Appendix_B_Rosebud - Phase 1 Environmental Site Assessment and Hazardous Materials Report without photos.pdf

JOSEPH DAVID ASSOCIATES

REPORT OF

ROSEBUD AGENCY – ROSEBUD, SD

BUILDINGS 00035, 00036, 00N16, 00N18

Phase 1 Environmental Site Assessment and Hazardous Material and Asbestos

Survey Reports

FEBRUARY 24, 2023

ROSEBUD, SOUTH DAKOTA BUILDING TRANSFER

GP22AW300Z6

PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)

LEGEND NO. 2204204

TABLE OF CONTENTS

EXECUTIVE SUMMARY

1.0 PROJECT DESCRIPTION

2.0 SITE DESCRIPTION

3.0 HISTORICAL LAND USE REVIEW

4.0 ENVIRONMENTAL SETTING

5.0 SITE RECONNAISSANCE

6.0 REGULATORY REVIEW

7.0 ENVIRONMENTAL CONCERNS

8.0 REFERENCE DOCUMENTS

9.0 STANDARD OF CARE

APPENDICES

APPENDIX H

Figures

APPENDIX B Photographs

APPENDIX C The EDR Aerial Photo Decade Package

APPENDIX D The EDR-City Directory Image Report

APPENDIX E EDR Historical Topo Map Report

APPENDIX F EDR Summary Radius Map Report

The EDR Radius Map™ Report with GeoCheck® APPENDIX G

APPENDIX A

Cost Estimate

INDIAN HEALTH SERVICE

TRANSFER

UNITS 00N16, 00N18, 00035, 00036

ROSEBUD AGENCY

ROSEBUD, SOUTH DAKOTA

PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)

LEGEND NO. 2204204

EXECUTIVE SUMMARY

Legend Technical Services, Inc. (LEGEND) performed a Phase I Environmental Site Assessment (ESA) of four buildings under the jurisdiction of the Department of Interior Indian Health Service in Rosebud, South Dakota on the Rosebud Agency Lands. The buildings were as follows:

Installation 11547, Building 00035 Approximate age: 1936 Size: 2,131 SF

Installation 11547, Building 00036 Approximate age: 1915 Size 3,422 SF

Installation 11547, Building 00N16 Approximate age: 1965 Size 2,260 SF

Installation 11547, Building 00N18 Approximate age: 1965 Size 2,260 SF

Based on review of historical and current Site uses, and state and federal environmental regulatory databases for the Subject Property/Site, and adjoining properties, the following were noted environmental hazards for the subject property buildings. The site area had no recognized environmental hazards.

Asbestos-containing Materials

00N16 – Vinyl floor tile and gypsum wallboard taping compound

00N18 – Vinyl floor tile and gypsum wallboard taping compound

00035 – Sheet vinyl flooring, white tape on basement corner wall, kitchen sink bowls

00036 – Sheet vinyl flooring

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Lead-based Paint

00035 – Wall and Ceiling Plasters and original wood siding under newer siding

00036 – Wall and Ceiling Plasters and wood siding

Mold

00N16 – Basement level GWB demising wall is wet and mold covered

00N18 – Basement level GWB demising wall is wet and mold covered

00036 – Delaminated plasters in building are suspected to harbor mold; nothing visible.

Other

00035 – Basement level fuel oil tanks (2).

Each building has been reported in more detail in separate reports. Consult the Hazardous/regulated materials for further information/detail on these buildings.

“I, Cheryl A. Sykora, CIH, CSP, CHMM, of Legend Technical Services, Inc. declare to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in

312.10 of 40 CFR 312.”

LEGEND has performed a Phase I ESA in conformance with the scope and limitations of ASTM

International Standard Practice E 1527-21 of the four buildings in Rosebud, SD identified for transfer and any exceptions to, or deletions from, this Practice are described in Section 1.4, Scope of Services as outlined for this Phase I ESA report. This assessment has revealed no evidence of recognized environmental conditions in connection with the Subject Property Site Area. Recognized environmental conditions are all building related.

See Narrative Report sections for further information.

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NARRATIVE REPORT

1.0 PROJECT DESCRIPTION

1.1 Introduction

The Subject Property/Site includes the four buildings, located in close proximity to each other in a housing tract in Rosebud, South Dakota. The residences are located with access to BIA Highway 1 in an area dominated by residential buildings and Indian Health Service Administration and Clinic buildings. Buildings 00N16 and 00N18 are located on the east side of an unnamed paved street with one residence separating them from each other. Units 00035 and 00036 are located next to each other on a street to the southeast of the other two. All are in the same residential development area. A site location map is included in Appendix A as Figure 1 and respectively;

photographs are included in Appendix B with a photograph key.

Legend Technical Services, Inc. (LEGEND) conducted a Site Visit on October 18, 19, 2022. The four units are in a residential area with undeveloped lands to the west and east. The town of Rosebud, South Dakota extends to the North and South of the residential area. The terrain is hilly with units

00035 and 00036 located at a higher elevation than are 00016 and 00018. There are undeveloped ravines and tree areas but no water bodies in the immediate area.

Asbestos and lead-based surveys were performed for each of the buildings. Detailed survey information is reported separately for each residence with a summary provided in this document.

