B08_Attachment_6_-_NPS_Gaston_Motel_Phase_I_ESA.pdf

PHASE I

ENVIRONMENTAL

SITE ASSESSMENT

NPS – GASTON MOTEL

Birmingham, Alabama

PREPARED FOR:

Houser Walker Architecture

1819 Peachtree Road, NE.

Suite 102

Atlanta, Georgia 30309

NOVA Project Number: 10102-3023033

July 3, 2023

P R O F E S S I O N A L | P R A C T I C A L | P R O V E N

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July 3, 2023

HOUSER WALKER ARCHITECTURE

1819 Peachtree Road, NE.

Suite 102

Atlanta, Georgia 30309

Attention: Mr. Rick Bizot

Subject: Phase I Environmental Site Assessment

Birmingham, Jefferson County, Alabama

NOVA Project Number 10102-3023033

Dear Mr. Bizot:

NOVA Engineering and Environmental, LLC (NOVA) has completed the authorized Phase I

Environmental Site Assessment (ESA) for the National Park Service (NPS) - Gaston Motel site located at 1510 5th Avenue North, Birmingham, Jefferson County, Alabama. The work was performed in general accordance with the Houser Walker Architecture (HWA) Task Order

Agreement (FRRI 253825), dated October 14, 2022.

The Phase I ESA work was performed in general accordance with ASTM International Standard

Practice for Environmental Site Assessments: Phase I Environmental Site Assessment

Process, Designation: E1527-21 unless otherwise stated herein. The attached report presents our understanding of the project information, a description of the environmental consulting services provided by NOVA, and our findings and conclusions.

We appreciate your selection of NOVA and the opportunity to be of service on this project. If you have any questions, or if we may be of further assistance, please do not hesitate to contact us.

Sincerely, NOVA Engineering and Environmental, LLC

Nathan Parker Keith Rice

Project Geologist Senior Geologist

Environmental Services

Copies Submitted: Addressee (electronic)

TABLE OF CONTENTS

ENVIRONMENTAL PROFESSIONAL STATEMENT……………………….…………………………………………..i

1.0 SUMMARY

1.1 RECOGNIZED ENVIRONMENTAL CONDITIONS

1.2 CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS

1.3 HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS

1.4 BUSINESS ENVIRONMENTAL RISKS

1.5 VAPOR MIGRATION

1.6 DE MINIMIS CONDITIONS

1.7 RECOMMENDATIONS

2.0 INTRODUCTION

2.1 GENERAL

2.2 PURPOSE

2.3 SCOPE OF SERVICES

2.4 ASSUMPTIONS

2.5 LIMITATIONS AND EXCEPTIONS

2.6 SPECIAL TERMS AND CONDITIONS

2.7 USER RELIANCE

3.0 SITE DESCRIPTION

3.1 LOCATION AND LEGAL DESCRIPTION

3.2 SUBJECT PROPERTY AND VICINITY GENERAL CHARACTERISTICS

3.3 CURRENT USE OF THE PROPERTY

3.4 DESCRIPTIONS OF PROPERTY IMPROVEMENTS

4.0 USER PROVIDED INFORMATION

5.0 INTERVIEWS

5.1 INTERVIEW WITH OWNER

5.2 INTERVIEWS WITH SITE MANAGER

5.3 INTERVIEWS WITH OCCUPANTS

5.4 INTERVIEWS WITH LOCAL GOVERNMENT OFFICIALS

5.5 INTERVIEWS WITH OTHERS

6.0 RECORDS REVIEW

6.1 PHYSICAL SETTING SOURCES

6.2 ENVIRONMENTAL RECORD SOURCES

6.3 HISTORICAL USE INFORMATION

7.0 SUBJECT PROPERTY RECONNAISSANCE

7.1 METHODOLOGY AND LIMITING CONDITIONS

7.2 GENERAL PROPERTY SETTING

7.3 OBSERVATIONS

7.4 NON-ASTM CONSIDERATIONS/OBSERVATIONS

8.0 FINDINGS, OPINIONS AND CONCLUSIONS

8.1 RECOGNIZED ENVIRONMENTAL CONDITIONS

8.2 CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS

8.3 HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS

8.4 BUSINESS ENVIRONMENTAL RISKS

8.5 VAPOR MIGRATION

8.6 DE MINIMIS CONDITIONS

8.7 RECOMMENDATIONS

9.0 DEVIATIONS AND DATA GAPS

10.0 ADDITIONAL SERVICES

11.0 REFERENCES

APPENDICES

Appendix A – Figures and Maps

Appendix B – Site Photographs

Appendix C – Regulatory Records Documentation

Appendix D – Historic Research Documentation

Appendix E – Personnel Qualifications

Appendix F – Qualifications of Conclusions

Phase I ESA July 3, 2023

NPS – Gaston Motel NOVA Project Number 10102-3023033

ENVIRONMENTAL PROFESSIONAL STATEMENT

I declare that, to the best of my professional knowledge and belief, I meet the definition of

Environmental Professional as defined in § 321.10 of 40 C.F.R. § 312.

I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the Subject Property. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 C.F.R. Part 312.

