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7 STATE OF WASHINGTON
8 KING COUNTY SUPERIOR COURT
9 STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY, NO. __________
10
Plaintiff,
11 CONSENT DECREE RE: LORA LAKE
v. APARTMENTS SITE, BURIEN,
12 WASHINGTON
Port of Seattle,
13
Defendant.
14
15
16 TABLE OF CONTENTS
17 I. INTRODUCTION .......................................................................................................
II. JURISDICTION ..........................................................................................................
18 III. PARTIES BOUND ......................................................................................................
IV. DEFINITIONS ............................................................................................................
19 V. FINDINGS OF FACTS ...............................................................................................
VI. WORK TO BE PERFORMED ....................................................................................
20 VII. DESIGNATED PROJECT COORDINATORS ..........................................................
VIII. PERFORMANCE ........................................................................................................
21 IX. ACCESS ......................................................................................................................
X. SAMPLING, DATA SUBMITTAL, AND AVAILABILITY ....................................
22 XI. PROGRESS REPORTS ...............................................................................................
XII. RETENTION OF RECORDS .....................................................................................
23 XIII. TRANSFER OF INTEREST IN PROPERTY ............................................................
XIV. RESOLUTION OF DISPUTES ..................................................................................
24 XV. AMENDMENT OF DECREE .....................................................................................
XVI. EXTENSION OF SCHEDULE ...................................................................................
25 XVII. ENDANGERMENT ....................................................................................................
XVIII. COVENANT NOT TO SUE .......................................................................................
26 XIX. CONTRIBUTION PROTECTION..............................................................................
CONSENT DECREE RE: 1 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1 XX. LAND USE RESTRICTIONS.....................................................................................
XXI. FINANCIAL ASSURANCES .....................................................................................
2 XXII. INDEMNIFICATION .................................................................................................
XXIII. COMPLIANCE WITH APPLICABLE LAWS ..........................................................
3 XXIV. REMEDIAL ACTION COSTS ...................................................................................
XXV. IMPLEMENTATION OF REMEDIAL ACTION ......................................................
4 XXVI. PERIODIC REVIEW ..................................................................................................
XXVII. PUBLIC PARTICIPATION ........................................................................................
5 XXVIII. DURATION OF DECREE ..........................................................................................
XXIX. CLAIMS AGAINST THE STATE..............................................................................
6 XXX. EFFECTIVE DATE .....................................................................................................
XXXI. WITHDRAWAL OF CONSENT ................................................................................
7
EXHIBIT A. Site Diagram
8 EXHIBIT B. Cleanup Action Plan
EXHIBIT C. Scope of Work and Schedule
9 EXHIBIT D. Applicable or Relevant and Appropriate Requirements
EXHIBIT E. Procedurally Exempt Requirements
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CONSENT DECREE RE: 2 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
2 I. INTRODUCTION
3
A. The mutual objective of the State of Washington, Department of Ecology
4
(Ecology) and Port of Seattle (Defendant) under this Decree is to provide for remedial action at
5
a facility where there has been a release or threatened release of hazardous substances. This
6
Decree requires Defendant to perform a final cleanup of the Lora Lake Apartments Site in
7
Burien, Washington.
8
Ecology has determined that these actions are necessary to protect human health and
9
the environment.
10
B. The Complaint in this action is being filed simultaneously with this Decree. An
11
Answer has not been filed, and there has not been a trial on any issue of fact or law in this case.
12
However, the Parties wish to resolve the issues raised by Ecology's Complaint. In addition, the
13
Parties agree that settlement of these matters without litigation is reasonable and in the public
14
interest, and that entry of this Decree is the most appropriate means of resolving these matters.
15
C. By signing this Decree, the Parties agree to its entry and agree to be bound by
16
its terms.
17
D. By entering into this Decree, the Parties do not intend to discharge non-settling
18
parties from any liability they may have with respect to matters alleged in the Complaint. The
19
Parties retain the right to seek reimbursement, in whole or in part, from any liable persons for
20
sums expended under this Decree.
21
E. This Decree shall not be construed as proof of liability or responsibility for any
22
releases of hazardous substances or cost for remedial action nor an admission of any facts;
23
provided, however, that Defendant shall not challenge the authority of the Attorney General
24
and Ecology to enforce this Decree.
25
26
CONSENT DECREE RE: 3 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
F. The Court is fully advised of the reasons for entry of this Decree, and good
2
cause having been shown:
3
Now, therefore, it is HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
4
5 II. JURISDICTION
6 A. This Court has jurisdiction over the subject matter and over the Parties pursuant
7 to the Model Toxics Control Act (MTCA), Chapter 70.105D RCW.