1.2 Purpose

The purpose of this Phase I Environmental Site Assessment (ESA) is to identify recognized environmental conditions, controlled recognized environmental conditions, and historical recognized environmental conditions in connection with the Subject Property. These terms are defined below.

Recognized environmental condition (REC) means the presence or likely presence of hazardous substances and/or petroleum products in, on, or at a property due to any release to the environment; under conditions indicative of a release to the environment;

under conditions that pose a material threat of a future release to the environment.

Controlled recognized environmental condition (CREC) is also a recognized environmental condition. A CREC is defined as a recognized environmental condition resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority, with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls.

The term historical recognized environmental condition (HREC) means a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls.

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Legend Technical Services, Inc. understands this ESA is being conducted for purposes of building transfer from a Federal Agency to a Tribal Agency which may or may not qualify for Landowner

Liability Protections under the Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA). This Phase I ESA was conducted by LEGEND at the request of Joseph David

Associates LLC in response to a request from the Department of Health and Human Services Indian

Health Services to facilitate a land transfer.

“I, Cheryl A Sykora, CIH, CSP, CHMM, of LEGEND, declare to the best of my professional knowledge and belief, that I meet the definition of Environmental Professional as defined in 312.10 of 40 CFR

312.”

1.3 Reliance

This report is addressed to Joseph David Associates LLC performed to fulfill the requirements of the Statement of Work Phase I Environmental Site Assessment and Hazardous Material and

Asbestos Survey GP22AW300Z6 prepared July 2022 by the Indian Health Service. The report is reflective of conditions existing as of its date, in the absence of a specific written update Letter or

Report prepared and signed by LEGEND.

1.4 Scope of Services

LEGEND’s Scope of Services for this Phase I ESA conforms to the ASTM International due diligence standards outlined in ASTM E 1527-21, Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process. Services provided for this project included:

Review of readily available topographic, geologic, and hydrogeologic information pertaining to the Site and surrounding area.

Review of readily available information regarding historical land use activities at the Site, and interviews with individuals who have past or current knowledge of the property, where feasible.

Site Reconnaissance/Site Visit to visually observe the Subject Property for indications of RECs.

Limited review of federal, state, and local regulatory records for reported and documented environmental releases or occurrences that may have a negative effect on the Subject

Property, on or near the property, within the proscribed limits of ASTM E 1527-21.

Review of previous environmental reports, surveys, and other pertinent data.

2.0 SITE DESCRIPTION

2.1 Site Description

The Subject Property includes four non-contiguous one-story buildings vacant at the time of the site visit but previously utilized as single-family residences. Two of the buildings – 00035 and

00036 are older and are located at a higher elevation than 00N16 and 00N18 which are newer identically constructed residences.

A Site Visit was performed by LEGEND on October 18 and 19, 2022. The four properties are

ROSEBUD - 4 | P a g e located within a quarter mile of each other and were reviewed as one with respect to site characteristics and outside impacts to the four-unit properties. Each residence land parcel size is unknown but less than one-half acre in size. Given the ownership is with the federal government, precise size or a survey of the area are not available.

As of 2020 census, Rosebud, SD has a population of 1,455 and 427 total housing units. Rosebud is located on the Rosebud Indian Reservation in Todd County and is home to the Rosebud Sioux

Tribe. According to the United States Census Bureau, Rosebud is a CDP (census-designated place) with a total area of 13.1 square miles. 13.1 square miles is land and 0.04 square miles is water. Rosebud has been assigned the zip code of 57570. Rosebud has a 35 bed hospital under the jurisdiction of the Indian Health Service. The four units subject to transfer are currently under the jurisdiction of the federal Indian Health Service and served as residences for health care workers.

Historically, this area has been Indian Reservation land since the 1800s. Originally known as the

Upper Platte Agency, it was renamed Whetstone Agency in 1869, then Spotted Tail Agency in

1874, before finally receiving the name Rosebud in 1878. The Agency serves the Sicagnu Lakota people as well as members of the Sans Carcs, Ogala, Hunkpapa and Miniconjou bands. A map accompanying the 1885 annual report identifies a network of tributaries related to the Little

White River with most residents located along water ways. The area has been predominantly agricultural or open land with no significant industrial/mining/manufacturing facilities. The dominant employer in the area is the federal government.

2.2 Location and Legal Description

The Site is in the CDP of Rosebud, South Dakota in Todd County. Todd County is located on the central southern border with Nebraska. There are no legal descriptions for these four units, nor do these four residences have addresses nor are the streets they are on named. Map Quest identifies the street where 00N16 and 00N18 are located as Tiny Street, however, there are no street signs and the street where 00035 and 0036 are located is unnamed on MapQuest.

2.3 Site Vicinity Characteristics

The Site is in the CDP of Rosebud, SD. The adjoining properties to the north, west, and south of the Subject Property residential area are Rosebud to the north and south and open wooded land to the east and west. Rosebud has no identified manufacturing facilities of significant size.

Primary employer appears to be the Indian Health Service through the hospital and network of clinics and the Bureau of Indian Affairs. The identification by number rather than address for the residential and clinic units in the immediate vicinity indicates the immediate area of these four buildings is Indian Health Service controlled and/or Bureau of Indian Affairs controlled as they utilize building numbering systems in tracking properties.

