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

City of

Benton

the

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
soil

facility

Buchanan
since the the

Berrien County for arsenic

direct

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
as
well

be

but

100 days per year allows

during
of

use

for

days/week October

the

spring and during

fall

months

March

Use

the

park

November
for

January
in

June July and August May and September and February when the surface
through
direct

as

through
soil is

either frozen

or

snow covered
cleanup
direct

should

not result the

is

any
site

contact calculated
criteria

to

any
at

contaminated

soils

The

recreational
for

criteria

Buchanan

was

25 parts per

million

ppm

Arsenic

contact

and

not

Part 201

generic

Following

this

logic

reviewed

the

data

submitted

in

the April

2007

Evaluation

of

Jean

Klock

Park Mitigation
of Compliance indicates the

Parcels with the

submitted

by Earth

Tech

as well

as the November Fleming

2007

Documentation
of that

Part 10 Rules submitted by Gannett

The

analysis

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

Maureen Houghton
of Page December

13 2007

be remediated proposed
but the
golf

by placement course that

of

minimum
area

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 the

proximity

the golf

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

document

and the proposed

changes

this

memo

should

reasonable

the

use of the proposed

mitigation

areas as public parkland

DOI000 1456

HARBOR\ SHORES

December

2007

Ms

Maureen Houghton

Grants Management

MDNR
530 Lansing Allegan

MI

48933

Re

Documentation
Jean

of Compliance

with the Part 10 Rules

through

Klock Park Mitigation Harbor and Benton

Parcels

Benton
Berrien

Township

County Michigan

Dear

Ms

Houghton
copy of the Documentation
Parcels located

Enclosed for your review Rules for the Jean Kiock

is

of Compliance
in

with the Part 10

Park Mitigation

Benton

Harbor and Benton

Township

Berrien

County Michigan

If you

have any questions please contact

me

Best regards

Trustee 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

DOI000 1457

Project

-\-cLr

c--

---

Page

11

From

Maureen

Houghton

To
Date
Subject Thats Ok Ernest most
thats said
after interested at

Ernest Sarkipato 7/11/2007

85333 AM
Harbor Harbor Shores
Project

Re

Benton

Ben has
this

good
in

idea

of

point

getting

more

whats going on with the detail on whats going most

the of the

various
to

DNR
with

mitigation

sites This

but
is

am
site

happen
will

Parcel

being used
the
file is

for floodplain just

mitigation

and

upland area
is

be

excavated
plan
to

away
talk

Like

you

huge and
in

wading

through
for

final

permit

challenge

Lets

next

week

Ben

is

back

the

office

Thanks

your reply

Maureen Maureen
Grants Michigan

Kay Houghton

Grants Specialist

Management
Department
of Natural

Resources

P.O Box 30425

Lansing Ml 48909-7925

Phone
E-mail

517-373-2965

houghtonmmichigan.gov
out

Check

our website

www.michigan.gov/dnr/

Ernest Sarkipato

7/

1/2007
this

806 AM
note before sending an already
late

000ps
the loop

should have
if

read

reply

trust

that

Ben

will

bring

me

in

can

be

of

use

Hi

Maureen Houghton 07/06/07 Matthew and Ben reviewed

All

424 PM
the

DEQ

permit and

found

drawings

for

floodplain to pin

mitigation the

sites

and

of the the

drawings
entire

are

close-ups

and dont
of

give

me enough

info

down

locations

The

map
the

showing

project

area Sheet

51

indicates

locations

for the

impact

areas 1-18 but not

mitigation

sites

A-D
overlap
of

Ive

discussed

the

DEQ

and

DNR

mitigation

sites with

the citys

attorney

after Ben

and

Im expecting the city and Harbor Shores to address the issue of upland excavation for floodplain which will likely affect the appraised value and the sites mitigation from DNR/Grants mitigation site talked
potential for

development

for

public

access

and

recreational

use
stream
the the that

Also well need

affect corridor

to

continue
mitigation

coordinated
site

discussions

regarding

DEQ-required

mitigation

will

DNR/Grants
could be be
its

as tentatively
with

160-200
but

ft

wide

the

DEQ

proposed As Ben described it conservation easement covering

for

stream

mitigation

same area
Depending
hinder not

This on

would

concern
the

not necessarily mitigation project

problem could

the

grant

mitigation

requirements
site

how

done
facilities

stream as

improve aesthetics

of the

and

public

access

such
in

boardwalk
if

Please

keep me
able to

the

loop

DNR/Grants
if

mitigation but the

sites

may

be

make

adjustments
mitigation to the

needed
at

farther

may we
to

be

affected

by
the

DEQ

requirements harder
for
it

We
be The
review

get down

path Park

the

will

Grants

conversion

and

proposal
this

has

been shipped
be..

