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HomeMy WebLinkAboutEnviromental Real Estate assessment-1989 f � . Offices: � Minneapolis, Minnesota � Tampa, Flo�ida �'`� �Q Coralville, lowa l.•i O�tO�I`iS� ��. Novato. Califomia ►�o�essaMu�w�►rT�cu cNtwtnr a craa+ee��c L83WOOd, Kansas 1710 Douglas Drive No�th o Minneapolis,MN 55422 o Phone(612)544-5543 o FAX(612)544-3974 September 22, 1989 Mr. Maurlce J. Wagerer Bayport Marina and Yacht Club. Inc. 12520 Wayzata Boulevard � Minnetonka. MN 55343 RE: Environmental Real Estate Assessment Smlths Bay Marina . 1950. 1955, 1960 Shoreline Drive Orono, Min�esota PACE Project No. 890831 .202 Dear Mr. Wagener: Enclosed is our environmental real estate assessment for the properties located at 1950. 1955. and 1960 Shorellne Or1ve in Orono, Minnesota. The scope of thts pro�ect ts outllned in our proposal dated September 11 , 1989. The purpose of an environmental real estate assessment is to determine 1f there is any evidence of asbestos. polychlorinated biphenyls. hazardous and so11d wastes, underground storage tanks� soil contamination, wastewater non-compliance, ground water quality problems and proximity to Superfund sites which may impact the property. In preparing thls report� the Minnesota Pollution Control Agency, Minnesota Geological Survey, Mlnnesota Department of Health� and the C1ty of Orono were contacted. Site Visit On August 31 � 1989, Ms. Mary Moore and Mr. Steven Warren of PACE Laboratories. Inc. conducted a site visit to the referenced property. Mr. Gerald Toberman accompanied us on a tour of the property. Facility Descriotion � ' The referenced property encompasses three parcels of land. One parcel contains Smiths Bay Marina. The Marina consists of a dock and a small maintenance bullding which Mr. Toberman indicated would be torn down. The second parcel contains a building which is currently unoccupied. The age of the bui )ding is unknown. In the past thls property contained a gas statlon. The third parcel contalns tNo cabins, a duplex, and a garage. We rvere unable to inspect these butldings since they are currently occupied. an equal oppo�cunity employer i ' Mr. Maurice J. Waqener Pro�ect No. 890831 .202 September 22, 1989 Page 2 A�4�� . The s1x butldings on the property w111 be described below along with the observations of any suspect asbestos containing matertals located tn/on the butidings. The cabtns. garage and duplex were� not tnspected� therefore. information on the presence of asbestos contalning materials is not available. Former Gas Station This building 1s a one story masonry structure constructed o� a concrete slab at grade. The roof 15 a metal deck on steel bar �oists with a built-up tar and gravel covering. There Nas no sprayed-on flreprooftng or other surface coatings observed on the butlding's structural members. To maintaln the integrity of the roof, samples of roofing tars and felts were not collected; however, these materials may contaln asbestos. Building heat is provided by a natural gas-fired forced air system. Asbestos containing building materials were not observed and are normally not utilized in the constructlon of this type of heating system. The ductwork for the heating system was observed to be uninsulated or insulated with fiberglass. Domestic hot water is supplied by an electrlc water heater similar to those used in residential appllcations. The wa.ter heater was observed to be insulated wlth flberglass. The hot water pipes are uninsulated. There was suspended ceiling tile located in several rooms. A sample of this ceiling tile was collected and analyzed. As is shown in Table 1 , Sample No. AB-001 S6, asbestos was not detected. Maintenance Building This building 1s a one story wood structure constructed on a concrete slab at grade. The roof is a wood deck on Nood rafters covered with asphalt type shingles. There were no sprayed-on flreproofing or other surface coatings observed on the buildings structural members. A sample of the shingles and tar paper was collected and analyzed. As is shown 1n Table No. 1 , Sample No. AB-002 S6, asbestos was not detected. The building is not heated and has no water source. The interlor walls are covered Nith a solid wallboard (pegboard). A sample of this material was collected and analyzed. As is shown in Table 1 , Sample No. AB-003 SB� asbestos was not detected. � Dunlex - Access not provided. Cabins - Access not provided. Garaae - Access not provided. Mr. Maurlce J. Wagener Pro�ect No. 890831 .202 , ; September 22, 1989 � Page 3 