2.4 Description of Structures, Roads, and Systems

BIA Hwy 1, modern paved road, is the major connecting road into Rosebud. The building development containing the four buildings is off Hwy 1, is accessible via two lane paved access

ROSEBUD - 5 | P a g e roads. All buildings are accessible via a maintained road. Map Quest identifies the road where

00N16 and 0018 are located as Tiny Road coming from Wasta Drive connected to BIA Hwy 1.

The road where 00035 and 00036 are located comes directly from Hwy 1 but is not named.

There is a dirt access road that runs between Wasta Drive and the unnamed road which is not shown on the maps and appears to have been created by residents as a means to access this area more directly.

Electrical is provided by Cherry-Todd Electrical Cooperative. Golden West Communications provides communication services. There are no natural gas providers. Water and Sewer are provided by Rosebud Water and Sewer Commission. All four units are on the system and do not have wells or septic systems.

2.5 Zoning

The subject property(s) are under the authority of the Rosebud Reservation, Rosebud Sioux

Tribe. Rosebud Sioux Law and Order Code Title 18 Land Use identifies lack of land use regulations. The document contains definitions of common land use terms as applied to the

Rosebud Reservation and Rosebud but does not identify any zoning.

2.6 Environmental Liens and Activity and Use Limitations

The subject buildings are under the ownership of the Federal government under the

Department of Health and Human Services (DHHS) Indian Health Services. The purpose of this assessment is to identify environmental hazards that require mitigation prior to transfer of the buildings.

2.7 Current Use of the Subject Property

All four units are vacant single-family residential units.

2.8 Current Uses of Adjoining Property

Units are located in a residential area and are in close proximity. The following information is general for all four units.

Direction Description

North Additional residential dwellings and clinics

South Wasta Drive and wooded area on the south side of Wasta Drive

West Additional residential units and then wooded land

East BIA Hwy 1 and wooded and open undeveloped range land

3.0 HISTORICAL LAND USE REVIEW

3.1 Site Use Summary

The land area where these four buildings are located is generally residential with a few non-residential buildings that are small and are generally clinic buildings. These buildings are inside

Rosebud, SD proper and are served by Rosebud infrastructure.

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3.2 Sanborn Fire Insurance Maps

Sanborn coverage is restricted to bigger cities and not rural areas like Rosebud. No Sanborn fire insurance search was done in connection with this project as it was expected to yield no results.

3.3 Aerial Photographs

Aerial photographs of the general area were obtained through EDR. Nine photographs were provided, covering the years 1953 through 2016. The EDR Aerial Photo Decade Package is included in Appendix C. LEGEND’s observations of the Subject Property and surrounding areas are shown in the following tables. No undocumented environmental concerns were identified by reviewing the aerial photographs.

Aerial Photographs – SUBJECT PROPERTY

Year Visual Observations

2016 Same as 2022

2012 Same as 2022

2008 Same as 2022

2005 Same as 2022

1997 Same as 2022

1984 Same as 2022

1976 Same as 2022

1966 Same as 2022

Tiny Road is present but no buildings along the road in the area of 00N16 and 00N17. Tiny Road is undeveloped and not paved.

Aerial Photographs – NORTH OF SUBJECT PROPERTY

Year Visual Observations

2016 Small area of development directly to the north of subject housing area

2012 Same as 2016

2008 Same as 2016 and 2012

2005 Same as 2016,2012, and 2008

1997 Same as 2016,2012,2008, and 2005

More buildings are present directly north; buildings are small looks like a small residential development

1976 Same as 1984

No buildings north of subject property; open land with two small unpaved roads

No buildings north of subject property; vacant land with one of the two roads more prominent than in 1966; Tiny Road is a main road and BIA Highway 1 is not there

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Aerial Photographs – SOUTH OF SUBJECT PROPERTY

Year Visual Observations

2016 Wasta Drive, wooded area south of Wasta Drive, Development

2012 Same as 2016

2008 Same as 2016 and 2012

2005 Same as 2016, 2012, and 2008

1997 Same as 2005

1984 Same as 1997

1976 Same as 1984

Wasta Road exists up to the subject properties then becomes an unpaved wide road

Wasta Road exists up to Tiny Road but no evidence of road beyond that;

undeveloped land

Aerial Photographs – EAST OF SUBJECT PROPERTY

Year Visual Observations

Immediately to the east is a less dense area of residences then BIA highway

2012 Same as 2016

2008 Same as 2016 and 2012

2005 Same as 2008

1997 Same as 2005

1984 Same as 1997

1976 Same as 1984

1966 Same as 1976

00035 and 0036 exist; metal building to the northeast of these is not present; Tiny Road is the main road and there is no BIA highway 1 to the east. It is open vacant land. Looks like Tiny Road was the main road at this time

Aerial Photographs – WEST OF SUBJECT PROPERTY

Year Visual Observations

2016 Wasta Road and open area

2012 Same as 2016

2008 Same as 2016

2005 Same as 2016

1997 Same as 2016

1984 Same as 2016

1976 Same as 2016

Wasta Road becomes unpaved road west of the subject property area;

there are buildings adjacent to what appears to be a pond

Wasta Road is not present on the west side north of the subject property;

the buildings with what appeared to be a pond do not exist.

