SECTION 1 - New Boston, Ohio



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BROWNFIELD REVOLVING LOAN FUND

APPLICATION FOR HAZARDOUS SUBSTANCE OR PETROLEUM REMEDIATION

Part A

APPLICANT AND

PROJECT INFORMATION

November 2010

Applicant Authorization and Certification

I understand that by signing this application, I grant the Ohio Department of Development or its authorized agents access to any records needed for verification and evaluation of the information provided in this application. I understand that filling out this application does not guarantee that I will receive assistance.

I certify that the information I have provided in this application is, to the best of my knowledge, a true, accurate and complete disclosure of the requested information. I understand that I may be held civilly and criminally liable under Federal and State law for knowingly making false or fraudulent statements.

Applicant

Signature Date

Name (Print) Title

OVERVIEW:

The purpose of the Brownfield Revolving Loan Fund (BRLF) program is to provide low-interest loans for cleanup of hazardous substance or petroleum contaminated brownfield sites. Loan funds may be used only for cleanup/remediation purposes (BRLF Policy Section 5.0). In order to be eligible for program funding, applicants must show compliance with the United States Environmental Protection Agency (EPA) All Appropriate Inquiry Rule and complete the required environmental assessments as determined by the EPA and the Department of Development (Department). The program is capitalized through a grant from the US EPA and thereby includes requirements set by the Department as well as requirements set by the US EPA. Some of these requirements include: site-specific eligibility determinations for borrowers, public notification and interaction throughout the project, and project-specific document generation and retention. The Department places a high priority on brownfield redevelopment for an economic benefit. Projects which create an immediate economic benefit will be prioritized in the review and approval process. However, the program also is able to fund projects in which a general community benefit will be realized (i.e. greenspace creation). The program will require each project to have financing in place in order to complete remediation to applicable cleanup standards, at minimum. Each project also must demonstrate adequate financing, or the ability to obtain financing, for site development or long-term property maintenance. The Department will seek to fund those projects which can demonstrate ability to repay, project reasonableness, economic or community benefits, and readiness to proceed.

INSTRUCTIONS (Please see the BRLF Program Policy for specific details):

1. Provide all information, responses to questions and required documentation in the format prescribed in this application.

2. Provide documents in 3-ring binders – Please do not overstuff the binders!

3. Place separation pages and corresponding tabs identifying required attachments.

4. Provide a draft of Attachments A11 & C3 to the Department prior to public notice period.

5. All applications for funding must fulfill public notice requirements as outlined in BRLF Program Policy Section 17 prior to being submitted to the Department.

6. Register project site with Ohio EPA’s Brownfield Inventory prior to the end of the public notice period (see Attachment A15).

7. Submit the following documents to the address listed below:

➢ One Original Hard Copy – Parts A, B & C (after the public notice period)

➢ One Electronic Copy - Parts A, B & C (a draft will be accepted during the public notice period to expedite review)

THE OHIO DEPARTMENT OF DEVELOPMENT

OFFICE OF REDEVELOPMENT

ATTN: Erin Hazelton

77 SOUTH HIGH STREET

COLUMBUS, OHIO 43215-6130

(614) 995-2292



➢

|APPLICANT INFORMATION |

| | |

|Applicant Legal Name |Southern Ohio Port Authority |

| | |

|Project Name |New Boston Smoldering Pilot |

| | |

|Applicant DUNS Number | |

| | |

|Address |433 Third St., Portsmouth OH 45662 |

|(Street, City, Zip, County) | |

| |Hazardous |

|Type of Funding Requested | |

|(hazardous or petroleum) | |

| |$200,000 |

|Amount Requested | |

| |$250,000 |

|Match | |

| |$450,000 |

|Total Project Costs | |

|PART A |

|REQUIRED INFORMATION |

| | |

|Attachment A1 |Project Summary Document |

| | |

|Attachment A2 |Concept Plan, Time Schedule for Redevelopment |

| | |

|Attachment A3 |Project Contact Sheet and Resumes of Key Individuals |

| | |

|Attachment A4 |Copy of Site Eligibility Determination Form along with any approval notifications from the Ohio Department of |

| |Development, BUSTR or the USEPA. |

| | |

|Attachment A5 |Supporting Resolution or Ordinance from legislative authority(ies) of the community in which the property is |

| |located supporting the application submittal. Sample included in Appendix 2. |

| | |

| |For governmental entity applicants: This attachment is required only if the project is located in a separate |

| |jurisdiction i.e. county is the applicant and the project is located in a city or township jurisdiction. |

| | |

| |For private and non-profit entity applicants: This is required of all non-governmental entities applying for |