Nathan Parker Keith Rice

Project Geologist Senior Geologist

Environmental Services

COMMONLY USED ACRONYMS

Following are regulatory and technical acronyms commonly used in NOVA Phase I

Environmental Site Assessment reports:

AAI All Appropriate Inquiry

ACM Asbestos-Containing Materials

ADEM Alabama Department of Environmental Management

AST Aboveground Storage Tank

ASTM ASTM International

BER Business Environmental Risk

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System

CERC-NFRAP CERCLIS No Further Remedial Action Planned

CFR Code of Federal Regulations

CONSENT Superfund (CERCLA) Consent Decrees

CORRACTS Corrective Action Report

CREC Controlled Recognized Environmental Condition

ECHO Enforcement & Compliance History Information

EP Environmental Professional

EPA United States Environmental Protection Agency

ESA Environmental Site Assessment

FINDS Facility Index System/Facility Registry System

HREC Historical Recognized Environmental Condition

HSI Hazardous Site Inventory

LEINS 2 CERCLA Liens Information

LBP Lead-Based Paint

LUST Leaking Underground Storage Tank

NPDES National Pollutant Discharge Elimination System

NPL National Priority List

OSHA Occupational Safety and Health Administration

PCB Polychlorinated Biphenyl

RCRA Resource Conservation and Recovery Act

RCRA-TSDF RCRA – Transportation, Storage and Disposal

RCRA-LQG RCRA – Large Quantity Generator

RCRA-SQG RCRA – Small Quantity Generator

RCRA-CESQG RCRA – Conditionally Exempt Small Quantity Generator

REC Recognized Environmental Condition

ERNS Emergency Response Notification System

SHWS State Hazardous Waste Site

SPILLS Spills Information

SWF/LF Solid Waste Disposal Facility

TRIS Toxic Chemical Release System

TSCA Toxic Substances Control Act

USGS United States Geological Survey

UST Underground Storage Tank

VCP Voluntary Cleanup Program

VEC Vapor Encroachment Condition

1.0 SUMMARY

We have performed a Phase I Environmental Site Assessment (ESA) in conformance with the scope and limitations of ASTM International Practice E1527-21 for the approximately

0.23-acre property located at 1510 5th Avenue North, Birmingham, Jefferson County, Alabama

(the “Subject Property”). Any exceptions to, or deletions from, this practice are described in

Section 9.0 of this report. This assessment has revealed no evidence of Recognized

Environmental Conditions in connection with the Subject Property except for the following:

1.1 RECOGNIZED ENVIRONMENTAL CONDITIONS

The following four (4) off-site issues were identified that are considered Recognized

Environmental Conditions (RECs) in connection with the Subject Property:

Off-Site

• Townsend Gulf Service facility was listed in the EDR database report as a

Historical Auto Station from 1967 to 1988 at 1524 5th Avenue North.

• An Undertaker building located approximately 140 feet east and addressed at

1528 5th Avenue North was depicted with a gasoline tank on the 1951 Sanborn

Fire Insurance Map.

• Louis Murry CLDO CLNR facility was listed in the EDR database report as a

Historical Cleaner in 1925 at 1525 6th Avenue North.

• Collie Jasper LDO CLNR facility was listed in the EDR database report as a

Historical Cleaner in 1930 at 1527 6th Avenue North.

1.2 CONTROLLED RECOGNIZED ENVIRONMENTAL CONDITIONS

No on-site or off-site issues or conditions were identified during the site reconnaissance performed by NOVA personnel or in the review of regulatory databases that resulted in Controlled Recognized Environmental Conditions (CRECs) at the

Subject Property.

1.3 HISTORICAL RECOGNIZED ENVIRONMENTAL CONDITIONS

that resulted in Historical Recognized Environmental Conditions (HRECs) at the

1.4 BUSINESS ENVIRONMENTAL RISKS

reconnaissance performed by NOVA personnel, or in the review of regulatory databases that resulted in Business Environmental Risks (BERs) at the Subject

Property.

1.5 VAPOR MIGRATION

Impacted soil/groundwater resulting in vapor migration conditions that require further assessment have not been identified at the Subject Property at this time. However, the RECs identified above represent potential sources of contaminant vapors which could migrate to future occupied portions of the Subject Property. If impacted soil/groundwater is identified at the Subject Property at a later date, the potential for vapor migration should be evaluated.

1.6 DE MINIMIS CONDITIONS

None observed.

1.7 RECOMMENDATIONS

Based on the findings, opinions, and conclusions of this Phase I ESA, NOVA recommends groundwater sampling be performed to assess the potential impact from the identified

RECs.

1.8 SIGNIFICANT ASSESMENT DATES

The user viability dates for this report, per ASTM E1527-21, are based on the completion dates in the following table:

Activity Completion Date

Site Visit March 16, 2023

Interviews March 28, 2023

Regulatory File Review March 16, 2023

Environmental Lien Search Not provided by Client.

This summary is provided for convenience and should not be substituted for review of the full report, including all attachments as provided herein.

2.0 INTRODUCTION

2.1 GENERAL

NOVA Engineering and Environmental, LLC (NOVA) was authorized by Houser Walker

Architecture (the Client/User) to perform a Phase I ESA for the approximately 0.23-acre property located at 1510 5th Avenue North, Birmingham, Jefferson County, Alabama (the

“Subject Property”).

2.2 PURPOSE

This Phase I ESA was performed to identify recognized environmental conditions (RECs) associated with the Subject Property. The Phase I ESA is intended to constitute “all appropriate inquiry” into the previous ownership and uses of the Subject Property consistent with good commercial and customary practices as defined by the

Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (42

USC § 9601). In addition, the Phase I ESA is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations to CERCLA liability.

This Phase I ESA addresses existing and past uses and conditions relating to the Subject

Property. NOVA makes no representation regarding the future or potential use of the

Subject Property except for those items explicitly stated in this report.

This assessment was conducted in general accordance with the scope and limitations of

ASTM Standard E-1527-21, Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process (the Standard Practice) unless otherwise stated herein. Our assessment, conclusions and recommendations are based on site conditions, observations, interviews, and a review of readily available information, as they existed at the time of our review.