the National

Service

their

and approval Maureen

Changes

plans

stage would

awkward

Thanks

D010001458

Haro

4rb Shores

Project

Pa9j

Ben Zimont 7/5/2007

Maureen--

1212 PM

Floodplain

Mit

Area

Yes
to

its

where FP compensating
or Ernie

cut

must

happen

As

for

the

final

elevations
floodplain

Im
portion

going
of
this

to
file

have
is

to defer

Matt Occhipinti Generally

Sarkipato

floodplain

engineers
that

The

inches thick
the

can

say They never

cut
it

proposed
floodplain to

area to become
it

WETLAND

but

since

it

purpose

of the

compensating
will

is

to provide

storage
to

will

become
by Matt or Ernie

floodplain

Exactly

how low elevation

be

Thats

going

have

be

answered

sorry

guys
mitigation

Stream

They are
Park

still

proposing

to

daylight
to

corner of M63/Higman

Road
last

southeast

approximately
still

would from the NE run roughly Sawyer Drain and where the Paw Paw River turns south
it

was

there

with

DNR

Fisheries

Friday They

have

MANY
of

issues

to

resolve

before that
within

mitigation

site/plan

can

be approved

Their current
ravine

proposal bank

depicts

meandering

stream

created ravine-of-

sorts and the width of the

the

top

of

to top of

bank

approximaty

100
this

feet

wide They approved

label

project

limits

as being
to

corridor

expect the
to

DEQ

easement

ranging from 160-200 feet wide IF IF IF be of similar width could be written to allow for
It

was

would

MNRTF

bridge/trail/etc

cross

it

though helps 1046 AM Houghton 07/05/07 conversion and mitigation proposal was shipped off to the National on the status of DEQ permit mitigation requirements time Im checking
the