In summary. no sprayed-on or other suspected asbestos' contatning materials were observed on the buildtng surfaces or as part of the bu11d1ng systems or appllances for the former gas stafilon or malntenance bulldings. �The roofing materials present on the former gas station may contain asbestos; however. this was not verlfied by sample analysis. The presence of asbestos containing materlals in the other bulldings is unknown. QQlxchlorinated Bi�enyls Interlor 1lghtinq tn the former garage buildtng 1s a combination of incandescent and fluorescent. The cabins and duplex most 1lkely have lncandescent lighting. The age of these buildings 1s unknown. PCBs may have been used 1n fluorescent 11ght ftxtures unt11 this usage Nas banned in 1979. Since the aqe of the buildings is not known, it 1s possible that some of the fluorescent light fixture ballasts could contaln PCBs. Currently, fluorescent 11ght flxtures containing PCB ballasts may be disposed wlth munlcipal solid waste, although there ts proposed state legislatlon which would stop thts practice. A dry type transformer Nas observed in the former garage building. Dry type transformers do not contain PCBs. Outside of the buildings a ground mounted and pole mounted transformer was observed. It is assumed the transformers are owned by the local electric company. These transformers were unlabeled with respect to PCB content. However. electrtc compantes are requlred to label any transformer contalning PCBs in regulated quantities� whlch 1s deflned as PCBs at or above 500 parts per milllon (ppm). Therefore 1t is assumed the transformers contaln less than 500 ppm of PCBs. Drinking Nater Sunnlv Drinking water is supplied by three private ground water wells on-site. The Mlnnesota Department of Health was contacted for requlrements of private drinking water wells. The Minnesota Department of Health stated that there are no rules governing private wells. HoNever, the Department of Health recommends testing the drinking water for coliform and nitrates. SanitarY.Sewer The buildings on-slte are served by the municlpal sewer system. Currently no Hastewater other than sanitary 1s discharged to the seaer system. Storm Nater Run-off The storm Nater run-off from the buildings and property 1s discharged to Lake Minnetonka. Currently� storm water run-off is not required to have a permit. Regulations regarding storm water run-off are being updated to reflect the Congresslonal passage of the Water Quality Act of 1987. If such a permit is required 1n the future. it probably would be granted by the City of Orono or other governmental body. Mr. Maurice J. Wagener Pro�ect No. 890831 .202 _. September 22, 1989 � Page 4 Minnesota Geoloaical Survev ' Well logs at the Mlnnesota Geolo91ca1 Survey (MGS) were revlewed to determine 1f the three wells on the property are listed. These three wells are not 1lsted. It 1s recommended that these wells be recorded xfth MGS. The well at Smlths Bay Marina is not currently 1n use. If the aell ts not to be used 1t should be properly closed. Well closure procedures must be done 1n accordance with Minnesota Well Construction Code 4725 by a licensed water well f1rm. Minnesota Pollution Control Aaen4Y (MPCA) - Pro�erty Transfer File Evaluation The MPCA was requested to conduct a limited file search to determine if the area within an approprlate one-mile radlus of the property contalned any sltes with known hazardous substances. To date. we have not recelved their response. When we recelve the MPCA lnformatton. we will lssue the flndings 1n an addendum to this report. Undergrou�d Storage Tank (UST) On-Site The MPCA was contacted to determine 1f there are any UST recorded for the referenced propertles. The MPCA stated that there are no UST registered to 1950, 1955. or 1960 Shoreline Drive. However. on our site visit, a UST was observed at Smlths Bay Marina. Thts tank is a 3.000 gallon gasoline UST and was installed approxlmately six years ago. Thts tank needs to be registered with the MPCA. A UST notification form is enclosed as Attachment A. In May of 1988 this tank was tested to determine if it was leaking by Determan Welding. The results of this testing are included in Attachment B. The results shoa that the tank passed the tank tightness test. As of January 1989, the Federal EPA approved regulations regarding existing UST. These regulations are summarized in Attachment C. These regulations require leak detection by December of 1993 and sp111 overfill protectio� and corrosion protection by December of 1998 provided this tank was lnstalled after 1980. The City of Orono Nas contacted regarding the former gas station. The city representative stated that three tanks xere removed 1n the summer of 1987. All three UST contained gasoline. At the time of removal approximately 150-200 gallons of gasoline were spilled from o�e tank. This occurred because the tank was not emptied prior to removal . According to the C1ty of Orono the � spill was properly removed. NoNever� these UST are not registered xith the MPCA. The MPCA reco�nend completing a notification form for each tank indicating that the tank has been removed. 