2.3 SCOPE OF SERVICES

Phase I ESAs are described as general characterizations of environmentally sensitive activities and conditions that are identifiable through practically reviewable information and visual, non-invasive observations for the purpose of identifying RECs. The Standard provides the following definition for a REC:

• REC – (1) the presence of hazardous substances or petroleum products in, on, or at the Subject Property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the Subject Property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the Subject Property under conditions that pose a material threat of a future release to the environment.

The Standard also provides the following definitions for a Historical Recognized

Environmental Condition (HREC), a Controlled Recognized Environmental Condition

(CREC) and a business environmental risk (BER):

• HREC – a previous release of hazardous substances or petroleum products affecting the Subject Property that has been addressed to the satisfaction of the applicable regulatory authority or authorities and meeting unrestricted use criteria established by the applicable regulatory authority or authorities without subjecting the Subject

Property to any controls (for example, activity and use limitations or other property use limitations). A Historical Recognized Environmental Condition is not a recognized environmental condition.

• CREC – a Recognized Environmental Condition affecting the Subject Property that has been addressed to the satisfaction of the applicable regulatory authority or authorities with hazardous substances or petroleum products allowed to remain in place subject to implementation of required controls (for example, activity and use limitations or other property use limitations).

• BER – a risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of commercial real estate, not necessarily related to those environmental issues required to be investigated in this practice.

These terms are not intended to include de minimis conditions which are conditions related to a release that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. A condition determined to be a de minimis condition is not a Recognized Environmental Condition, a Historical

Recognized Condition, or a Controlled Recognized Environmental Condition.

In addition, the potential for vapor migration in the subsurface discussed in this assessment should not be construed as the identification of Vapor Encroachment

Conditions (VEC) defined by ASTM 2600.

Services performed for this project include a process involving and/or considering the following:

• Review of available environmental lists published by federal and state agencies

(i.e., regulatory database report) in an attempt to identify environmentally sensitive activities (past or present) on the subject and adjoining properties.

• Review of physical characteristics of the Subject Property through field observations and a review of readily available documents including geologic and topographic maps, aerial photographs, and historic maps.

• Reconnaissance of reasonably accessible portions of the Subject Property and surrounding areas to visually identify obvious present or past conditions or activities that may pose an environmental threat to the Subject Property.

• Interview of local regulatory agency personnel and others knowledgeable about the history of the Subject Property.

• A qualitative hydrogeological evaluation of the Subject Property and vicinity using both published topographic maps and field observations.

• Preparation of this report summarizing our services, findings, and conclusions.

A site vicinity map, topographic map, aerial photograph, site photographs, regulatory database report, regulatory and/or government agency correspondence, and other supporting documents and information are included as appendices to this report.

The sampling and testing of soil, air and/or other materials is beyond the scope of this study. The identification of asbestos containing materials (ACM), radon, vapor encroachment, lead based paint (LBP), lead in drinking water, wetlands, Waters of the

United States, Waters of the State, regulatory compliance, cultural and historic resources, industrial hygiene, health and safety, ecological resources, rare or endangered species, air quality, noise impacts, biological agents and mold are also beyond the scope of this

Phase I ESA. No implication is intended as to the relative importance of these additional environmental items, and this list of items is not intended to be all inclusive.

2.4 ASSUMPTIONS

The information gathered during this assessment was information that was “practically reviewable.” This is, by definition, information that is provided by the source in a manner and in a form that, upon examination, yields information relevant to the property without the need for extraordinary analysis of irrelevant data. The form of the information is such that the environmental professional can review the records for a limited geographic area.

Records that cannot be feasibly retrieved by reference to the location of the property or a geographic area in which the property is located (such as records that are sorted chronologically) are not considered practically reviewable.

In addition, for large databases with numerous records it is common for an unmanageable number of sites to be identified, even within a smaller geographic area such as a zip code. In these cases when so much data is generated that it cannot be feasibly reviewed for its impact on the property, it is considered not practically reviewable.

The information provided herein is that which is publicly available. Information that is publicly available means that the source of the information allows access to the information by anyone upon request at a reasonable time and cost.

2.5 LIMITATIONS AND EXCEPTIONS

NOVA has performed a Phase I ESA in accordance with the Standard Practice, which is a limited inquiry into a property's environmental status and is not sufficient to discover every potential source of environmental liability or environmental impact, if any, of the property to be evaluated. No ESA can wholly eliminate uncertainty regarding the potential for RECs in connection with a property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a property, and this practice recognizes reasonable limits of time and cost.

The appropriate level of inquiry is variable. Not every property will warrant the same level of assessment. Consistent with good commercial or customary practices, the appropriate level of environmental site assessment will be guided by the type of property subject to assessment, the expertise and risk tolerance of the Users, and the information developed in the course of the inquiry.

NOVA's findings, opinions, and conclusions are based on information which is reasonably ascertainable from standard sources at the time of the assessment through site reconnaissance, visual assessment of surficial conditions, records review, interviews and other standard investigative techniques used in the industry at this time. It is possible that other information exists or may subsequently become known that may impact or change the site assessment after NOVA's services are complete.

In conducting this Phase I ESA and preparing the ESA report, NOVA reviewed, interpreted, and relied upon information provided by others, including, but not limited to individuals, government authorities, subcontractors, and other entities. NOVA has not performed an independent evaluation of the accuracy or completeness of such information.