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3.4 City Directories

City directories were researched for addresses nearby the Subject Property by EDR. (The

Subject Property has no address.) Information is available from EDR’s Digital Archive (from sources such as Cole Information and Dun & Bradstreet) and Polk’s City Directory documents.

No otherwise undocumented environmental concerns were identified from the city directory search. The search results are in the EDR-City Directory Image Report, included in Appendix D.

Reservation lands rarely have well established addresses for small developments. There is no information available from the City Directory Search.

3.5 Historical Topographic Maps

Four historical topographic maps (2017, 2015, 2012, and 1969) showing the Subject Property were available. The natural terrain in the area was relatively unchanged throughout the time covered by the maps; the Site does not look substantially different over the series of maps. The

1969 topographic map shows the buildings for the subject property area and they are in their current configuration. The unexplained pond area northwest of the subject property is identified as sewage disposal land indicating this served Rosebud as a sanitary sewer disposal area when it existed. No otherwise undocumented environmental concerns were identified from reviewing the maps. The EDR Historical Topo Map Report is included in Appendix E.

3.6 Previous Environmental Reports

Environmental reports for the Subject Property and/or adjacent properties were not provided to

LEGEND. It is doubtful there was a reason to create environmental reports for this area other than possibly surveying the buildings for asbestos which was done as part of this Work.

3.7 Interviews

Interviews were conducted by LEGEND with property owners, regulatory officials, and other people knowledgeable about the Subject Property, as available. Summary information obtained from the interviews is provided below:

Ed Arcoran – 605-747-0424 – IHS Facilities – Building 00036 was the original Indian Health

Service Clinic. It was converted into housing after it ceased to be a clinic. The building adjacent, 00035 was always a single family living quarters for medical staff. Building 00035 was in the process of renovation when the renovation was stopped. Vandals subsequently got in and did destruction. Water leak in the kitchen area of 00N16 was not discovered immediately until floor damage was done. Both 00N18 were known to have asbestos-containing floor tile.

4.0 ENVIRONMENTAL SETTING

4.1 Topography

The Subject Property elevation is approximately 2500 feet. Units 00N16 and 00N18 are at a slightly lower elevation than are 00035 and 00036. Both sets are approximately at the same elevation. The topographic gradient is generally South to Southwest.

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4.2 Geologic Setting

The southernmost extent of the Little White River Basin is within Quaternary-age deposits of windblown sand (eolian deposits) and alluvium that extend into southwestern Todd County and

Nebraska. The windblown sand and alluvial deposits overlie the Ogallala Formation which overlies the Arikaree Formation, both of which are of Tertiary age and contain aquifers that are used extensively within Todd County. Land within Todd County is predominantly grasslands with some pasture, hay, and row crops. Cropland occurs primarily in areas with low topographic relief and includes both dry-land farming and irrigated areas.

4.3 Area Hydrology

Local hydrology/runoff on the Subject property is to the South-Southwest toward the Little River

Basin. Rosebud is located in the Little White River Basin. The downstream part of the Little

White River flows across outcrops of the Cretaceous-age Pierre Shale. Most of the Pierre Shale is relatively impermeable. Streamflow characteristics vary depending on the presence of the impermeable shale or the windblown sand deposits which have a high water infiltration rate.

4.4 Water Well Records

No wells were reported for the Subject Property by EDR. The general groundwater flow direction from the EDR AQUIFLOW Information System is to the south-southwest, which is consistent with the flow direction of the Little White River. Subject Property(s) are served by

Rosebud Water System that uses ground water as the water source.

4.5 Sanitary Sewer

All units of the subject property are on city sewer provided by Rosebud Water and Sewer

Commission with address at Circle Drive, Rosebud, SD 57570.

4.6 Flood Zone Information

A review of FEMA flood zone data from EDR indicates the area is identified as Todd County unincorporated and has no established flood map. The subject property(s) are at sufficient elevation above the surrounding area of water bodies that it is doubtful this location would be included in anything less than a 500-year flood zone.

5.0 SITE RECONNAISSANCE

5.1 Site Access and Limitations

LEGEND’s Site Visit on October 17 and 18, 2022, conducted by Cheryl Sykora, CIH,CSP,CHMM was performed primarily to view conditions surrounding the four units included in this Site

Assessment and perform hazardous materials surveys of the buildings. There were no limiting conditions to viewing the area at the time of the site visit. Weather was dry and sunny and there was no snow cover. Access to surrounding areas was only restricted by dogs and boundaries of small residential properties.

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5.2 Building Characteristics/Utilities

The four buildings are served by Rosebud utilities and have above ground electrical lines going to the buildings. Sewer and water are provided by Rosebud. All four buildings have sub-surface basement levels and none have signs of water infiltration via groundwater through the foundation. There were no observed sub-pumps or in the basements. All four buildings were most recently used as single-family residential living quarters by the Indian Health Service personnel. Two the buildings – 00N16 and 00N18 have always been residential units based on our observations. 0036 was originally a medical clinic and then converted to a residence based on information received. 0035 finishes and more detailed woodwork suggests it was originally housing for medical administrators and/or doctors who may have worked at the clinic in 0036.