8 B. Authority is conferred upon the Washington State Attorney General by RCW
9 70.105D.040(4)(a) to agree to a settlement with any potentially liable person (PLP) if, after
10 public notice and any required hearing, Ecology finds the proposed settlement would lead to a
11 more expeditious cleanup of hazardous substances. RCW 70.105D.040(4)(b) requires that
12 such a settlement be entered as a consent decree issued by a court of competent jurisdiction.
13 C. Ecology has determined that a release or threatened release of hazardous
14 substances has occurred at the Site that is the subject of this Decree.
15 D. Ecology has given notice to Defendant of Ecology's determination that
16 Defendant is a PLP for the Site, as required by RCW 70.105D.020(21) and WAC 173-340-500.
17 E. The actions to be taken pursuant to this Decree are necessary to protect public
18 health and the environment.
19 F. This Decree has been subject to public notice and comment.
20 G. Ecology finds that this Decree will lead to a more expeditious cleanup of
21 hazardous substances at the Site in compliance with the cleanup standards established under
22 RCW 70.105D.030(2)(e) and Chapter 173-340 WAC.
23 H. Defendant has agreed to undertake the actions specified in this Decree and
24 consents to the entry of this Decree under MTCA.
25
26
CONSENT DECREE RE: 4 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
III. PARTIES BOUND
2
This Decree shall apply to and be binding upon the Parties to this Decree, their
3
successors and assigns. The undersigned representative of each party hereby certifies that he
4
or she is fully authorized to enter into this Decree and to execute and legally bind such party to
5
comply with this Decree. Defendant agrees to undertake all actions required by the terms and
6
conditions of this Decree. No change in ownership or corporate status shall alter Defendant's
7
responsibility under this Decree. Defendant shall provide a copy of this Decree to all agents,
8
contractors, and subcontractors retained to perform work required by this Decree, and shall
9
ensure that all work undertaken by such agents, contractors, and subcontractors complies with
10
this Decree.
11
IV. DEFINITIONS
12
Unless otherwise specified herein, all definitions in RCW 70.105D.020 and
13
WAC 173-340-200 shall control the meanings of the terms in this Decree.
14
A. Site: The Site is referred to as the Lora Lake Apartments Site and is generally
15
located at 15001 Des Moines Memorial Drive, Burien, Washington. The Site is more
16
particularly described in the Site Diagram (Exhibit A). The Site constitutes a Facility under
17
RCW 70.105D.020(5).
18
B. Parties: Refers to the State of Wash ington, Department of Ecology and the
19
Port of Seattle.
20
C. Defendant: Refers to the Port of Seattle.
21
D. Consent Decree or Decree: Refers to this Consent Decree and each of the
22
exhibits to this Decree. All exhibits are integral and enforceable parts of this Consent Decree.
23
The terms "Consent Decree" or "Decree" shall include all exhibits to this Consent Decree.
24
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CONSENT DECREE RE: 5 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
V. FINDINGS OF FACTS
2
Ecology makes the following findings of fact without any express or implied
3
admissions of such facts by Defendant.
4
A. Defendant owns the Site.
5
B. Prior to 1940 the Lora Lake Apartments Parcel had both an orchard and a
6
private residence. During the 1940s and 1950s, Novak Barrel Cleaning Company operated at
7
the Lora Lake Apartments Parcel. From the mid-1950s to 1981, Burien Auto Wrecking
8
operated at the Lora Lake Apartments Parcel. In the 1986 to 1987 timeframe, the Mueller
9
Group, a building developer, purchased the Lora Lake Apartments Parcel, investigated and
10
removed contaminated soil, and constructed an apartment complex. After constructing the
11
apartment complex, the Mueller Group sold the property to Santa Anita Realty Enterprises,
12
which transferred the property to a wholly-owned subsidiary, Pacific Gulf Properties, Inc., in
13
1993. In 1998, Defendant acquired the Lora Apartments Parcel from Pacific Gulf Properties,
14
Inc. for conversion to airport support (industrial) use, and vacated the apartments. Ownership
15
of the Lora Lake Apartments Parcel was temporarily transferred from Defendant to the King
16
County Housing Authority (KCHA) in May 2000. On July 20, 2007, the Defendant reacquired
17
ownership of the Lora Lake Apartments Parcel. Following reacquisition of the Lora Lake
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Apartments Parcel by Defendant, six of the apartment buildings were demolished to comply
19
with Federal Aviation Administration (FAA) flight path requirements because of expansion at
20
SeaTac International Airport.
21
C. Defendant notified Ecology of soil and ground water contamination at the Site
22
on February 27, 2008.