NOVA’s assessment represents our professional opinion, only. Therefore, NOVA cannot, under any circumstances, make a statement of warranty or guarantee, expressed or implied, that RECs, environmental impairment, or environmental impacts are limited to those that are discovered while we are performing the Phase

I ESA.

Specific limitations, exceptions, and/or data gaps/failures related to this ESA are as follows:

• The use of the Subject Property was not identified back to the Subject Property’s first developed use. The Subject Property appears to have been developed with two (2) residential structures in a 1902 Sanborn Fire Insurance Map.

• Chain-of-title, which is optional per the ASTM standard, was not provided to NOVA for review.

• The current property owner was contacted but did not respond to NOVA’s request

(via their representative) to complete an interview questionnaire. NOVA has not received a completed questionnaire as of the date of this Phase I ESA report.

• The User of the report was provided a User Questionnaire to complete. A completed

User Questionnaire has not been received as of the date of this Phase I ESA report.

• Previous property owners, tenants, and/or site managers were not contacted for interviews regarding the Subject Property’s history and use.

NOVA’s professional opinion regarding the significance and/or materiality of these limiting conditions, exceptions, and/or data gaps/failures is provided in Section 9.0.

2.6 SPECIAL TERMS AND CONDITIONS

The Terms and Conditions for this Phase I ESA were set forth in the Houser Walker

Architecture (HWA) Task Order Agreement (BICR 316236), dated October 14, 2022, and

Master Contract Agreement dated October 21, 2022. No additional special terms and/or conditions were established for this Phase I ESA.

2.7 USER RELIANCE

NOVA’s Phase I ESA report, along with the findings and conclusions contained in the report, either in completed form, summary form, or by extraction, is prepared, and intended, for the sole use of the Client and therefore may not contain sufficient information for other purposes or parties.

The contents of NOVA's report will continue to be the property of NOVA. NOVA's report may not be disclosed to, used by, or relied upon by, any person or entity other than the

Client without the express written consent of NOVA. A reliance letter will be issued to other related parties as discussed with and agreed to by NOVA.

Authorization for disclosure to a third party or authorization for third-party reliance on a final report will be considered by NOVA upon the written request of the Client. NOVA reserves the right to deny authorization to allow disclosure or reliance of NOVA's report to third parties.

3.0 SITE DESCRIPTION

3.1 LOCATION AND LEGAL DESCRIPTION

The Subject Property consists of an approximately 0.23-acre property located at 1510

5th Avenue North, Birmingham, Jefferson County, Alabama. According to the Jefferson

County Geographic Information System (GIS) database, the Subject Property is identified as Parcel 22 00 35 1 011 004.000.

A legal description of the Subject Property was not provided to NOVA.

A Site Location Map and a Topographic Map depicting the location of the Subject Property and its surrounding topography are included in Appendix A (Figures 1 and 2). The approximate latitude and longitude coordinates of the Subject Property are 33.5153° north and 86.8149° west, respectively.

3.2 SUBJECT PROPERTY AND VICINITY GENERAL CHARACTERISTICS

The vicinity of the Subject Property is generally developed with commercial land uses, and it is bordered by the following:

Select photographs of the Subject Property taken by NOVA during the site reconnaissance activities (see Section 7.0) are included as Appendix B.

3.3 CURRENT USE OF THE PROPERTY

The Subject Property is currently developed with a former motel building that is under renovation.

DIRECTION LAND USE DESCRIPTION/OBSERVATIONS

NORTH

Birmingham Civil Rights Institute followed by 6th Avenue North and two (2) religious buildings.

EAST

Birmingham Civil Rights National Monument followed by 16th

Street North.

SOUTH 5th Avenue North, followed by commercial development.

WEST

Paved parking followed by 15th Street North and an automotive dealership.

3.4 DESCRIPTIONS OF PROPERTY IMPROVEMENTS

The Subject Property is currently developed with one (1) two-story structure that includes a former motel structure, currently under renovation. The Subject Property contains associated asphalt-paved parking adjacent to the building. The Subject

Property also contains one (1) storm water inlet located along the northeast border.

The Subject Property is bordered by 5th Avenue N to the south.

Public utilities are currently connected to the Subject Property. Electricity and potable water and sewer services are provided to the Subject Property by Alabama Power and

Birmingham Water Works, respectively.

4.0 USER PROVIDED INFORMATION

The “All Appropriate Inquiries” Final Rule (40 CFR Part 312) requires certain tasks be performed by the User in order to qualify for one of the Landowner Liability Protections (LLPs) to CERCLA liability. Failure to provide this information could result in a determination that all appropriate inquiry is not complete; consequently, fulfillment of these User responsibilities is key to qualification for the available defenses to CERCLA liability.

The User of the report was provided a User Questionnaire to complete. A completed User

Questionnaire has not been received as of the date of this Phase I ESA report.

5.0 INTERVIEWS

As part of the Phase I ESA, interviews were conducted with select persons familiar with the Subject Property to provide insight into past activities or conditions material to recognized environmental conditions in connection with the Subject Property.

5.1 INTERVIEW WITH OWNER

The current property owner was contacted but did not respond to NOVA’s request (via their representative) to complete an interview questionnaire. NOVA has not received a completed questionnaire as of the date of this Phase I ESA report.

5.2 INTERVIEWS WITH SITE MANAGER

Not applicable, a site manager was not available to interview during NOVA’s site reconnaissance.

5.3 INTERVIEWS WITH OCCUPANTS

Not applicable, occupants were not available to interview during NOVA’s site reconnaissance.