5.3 Current Operations/Tenants

All four units were vacant at the time of our site visit on October 17 and 18, 2022. There was no stored furniture in the buildings. Cabinetry had been disassembled in 00035 and being stored inside the building. 00036 had significant debris from deterioration caused by roof leaks.

5.4 Hazardous Substances Associated with Site Activities

No hazardous substances are expected to have been produced because of Site activities.

5.5 Solid Waste Storage/Handling/Disposal

No solid waste is expected to have been produced by Site activities. Unit 0035 has significant vandalization. It is our understanding, the unit was in process of renovation with stored paints and was vandalized with paint opened and splashed around, particularly in the living room area.

5.6 Polychlorinated Biphenyl (PCB) Containing Equipment

No transformers or other potential PCB-containing equipment were seen on the Subject

Property by LEGEND during the Site Visit.

5.7 Storage Tanks

No evidence of underground storage tanks (USTs) was observed with any of the four units. Unit

0035 had a disconnected LP tank in close proximity to the building thought to be the fuel source for this unit. Building 0035 also had two fuel oil tanks (approximately 5 foot long each) that were observed to be substantially empty. A small fuel spill was noted on the floor in the area where the tanks were. Building Units 00N16 and 00N18 had electric furnaces and kitchen stove electric connection indicating no hydrocarbon fuel needs. Unit 0036 had electric baseboard.

5.8 Asbestos Containing Materials

Surveys were performed for asbestos-containing materials in all four of the units. The

Regulated/Hazardous Materials Survey reported for each building provides detailed information on asbestos-containing materials in each of the buildings. All four buildings have some

ROSEBUD - 11 | P a g e asbestos-containing materials in their construction. See Executive Summary of this report and individual building reports for more detailed information.

5.9 Lead

An XRF survey for lead-based paint was performed for each of the units and is reported with the

Regulated/Hazardous Materials Survey for each unit. Two of the units – 00N16 and 00N18 have no lead-based paint in their construction. Two of the units – 0035 and 0036 have extensive lead-based paint. See Executive Summary of this report and individual building reports for more detailed information.

5.10 Radon

Two of the units were too open (broken windows boarded up but still open to the outside) for any meaningful radon determination – 0035 and 0036. Radon testing was attempted for 00N16 and

00N18 but canisters were not left a sufficient time for the laboratory to perform the analysis.

Radon data available from 1993 through 2008 in the Rosebud area indicate radon is in zone 2 indicating the average levels are >2 pCi/L and <=4 pCi/L. This is below the current federal guideline for radon exposure of 4 pCi/L indicating radon is not generally a problem in this area.

Basements were all poured concrete with limited noted cracking/openings which make it less likely radon would be of concern as it comes from radon-bearing soils up into a residence through the basements.

5.11 Visible Mold/Evidence of Water Intrusion

A visual assessment for mold was performed during the building surveys and detailed information is included in the individual building regulated/hazardous materials survey reports. Both 00N16 and 00N18 had significant mold from internal water leaks. 00036 has significant water damage to ceiling plaster from roof leaks. 00035 has only minor mold issues.

5.12 Surrounding Property Observations

The building properties and adjoining properties were inspected for obvious environmental issues.

Site Observation Table – Site Visit – October 18 and 19, 2022

Issue Addressed? Comments

Walked entire perimeter boundary of Subject Property yes Walked yards and roadways

Walked each side of all wet and dry pathways yes No wetlands in buildings’ vicinity

Walked around all on-site water bodies or portions thereon yes None were present

Walked a grid pattern of all remaining area not included in above process, wooded, or overgrown areas yes Yards were mowed

All means of surface access and egress to and from site were observed yes

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Site Observation Table – Site Visit – October 18 and 19, 2022

Issue Addressed? Comments

All wooded areas and variations of vegetation were observed yes

All water bodies, springs, lagoons, swamps, rivers, lakes, etc. were observed yes None in the immediate vicinity

All drainage pathways and erosion plains were observed yes

All railroad spurs and electrical power lines were observed

NA

Power lines were limited to services to the buildings

All utilities, drains, vent pipes, wells, cisterns, and septic systems were observed yes

There is a pipe at the NW corner of 00N16 garage that has no obvious reason for being there; not suspected to be connected to a

UST

All buildings, other structure, foundations, and old ruins were observed

NA

There are old concrete slab areas to the west of the rear of 00036. Trees are growing up in them and around them. No environmental concerns noted.

All heavy equipment, tankers, or spray rigs were observed

NA

Encountered smells of chemical gases, petroleum products, or foul odors

No

Evidence of any landfill, dumping, disturbed soils, or direct burial activity or graded areas

No

Evidence of any surface impoundments or holding ponds

No

Evidence of industrial or manufacturing activities

Yes

The metal shed on the north side of 00036 identified as T1002 on the site diagram has an old incinerator with exhaust stack on the back concrete platform. The unit is empty and does not appear to have been used for a long time.

