigan Department

of

Natural

Resources

FROM

Lorraine

Thomas Kalamazoo

District

Office

Remediation

and Redevelopment

Division

DATE
SUBJECT

December

13 2007
Harbor Jean Klock Park Mitigation
for the

City of

Benton

Harbor Shores Golf

Course

Berrien

County Michigan

Following

our telephone

conversation

on December
parcels with

10 2007
Department

discussed

the

soil

contamination Quality past

on the Benton

Harbor park mitigation

of Environmental

DEQ

Remediation

and Redevelopment
results

Division generic

toxicologist
residential

As you know
criteria

in

the

we had

compared

the soil sample

with the

cleanup Resources
criteria

as established
Protection

under Part 201 because

Environmental
as

Remediation

of the

Natural

Environmental

Act 1994 PA 451

the

amended
and

NREPA
discussed
criteria

Generic
generic the

residential

was used
cleanup

for

comparison

DEQ

has not established

state-wide
feasibility for

recreational

criteria of

Specifically
site-specific

the toxicologist recreational

and appropriateness
similar recreational

using
in

cleanup

established

facility

Buchanan
since the the

Berrien County for arsenic

direct

soil contact

issues are

and reached the conclusion

in

that than

expected

use parameters
at to

at

the

Buchanan
Benton

facility

fact

more
areas

conservative
it

anticipated

use patterns

the

proposed

Harbor mitigation on the Benton

would be areas

appropriate

and reasonable
recreational
It

use the Buchanan

criteria to

criteria

Harbor mitigation
of

The Buchanan
days/year
will

cleanup
difficult

was based on an exposure frequency

what the actual days/week
of for

100

for

children

is

predict

use

of

the

Benton

Harbor areas
well

be

but

100 days per year allows

during
of

use

for

June

July and August as

as

days/week October

the

spring and during

fall

months

March

Use

the

park

November
for the

January
in

May and September and February when the surface

through
direct

through
soil is

either frozen

or

snow covered
cleanup
direct

should

not result

any
site

contact calculated
criteria

to

any
at

contaminated

soils

The

recreational
for Arsenic

criteria

Buchanan

was

25 parts per

million

ppm

contact

and

is

not

Part 201

generic

Following

this

logic

reviewed

the

data

submitted

in

the April
well

2007

Evaluation

of

Jean

Klock

Park Mitigation
of Compliance indicates the

Parcels with the

submitted

by Earth

Tech

as

as the

Part 10 Rules submitted by Gannett

Fleming

November 2007 Documentation The analysis of that data

following

Parcel

has no exceedance

of

generic

residential

cleanup

criteria

or the

25 ppm

Arsenic value
Parcel

has no exceedance

of

generic

residential

cleanup

criteria

or the 25

ppm

Arsenic value
Parcel Parcel
is

not

facility

as defined locations

by Part 201
contamination

has
criteria

sample
or the

where

exceeds
location
direct

the
is

generic

residential
soil will

cleanup

25

ppm

Arsenic value

The
for

first

80-2

which has That

location

contamination

that

exceeds

the generic

criteria

Lead

contact

D010001455

Case 1:08-cv-01031-RHB Doc #168 Filed 08/31/10 Page 27 of 37 Page ID#4047

Maureen Houghton
of Page December

13 2007

be remediated proposed
but the
golf

by placement course that

of

minimum
area
the golf

of

of

fill

for

the

development be used
will

of the

mitigation to

will

not physically landscaping

for
in

the golf

course
of

because
fill

of its proximity the

course

result
is

placement which
is

covering the

sample
Arsenic

location

80-2
That

The second
is

location

SB-3

exceeds

25

ppm

value

location plain that

physically

submerged and
likelihood

approximately

below the 100 year flood

contact with any
soil
in

elevation
location of
is

The

of persons
is

coming

in

physical
to of

minimal

The area

not

conducive presence
Parcel Arsenic Parcel

either fishing
cattails

or swimming

because species
residential

the

shallow

water depth and the

and other wetland

of

has no exceedance value

generic

cleanup

criteria

or the

25

ppm

ppm
soils

Arsenic

has one sample location 116-3 where soil contamination exceeds the 25 value Placement of an isolation zone to restrict contact with contaminated
of

meets the requirements

area would
result
in

Part 201

of the

NREPA
meet

but excavation
residential criteria

of the

soils

in

that

remediation
of

of the

site to

criteria

Parcel Arsenic Parcel

has no exceedance value

received order with
limited

generic

residential

cleanup

or the

25

ppm

residential

closure

from the

DEQ

as

result

of completing
in

consent

the

United

States

Environmental

Protection

Agency

2003 2007

In

addition

the

Documentation
of

of

Compliance
trails will

with the Part 10

will

Rules dated November

of either

specifies concrete

that

all

the

proposed

and walkways
provide

be constructed
isolation

asphalt
remaining

or crushed

stone which

an

additional

zone

for

any

contamination

In

conclusion

compliance

with the

Documentation
in

of

Compliance
allow

with

the Part 10 Rules protection

for the

document

and the proposed

changes

this

memo

should

reasonable

use of the proposed

mitigation

areas as public parkland

DOI000 1456