| |funds. The entity in whose jurisdiction the project is located must approve this resolution. |

| | |

|Attachment A6 |Tax Information and Disclosure Form. Form included in Appendix. |

| | |

|Attachment A7 |Financial Liability Form. Form included in Appendix. |

| | |

|Attachment A8 |Partnership Agreement between Applicant and Development Partner, if applicable. |

| | |

|Attachment A9 |Copy of legal description, location map, property features map and plat maps. Plat maps must include survey |

| |points and color-coded or numbered parcels, matching the legal description. (Legal descriptions should be from |

| |the property deed and/or stamped and signed by a licensed surveyor) |

| | |

|Attachment A10 |Copy of title(s), access agreement(s) and purchase agreement(s), if applicable, for the entire project property.|

| | |

| | |

|Attachment A11 |Community Relations Plan - Must be submitted to Department for review prior to public notice period. |

| | |

|Attachment A12 |Copy of Library Receipt of Application, Proof and Copy of Newspaper publication of Notice, Photograph of |

| |Property Sign and date posted. Refer to RLF Policies for public notice requirements: BRLF Policies |

| | |

|Attachment A13 |Copies of any comments received during public notice period, minutes of the public hearing and a list of any |

| |changes made to the application as a result of public comment. |

| | |

|Attachment A14 |Letters of Support (optional) |

|Attachment A15 | |

| |Ohio EPA Brownfield Inventory Application |

| | |

|Attachment A16 | |

| |Ohio State Historic Preservation Office Section 106 summary (if applicable). |

| | |

|Attachment A17 | |

| |Reserved. |

|Attachment A18 |Documentation from the Internal Revenue Service and Ohio Secretary of State: tax status and Certificate of Good |

| |Standing. These documents do not need to be included for public review but need to be provided in final |

| |application submitted to ODOD afterwards. |

Attachment A1: Project Summary

Brownfield Revolving Loan Fund

New Boston Smoldering Pilot Project Summary

1) Goal of the Brownfield project:

• Economic Benefit: It is estimated that the project cost will cost $450,000 to establish a contaminant characterization analysis followed by a full-scale pilot test on the site which will simultaneously remediate soils and groundwater. This technology can provide a valuable alternative to “dig and haul” to coal tar remediation around the state by addressing problematic DNAPL groundwater contamination as well as soil contamination.

• Community Benefit: The Village of New Boston has lived with this vacant industrial site since the mill closed in 1980 and the coke plant closed in 2002. Currently, the mill portion of the property has been remediated and has been redeveloped into a retail plaza where Wal-Mart is the anchor tenant. This pilot is part of a larger clean-up effort and, should it be deemed appropriate to institute over the remaining contaminated coke-plant property, will allow a more complete, efficient clean-up.

• Other Funding Sources: In addition to this grant, the US Department of Energy and USEPA have committed funding to this pilot project. Supplemental funding is being sought from FLOR, the US NAVY, and Environment Canada.

2) Environmental Improvements and Benefits:

• State-wide application: This technology can provide a valuable alternative to “dig and haul” to coal tar remediation around the state by addressing problematic DNAPL groundwater contamination as well as soil contamination.

• Cleanup Benefits: The following will occur:

i. Anticipated removal of coal tar residue from soil and groundwater in pilot area.

• Sustainability: Because this is an in-situ remediation, no soil will be removed from the site, no fuel will be burned to transport the waste, and no space will be taken in a landfill.

3) Project readiness to proceed if funded: Project will begin ~30 days from the notice to proceed.

A2: Concept Plan and Time Schedule

The project property will be redeveloped as commercial/light industrial to support the neighboring retail development and expansion of a steel product warehouse.

Proposed Schedule:

May 2012: RLF grant executed

June 2012 - August 2012: Pilot project executed

August 2012: Manuscript detailing results of pilot project submitted, closing out grant.

| |Applicant CEO |Project Contact |Environmental Professional |Development Partner |

|Name |Michael L. Sturgill |Same |Jim Smith |Mark Halght & Don Prebola |

|Title |Chairman | |Certified Professional |Owners |

|Organization |Southern Ohio Port Auth. | |Brownfield Restoration Group,LLC |Infra-Metals |

|Address |433 Third St., Portsmouth Ohio, 45662 | |1000 S. Cleveland-Massillon Rd., Akron, OH |8 Pent Hwy., Wallingford, CT, 06492 |

