PUBLIC FORUM: BAY HARBOR GOLF COURSE AND EAST PARK

EAST PARK

1. It has been stated that there exists no health threat other than direct contact with the leachate. Why then has East Park been closed to the public, and when can it be reopened for public use?
Response from NWMCHA: In March 2004, NWMCHA issued a health advisory restricting access to 1600 feet of shoreline at East Park after monitoring results showed high pH leachate in nearshore areas. NWMCHA advised Resort Township to restrict access by erecting 8' tall intruder resistant fencing and explicit signage articulating the health risks of contact with CKD leachate. Our recommendation was for shoreline areas and not the park itself, however, CMS and Resort Township negotiated to close the entire park in order to use the park's infrastructure for a staging area and operational base for offices, logistical support and heavy equipment used in the investigation and clean-up.

Response from CMS: The total closure of East Park was closed based on the assumption that construction work involving heavy machinery would start last year. That work could not begin until a work plan was approved and that took longer than expected. Heavy construction work is expected to begin in May 2006.

2. Would Resort Township hold any future liability, including financial responsibility, for any harm that may be incurred due to the cement kiln dust contamination at East Park?
Response from CMS: CMS intends to implement an approved long-term remedy at East Park that will require our involvement into the future. We cannot predict any future lawsuits.

3. Why relocate the eastern portion of CKD in East Park?
Response from CMS: This relatively small amount of CKD (30 - 40,000 cubic yards) sits in ground water and has the highest identified mercury readings in East Park. Relocating it to the west accomplishes the following things:

• It removes the CKD from the ground water;
• This relatively small amount of CKD relocation will greatly reduce the amount of pH and mercury leaching to the lake;
• Relocating the CKD in the park avoids the increased risk and concerns associated with removal from site: Increased handling of the CKD to prepare it for transport over the road; increased release of CKD dust; increased traffic and accident risk caused by large trucks turning left from the park onto U.S. 31; uncertainly over a final off-site location of the CKD;
• No significant increase in safety is achieved by removing the CKD from the site;
• Relocating the CKD on other CKD is an established and proven remediation method.

4. Why can't the Little Traverse Wheelway stay open during cleanup? Why not the restroom? Couldn't fencing be put up to keep these facilities open while the park is closed?
Response from CMS: CMS has recommended that the bike path remain closed to ensure safety. Heavy equipment will be moving around in the park and up and down the entrance to the park, resulting in potential hazards to bike path users. The relocation of the fence was reviewed and it is not practical to relocate the fence to a position to isolate the restroom from work in the park.

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