5.4 INTERVIEWS WITH LOCAL GOVERNMENT OFFICIALS

NOVA contacted the City of Birmingham Fire Department for information related to historical incidents that may have included hazardous substance spills or releases reported for the Subject Property. A response from the Public Information Request Team

(no name provided) did not indicate records were available and stated that information should be obtained from the Alabama Department of Environmental Management

(ADEM).

NOVA contacted the Jefferson County Department of Health for records related to current or past environmental concerns including water quality at the Subject Property on March 28, 2023. No response has been received as of the date of this report.

NOVA contacted the ADEM for records related to current or past environmental concerns including water quality at the Subject Property. According to Mr. Azure Jones with the

Alabama Department of Environmental Management, as of March 31, 2023, there were no records of incident for the Subject Property.

5.5 INTERVIEWS WITH OTHERS

None.

6.0 RECORDS REVIEW

6.1 PHYSICAL SETTING SOURCES

6.1.1 Topography

The generally rectangular shaped Subject Property is located within the

Birmingham North, Alabama, United States Geological Survey, 7.5-minute series topographic quadrangle map. Topographically, the Subject Property is generally flat but the overall area slopes downward from a high point of approximately 600 feet above mean sea level (MSL) near 17th Street to the east of the Subject

Property to approximately 580 feet-MSL near 14th Street to the west of the

6.1.2 Site And Area Geology

The Subject Property is located in the Alabama Valley and Ridge Geologic Region.

This region is characterized by elongated, northeasterly-trending ridges formed on more resistant sandstones and shales. Between the ridges, broad valleys and rolling hills were formed on less resistant limestones, dolomites, and shales. The

Alabama Valley and Ridge Geologic Region is bounded by the Cumberland Plateau

Geologic Region to the northwest, the Piedmont Upland Geologic Region to the southeast, and the East Gulf Coastal Plain Geologic Region to the southwest.

The site is in a geologic setting referred to as Karst Geology. It includes carbonate bedrock (limestone) that is susceptible to solution weathering in the presence of slightly acidic groundwater over geologic periods. Differential weathering of the rock mass has resulted in erratically varying subsurface conditions, evidenced by abrupt changes in soil type and consistency over relatively short horizontal and vertical distances. Soils in the region are primarily the product of in-situ chemical decomposition and chemical solution weathering of the parent rock. The soil consistency (based on the SPT or N values) generally is higher in the upper strata, but becomes softer with depth as a result of the solution weathering of the underlying carbonate bedrock. The consistency of the soils near the interface with limestone bedrock is often very soft. The parent limestone dissolves along joints, fractures and bedding planes into clayey soil.

The remnant limestone often has a slotted and pinnacled surface and may contain fingers of more resistant material projecting upward through the soil mass or contain subterranean voids that can range in size from fractions of an inch to very large caverns.

6.1.3 Soils

Based on a review of online web soil survey (WSS) maps published by the United

States Department of Agriculture (USDA) for Jefferson County, Alabama (survey area data dated September 14, 2022), the Subject Property is primarily Urban

Land (Ub).

Urban land consists of areas that have been altered by cutting, filling, and shaping. Parking lots, streets, commercial buildings, and residential dwellings are typically located in these areas. The Urban Land series consists of unidentified depths and drainage in soils. Slopes are dominantly 0 to 45 percent.

Review of the Geologic Map of Alabama suggests the Subject Property is underlain by the Conasauga Formation.

6.1.4 Groundwater

Groundwater in the Valley and Ridge typically occurs as an unconfined or semi-confined aquifer condition. Recharge is provided by the infiltration of rainfall and surface water through the soil overburden. More permeable zones in the soil matrix, as well as fractures, joints and discontinuities in the underlying bedrock can affect groundwater conditions. The groundwater table in the Valley and

Ridge is expected to be a subdued replica of the original surface topography. The

Subject Property is located in the Valley Creek watershed, a sub-basin of the

Black Warrior River watershed. Based on a review of the topographic maps and visual observations, we anticipate the local groundwater to generally flow west-southwest of the Subject Property toward Valley Creek, which flows west to its confluence with the Black Warrior River.

The groundwater levels in developed areas can be influenced by leaks from underground water and sewer lines; consequently, the water table may not always mimic site topography and may vary in the future.

6.1.5 Flood Zone Information

Based on a review of the Federal Emergency Management Agency (FEMA) online

Flood Insurance Rate Map (FIRM) for the Subject Property (map number

01073C0389H, dated March 21, 2019), it is located within Zone X. Zone X designates areas that are interpreted to be outside the 0.2 percent (500-year) annual chance floodplain.

6.1.6 Record of Water Wells

A review of the EDR GeoCheck® Physical Setting Source Summary addendum did not identify the presence of water wells at the Subject Property.

Furthermore, no active production wells or pump stations were observed at the

Subject Property during NOVA’s March 16, 2023, site reconnaissance visit (see

Section 7.0).

6.2 ENVIRONMENTAL RECORD SOURCES

Environmental Data Resources, Inc. (EDR®) of Milford, Connecticut conducted a commercial database search of regulatory databases. This is a review of published governmental records from federal and state environmental regulatory agencies. It was conducted to identify use, generation, storage, treatment or disposal of hazardous substances and petroleum products, and/or release incidents of such materials that may have the potential to impact the Subject Property or nearby sites.

The federal and state/tribal environmental databases obtained from EDR® and reviewed by NOVA were generated in general accordance with the ASTM E1527-21 guidelines for standard environmental record sources for this assessment. Such reports are typically used to review the potential environmental impact of activities at the Subject Property or nearby sites. The full EDR® database search report for this project is included in Appendix C.