| | | |44333 | |

|Phone |740.354.7541 | |330.668.4600 |203.294.2980 |

|Fax |740.353.4432 | |330.668.8464 |203.294.2993 |

|E-mail | | |jimsmith@ |mh@infra- |

A4: Site Eligibility Form and USEPA Determination (Determination to be provided after property is surveyed and transferred into applicant’s name)

|APPLICANT INFORMATION |

|Applicant Name |Southern Ohio Port Authority (SOPA) |

| | |

|Address |433 Third St., Portsmouth OH 45662 |

|CEO Name |Michael L. Sturgill |

|Phone Number |740.354.7541 |

|Email Address | |

|Fax Number |740.354.3933 |

|Project Contact |NA |

|(Applicant’s staff) | |

|Address | |

|Phone Number | |

|Email Address | |

|Fax Number | |

|Development Partner/ Identified End | |

|User | |

|  |  |

|PROJECT INFORMATION |

|Project Name | New Boston Smoldering Pilot |

|Current Property Owner |New Boston Coke Corporation |

|Property Address |600 River Ave., New Boston, Ohio |

|Acreage |Total acres to be addressed in this pilot approximately 2.6 acres |

|Parcel Numbers (PIN) |340669000, 34067000, 280287000, 340674000 |

|Census Tract(s) |9931 |

|Latitude and Longitude (Center of |38°45’09.48”N 82°55’11.87”W |

|property) | |

|Ohio House District |89 |

|Ohio Senate District |14 |

|US Congressional District |2 |

|Amount Requested |$200,000 |

|Match |$250,000 |

|Total Project Costs |$450,000 |

|  |PROJECT QUESTIONNAIRE |

|Indicate the historic status of the |Project property is not eligible for listing; no structures currently exist on the project |

|property (listed on the National Register |property. |

|of Historic Places, recorded as a Local | |

|Landmark Building, or included in a | |

|Registered Historic District). | |

|Describe how the applicant took ownership |Property currently owned by New Boston Coke Corporation. SOPA is negotiating a purchase agreement |

|of the site (e.g., tax foreclosure, |for the project property. Property transfer is expected in August 2011. |

|purchase, donation, eminent domain) and | |

|the date of acquisition. | |

|Did disposal of hazardous substances occur|Yes; site is former underground coal gas manufacturing plant and soils and groundwater are |

|at the site before you acquired the site? |contaminated with coal tar. |

|If so, to what extent (quantity & | |

|location). | |

|Are you legally responsible for |Current owner is responsible for contamination. SOPA is not responsible for contamination. |

|contamination of the site? If so, please | |

|explain. | |

|Do you have any direct or indirect |SOPA currently has an access agreement with New Boston Coke Corporation to perform a VAP Phase II |

|familial relationship or any contractual, |Environmental Site Assessment through a Clean Ohio Assistance Fund. |

|corporate, or financial relationships with| |

|an entity liable for contamination of the | |

|site? If so, list the entity and | |

|relationship. | |

|Identify known ongoing or anticipated |Remedial Action was performed by the USEPA in 2003 to remove ammonia liquor, sodium hydroxide, PCB|

|environmental enforcement actions related |oils, light oils, sludge, radiation sources, and mercury. |

|to the site. | |

|Please summarize any inquiries or orders |In May 1996 a State enforcement letter was issued to current and past owners of the property (New |

|from federal, state, or local government |Boston Coke, ARMCO, McLouth Steel) addressing the environmental contamination present on the |

|entities you may be aware of regarding the|abandoned site. |

|responsibility of any party for the | |

|contamination at the site. Attach copies | |

|of any official inquiries. | |

|Site History and Current Status |

|Summarize the operational history of the |The former New Boston Coke Plant was developed circa 1910 adjacent to an existing steel mill built|

|site. |in 1894. The coke plant operated until 2002 and has remained unoccupied since this time. |

|Describe any environmental assessments or |VAP Phase I Environmental Site Assessment performed by Brownfield Restoration Group on November |

|reports completed for the site (including |12, 2008. |

|dates and ASTM standards). If available, |VAP Phase II Environmental Site assessment performed by Brownfield Restoration Group in progress. |

|provide a copy of the most recent |To be completed by August 2011. |

|assessment report for the site (on a disk | |

|or in electronic format is preferred). | |

|Summarize the current site conditions |Coal tar contamination of soil and ground water will be addressed with this grant funding. |

|including the condition & quantity of | |

|asbestos material. |  |

|Describe any activities previously |Remedial Action was performed by the USEPA in 2003 to remove ammonia liquor, sodium hydroxide, PCB|

|completed at the site, such as |oils, light oils, sludge, radiation sources, and mercury. |

