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February 3, 2012 #5721493.1.1 Mr. Bill Cuthbertson Freeport ...

February 3, 2012 #5721493.1.1 Mr. Bill Cuthbertson Freeport ...

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judgment was used to develop opinions regarding conditions indicative of releases or<br />

threatened releases (see 40 CFR § 312.1(c)) to the subject property.<br />

Good faith: the absence of any intention to seek an unfair advantage or to defraud another<br />

party; an honest and sincere intention to fulfill one’s obligations in the conduct or<br />

transaction concerned.<br />

Institutional controls: non-engineered instruments, such as administrative and/or legal<br />

controls that help to minimize the potential for human exposure to contamination and/or<br />

protect the integrity of a remedy.<br />

Recognized environmental conditions: the presence or likely presence of any hazardous<br />

substances or petroleum products on a property under conditions that indicate an existing<br />

release, a past release, or a material threat of a release of any hazardous substances or<br />

petroleum products into structures on the property or into the ground, groundwater, or<br />

surface water of the property. The term includes hazardous substances or petroleum<br />

products even under conditions in compliance with laws. The term is not intended to<br />

include de minimis conditions that generally do not present a threat to human health or<br />

the environment and that generally would not be the subject of an enforcement action if<br />

brought to the attention of appropriate governmental agencies.<br />

2.8 USER RELIANCE<br />

This report may be distributed and relied upon by the client, FMI, the Arizona State Land<br />

Department (ASLD), and their designees. It is the responsibility of the User(s) of this report,<br />

based upon individual risk tolerance, fiduciary responsibility, or the applicable law, to determine<br />

the necessity for or extent of further inquiry. Additional information regarding the significance<br />

and use of this report can be found ASTM E 1527-05 Section 4.<br />

3. SCOPE OF SERVICES<br />

This Phase I ESA report was prepared by SMA at the request of FMI, the client.<br />

SMA’s services for this Phase I ESA included:<br />

Gathering information through records review, data analysis, and personal interviews<br />

concerning:<br />

Subject and adjacent property land-use history, including a search of city<br />

directories, topographic maps, Sanborn Fire Insurance maps, aerial photographs,<br />

and environmental liens<br />

Geographic setting<br />

Soils and flooding potential<br />

Souder, Miller & Associates<br />

Engineering ♦ Environmental ♦ Surveying<br />

© SMA <strong>2012</strong><br />

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