9ff-S1tg Information on leaking UST in the area w111 be lncluded wlth the MPCA information. � Mr. Maurice J. Wagener Pro�ect No. 890831 .202 September 22. 1989 Page 5 Other Envlronmental Concerns Various paint related matertals were observed in the former garage building. If these are not tn use. they should be properly disposed. A tlre was observed on Smlths Bay parcel of land. If thts tire is damaged or defective it 1s consldered to be waste t1re. Waste tires must be properly recycled. At Smiths Bay Marina a partlally f111ed 55 gallon drum was observed. This drum was open and appeared to contain some type of oil substance. Used o11 should be properly 'dlsposed by an oil reclaimer/recycler. At Smlths Bay Marina a used lead acid battery was found on the grass. This battery must be properly stored so the acld 1t contains does not spill or leak out and contaminate soil or ground water. Federal regulatlons require that spent lead acld batterles be recycled. See Attachment D on the storage and disposal of lead acid batteries. Recommendations . The following are our recommendations for Smlths Bay Marina in Oro�o, Minnesota. 1 . The wells which are used for drinking Nater should be tested for coliform and nitrates. 2. If the well at Smiths Bay Marina is not to be used. 1t should be properly closed by a licensed well Nater f1rm. 3. If the tire and battery observed on the property are not to be used they should be properly recycled. 4. The partially filled 55 gallon drum should be properly disposed. 5. All UST on the properties whether present now or in the past should be reglstered with the MPCA. 6. Copies of the well logs should be listed with the Minnesota Geological Survey. The results of the MPCA Property Transfer File Evaluatlon Nill be included tn an addendum to thls report. � Mr. Maurlce J. Wagener .__- Pro�ect No. 890831 .202 � September 22. 1989 Page 6 Thank you for selecting PACE Laboratorles. Inc. to perform thls envlronmental real estate assessment. If you have any questions regardtng thts report please feel free to contact us. Slncerely. � _/<, � ��-�/ / �r Steven C. Warren Senlor Industrlal Nygtenist '�'� -�(.�v-� . Mary T. Moore � Env o ent 1 gineer . i �.(,, �����,,• ' Robert A. Kalser � Manager, Envlronmental Servlces MM2394/alr - 4 . � � ��i 1�,''\,J�� November l5, 1990 Mr. Maurice Wagener ' 12520 Wayzata Boulevard Minnetonka, MN 55343 RE: Phase I Environmental assessment Smith Ba Marina lySS S oreline Drive, rono, Minnesota Dear Mr. Wagener: S�ACOR is pleased to submit two copies of the above referenced Phase I Environmental Assessment report. This �vork was conducted at your request, and the following scoPe of services were performed during tl�e assessment: • ' * A review of a Phase I pre-purchase site assessment report dated 9/22/89 � conducted by PACE Laboratories, Inc., Golden Valle}�, Minnesota; * Site inspection of the subject property; * Surrounding area reconnaissance to identify neighboring facilities and land use; . * Contact with regulatory agencies concerning the subject property and � surrounding facilities; * Interviews with individuals knowledgeable in the site history; � * Aerial photographic review; and, " * Preparation of the assessment report. Based on the work performed, one area of environmental concern was identified. A release of petroleum at a site hydraulically upgradiant and in close proximity to the Smith • Bay Marina site was documented in July 1989 by the City of Orono. The potential for soil � and/or groundwater contamination at the Smith Bay Marina site eaists as a result of the petroleum spill. No other areas of environmental liability were identified by the scope of work performed. � If �ou have any questions regarding this report, please do not hesitate to call Mr. Jeff Powers or me at 545-3202. We appreciate the opportunity to provide our professional services to you. �� � . Sin r , � � � �.