Evidence of monitoring wells or remedial activities

No

Evidence of stained or discolored soils

No

Evidence of leachate or seeps No

Evidence of any areas of distressed, discolored or stained or dead vegetation

No

Evidence of any chemical spills or releases

No

Evidence of ground water or surface water contamination

No No water bodies in the vicinity of these buildings.

Evidence of any oil or gas well exploration, abstraction, or refinery activities

No

Evidence of any farm waste concerns such as feed lot spoils, or manure stockpiles

No

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Site Observation Table – Site Visit – October 18 and 19, 2022

Issue Addressed? Comments

Evidence of prolonged use or misapplication of pesticides, herbicides, soil conditioners, or fertilizers delineating the specific area of concern

No

Evidence of urea-formaldehyde foam

No

Evidence of ASTs and USTs including retaining walls in basements behind which storage tanks may be located

No 00035 has two abandoned fuel oil tanks in the basement. No spills at exterior.

Vaults that may contain tanks No

Manhole covers associated with USTs

No

Fill or vent pipes No

UST-sized patched areas of asphalt or cement Pumping Equipment NA

Hydraulic lifts for service bays and elevators

NA

Manometers or other volumetric indicators

NA

Petroleum or chemical odors in basement

NA

Leaks of petroleum or other products through cracks in exterior or retaining walls

NA

Small fuel oil stain area in 00035 basement in vicinity of fuel oil tanks

Other known or observed environmentally sensitive or suspect conditions on-site, such as roads or pathways with no apparent outlets

No

Evidence of discharges, leachate, migration, or run-off of potential contaminants from an off-site source onto the Subject Property

No

6.0 REGULATORY REVIEW

EDR provided a search of standard state and federal regulatory/environmental databases, tribal, local, various other ascertainable records, and EDR records (which include manufactured gas plants, historical auto, and historical cleaner databases) for the Subject Property (and surrounding properties). The EDR Radius Map™ Report with GeoCheck®, dated September 19, 2022, is included in Appendix G). Additional databases/Reports reviewed by LEGEND are listed in Section

8.0.

The Subject Property was not found on any database searched by EDR.

One LUST (leaking underground storage tank) was identified within 1/8 mile of the subject property area. The site is NE of the subject property area and is the Rosebud Indian Health

Services Hospital Lower Compound, no street address. The description is as a fuel oil spill

ROSEBUD - 14 | P a g e reported 09/04/2001 and closed 02/13/2002. Closure indicates that it was satisfactorily remediated, and even though up water gradient from the subject buildings, is not a significant risk to the buildings.

There are 10 LUSTs reported from 1/8 mile to ½ mile all located to the south of the subject property area downstream of ground water flow that would not impact the subject property. The majority of these are related to federal, church, and school UST removals.

A brownfields federal site is identified as the “old SGU property, BIA, 2 miles north of county road

44, Rosebud, SD. The information provided indicates the focus is on the building asbestos materials and lead-based paint and PCB ballasts and not a subsurface-related concern. This site is south of the subject property ¼ to ½ mile and not expected to have any impact on the subject property area. A site identified as the “Old BIA Jail”, BIA 1 circle drive, Rosebud ¼ - ½ mile south of the subject property is also identified as a brownfields site. No details are provided as to extent of hazard but information indicates it is also hazardous materials in a building with some contamination extending to soils. This site is south of the subject property and not expected to have any impact on the subject property. A site identified as “Blue Building” Bureau of Indian

Affairs Highway 7, Rosebud is also building related with primary hazard being flaking lead-based paint contaminating surface soils. This is also south of the subject property ¼ to ½ mile of the subject property and not expected to have any impact on the subject property. A brownfields site identified as the “old community health representatives building on BIA 1, Block south of legion avenue in Rosebud also seems to be building related with asbestos, lead-based paint, and PCBs.

This one is also south of the subject properties but appears to have been cleaned up.

Two sites were listed on the orphans list where address is unknown. Rosebud Lift Station is listed as on North Spotted Tail Lane which is expected to be too far west to impact the subject property.

Lift Stations are normally associated with waste treatment facilities lifting waste to a higher elevation by means of a pump. No details are given for the environmental matter but most likely associated with a spill of fuels used for the pump. This location is too far west to impact the subject property. Another orphan is identified as Sicangu Village Estates WWTP Flood. This is also related to wastewater treatment and may be related to the old wastewater treatment site noted on the 1969 topographical map as being on Wasta Drive north and west of the subject property.

This also is not expected to impact the subject property.

7.0 ENVIRONMENTAL CONCERNS

7.1 Recognized Environmental Conditions (RECs)

This Phase I Environmental Site Assessment has identified recognized environmental conditions

(RECs) in connection with the Subject Property buildings asbestos and lead-based paint materials.

There were no exterior conditions noted as environmental conditions during this survey.

ROSEBUD - 15 | P a g e

8.0 REFERENCE DOCUMENTS

EDR Environmental Data Resources, Inc.; The Radius Map Report with GeoCheck; September 19, 2022.

Certified Sanborn® Map Report; September 19, 2022.

The EDR - City Directory Image Report; September 19, 2022.

USGS topographic maps (EDR Historical Topo Map Report; September 19, 2022).

Aerial photographs (The EDR Aerial Photo Decade Package; December 28, 2020).