23
D. Defendant and KCHA submitted a Voluntary Cleanup Program (VCP)
24
application to Ecology on April 4, 2008. The Defendant subsequently entered the VCP. The
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CONSENT DECREE RE: 6 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
Defendant filed a Modified VCP application on September 23, 2008, removing KCHA from
2
the VCP application.
3
E. The modified VCP application listed polycyclic aromatic hydrocarbons,
4
hydrocarbons (gasoline, diesel, and oil), and dioxins as confirmed soil contaminants and these
5
same contaminants plus tetrachloroethene, trichloroethene, 1,2-dichloroethane, and arsenic as
6
confirmed groundwater contaminants. This contaminant list was refined during the subsequent
7
RI/FS.
8
F. Ecology notified Defendant of their potential liability for the Site under the
9
Model Toxics Control Act on February 3, 2009. Defendant accepted status as a Potentially
10
Liable Person on March 5, 2009.
11
G. Defendant entered into Agreed Order DE 6703 with Ecology on July 10, 2009,
12
requiring Defendant to complete interim remedial actions, prepare a Public Participation Plan,
13
complete a Supplemental Data Gaps Report, and complete a Remedial Investigation/Feasibility
14
Study (RI/FS) for all releases at the site. Agreed Order DE 6703 required Defendant to
15
demolish all buildings and ancillary above-ground facilities of the Lora Lake Apartments
16
(excluding foundations) as an interim remedial action. This interim remedial action was
17
completed in the summer of 2009.
18
H. The RI/FS identified arsenic, lead, total petroleum hydrocarbons,
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pentachlorophenol, carcinogenic polycyclic aromatic hydrocarbons, ethylbenzene, toluene, and
20
dioxins/furans as soil contaminants; arsenic, total petroleum hydrocarbons, pentachlorophenol,
21
carcinogenic polycyclic aromatic hydrocarbons and dioxins/furans as groundwater
22
contaminants; and lead, arsenic, pentachlorophenol, carcinogenic polycyclic aromatic
23
hydrocarbons and dioxins/furans as sediment contaminants for all releases at the Site. During
24
the RI/FS, the site was extended to include portions of airport property east of Des Moines
25
Memorial Drive including Lora Lake and a former Dredged Material Containment Area.
26
CONSENT DECREE RE: 7 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
I. The First Amendment to Agreed Order DE 6703 with Ecology was effective
2
April 18, 2013 requiring Defendant to prepare a Draft Cleanup Action Plan. The Cleanup
3
Action Plan is attached to this Decree as Exhibit B.
4
VI. WORK TO BE PERFORMED
5
This Decree contains a program designed to protect human health and the environment
6
from the known release, or threatened release, of hazardous substances or contaminants at, on,
7
or from the Site.
8
A. Defendant shall conduct a final cleanup action at the Site by implementing the
9
Cleanup Action Plan (CAP) (Exhibit B) according to the Scope of Work and Schedule (Exhibit
10
C) and all other requirements of this Decree. The cleanup action includes, but is not limited to,
11
the following actions:
12
1. Remedial action design and confirmational data collection.
13
2. Excavation of soil from the Lora Lake Apartments Parcel containing greater
14
than 100 parts per trillion (pptr) Toxic equivalency quotient (TEQ) dioxins/furans, with
15
off-site disposal at a licensed disposal facility.
16
3. Excavation of soil from the Lora Lake Apartments Parcel containing greater
17
than 11 pptr, but less than 100 pptr TEQ dioxins/furans, and consolidation of this excavated
18
material beneath a constructed engineered surface at the Dredged Material Containment Area.
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4. Filling of Lora Lake and conversion of the open-water lake to a rehabilitated
20
wetland.
21
5. Modification of the stormwater conveyance system that crosses the Lora Lake
22
Apartments Parcel to eliminate the potential for contamination associated with the Site to
23
enter the stormwater system.
24
25
26
CONSENT DECREE RE: 8 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
The Parties intend that the above list include any and all outstanding obligations under Agreed
2
Order DE 6703. The Parties agree that Agreed Order DE 6703 no longer has any force or
3
effect.
4
B. The Defendant will submit for Ecology's review and approval the following
5
documents in accordance with the Schedule: engineering design report, the plans and
6
specifications, compliance monitoring plan, as-built documentation, and operations and
7
maintenance manual for any equipment or systems that are part of the remedy. The Scope of
8
Work and Schedule (Exhibit C) details those deliverables that have been identified at the time
9
of entry of this Decree.
10
C. Defendant agrees not to perform any remedial actions outside the scope of this
11
Decree unless the Parties agree to modify the CAP (Exhibit B), the Scope of Work and
12
Schedule (Exhibit C) to cover these actions. All work conducted by Defendant under this
13
Decree shall be done in accordance with Chapter 173-340 WAC unless otherwise provided
14
herein.