Hope

this

Maureen

Ben FYI.. week At this

Hi

Park

Service

last

Has Parcel
floodplain

so lDd

in
If

grant

programs

and

regulatory

programs been
site site

agreed
with

to

as the

site

for

mitigation
of

amount
value

upland to be

so do you have more detail for me like removed Removal of upland from this

plan

dimensions
affect

location
its

and

could significantly

appraised

Has
have

the

stream

mitigation

site

been

IDd

The

grant

programs
of

Parcel

long
that of the

narrow

parcel the

along rivers

edge was
site in

possibly plan with

going to be affected

dimensions

location

by daylighting of stream project

county drain and

extent

crosses stream

parcel

Do you

corridor

that

DEQ

will

include

the

conservation

easement
you
think

Anything

else

going on

that

might affect

our grant programs

conversion

and

mitigation

concerns Take

care

Maureen Maureen

Kay Houghton

Grants Specialist Grants Management Michigan Department

of Natural

Resources

P.O Box 30425

Lansing Ml 48909-7925

Phone

517-373-2965

E-mail houghtonmmichjgan.gov

Check out our website

www.michiqan.gov/dnr/

DOI000 1459

Maureen

Houghton

Benton

Harbor conversion

and

mitigatior

proposal

cIiIi1

From

Maureen Houghton
gfieldsdickinsonwright.com 6/22/2007 Benton

To
Date
Subject
Hi

95516

AM
and
mitigation

Harbor

conversion

proposal

Geoff

Attached
out

is

the

narrative

for

the submittal

to

NPS We

should be ready to mail

the

entire

package

early next

week

6/25

or

26
stream
mitigation sites

Weve
sites

learned that some

permit

of

the wetland and

grant level of

being required
all

by

DEQ

under

the

Part

301/303/31
also

have

may affect some known

the
city

program
soil

mitigation

Almost

of

the

grant

contamination already need so

Weve
dont
to

coordinated
think

reviews

program between
will

mitigation

DNR DEQ
so

Harbor

Shores

and

pretty

thoroughly

these concerns Please route

submitting the proposal to

NPS

but the

questions

be addressed

up these as needed

hold

we

can

discuss

DEQ/RRD
There
be
is

known
will

contamination be employed
to

of the

soils

on

all

of the

mitigation for public

sites

except

perhaps

Parcel
will

What
due care

measures
plan

make
to

the

sites suitable

outdoor

recreation
affect

When

completed

for submittal

DEQ

Does

the

known

contamination

appraised

value

DEQ/LWMD
Mitigation required

under
grant

permit 06-11-0142-P program

mitigation

issued

May

2007 may include

the following

references

are

to

parcels..

Parcel across
this

possible

location

of

stream

daylighting held

as mitigation by

for

stream encasing be

elsewhere
Will
this

would

cut

parceL

conservation

easement

DEQ

would

also

imposed

affect

appraised

value
as mitigation elsewhere

Parcel on
this

floodplain

cut
this

for floodplain

fill

will

eliminate

most

of the

upland island

parcel

Will

affect

appraised

value
marina would imposed

Parcel parcels
this affect

streambank
riverfront

restoration

as mitigation

for

development

include

portion restored

of

this

conservation

easement

held

by

DEQ

may

also

be

on

the

area

Will

appraised

value

am
me

available

at

to meet with you and others or to discuss Thanks as always your earliest convenience

this

over the phone

Please feel free

to contact

Maureen

Maureen
Grants Grants Michigan

Kay Houghton

Specialist

Management
Department
of

Natural

Resources

P.O Box 30425

Lansing Ml 48909-7925

Phone
E-mail

517-373-2965

houghtonmmichigan.gov

DOI000 1460

Maureen_Houghton-Re

Harbor Shores

Page

11

From To
Date Subject Thanks Maureen
so

Maureen Houghton Lorraine Thomas

4/20/2007

80206

AM

Re
much

Harbor Shores

Lorraine

lU

be

in

touch

Kay Houghton

Grants Specialist Grants Management Michigan Department

of Natural

Resources

P.O Box 30425

Lansing Ml 48909-7925

Phone
E-mail

517-373-2965

houghtmkmichigan.gov

Check out our website

www.michigan.gov/dnr/

Lorraine

Thomas
Ill

4/20/2007
the
letter

759 AM
today they must meet
Authority paid
It is

OK

Maureen

send

Harbor Shores care obligations Harbor

will In

not

need

permit the

to

address the County

in

contamination

however
loans

their

due

addition

Berrien million

Brownfield

Redevelopment
million
in

at
back

the

request of

Shores
to

has

received $1
their

grants and $2

to be
the

by Harbor
responsibility plan to

Shores
approval

address

due care
with to

obligations

as

well

as some
for

other

activities with

my

review the work associated

of invoices
for

the grant receive

and

loans

them

their grant

and

compliance loans

approved

work

as well

as

JDt
Please
feel free
to call

me

or

email

me whenever

you

have

questions

or

concerns

Lorraine

Maureen Thanks

Houghton

04/18/07
the

134
letter

PM
and
it

Lorraine

reviewed

looks

like

what

we

need

at

this

point

As development
get

of the

mitigation

parcels

begins

will

Harbor Shores
they

or the

city to

of

Benton

Harbor need due

to

permits for addressing

not familiar with the

contamination
of

issues Would area

be

required

just follow

the

care plan

Im

particulars

your program

know
Klock

there

are wetlands
with

floodplain
their

and

streams

involved

so theyll need

permit from Shores

LWMD
beyond

Ive been Jean

coordinating Park

Ben Zimont on
coordinate
getting

review of the larger project

In

area of Harbor agreed

that
it

and

the grant

mitigation

sites

our discussions
project without

we

was

important to up anyone
in

communicate
without
that

and

progress on

this

one agency
not

too far

ahead
its

of the

others

My

unnecessarily holding plan is to continue to be

and you so

contact

with

Im

moving

ahead before
contact

ready

Please feel free

to

me

anytime

Thanks

Maureen Maureen
Grants

Kay Houghton

Specialist

D010001461

D010001462