Rosebud Sioux Law and Order Code Title 18: Land Use specifically 18-1-102 Lack of Adequate Land Use Regulations

FEMA Flood Map Service Center: Search by Address Search Results – Products for Todd County Unincorporated.

Water-Quality and Biological Characteristics of the Little White Rive and Selected Tributaries, Todd County, South Dakota, 2002 – 2003

Wikipedia Rosebud, South Dakota

Rosebud Agency historical agency records from the late 1800s.

South Dakota Public Utilities Commission Towns and Corresponding Utilities as of March 15, Rosebud Indian Reservation from West Boundary east to Dog Creek, accompanying annual report of 1885.

Sicangu Village Estates WWTP FLO, Sicangu Oyate Lakota Sioux Tribal Land, Rosebud, SD

57570, EDR

Rosebud Lift Station, Along North Spotted Tail Lane, Rosebud, SD 57570, EDR

9.0 STANDARD OF CARE

This report presents our findings and recommendations. Recommendations are based on current published information and regulatory requirements. Other than this no warranty or guarantee is made or implied.

Cordially, LEGEND TECHNICAL SERVICES, INC.

Cheryl A Sykora, CIH,CSP,CHMM Senior Industrial Hygienist

ROSEBUD - 16 | P a g e

APPENDIX D

The EDR-City Directory Image Report

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572

Inquiry Number: 7120922.5

September 21, 2022

The EDR-City Directory Image Report

6 Armstrong Road Shelton, CT 06484 800.352.0050 www.edrnet.comEnvironmental Data Resources IncEnvironmental Data Resources IncEnvironmental Data Resources IncEnvironmental Data Resources Inc

TABLE OF CONTENTS

SECTION

Executive Summary

Findings

City Directory Images

Thank you for your business.

Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice

This Report contains certain information obtained from a variety of public and other sources reasonably available to

Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER

IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING

OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR

USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC.

BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER

CAUSE, FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR

EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY

LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction orforecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice.

Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc. or its affiliates is prohibited without prior written permission.

EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates.

All other trademarks used herein are the property of their respective owners.

EXECUTIVE SUMMARY

DESCRIPTION

Environmental Data Resources, Inc.’s (EDR) City Directory Report is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting f rom past activities.

EDR’s City Directory Report includes a search of available city directory data at 5 year intervals.

RECORD SOURCES

EDR's Digital Archive combines historical directory listings f rom sources such as Cole Information and Dun & Bradstreet. These standard sources of property information complement and enhance each other to provide a more comprehensive report.

EDR is l icensed to reproduce certain City Directory works by the copyright holders of those works. The purchaser of this EDR City Directory Report may include it in report(s) delivered to a customer. Reproduction of City Directories without permission of the publisher or licensed vendor may be a violation of copyright.

RESEARCH SUMMARY

The following research sources were consulted in the preparation of this report. A check mark indicates where information was identif ied in the source and provided in this report.

Year Target Street Cross Street Source

2017 ¨ ¨ EDR Digital Archive

2014 ¨ ¨ EDR Digital Archive

2010 ¨ ¨ EDR Digital Archive

2005 ¨ ¨ EDR Digital Archive

2000 ¨ ¨ EDR Digital Archive

1995 ¨ ¨ EDR Digital Archive

1992 ¨ ¨ EDR Digital Archive

7120922- 5 Page 1

FINDINGS

TARGET PROPERTY STREET

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572

Year CD Image Source

N SPOTTED TAIL LANE

2017 - EDR Digital Archive Street not listed in Source

2014 - EDR Digital Archive Street not listed in Source

2010 - EDR Digital Archive Street not listed in Source

2005 - EDR Digital Archive Street not listed in Source

2000 - EDR Digital Archive Street not listed in Source

1995 - EDR Digital Archive Street not listed in Source

1992 - EDR Digital Archive Street not listed in Source

7120922- 5 Page 2

FINDINGS

CROSS STREETS

Year CD Image Source

TINY RD

2017 - EDR Digital Archive Street not listed in Source

2014 - EDR Digital Archive Street not listed in Source

2010 - EDR Digital Archive Street not listed in Source

2005 - EDR Digital Archive Street not listed in Source

2000 - EDR Digital Archive Street not listed in Source

1995 - EDR Digital Archive Street not listed in Source

1992 - EDR Digital Archive Street not listed in Source

7120922- 5 Page 3

APPENDIX E

EDR Historical Topo Map Report

Inquiry Number:

6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com with QuadMatch™

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572

September 19, 2022

7120922.4

EDR Inquiry #

Search Results:

P.O.# Project:

Maps Provided:

Disclaimer - Copyright and Trademark Notice

EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners.

page-

Coordinates:

Latitude:

Longitude:

UTM Zone:

UTM X Meters:

UTM Y Meters:

Elevation:

Contact:

Site Name: Client Name:

09/19/22

ROSEBUD IHS TRANSFER Legend Technical Svcs., Inc.

2218 N SPOTTED TAIL LANE 88 Empire Drive Saint Francis, SD 57572 Saint Paul, MN 55113

7120922.4 Cherylsykora@aol.com

EDR Topographic Map Library has been searched by EDR and maps covering the target property location as provided by Legend Technical Svcs., Inc. were identified for the years listed below. EDR’s Historical Topo Map Report is designed to assist professionals in evaluating potential liability on a target property resulting from past activities. EDRs Historical Topo Map Report includes a search of a collection of public and private color historical topographic maps, dating back to the late 1800s.