15
VII. DESIGNATED PROJECT COORDINATORS
16
The project coordinator for Ecology is:
17
David L. South
18 Toxics Cleanup Program
Department of Ecology, Northwest Regional Office
19 3190 160th Avenue
Bellevue, WA 98008-5452
20 (425) 649-7200
david.south@ecy.wa.gov
21
The project coordinator for Defendant is:
22
Don Robbins
23 Port of Seattle
Aviation/Environmental
24 P.O.Box 68727
Seattle, WA 98168
25 206-787-4918
Robbins.D@portseattle.org
26
CONSENT DECREE RE: 9 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
Each project coordinator shall be responsible for overseeing the implementation of this
2
Decree. Ecology's project coordinator will be Ecology's designated representative for the Site.
3
To the maximum extent possible, communications between Ecology and Defendant and all
4
documents, including reports, approvals, and other correspondence concerning the activities
5
performed pursuant to the terms and conditions of this Decree shall be directed through the
6
project coordinators. The project coordinators may designate, in writing, working level staff
7
contacts for all or portions of the implementation of the work to be performed required by this
8
Decree.
9
Any party may change its respective project coordinator. Written notification shall be
10
given to the other party at least ten (10) calendar days prior to the change.
11
VIII. PERFORMANCE
12
All geologic and hydrogeologic work performed pursuant to this Decree shall be under
13
the supervision and direction of a geologist or hydrogeologist licensed in the State of
14 Washington or under the direct supervision of an engineer registered in the State of
15 Washington, except as otherwise provided for by Chapters 18.220 and 18.43 RCW.
16 All engineering work performed pursuant to this Decree shall be under the direct
17 supervision of a professional engineer registered in the State of Washington, except as
18 otherwise provided for by RCW 18.43.130.
All construction work performed pursuant to this Decree shall be under the direct
19
supervision of a professional engineer or a qualified technician under the direct supervision of
20
a professional engineer. The professional engineer must be registered in the State of
21
Washington, except as otherwise provided for by RCW 18.43.130.
22
Any documents submitted containing geologic, hydrologic or engineering work shall be
23
under the seal of an appropriately licensed professional as required by Chapters 18.220 RCW
24
and 18.43 RCW.
25
26
CONSENT DECREE RE: 10 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
Defendant shall notify Ecology in writing of the identity of any engineer(s) and
2
geologist(s), contractor(s) and subcontractor(s), and others to be used in carrying out the terms
3 of this Decree, in advance of their involvement at the Site.
4 IX. ACCESS
5 Ecology or any Ecology authorized representative shall have access to enter and freely
6 move about all property at the Site that Defendant either owns, controls, or has access rights to
7 at all reasonable times for the purposes of, inter alia: inspecting records, operation logs, and
8 contracts related to the work being performed pursuant to this Decree; reviewing Defendant's
9 progress in carrying out the terms of this Decree; conducting such tests or collecting such
10 samples as Ecology may deem necessary; using a camera, sound recording, or other
11 documentary type equipment to record work done pursuant to this Decree; and verifying the
12 data submitted to Ecology by Defendant. Defendant shall make all reasonable efforts to secure
13 access rights for those properties within the Site not owned or controlled by Defendant where
14 remedial activities or investigations will be performed pursuant to this Decree. Ecology or any
15 Ecology authorized representative shall give reasonable notice before entering any Site
16 property owned or controlled by Defendant unless an emergency prevents such notice. All
17 Parties who access the Site pursuant to this Section shall comply with any applicable Health
18 and Safety Plan(s). Ecology employees and their representatives shall follow any appropriate
19 safety and security precautions required by the Port as part of their established safety and
20 security procedures that Ecology has consented to in advance of accessing the Site. Ecology
21 employees and their representatives shall not be required to sign any liability release or waiver
22 as a condition of Site property access.
23 X. SAMPLING, DATA SUBMITTAL, AND AVAILABILITY
24 With respect to the implementation of this Decree, Defendant shall make the results of
25 all sampling, laboratory reports, and/or test results generated by it or on its behalf available to
26
CONSENT DECREE RE: 11 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
Ecology. Pursuant to WAC 173-340-840(5), all sampling data, including ground water
2
elevation data, shall be submitted to Ecology in both printed and electronic formats in
3
accordance with Section XI (Progress Reports), Ecology's Toxics Cleanup Program Policy 840
4
(Data Submittal Requirements), and/or any subsequent procedures specified by Ecology for
5
data submittal.