-:. FT:�. / / j',f. F�: �i istopher F. Thompson, P.E. ��� nncipal Engineer rP ,�: i�«������<<��•r����_�� ��� J� � : �:� l�,r,n�„ir11� lln i l���� s; �,". , llr�tnr�if�„lr�. .11.\ >>�1(� �;:` ! �. (�/_'.�ri �_,,�_� � l:l\ �,l_' �ri./i//" PHASE I ENVIRONMENTAL ASSESSMENT of 1955 NORTH SHORELINE DRIVE Orono, Minnesota � Prepared For: MR. MAURICE J.WAGENER 12520 Wayzata Boulevard Minnetonka, MN 55343 Prepared By: SEACOR 1660 South Highway 100 Suite 206 Minneapolis, MN 55416 (612) 545-3202 November 15, 1990 2.0 SITE OVERVIEW 2.1 SITE DESCRIPTION The Smith Bay Marina property is located at 1955 Shoreline Drive in Orono, Minnesota. A site location map is shown in Figure 1. The property is generally rectangular in shape and measures approximately 80 feet in width and 120 feet in length. The site �enerally consists of a gravel driveway/parking area that extends out into the adjacent Lake Minnetonka. The site is approximately level at a height above the mean lake level of t�vo to five feet. A well and pump system is housed in a small structure in the center of the property. An office/maintenance building is located on the eastern edge of the property. A dock leads out to Lake Minnetonka from the southern edge of the property and consists of multiple boat slips. 2.2 ADJACENT PROPERTIES The Smith Bay Marina is located in an area of vacant lots and private residences. To the east and west of the site are vacant lake front lots. The southern edge of the property is bounded by Lake Minnetonka. The northern edge of the property is bounded by Shoreline Drive. Across Shoreline Drive to the northwest is the location of a former automotive transmission repair shop. Prior to this, the facility was operated as a gasoline service station. Directly north of the site across Shoreline Drive is a parcel of land which contains two cabins, a duplex, and a garage.�These buildings and properties were not inspected by SEACOR personnel. 2 3.0 SITE HISTORY AND OPERATIONS The site history was determined based on an interview with Mr. Bruce Vang of the City of Orono Building Department, a review of the property file at the Orono City office, and by reviewing historical aerial photographs. � The origin of the property as a naturally occurring landform is unknown with the available documentation. Based on the adjacent shoreline of Smith Bay, the property appears as though it may have been constructed of fill material. The earliest aerial photo available (1937) shows that the marina site existed as a small pe�ninsula at that time. It appears from the succession of aerial photos from 1937 to the present that the property has had boat docks, although it is doubtful that a marina existed at the site in 1937. The 1937 photograph suggests that the property was vacant, and the 1945 photograph suggests that a marina may have been located at the site. The 1956 photograph strongly suggests that a marina of some type e�dsted at the site. Because a copy of the property title abstract was not available for this report, the possible verification of the history described above was not made. A 4,000-gallon steel underground storage tank (UST) is presently located on site to provide fuel for motorized boats. The PACE Laboratories' assessment report dated September 22, 1989 stated that the UST had a capacity of 3,000 gallons and was installed in 1983. The capacity of the tank, based upon tank tightness records provided by the City of Orono is 4,000 gallons. In May of 1988 the tank was tested by Determan Welding of Fridley, Minnesota to determine the tank integrity. The tank passed the tightness test, and a copy of the test report was provided in the PACE report of September 1989. Based upon information provided on the test report, the age of the tank is approximately seven years. Leak detection equipment has been installed in the tank; it is unknown whether the detection equipment is functioning or has been maintained. As determined by this review, the operations at the site have consisted of the rental of motorized and sailboats, storage of boats during summer and winter, support services for the boating activities; and, selling of fish bait, boat supplies, snack food, and dispensing of leaded gasoline for boat motors. It is unknown at what date gasoline sales from the marina started. Sales of boats and motors from the site are known to have commenced as early as the early 1960s and gas sales are thought to have occurred at least as long. It was not reasonably possible to determine whether a UST or aboveground tank eldsted at the site prior to 1983. 