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Michigan Department of Environmental Quality Memorandum 12 13 2007

Michigan Department of Environmental Quality Memorandum 12 13 2007

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Published by: ProtectJKP on Feb 28, 2012
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02/28/2012

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MICHIGAN
DEPARTMENT
OF ENVIRONMENTAL QUALITY
INTEROFFICE
COMMUNICATION
TO
MaureenHoughton
Grants
Specialist
Grants
Management
Michigan Department
of
Natural
Resources
FROM
Lorraine
Thomas
Kalamazoo
District
Office
Remediation
andRedevelopment
Division
DATE
December13
2007
SUBJECT
City
of
Benton
Harbor
Jean
Klock Park
Mitigation
for
the
Harbor Shores
Golf
Course
Berrien
County Michigan
Followingour
telephone
conversation
on
December10 2007
discussed
the
soil
contamination
on
the
Benton
Harbor
park
mitigation
parcels
with
Department
of
Environmental
Quality
DEQ
Remediation
andRedevelopment
Division
toxicologist
As
you
know
in
thepast
we
had
compared
the
soil
sample
results
with
thegeneric
residential
cleanup
criteria
as
established
under
Part
201
EnvironmentalRemediation
of
the Natural
Resources
Environmental
Protection
Act
1994
PA
451
as
amended
NREPA
Generic
residential
criteria
was
used
for
comparison
because
the
DEQ
has
not establishedgeneric
state-wide recreational
cleanup
criteria
Specifically
the
toxicologist
and
discussed
the
feasibility
and
appropriateness
of
using
site-specific
recreational
cleanup
criteria
established
for
similar
recreational
facilityin
Buchanan
Berrien
County
for
arsenic
direct
soil
contact issues
and
reached
the conclusion
that
since the
expected
use
parameters
at
the
Buchanan
facility
are
in
fact
more
conservative thanthe
anticipated
use
patterns
at
the
proposed
Benton
Harbor
mitigation
areas
it
would
be
appropriate
and
reasonable
to
use
the
Buchanan
criteria
on
the
Benton
Harbor
mitigation
areas
TheBuchanan
recreational
cleanup
criteria
was
basedon an
exposure frequency
of
100
days/year
for
children
It
is
difficult
to
predict
what
the actual
use
of
the
Benton
Harborareas
will
be
but
100
days
per
year
allows
use
for
days/week
for
June
July
and
August
as
well
as
days/week
duringthe
spring
and
fall
months
of
March
through
May
andSeptember
through
October
Use
of
thepark during
November
January
and
February
when
the surface
soil
is
either
frozen
or
snow
covered
should not
result
in
any
direct
contact
to
any
contaminated
soils
The
recreational
cleanup
criteria for
the
Buchanan
site
was
calculated
at
25
parts
per
million
ppm
for
Arsenic
direct
contact
and
is
not
Part
201
generic
criteria
Following
this
logic
reviewed
thedata submitted
in
the
April
2007
Evaluation
of
Jean
Klock
Park
Mitigation
Parcels submitted
by
Earth
Tech
as
well
as
the
November2007
Documentation
of
Compliance
with
the
Part
10
Rules
submitted
by
GannettFleming
The
analysis
ofthat
data
indicates
the
following
Parcel
hasno exceedance
of
generic
residential
cleanup
criteria
or
the
25
ppm
Arsenic
value
Parcel
hasno exceedance
of
generic
residential
cleanup
criteria
or
the
25
ppm
Arsenic
value
Parcel
is
not
facility
as
defined
by
Part
201
Parcel
has
sample
locations
where
contamination
exceeds
thegeneric
residential
cleanup
criteria
or
the
25
ppm
Arsenic
value
The
first
location
is
80-2
which
has
soil
contamination
that
exceeds
thegeneric
criteria for
Lead
direct
contact That
location
will
D010001455
 
Maureen
Houghton
Page
of
December13
2007be
remediatedby placement
of
minimum
of of
fill
for
the
development
of
the
proposed
golf
course
that
mitigation
area
will
not
physically
beused
for
the
golf
course
but
because
of
its
proximity
to
the
golf
course
landscaping
will
result
in
placement
of
the
fill
coveringthe
sample
location
80-2
The
second
location
is
SB-3
which
exceeds
the
25
ppm
Arsenic
value That
location
is
physically
submerged
and
is
approximately
below
the
100
year
flood
plain
elevation
The
likelihood
of
persons
coming
in
physical
contact
with
any
soil
in
that location
is
minimal
The
area
is
not
conducive
to
either
fishing
or
swimmingbecause
of
the shallow
waterdepth
and
the
presence
of
cattails
and
other
wetlandspecies
Parcel
has no exceedance
of
generic
residential
cleanup
criteria
or
the
25
ppm
Arsenic
value
Parcel
has one
sample
location
116-3
where
soil
contamination
exceeds
the
25
ppm
Arsenic
valuePlacement
of
an
isolation
zone
to
restrict
contact
with
contaminated
soils
meets
the
requirements
of
Part
201
of
the
NREPA
but excavation
of
the
soils
in
that
area
would
result
in
remediation
of
the
site
to
meet
residential
criteria
Parcel
has no exceedance
of
generic
residential
cleanup
criteria
or
the
25
ppm
Arsenic
value
Parcel received
limited residential
closure
from
the
DEQ
as
result
of
completingconsent
order with
the United States
Environmental
Protection
Agency
in
2003
In
addition
the
Documentation
of
Compliance
with
the
Part
10
Rules dated
November2007
specifiesthat
all
of
the
proposed
trails
andwalkways
will
be
constructed
of
either
asphalt
concrete
or
crushed stone which
will
provide
an
additional
isolation
zone
for
any
remaining
contamination
In
conclusioncompliance
with
the
Documentation
of
Compliance
with
the
Part
10
Rules
document
and
the
proposed
changes
in
this
memo
should
allow
reasonable
protection
for
the
use
of
the
proposed
mitigation
areas as
public
parkland
DOI000
1456
 
December
2007
HARBOR\ 
SHORES
Ms
Maureen
Houghton
Grants
Management
MDNR
530
Allegan
Lansing
MI
48933
Re
Documentation
of
Compliance
with
the
Part
10
Rules
Jean
Klock Park
Mitigation
Parcelsthrough
Benton
Harbor
and Benton
Township
Berrien
County
Michigan
Dear
Ms
Houghton
Enclosed
for
your
review
is
copy
of
the
Documentation
of
Compliance
with
the
Part
10
Rules
for
the
Jean
Kiock Park
Mitigation
Parcels located
in
Benton
Harbor
and Benton
Township
Berrien
County Michigan
If
youhaveany
questions
pleasecontact
me
Best
regards
Harbor Shores
Community Redevelopment
Inc
Enclosure
cc
Ms
Lorraine
Thomas
400
RIVERVIEW DRIVE
SUITE 420
BENTON
HARBOR
MI
49022 269926 6688 269926.8088
WWW.HARBORSHORESRESORT
COM
Trustee
DOI000
1457

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