|environmental remediation or demolition OR| |

|any steps that have been taken in regard | |

|to the contamination or hazardous | |

|substances on site. | |

|Identify whether all other necessary |Phase II ESA to be complete by August 2011. |

|assessment work is complete for the site |Phase I to ASTM standards needs to be complete before SOPA takes ownership of the property. |

|including but not limited to asbestos | |

|survey, lead-based paint survey, hazardous| |

|materials survey, and universal waste | |

|survey. | |

|Estimate the number of jobs created and/or|-Environmental consultants:5 fte/retained |

|retained as a result of this completed |-Remediation Scientists:5 fte/retained |

|project. Please indicate whether jobs are |-Construction/Laborers:10 fte/created |

|full-time, part-time, and/or construction.| |

|Based on a grant awarded in September |Work to begin to characterize the site can begin immediately once given the notice to proceed. |

|2011, please provide a timeline for the | |

|work to be undertaken at the site. | |

ATTACHMENT A5

SUPPORT RESOLUTION

A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE DEPARTMENT OF DEVELOPMENT

WHEREAS, THE VILLAGE OF NEW BOSTON IS INTERESTED IN SUPORTING THE SOPA APPLICATION TO THE DEPARTMENT OF DEVELOPMENT FOR THE BROWNFIELD REVOLVING LOAN FUND – SMOLDERING PILOT PROJECT.

WHEREAS, The State of Ohio, through the Department of Development, provides financial assistance to local governments for the purpose of addressing local needs; and

WHEREAS, SOPA is submitting a Brownfield Revolving Loan Fund Program Application to complete eligible activities, including but not limited to the performance of remedial activities at the FORMER NEW BOSTON COKE PLANT SMOLDERING PILOT PROJECT redevelopment project; and

WHEREAS, FORMER NEW BOSTON COKE PLANT SMOLDERING PILOT PROJECT is an approximately 2.5 acre property located principally at 600 RIVER AVE., NEW BOSTON OHIO identified as Permanent Parcels Numbers 34-0670 and located within the boundary of THE VILLAGE OF NEW BOSTON.

WHEREAS, SOPA intends to remediate the property, which formerly operated as the FORMER NEW BOSTON COKE PROPERTY for redevelopment; and

WHEREAS, THE VILLAGE OF NEW BOSTON is committed to working with SOPA to pursue the remediation and redevelopment of the property; and

WHEREAS, the Brownfield Revolving Loan Fund loan or grant is vital to making the completion of the FORMER NEW BOSTON COKE PLANT SMOLDERING PILOT redevelopment project economically feasible.

NOW, THEREFORE BE IT HERBY RESOLVED that the VILLAGE OF NEW BOSTON approves and authorizes SOPA to submit a Brownfield Revolving Loan Fund application for work at the FORMER NEW BOSTON COKE PLANT SMOLDERING PILOT PROJECT and the Department of Development is encouraged to fund this innovative and worthwhile project.

I hereby certify that the above is a true and accurate copy of a resolution adopted at the May 1, 2012 regular meeting of the COUNCIL OF THE VILLAGE OF NEW BOSTON.

CERTIFIED BY: _________________________________________

NAME, TITLE AND DATE

ATTACHMENT A6

Tax Information and Disclosure Information

I hereby irrevocably authorize the Tax Commissioner of the Ohio Department of Taxation or any agent designated by the Tax Commissioner of the Ohio Department of Taxation from the date below until the applicant(s) no longer is receiving funds from the Brownfield Revolving Loan Fund or repaying funds back to the Brownfield Revolving Loan Fund or obligated in any way to the Brownfield Revolving Loan Fund to disclose to the Director of the Ohio Department of Development or any designated employee of the Director the amounts of any or all outstanding liabilities for corporation franchise tax, commercial activity tax, individual income tax, employer withholding tax, sales tax, use tax, or excise tax which are currently unpaid and certified to the Attorney General of the State of Ohio for collection.

I expressly waive notice of the disclosure(s) to the Ohio Department of Development by either the Tax Commissioner of the Ohio Department of Taxation or by any agent designated by the Tax Commissioner of the Ohio Department of Taxation. I expressly waive the confidentiality provisions of Ohio law, including but not limited to, Section 5703.21 of the Ohio Revised Code, which would otherwise prohibit disclosure and agree to hold the Department of Taxation and its employees harmless with respect to the limited disclosure authorized herein.

This authorization is to be liberally interpreted and construed; any ambiguity shall be resolved in favor of the Tax Commissioner or the Ohio Department of Taxation.

This authorization is binding on any and all heirs, beneficiaries, survivors, assigns, executors, administrators, successors, receivers, trustees, or other fiduciaries.