6
If requested by Ecology, Defendant shall allow Ecology and/or its authorized
7
representative to take split or duplicate samples of any samples collected by Defendant
8
pursuant to the implementation of this Decree. Defendant shall notify Ecology seven (7) days
9
in advance of any sample collection or work activity at the Site. Ecology shall, upon request,
10
allow Defendant and/or its authorized representative to take split or duplicate samples of any
11
samples collected by Ecology pursuant to the implementation of this Decree, provided that
12
doing so does not interfere with Ecology's sampling. Without limitation on Ecology's rights
13
under Section IX (Access), Ecology shall notify Defendant prior to any sample collection
14
activity unless an emergency prevents such notice.
15
In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be
16
conducted by a laboratory accredited under Chapter 173-50 WAC for the specific analyses to
17
be conducted, unless otherwise approved by Ecology.
18
XI. PROGRESS REPORTS
19
Defendant shall submit to Ecology written monthly Progress Reports that describe the
20
actions taken during the previous month to implement the requirements of this Decree. The
21
Progress Reports shall include the following:
22
A. A list of on-site activities that have taken place during the month;
23
B. Detailed description of any deviations from required tasks not otherwise
24
documented in project plans or amendment requests;
25
26
CONSENT DECREE RE: 12 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
C. Description of all deviations from the Scope of Work and Schedule (Exhibit C)
2
during the current month and any planned deviations in the upcoming month;
3
D. For any deviations in schedule, a plan for recovering lost time and maintaining
4
compliance with the schedule;
5
E. All raw data (including laboratory analyses and ground water elevation data)
6
received by Defendant during the past month and an identification of the source of the sample
7
in both printed and electronic formats; and
8
F. A list of deliverables for the upcoming month if different from the schedule.
9
All Progress Reports shall be submitted in electronic format by the fifteenth (15th) day
10
of the month in which they are due after the effective date of this Decree. Unless otherwise
11
specified, documents submitted pursuant to this Decree shall be sent by certified mail, return
12
receipt requested, to Ecology's project coordinator.
13
XII. RETENTION OF RECORDS
14
During the pendency of this Decree, and for ten (10) years from the date this Decree is
15
no longer in effect as provided in Section XXVIII (Duration of Decree), Defendant shall
16
preserve all records, reports, documents, and underlying data in its possession relevant to the
17
implementation of this Decree and shall insert a similar record retention requirement into all
18
contracts with project contractors and subcontractors. Upon request of Ecology, Defendant
19
shall make all records available to Ecology and allow access for review within a reasonable
20
time.
21
Nothing in this Decree is intended by Defendant to waive any right it may have under
22
applicable law to limit disclosure of documents protected by the attorney work-product
23
privilege and/or the attorney-client privilege. If Defendant withholds any requested records
24
based on an assertion of privilege, Defendant shall provide Ecology with a privilege log
25
26
CONSENT DECREE RE: 13 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
specifying the records withheld and the applicable privilege. No Site-related data collected
2
pursuant to this Decree shall be considered privileged.
3
XIII. TRANSFER OF INTEREST IN PROPERTY
4
No voluntary conveyance or relinquishment of title, easement, leasehold, or other
5
interest in any portion of the Site shall be consummated by Defendant without provision for
6
continued operation and maintenance of any containment system, treatment system, and/or
7
monitoring system installed or implemented pursuant to this Decree.
8
Prior to Defendant's transfer of any interest in all or any portion of the Site, and during
9
the effective period of this Decree, Defendant shall provide a copy of this Decree to any
10
prospective purchaser, lessee, transferee, assignee, or other successor in said interest; and, at
11
least thirty (30) days prior to any transfer, Defendant shall notify Ecology of said transfer.
12
Upon transfer of any interest, Defendant shall notify all transferees of the restrictions on the
13
activities and uses of the property under this Decree and incorporate any such use restrictions
14
into the transfer documents.
15
XIV. RESOLUTION OF DISPUTES
16
A. In the event a dispute arises as to an approval, disapproval, proposed change, or
17
other decision or action by Ecology's project coordinator, or an itemized billing statement
18
under Section XXIV (Remedial Action Costs), the Parties shall utilize the dispute resolution
19
procedure set forth below.
20
1. Upon receipt of Ecology's project coordinator's written decision, or the
21
itemized billing statement, Defendant has fourteen (14) days within which to notify
22
Ecology's project coordinator in writing of its objection to the decision or itemized
23
statement.
24
25
26
CONSENT DECREE RE: 14 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
2. The Parties' project coordinators shall then confer in an effort to resolve
2
the dispute. If the project coordinators cannot resolve the dispute within fourteen (14)
3
days, Ecology's project coordinator shall issue a written decision.
4
3. Defendant may then request regional management review of the
5
decision. This request shall be submitted in writing to the Northwest Region Toxics
6
Cleanup Section Manager within seven (7) days of receipt of Ecology's project
7
coordinator's written decision.