Standard Environmental Records

FEDERAL DATABASE SEARCH DISTANCES

Federal NPL site list 1.0 mile

Federal Delisted NPL site list 0.5 mile

Federal CERCLIS list 0.5 mile

Federal CERCLIS NFRAP site list 0.5 mile

Federal RCRA CORRACTS facilities list 1.0 mile

Federal RCRA non-CORRACTS TSD facilities list 0.5 mile

Federal RCRA generators list Property and adjoining properties

Federal Institutional control/engineering control registries Property only

Federal ERNS List Property only

STATE / TRIBAL DATABASE SEARCH DISTANCES

State and tribal lists of hazardous waste sites identified for investigation for remediation:

• State and tribal equivalent NPL 1.0 mile

• State and tribal equivalent CERCLIS 0.5 mile

State and tribal landfill and/or solid waste disposal site lists 0.5 mile

State and tribal equivalent leaking storage tank lists 0.5 mile

State and tribal registered storage tank lists Property and adjoining properties

State and tribal Institutional control / engineering control registries

Property only

State and tribal voluntary cleanup sites 0.5 mile

State and tribal Brownfield sites 0.5 mile

In addition to the above standard databases, a number of non-standard/supplemental databases were reported by EDR and reviewed by NOVA as part of this investigation.

Further details regarding database names, search radii, and responsible agencies are included in the EDR report attached in Appendix C, Regulatory Records

Documentation.

6.2.1 Subject Property

The Subject Property was not listed in the regulatory databases included in the

EDR Report.

6.2.2 Adjoining Sites

Adjoining sites have a border which is contiguous or partially contiguous with that of the Subject Property, or that would be contiguous or partially contiguous with that of the Subject Property but for a street, road or other public thoroughfare separating them.

No adjoining sites were identified in the EDR Report.

6.2.3 Surrounding Area Sites

The following regulatory sites were identified in the EDR Report within the specified search distances relative to the Subject Property.

SITE NAME/ ADDRESS DATABASES DISTANCE

UP

GRADIENT

SIDE

GRADIENT

DOWN

GRADIENT

DIFFERENT

DRAINAGE

BASIN

McGhee Jas C Auto Repair

1501 5th Ave N &

419 15th St N

EDR

Historical

Auto

100 Feet X

The McGhee Jas C Auto Repair facility was listed in the EDR database report as a Historical Auto Station from 1930 to 1935. This facility is located approximately 100 feet west of the Subject Property and down-gradient with respect to interpreted groundwater flow direction. This facility is not listed as an Alabama Department of Environmental Management (ADEM) underground storage tank (UST) site.

Based on the distance across 5th Avenue North (100 feet) and location down-gradient with respect to interpreted groundwater flow direction, the McGhee Jas

C Auto Repair facility is not considered a REC in connection with the Subject

Property at this time.

UP

GRADIENT

SIDE

GRADIENT

DOWN

GRADIENT

DIFFERENT

DRAINAGE

Townsend Gulf Service

1524 5th Ave N

EDR

Historical

115 Feet X

The Townsend Gulf Service facility was listed in the EDR database report as a

Historical Auto Station from 1967 to 1988 at 1524 5th Avenue North. This facility is located approximately 115 feet east of the Subject Property and up-gradient with respect to interpreted groundwater flow direction. This facility is not listed as an Alabama Department of Environmental Management (ADEM) underground storage tank (UST) site.

Based on the up-gradient location with respect to interpreted groundwater flow direction, lack of regulatory listings indicating proper closure and no assessment of potential historical USTs, the Townsend Gulf Service facility is considered a REC in connection with the Subject Property at this time.

GRADIENT

SIDE

GRADIENT

DOWN

GRADIENT

DIFFERENT

DRAINAGE

Louis Murry CLDO CLNR

1525 6th Ave N

Historical

Cleaner

245 Feet X

The Louis Murry CLDO CLNR facility was listed in the EDR database report as a

Historical Cleaner in 1925 at 1525 6th Avenue North. This facility is located on a portion of the current Birmingham Civil Rights Institute approximately 245 feet northeast of the Subject Property and up-gradient with respect to interpreted groundwater flow direction. This location was depicted as a store in a 1911 historical fire insurance map.

direction, and typical use of solvents used at dry cleaners, the Louis Murry CLDO

CLNR facility is considered a REC in connection with the Subject Property at this time.

GRADIENT

SIDE

GRADIENT

DOWN

GRADIENT

DIFFERENT

DRAINAGE

Collie Jasper LDO CLNR

1527 6th Ave N

Historical

Cleaner

225 Feet X

The Collie Jasper LDO CLNR facility was listed in the EDR database report as a

Historical Cleaner in 1930 at 1527 6th Avenue North. This facility is located on a portion of the current Birmingham Civil Rights Institute approximately 225 feet northeast of the Subject Property and up-gradient with respect to interpreted groundwater flow direction. This location was depicted as a store in a 1911 historical fire insurance map.

direction, and typical use of solvents used at dry cleaners, the Louis Murry CLDO

CLNR facility is considered a REC in connection with the Subject Property at this time.

GRADIENT

SIDE

GRADIENT

DOWN

GRADIENT

DIFFERENT

DRAINAGE

Sixteeneth St Serv

1501 5th Ave N &

419 15th St N

EDR

Historical

450 Feet X

The Sixteeneth St Serv facility was listed in the EDR database report as a

Historical Auto Station from 1946 to 1971. This facility is located approximately

450 feet southeast of the Subject Property and side-gradient with respect to interpreted groundwater flow direction. This facility is not listed as an Alabama

Department of Environmental Management (ADEM) underground storage tank

(UST) site.