3 1.0 INTRODUCTION 1.1 PURPOSE SEACOR Environmental Engineering was retained by Mr. Maurice Wagener to perform an update to an earlier Phase I Environmental Assessment completed on real estate owned by Mr. Wagener. The purpose of this Phase I Environmental Assessment was to identify potential environmental liability associated with historical operations at the Smith Bay Marina property located at 1955 Shoreline Drive in Orono, Minnesota. The Phase I assessment included: 1 - A review of a Phase I pre-purchase site assessment report conducted by PACE Laboratories, Inc. in Golden Valley, Minnesota; 2 - A site inspection to identify areas of potential concern; 3 - A reconnaissance of the area surrounding the site to identify businesses which�potentially use or store hazardous materials; 4 - A review of regulatory agency lists to identify any sites in the vicinity of 1955 Shoreline Drive which are known to have soil and/or groundwater contamination problems or facilities which have underground storage tanks; 1 5 - Inspection of historical aerial photographs to determine prior uses of the property and surrounding areas; 6 - Collect and submit a groundwater sample from a well on site for total nitrates, total coliform bacteria, benzene, ethyl benzene, toluene and xylene (BETX), and total petroleum hydrocarbons as #2 fuel oil, #1 fuel oil and gasoline; and, 7 - Preparation of this report. 1 4,0 ENVIRONMENTAL SEITING a.l REGIONAL PHYSIOGRAPHIC CONDITIONS • The subject property is located in an area of relatively level terrain with an elevation of approximately 935 feet above mean sea level. Surface drainage and groundwater flow are towards the adjacent Lake Minnetonka in a south, southeastern direction. A review of groundwater well logs obtained from the Minnesota Geological Survey (MGS) indicate that sandstone of the Saint Peter Formation is the first bedrock encountered at a depth of 290 feet below grade. A thick sequence of glacial overburden overlies the bedrock. The overburden material consists of clays, silts, sands, gravels, and cobbles. It is unknown whether the site is a natural landform or was created with dredged material from the lake or other backfill material from off site. There was no site-specific soils data available for review for this report. A log of the well that exists at the site was not available from the MGS. The site is covered mostly with gravel and is used mainly for parking of cars, trucks, and boat trailers. There is some sparse vegetation and mature trees at the site. 4.2 HYDROGEOLOGIC CONDITIONS The review of the groundwater well logs near the site suggest that the water table is at a depth of 50 feet below grade. Groundwater flow direction is expected to be to the south, southeast toward Lake Minnetonka. A localized water table most likely eaosts at a depth less than 50 feet as a result of the proldmity of the site to the adjacent lake. It is possible that a water table e�dsts at a depth of 5 to 20 feet below grade and is influenced by the elevation of the water surface of the adjacent lake. 4 5.0 RESULTS OF ASSESSMENT S.1 SITE INSPEC"TION The subject property was inspected by Mr. Jeffrey Powers of SEACOR on Thursday, October 25, 1990. Photographs taken during the inspection are included as Appendix A. At the time of inspection, the marina was not in operation. Based on the Phase I Site Assessment report generated by PACE Laboratories in September 1989, SEACOR did not inspect the office/maintenance building structure. The PACE report indicated that the building does not contain asbestos-containing materials (ACM). Mr. Powers collected a groundwater sample from the on-site well and submitted the sample for analysis of total nitrates, total coliform bacteria, benzene, ethyl benzene, toluene and xylene (BETX), and total petroleum hydrocarbons (TPH) as #2 fuel oil, #1 fuel oil, and gasoline. The laboratory reports are included as Appendix B. No BETX or TPH was detected. The results of the nitrate and bacteria analysis indicate that the water . from the well is potable. Because the log of the on-site well was not available from the MGS, it is not known at what depth below ground surface the well is screened. No unusual landforms or soil discolorations were noticed during the site inspection. There appeared to be only one UST at the site. No electrical transformers or capacitors were noticeable at the site during the inspection. 