22-4204 43.238236 43° 14' 18" North

ROSEBUD IHS PROPERTY TRANSFER -100.856097 -100° 51' 22" West Zone 14 North 349296.74 4788943.53 2582.46' above sea level

This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property.

Additionally, the information provided in this Report is not to be construed as legal advice.

Copyright 2022 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.

7120922 4 2 page

Topo Sheet Key This EDR Topo Map Report is based upon the following USGS topographic map sheets.

2017 Source Sheets

Rosebud

7.5-minute, 24000 Saint Francis

7.5-minute, 24000 Soldier Creek SE

7.5-minute, 24000 Soldier Creek

7.5-minute, 24000

2015 Source Sheets

Rosebud

7.5-minute, 24000 Saint Francis

7.5-minute, 24000 Soldier Creek SE

7.5-minute, 24000 Soldier Creek

7.5-minute, 24000

2012 Source Sheets

Rosebud

7.5-minute, 24000 Saint Francis

7.5-minute, 24000 Soldier Creek SE

7.5-minute, 24000 Soldier Creek

7.5-minute, 24000

1969 Source Sheets

St. Francis

7.5-minute, 24000 Aerial Photo Revised 1966

Soldier Creek SE

7.5-minute, 24000 Aerial Photo Revised 1966

Rosebud

7.5-minute, 24000 Aerial Photo Revised 1966

Soldier Creek

7.5-minute, 24000 Aerial Photo Revised 1966

7120922 4 3

Historical Topo Map

SITE NAME:

ADDRESS:

CLIENT:

This report includes information from the following map sheet(s).

EW

SW S SE

NW N NE

0 Miles 0.25 0.5 1 1.5

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572 Legend Technical Svcs., Inc.

TP, Rosebud, 2017, 7.5-minute NE, Soldier Creek SE, 2017, 7.5-minute SW, Saint Francis, 2017, 7.5-minute NW, Soldier Creek, 2017, 7.5-minute

7120922 4 4

SITE NAME:

ADDRESS:

CLIENT:

This report includes information from the following map sheet(s).

EW

SW S SE

NW N NE

0 Miles 0.25 0.5 1 1.5

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572 Legend Technical Svcs., Inc.

TP, Rosebud, 2015, 7.5-minute NE, Soldier Creek SE, 2015, 7.5-minute SW, Saint Francis, 2015, 7.5-minute NW, Soldier Creek, 2015, 7.5-minute

7120922 4 5

SITE NAME:

ADDRESS:

CLIENT:

This report includes information from the following map sheet(s).

EW

SW S SE

NW N NE

0 Miles 0.25 0.5 1 1.5

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572 Legend Technical Svcs., Inc.

TP, Rosebud, 2012, 7.5-minute NE, Soldier Creek SE, 2012, 7.5-minute SW, Saint Francis, 2012, 7.5-minute NW, Soldier Creek, 2012, 7.5-minute

7120922 4 6

SITE NAME:

ADDRESS:

CLIENT:

This report includes information from the following map sheet(s).

EW

SW S SE

NW N NE

0 Miles 0.25 0.5 1 1.5

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572 Legend Technical Svcs., Inc.

TP, Rosebud, 1969, 7.5-minute NE, Soldier Creek SE, 1969, 7.5-minute SW, St. Francis, 1969, 7.5-minute NW, Soldier Creek, 1969, 7.5-minute

7120922 4 7

APPENDIX F

EDR Summary Radius Map Report

FORM-NULL-PVC

tropeR paM suidaR yrammuS RDE

6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com

ROSEBUD IHS TRANSFER

2218 N SPOTTED TAIL LANE

Saint Francis, SD 57572

Inquiry Number: 7120922.2s September 19, 2022

TABLE OF CONTENTS

SECTION PAGE

Executive Summary ES1

Overview Map 2

Detail Map 3

Map Findings Summary 4

Map Findings 8

Orphan Summary 53

Government Records Searched/Data Currency Tracking GR-1

GEOCHECK ADDENDUM

Physical Setting Source Addendum A-1

Physical Setting Source Summary A-2

Physical Setting SSURGO Soil Map A-5

Physical Setting Source Map A-10

Physical Setting Source Map Findings A-12

Physical Setting Source Records Searched PSGR-1

Thank you for your business.

Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice

This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, LLC. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. This Report is provided on an "AS IS", "AS AVAILABLE" basis. NO WARRANTY EXPRESS OR IMPLIED IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, LLC AND ITS SUBSIDIARIES, AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THIS REPORT OR ANY OF THE DATA AND INFORMATION PROVIDED IN THIS REPORT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION, OR OTHERWISE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, LLC OR ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO ANYONE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA) INFORMATION PROVIDED IN THIS REPORT. Any analyses, estimates, ratings, environmental risk levels, or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property.

Only an assessment performed by a qualified environmental professional can provide findings, opinions or conclusions regarding the environmental risk or conditions in, on or at any…