8
4. Ecology's Regional Section Manager shall conduct a review of the
9
dispute and shall endeavor to issue a written decision regarding the dispute within thirty
10
(30) days of Defendant's request for review.
11
5. If Defendant finds Ecology's Regional Section Manager's decision
12
unacceptable, Defendant may then request final management review of the decision.
13
This request shall be submitted in writing to the Toxics Cleanup Program Manager
14
within seven (7) days of receipt of the Regional Section Manager's decision.
15
6. Ecology's Toxics Cleanup Program Manager shall conduct a review of
16
the dispute and shall endeavor to issue a written decision regarding the dispute within
17
thirty (30) days of Defendant's request for review of the Regional Section Manager's
18
decision. The Toxics Cleanup Program Manager's decision shall be Ecology's final
19
decision on the disputed matter.
20
B. If Ecology's final written decision is unacceptable to Defendant, Defendant has
21
the right to submit the dispute to the Court for resolution. The Parties agree that one judge
22
should retain jurisdiction over this case and shall, as necessary, resolve any dispute arising
23
under this Decree. In the event Defendant presents an issue to the Court for review, the Court
24
shall review the action or decision of Ecology on the basis of whether such action or decision
25
was arbitrary and capricious and render a decision based on such standard of review.
26
CONSENT DECREE RE: 15 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
C. The Parties agree to only utilize the dispute resolution process in good faith and
2
agree to expedite, to the extent possible, the dispute resolution process whenever it is used.
3
Where either party utilizes the dispute resolution process in bad faith or for purposes of delay,
4
the other party may seek sanctions.
5
D. Implementation of these dispute resolution procedures shall not provide a basis
6
for delay of any activities required in this Decree, unless Ecology agrees in writing to a
7
schedule extension or the Court so orders.
8
XV. AMENDMENT OF DECREE
9
The project coordinators may agree to minor changes to the work to be performed
10
without formally amending this Decree. Minor changes will be documented in writing by
11
Ecology.
12
Substantial changes to the work to be performed shall require formal amendment of this
13
Decree. This Decree may only be formally amended by a written stipulation among the Parties
14
that is entered by the Court, or by order of the Court. Such amendment shall become effective
15
upon entry by the Court. Agreement to amend the Decree shall not be unreasonably withheld
16
by any party.
17
Defendant shall submit a written request for amendment to Ecology for approval.
18
Ecology shall indicate its approval or disapproval in writing and in a timely manner after the
19
written request for amendment is received. If the amendment to the Decree is a substantial
20
change, Ecology will provide public notice and opportunity for comment. Reasons for the
21
disapproval of a proposed amendment to the Decree shall be stated in writing. If Ecology does
22
not agree to a proposed amendment, the disagreement may be addressed through the dispute
23
resolution procedures described in Section XIV (Resolution of Disputes).
24
25
26
CONSENT DECREE RE: 16 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
XVI. EXTENSION OF SCHEDULE
2
A. An extension of schedule shall be granted only when a request for an extension
3
is submitted in a timely fashion, generally at least thirty (30) days prior to expiration of the
4
deadline for which the extension is requested, and good cause exists for granting the extension.
5
All extensions shall be requested in writing. The request shall specify:
6
1. The deadline that is sought to be extended;
7
2. The length of the extension sought;
8
3. The reason(s) for the extension; and
9
4. Any related deadline or schedule that would be affected if the extension
10
were granted.
11
B. The burden shall be on Defendant to demonstrate to the satisfaction of Ecology
12
that the request for such extension has been submitted in a timely fashion and that good cause
13
exists for granting the extension. Good cause may include, but may not be limited to:
14
1. Circumstances beyond the reasonable control and despite the due
15
diligence of Defendant including delays caused by unrelated third parties or Ecology,
16
such as (but not limited to) delays by Ecology in reviewing, approving, or modifying
17
documents submitted by Defendant;
18
2. Acts of God, including fire, flood, blizzard, extreme temperatures,
19
storm, or other unavoidable casualty; or
20
3. Endangerment as described in Section XVII (Endangerment).
21
However, neither increased costs of performance of the terms of this Decree nor
22
changed economic circumstances shall be considered circumstances beyond the reasonable
23
control of Defendant.
24
C. Ecology shall act upon any written request for extension in a timely fashion.
25
Ecology shall give Defendant written notification of any extensions granted pursuant to this
26
CONSENT DECREE RE: 17 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
Decree. A requested extension shall not be effective until approved by Ecology or, if required,
2
by the Court. Unless the extension is a substantial change, it shall not be necessary to amend
3
this Decree pursuant to Section XV (Amendment of Decree) when a schedule extension is
4
granted.