5.2 SURROUNDING FACILITIES A reconnaissance of facilities adjacent to the subject property was performed by Mr. Jeff Powers and Mr. Charlie Jones of SEACOR the week of October 25 to November 2, 1990. The area get�erally consists of private residences. One notable exception is the former automotive transmission repair facility. Prior to the establishment of the transmission repair facility, a gasoline service station was located at •the site. City of Orono records indicate that two USTs were removed from this facility on July 21, 1989. During the process of removing the tanks, 150-200 gallons of free product (unleaded gasoline) was released into the excavation area from one of the tanks. There is no record of cleanup activities or remediation efforts associated with the free product release. Contrary to the PACE assessment, the third UST was not removed but was left in place due to its proximity to the foundation of the building. City records indicate that city tank removal permits were iiot issued to the tank removal contractor, name unknown. 5 53 REGULATORY AGENCY CONTACTS Ms. Susan Fager of the MPCA Groundwater and Solid Waste Division, Site Assessment Unit was contacted on October 25, 1990 regarding the Smith Bay Marina site. The file search performed indicated that the UST at the site of the former gas station, 1960 Shoreline Drive and the UST at the Smith Bay marina are registered. Two sites were identified on the 1980 Metropolitan Area Waste Disposal Site Inventory that exist within one mile of the marina site. Based on the pro�dmity of these two sites to the marina, it is not expected that the two sites have caused or will cause an environmental impact at the marina site. There is insufficient data on reported spills within a one-mile radius of the marina site to make a judgement on the environmental impact that these spills could possibly have. The letter to and response from the MPCA is included as Appendix C. 5.4 PERSONAL INTERVIEWS/SITE RECORDS REVIEW SEACOR conducted one personal interview with Mr. Bruce Vang, a city inspector employed by the City of Orono. In addition, SEACOR personnel reviewed various City of Orono records, MPCA spills and release logs, PACE Laboratories' Site Assessment report dated September 22, 1989, and historical aerial photographs. As a result, the following pertinent information was collected: 1 - Property history (described above); ` 2- Chemical use at the site (petroleum sales); 3 - Date of construction (approldmately early 1940s); and, 4 - Original use (vacant lake front property). No building plans or site documents were available for review. Information obtained from the City of Orono regarding the tank tightness test and information regarding UST at and near the marina site is included as Appendix D. Mr. Vang's comments regarding the UST at the marina site was that the tank was probably "ancient" and that gasoline has been sold at the site for many years. The City of Orono dces not have records of UST or aboveground tank installations or removals at 1955 Shoreline Drive. 6 5.5 AERIAL PHOTOGRAPHIC INSPECTION Aerial photographs obtained from the John R. Borchert Map Library of the University of Minnesota in Minneapolis, Minnesota were reviewed in an effort to identify historical land use for the subject property and surrounding area. Aerial photographs from circa 1937, 1940, 1956, 1960, 1971, and 1987 were reviewed and copies are included as Appendix E. Specific observations are described below: 1937 - The subject property was a vacant lot in a partially developed residential area. 1945 - A marina has been constructed on the subject property. It appears as if only one dock is present at this time. 1956 - Marina has been expanded with the addition of a second pier/docking structure. It appears as if additional structures have been erected immediately northwest of subject property including the service station facility. 1960 - No apparent changes to Smith Bay Marina site. . 1971 - Residential area immediately northwest of subject property has increased with regard to the number of home sites in the area. Lake front property southwest of the site has had three additional boating docks constructed. 1987 - Subject property remains relatively unchanged. 