Based on the distance (450 feet) and location side-gradient with respect to interpreted groundwater flow direction, the Sixteeneth St Serv facility is not considered a REC in connection with the Subject Property at this time.

Seventy-one (71) additional sites were identified in the EDR Report within the specified search distances that are distal, downgradient, or in different drainage basins relative to the Subject Property (please refer to Appendix C, Regulatory

Records Documentation). Due to these regulatory sites’ distance, separation from the Subject Property by a significant area of considerably higher topography, and/or interpreted groundwater flow direction, these regulatory sites are not considered RECs in connection with the Subject Property at this time.

6.2.4 Orphan Sites

Nineteen (19) "unmappable" or "orphan" sites, which are facilities that could not be plotted due to errors or missing information in the regulatory records, were identified in the EDR database report. It is our opinion that these orphan facilities listed were not adjoining sites. These facilities were not located upgradient within the respective search distances from the Subject Property based on the information provided and, in our opinion, are not considered RECs in connection with the Subject Property.

6.3 HISTORICAL USE INFORMATION

NOVA attempted to conduct a review of previous reasonably ascertainable environmental reports, historical maps, and aerial photographs to gain an understanding of the development history of the Subject Property. Available historical records reviewed by

NOVA were used to review the potential environmental impact of activities on the integrity of the Subject Property.

6.3.1 Historical Topographical Maps

The 7.5-minute topographic map of the Birmingham North Quadrangle (2020) depicts the Subject Property as developed with the Birmingham Civil Rights

National Monument. 5th Avenue North is located on the southern property boundary.

Historical topographic maps from 1889/1890, 1892, 1895, 1904/1905, 1906/1907, 1907, 1959, 1970/1971, 1975, 1978, 1987/1988, 1997, 2014, 2018, and 2020, obtained from EDR, were also reviewed by NOVA. The

1889/1890, 1892, and 1895 topographic maps depict the Subject Property and surrounding area properties with black hatch marks to indicate dense development. The 1904/1905, 1906/1907, and 1907 depict the Subject

Property and surrounding area properties with residential size structures. The

1959 and 1970/1971 topographic maps depict the Subject Property and surrounding area properties as shaded pink to indicate dense urban development. No structures are depicted on or adjoining the Subject Property.

The 1975 topographic map is shown as an aerial photograph with the Subject

Property and surrounding properties shown developed with commercial sized structures. The 1978, 1987/1988, and 1997 topographic maps depict the

Subject Property and surrounding area properties as shaded pink to indicate dense urban development. No structures are depicted on or adjoining the

Subject Property. The 2014, 2018, and 2020 topographic maps depict the

Subject Property and surrounding area properties as shaded white which replaces pink to indicate dense urban development. No structures are depicted on or adjoining the Subject Property; however, the 2018 and 2020 maps are noted with the Birmingham Civil Rights National Monument located on the

The maps reviewed by NOVA did not show any nearby landfills, pipelines, or surface mines. Copies of the topographical maps are included in Appendix D.

6.3.2 Sanborn® Maps

Copies of historical Sanborn® maps for the years 1888, 1891, 1902, 1911, 1951, and 1969 were obtained by NOVA from EDR. These Sanborn maps were reviewed in an attempt to identify changes in land use and areas of potential environmental concern. Copies of the Sanborn maps are included in Appendix D.

The following are descriptions and interpretations from the Sanborn® maps reviews:

1888 Sanborn Map: The coverage of the 1888 Sanborn Map does not include the Subject Property or adjoining properties. Residential structures are visible to the southeast of the Subject Property along 4th Avenue North.

1891 Sanborn Map: The Subject Property is shown as an empty lot with the surrounding area properties as developed with residential structures.

1902, and 1911 Sanborn Maps: The 1902 Sanborn Map depicts the Subject

Property and surrounding area properties developed with residential structures.

1951 Sanborn Map: The Subject Property remains residential. The east adjoining property is developed with two (2) private garages and apartments.

Further to the east at 1528 5th Avenue North is an Undertaker building depicted with a gasoline tank. The west adjoining property is shown as Used Auto Sales with a single small office building addressed at 1500 5th Avenue North. The northwest adjoining property is developed with Southern Burial Assn. that has a gasoline tank depicted addressed at 519 15th Street North. The north adjoining property is depicted as a vacant lot followed by residential buildings.

The gasoline tank associated with the Southern Burial Assn at 519 15th Street

North is located approximately 100 feet northwest and sidegradient with respect to interpreted groundwater flow direction and is not considered a REC in connection with the Subject Property at this time.

The gasoline tank associated with the Undertaker building at 1528 5th Avenue

North is located approximately 140 east and up-gradient with respect to interpreted groundwater flow direction and is considered a REC in connection with the Subject Property at this time.

1969 Sanborn Map: The Subject Property is depicted with the Gaston Motel at

1508 5th Avenue North, which extends on the east adjoining property. Farther to the east, a Filling Station is depicted at 1524 5th Avenue North. The south adjoining properties are developed residentially and commercially. The west adjoining property is depicted as a vacant lot. The Undertaker building and associated gas tank are still depicted on the northwest adjoining property.

The Filling Station addressed at 1524 5th Avenue North is located approximately 140 east and up-gradient with respect to interpreted groundwater flow direction and is considered a REC in connection with the

Subject Property at this time. See the Townsend Gulf Service listing in Section

6.2.3 for additional information.

6.3.3 Historical Aerial Photographs

Copies of historical aerial photographs taken in the years 1941, 1947, 1951, 1956, 1960, 1967, 1970, 1977, 1981, 1988, 1992, 1997, 2006, 2011, 2015, and 2019 were obtained by NOVA from EDR. These aerial photographs were reviewed in an attempt to identify changes in land use and areas of potential environmental concern. Copies of the aerial photographs are included in

Appendix D.