5
D. An extension shall only be granted for such period of time as Ecology
6
determines is reasonable under the circumstances. Ecology may grant schedule extensions
7
exceeding ninety (90) days only as a result of:
8
1. Delays in the issuance of a necessary permit which was applied for in a
9
timely manner;
10
2. Other circumstances deemed exceptional or extraordinary by
11
Ecology; or
12
3. Endangerment as described in Section XVII (Endangerment).
13
XVII. ENDANGERMENT
14
In the event Ecology determines that any activity being performed at the Site under this
15
Decree is creating or has the potential to create a danger to human health or the environment,
16
Ecology may direct Defendant to cease such activities for such period of time as it deems
17
necessary to abate the danger. Defendant shall immediately comply with such direction.
18
In the event Defendant determines that any activity being performed at the Site under
19
this Decree is creating or has the potential to create a danger to human health or the
20
environment, Defendant may cease such activities. Defendant shall notify Ecology's project
21
coordinator as soon as possible, but no later than twenty-four (24) hours after making such
22
determination or ceasing such activities. Upon Ecology's direction, Defendant shall provide
23
Ecology with documentation of the basis for the determination or cessation of such activities.
24
If Ecology disagrees with Defendant's cessation of activities, it may direct Defendant to
25
resume such activities.
26
CONSENT DECREE RE: 18 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
If Ecology concurs with or orders a work stoppage pursuant to this Section,
2
Defendant's obligations with respect to the ceased activities shall be suspended until Ecology
3
determines the danger is abated, and the time for performance of such activities, as well as the
4
time for any other work dependent upon such activities, shall be extended, in accordance with
5
Section XVI (Extension of Schedule), for such period of time as Ecology determines is
6
reasonable under the circumstances.
7
Nothing in this Decree shall limit the authority of Ecology, its employees, agents, or
8
contractors to take or require appropriate action in the event of an emergency.
9
XVIII. COVENANT NOT TO SUE
10
A. Covenant Not to Sue: In consideration of Defendant's compliance with the
11
terms and conditions of this Decree, Ecology covenants not to institute legal or administrative
12
actions against Defendant regarding the release or threatened release of hazardous substances
13
covered by this Decree.
14
This Decree covers only the Site specifically identified in the Site Diagram (Exhibit A)
15
and those hazardous substances that Ecology knows are located at the Site as of the date of
16
entry of this Decree. This Decree does not cover any other hazardous substance or area.
17
Ecology retains all of its authority relative to any substance or area not covered by this Decree.
18
This Covenant Not to Sue shall have no applicability whatsoever to:
19
1. Criminal liability;
20
2. Liability for damages to natural resources; and
21
3. Any Ecology action, including cost recovery, against PLPs not a party to
22
this Decree.
23
If factors not known at the time of entry of the settlement agreement are discovered and
24
present a previously unknown threat to human health or the environment, the Court shall
25
amend this Covenant Not to Sue.
26
CONSENT DECREE RE: 19 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
B. Reopeners: Ecology specifically reserves the right to institute legal or
2
administrative action against Defendant to require it to perform additional remedial actions at
3
the Site and to pursue appropriate cost recovery, pursuant to RCW 70.105D.050 under the
4
following circumstances:
5
1. Upon Defendant's failure to meet the requirements of this Decree,
6
including, but not limited to, failure of the remedial action to meet the cleanup
7
standards identified in the Cleanup Action Plan (CAP) (Exhibit B);
8
2. Upon Ecology's determination that remedial action beyond the terms of
9
this Decree is necessary to abate an imminent and substantial endangerment to human
10
health or the environment;
11
3. Upon the availability of new information regarding factors previously
12
unknown to Ecology, including the nature or quantity of hazardous substances at the
13
Site, and Ecology's determination, in light of this information, that further remedial
14
action is necessary at the Site to protect human health or the environment; or
15
4. Upon Ecology's determination that additional remedial actions are
16
necessary to achieve cleanup standards within the reasonable restoration time frame set
17
forth in the CAP (Exhibit B).
18
C. Except in the case of an emergency, prior to instituting legal or administrative
19
action against Defendant pursuant to this Section, Ecology shall provide Defendant with fifteen
20
(15) calendar days notice of such action.
21
XIX. CONTRIBUTION PROTECTION
22
With regard to claims for contribution against Defendant, the Parties agree that
23
Defendant is entitled to protection against claims for contribution for matters addressed in this
24
Decree as provided by RCW 70.105D.040(4)(d).