A photocopy or facsimile of this authorization is as valid as the original.

_________________________________________________________________

Signature Date

__________________________________________________________________

Name/Applicant Name/Title

ATTACHMENT A7

Financial Liability Form

Explain any outstanding financial liabilities you (applicant or development partner) have with state or local governments in Ohio. Whether or not the amounts are being contested in a court of law, do you and/or your organization owe:

Any delinquent taxes to the State of Ohio (the “State”), a state agency, or a political subdivision of the State?

( Yes ( No

Any monies to the State or a state agency for the administration or enforcement of the environmental laws of the State?

( Yes ( No

Any other monies to the State, a state agency, or a political subdivision of the State that are past due?

( Yes ( No

Are you or the applicant(s) the subject of any existing tax lien?

( Yes ( No

If you answered “yes” to any of the above, please provide details of each instance including, but not limited to, the location, amounts, and case identification numbers (if applicable). Attach additional sheets if necessary.

__________________________________________________________________________________________________________________________________________________________________________________________________________________

Signature Date

Name/Applicant Name/Title

A8: Partnership Agreement: Not Applicable

A9: Legal Property Description and Title: Approximately 2.6 acres on the eastern portion of the former New Boston Coke property. Title and legal description to be added to the application upon completion of transfer. Approximate boundaries indicated in red on attached survey map as part of the 15.115-acre existing parcel. [pic][pic]

A10: Title/Access Agreement

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A11: Community Relations Plan

Southern Ohio Port Authority (SOPA)

COMMUNITY RELATIONS PLAN

September 26, 2011

Grant applicant: Southern Ohio Port Authority (SOPA)

Supporting Organizations: Brownfield Restoration Group, LLC

Village of New Boston

Method of Communication: All application documentation and communication with the community of New Boston will be submitted to the Department of Development for filing and to be made available to the public upon request. SOPA utilizes the Village of New Boston’s website (), which will post the information regarding the Grant Application so the community can communicate concerns, comments and support.

A public meeting will be scheduled open to the community to obtain their input toward the project. No later than 30 days prior to the public meeting, the applicant shall place the application in a public library, place a notice of the public meeting in a newspaper of general circulation in the county where the Brownfield is located, and post a sign at the property. The 30 days includes the day of the publication of the public meeting, but not the day of the meeting.

Process:

A copy of the application shall be placed in the New Boston Public Library, 3850 Rhodes Ave., as well as made available in electronic PDF format on the Village of New Boston’s website.

The notice shall be placed in the Portsmouth Daily Times, which circulates in the community where the Brownfield is located. The notice may appear either as a classified legal notice, or as a display advertisement.

The notice shall include, at a minimum: the date, time and location of the public meeting; a statement that the application is available for review at the New Boston Public Library, 3850 Rhodes Ave.; and, the intent of SOPA to apply for $200,000 Revolving Loan Fund grant funding from the Ohio Department of Development for remediation of coke byproducts including coal tar and associated fractions. Point of contact for the project is Michael L. Sturgill, SOPA Chairman, 740-354-7541.

At the public meeting, SOPA shall conduct so as to allow for questions and comments from the public and shall address any written comments received during the 30-day public review period at the public meeting. SOPA shall take minutes of the meeting that accurately reflect the number of individuals in attendance and the comments, questions, debate and discussion that occur at the meeting.

SOPA must prepare a responsiveness summary addressing comments made during the public comment period. The responsiveness summary must document related comments and demonstrate how the comments were integrated into the decision making process or explain why the comments were not included.

The following documentation is not subject to the public review period: financial statements (personal and business); tax returns, if applicable; Tax Information and Disclosure form; Financial Liability Form; Section 106 Determination.

A public information sign must be posted at the property during the public review period and within two weeks of the executed date of the grant agreement. The sign shall conform to requirements for re-zoning notices as set forth in local code. In the absence of such code, the sign shall not be less than four feet by four feet unless otherwise prohibited by local code, in which case the sign must be the maximum size allowed by local code.

The sign shall include the name and location of the public place where the application is available for review; the website where the application is also available for review; the funding source as Brownfield Revolving Loan Fund from the Ohio Department of Development; contact information for public inquiry.

A12: Proof of library/gov. building receipt, newspaper notice, and photo of sign posted at site

A13: Public comment and meeting minutes: To be inserted after public meeting.

A14: Letters of Support (optional)

A15: Registration of site on Ohio EPA’s Brownfield Inventory ()

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A16: 106 Determination from USEPA. To be added after property is surveyed and transferred.

A17: Reserved

A18: Reserved

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