5.6 PREVIOUS ENVIRONMENTAL ASSESSMENTS PACE Laboratories, Inc. conducted a Properiy Transfer Site Assessment which is summarized in a report dated September 22, 1989. SEACOR is of the opinion that the report generated by PACE Laboratories, for the most part, is a fairly accurate presentation of prevailing conditions at or near the site. SEACOR has noted any discrepancies above. � 7 6.0 CONCLUSIONS AND RECOMMENDATIONS Based on the observations made during the course of this environmental assessment perforrned by SEACOR and a review of work previously conducted by PACE Laboratories, it is concluded that there exists potential for environmeiital liability at the Smith Bay Marina due to the documented petroleum spill into an open excavation across the street from the Smith Bay Marina. Otl�er than the documented spill, there is no information available that would suggest other areas of environmental concern at the Smith Bay Marina, specifically: 1. There has been minimal reported chemical usage associated with historical operations on the property with the exception of petroleum sales at the site. Test results of the UST at the site suggest that the UST is in good condition. There is no visual evidence or documentation that a spill or leak of petroleum has occurred at the site. 2. Based on the PACE report of September 1989, no asbestos containing materials (ACMs) were identified at the site. 3. A groundwater sample from the supply well on site was collected and submitted for ct�emistry analysis. The results of the analysis suggest that the groundwater has not been impacted by petroleUm hydrocarbons and is a potable water supply. 4. No unusual landforms or soil discolorations were evident at the site during a site visit. It is recommended that additional efforts be expended to determine the sequence of events during the petroleum spill at the former gas station across the street from the site. It is possible that the spill was properly remediated and this information was simply not available to SEACOR during the course of this Phase I Environmental Assessment. If no information is available that the spill was remediated, it may be prudent to advance soil borings at the marina site along the southeastern edge of Shoreline Drive. Analysis of soil and/or groundwater samples from these borings may resolve the issue of whether the spill has impacted the Smith Bay Marina site. 8 7.0 STANDARD OF CARE The conclusions and recommendations contained in this report/assessment are based upon professional opinions with regard to the subject matter. These opinions have been arrived at in accordance with currently accepted hydrogeologic and engineering standards and practices applicable to this location and are subject to the following inherent limitations: a. Accuracy of Information. Certain of the information utilized by SEACOR in this report/assessment has been obtained, reviewed, and evaluated from various sources believed to be reliable, including Title Insurance Company of Minnesota, MPCA, Morries Mazda personnel, and Tonka Valley Enterprises, Inc. Although SEACOR's conclusions, opinions, and recommendations are based, in part, on such information, SEACOR's services did not include the verification of its accuracy or authenticity. Should such information prove to be inaccurate or unreliable, SEACOR reserves the right to amend or revise its conclusions, opinions, and/or recommendations. b. Reconnaissance. SEACOR performed a reconnaissance of the site which is the subject of this report/assessment to document current conditions. SEACOR focused on areas deemed more likely to exhibit hazardous materials conditions while other areas received limited attention or were inaccessible at the time of our reconnaissances. c. Limitations. Because SEACOR's report is based upon information, the accuracy of which has not been determined, and because SEACOR's observations made during site reconnaissances are limited as provided above, SEACOR cannot and dces not guarantee that the site is free qf hazardous or potentially hazardous materials or conditions, or that latent or undiscovered conditions will not become evident in the future. Since site activities beyond our control could change at any time after the completion of this report/assessment, our obser- vations, findings, and opinions can only be considered valid as of the date hereof. This report/assessment is prepared in accordance with currently accepted industry standards, and no other warranties, representations, or certifications are made. Unless stated otherwise herein, this report/ assessment is intended and restricted for the sole use of Mr. Maurice Wagener. Any use, interpretation, or reliance upon this report/assessment by anyone other than Mr. Maurice Wagener is at the sole risk of that party, and SEACOR shall have no liability for such unauthorized use, interpretation, or reliance. 9