The following are descriptions and interpretations from the aerial photograph reviews:

1941 and 1947 Aerial Photographs: The aerial photographs depict the Subject

Property as developed with residential structures. 5th Avenue North is depicted along the southern Subject Property boundary. The adjoining and surrounding area properties are a mix of residential, commercial, municipal parks, and vacant lots.

1951, 1956, 1960, 1967, 1970, 1977, 1981, 1988, 1992, 1997, 2006, 2011, 2015, and 2019 Aerial Photographs: The aerial photographs indicate the Subject

Property is depicted with the current motel building. The adjoining and surrounding area properties are visible as parking lots and commercial developments with a municipal park located farther to the east across 16th Street

North.

Recent Aerial Photograph: A color aerial photograph of the site, produced in

2021, is included in Figure 3 (Appendix A). The color photograph was obtained from www.google.com. This aerial photograph depicts the Subject Property and surrounding properties as it exists at the time of this report.

http://www.google.com/

6.3.4 Historical City Directories

Copies of historical city directories were obtained for the years between 1920 and

2020 in approximately 5-year intervals. According to the Jefferson County GIS database, the address of the Subject Property is currently 1510 5th Avenue North.

The Subject Property was also identified at 1508 5th Avenue North in the Historical

City Directories. The Subject Property was listed as Birmingham Civil Rights Natl.

in 2020, Gaston A G Gardens Apartments / Gaston A G Bar & Lounge / Gaston

A G Motel Inc / Gaston Restaurant along with numerous residential listings between the years 2001-1956. No facilities of concern were noted on the Subject

The following facilities of concern or potential concern were noted adjacent to or on sites surrounding the Subject Property during our review of the historical directories:

ADDRESS BUSINESS YEARS LISTED IN DIRECTORY

1501 5th Ave / 419 15th St Mc Ghee Jas C Auto Repair 1930 and 1935

1524 5th Ave

Parkview Service Center/

Cliffs Gulf Service Station/

Townsend Gulf Service Station

1986, 1981, 1976, 1971, and 1967

1525 6th Ave Louis Murray cldo clnr 1925

1527 6th Ave Collie Jasper ldo clnr 1930

425 15th St Sr Sn1 less Fuel Co coke/Am Oil Co 1952

McGhee Jas C Auto Repair, Parkview Service Center/Cliffs Gulf Service

Station/Townsned Gulf Service Station, Louis Murray cldo clnr, and Collie Jasper ldo clnr, were identified in the EDR database report and are discussed further in

Section 6.2.3 above.

The Sr Sn 1 less Fuel Co Coke/Am Oil Co facility is located at 425 15th Street approximately 100 feet southwest across 5th Avenue North. This facility is downgradient with respect to interpreted groundwater flow direction. Based on the distance across 5th Avenue North and its location downgradient of the Subject

Property, the Sr Sn 1 less Fuel Co Coke/Am Oil Co facility is not considered a REC in connection with the Subject Property at this time.

6.3.5 Previous Environmental Reports on Subject Property

Previous environmental reports on the Subject Property were not provided to

NOVA for review.

6.3.6 Previous Environmental Reports on Surrounding Sites

Previous environmental reports on surrounding sites were not provided to NOVA for review.

7.0 SUBJECT PROPERTY RECONNAISSANCE

7.1 METHODOLOGY AND LIMITING CONDITIONS

Mr. Curtis Moses, a NOVA Professional, conducted a site visit on March 16, 2023. Mr.

Moses was accompanied by Mr. Rick Bizot of Houser Walker Architecture (Client), during the site visit, which consisted of an initial site reconnaissance, a walk along the perimeter of the site, and a walk along the immediate site area. Additionally, an area reconnaissance was conducted as a driving tour to identify facilities within specified regulatory search distances listed within the previously referenced EDR report.

The site reconnaissance was performed in an attempt to identify observed obvious indications of present or past activities that may have caused a significant environmental impact(s) to the site. Select photographs of the site taken by NOVA during the site reconnaissance are included in Appendix B.

7.2 GENERAL PROPERTY SETTING

The Subject Property consists of an approximately 0.23-acre property located at 1510

5th Avenue, Birmingham, Jefferson County, Alabama. According to the Jefferson County

Geographic Information System (GIS) database, the Subject Property is identified by

Parcel Number 22 00 35 1 011 004.000.

The Subject Property is currently developed with one (1) two-story structure that includes a former hotel structure, currently under construction. The Subject Property also contains one (1) storm water inlet on the center portion. The Subject Property is bordered by 5th Avenue to the south.

Public utilities are currently connected to the Subject Property, and potable water and sewer services are provided to the Subject Property by Alabama Power and Birmingham

Water Works, respectively.

7.3 OBSERVATIONS

Site observations and conditions identified during NOVA’s site reconnaissance are summarized as follows:

7.3.1 Interior and Exterior Observations

Hazardous Substances and Petroleum Products Containers (in Connection with

Identified Uses): Small cleaning containers and one (1)-gallon paint containers were observed in the structure on the Subject Property. These containers appeared to be stored properly and no leaking or staining was observed.

Storage Tanks: None observed.

Odors: None noted.

Pools of Liquid: None observed.

Drums: None observed.

Hazardous Substances and Petroleum Products Containers (Not Necessarily in

Connection with Identified Uses): None observed.

Unidentified Substance Containers: None observed.

PCBs (Electrical…