25
26
CONSENT DECREE RE: 20 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
XX. LAND USE RESTRICTIONS
2
In consultation with Ecology, Defendant will prepare the Environmental (Restrictive)
3
Covenant consistent with WAC 173-340-440 and Chapter 64.70 RCW. After approval
4
by Ecology, Defendant shall record the Environmental (Restrictive) Covenant with the
5
office of the King County Auditor within ten (10) days of the completion of the As-
6
Built Report for each Parcel within the Site. The Environmental (Restrictive) Covenant
7
shall restrict future activities and uses of the Site as agreed to by Ecology and
8
Defendant. Defendant shall provide Ecology with the original recorded Environmental
9
(Restrictive) Covenant within thirty (30) days of the recording date.
10
XXI. FINANCIAL ASSURANCES
11
Pursuant to WAC 173-340-440(11), Defendant shall maintain sufficient and adequate
12
financial assurance mechanisms to cover all costs associated with the operation and
13
maintenance of the remedial action at the Site, including institutional controls, compliance
14
monitoring, and corrective measures.
15
Within sixty (60) days of the effective date of this Decree, Defendant shall submit to
16
Ecology for review and approval an estimate of the costs that it will incur in carrying out the
17
terms of this Decree, including operation and maintenance, and compliance monitoring.
18
Within sixty (60) days after Ecology approves the aforementioned cost estimate, Defendant
19
shall provide proof of financial assurances sufficient to cover all such costs in a form
20
acceptable to Ecology.
21
Defendant shall adjust the financial assurance coverage and provide Ecology's project
22
coordinator with documentation of the updated financial assurance for:
23
A. Inflation, annually, within thirty (30) days of the anniversary date of the entry of
24
this Decree; or if applicable, the modified anniversary date established in accordance with this
25
26
CONSENT DECREE RE: 21 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
Section, or if applicable, ninety (90) days after the close of Defendant's fiscal year if the
2
financial test or corporate guarantee is used; and
3
B. Changes in cost estimates, within thirty (30) days of issuance of Ecology's
4
approval of a modification or revision to the CAP that result in increases to the cost or
5
expected duration of remedial actions. Any adjustments for inflation since the most recent
6
preceding anniversary date shall be made concurrent with adjustments for changes in cost
7
estimates. The issuance of Ecology's approval of a revised or modified CAP will revise the
8
anniversary date established under this Section to become the date of issuance of such revised
9
or modified CAP.
10
XXII. INDEMNIFICATION
11
Defendant agrees to indemnify and save and hold the State of Washington, its
12
employees, and agents harmless from any and all claims or causes of action (1) for death or
13
injuries to persons or (2) for loss or damage to property to the extent arising from or on account
14
of acts or omissions of Defendant, its officers, employees, agents, or contractors in entering
15
into and implementing this Decree. However, Defendant shall not indemnify the State of
16
Washington nor save nor hold its employees and agents harmless from any claims or causes of
17
action to the extent arising out of the negligent acts or omissions of the State of Washington, or
18
the employees or agents of the State, in entering into or implementing this Decree.
19
XXIII. COMPLIANCE WITH APPLICABLE LAWS
20
A. All actions carried out by Defendant pursuant to this Decree shall be done in
21
accordance with all applicable federal, state, and local requirements, including requirements to
22
obtain necessary permits, except as provided in RCW 70.105D.090. The permits or other
23
federal, state or local requirements that the agency has determined are applicable and that are
24
known at the time of entry of this Decree have been identified in the Applicable or Relevant
25
and Appropriate Requirements (Exhibit D).
26
CONSENT DECREE RE: 22 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
B. Pursuant to RCW 70.105D.090(1), Defendant is exempt from the procedural
2
requirements of Chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW and of any laws
3
requiring or authorizing local government permits or approvals. However, Defendant shall
4
comply with the substantive requirements of such permits or approvals. The exempt permits or
5
approvals and the applicable substantive requirements of those permits or approvals, as they
6
are known at the time of entry of this Decree, Procedurally Exempt Requirements (Exhibit E).
7
Defendant has a continuing obligation to determine whether additional permits or
8
approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial
9
action under this Decree. In the event either Ecology or Defendant determines that additional
10
permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the
11
remedial action under this Decree, it shall promptly notify the other party of this determination.
12
Ecology shall determine whether Ecology or Defendant shall be responsible to contact the
13
appropriate state and/or local agencies. If Ecology so requires, Defendant shall promptly
14
consult with the appropriate state and/or local agencies and provide Ecology with written
15
documentation from those agencies of the substantive requirements those agencies believe are
16
applicable to the remedial action. Ecology shall make the final determination on the additional
17
substantive requirements that must be met by Defendant and on how Defendant must meet
18
those requirements. Ecology shall inform Defendant in writing of these requirements. Once
19
established by Ecology, the additional requirements shall be enforceable requirements of this
20
Decree. Defendant shall not begin or continue the remedial action potentially subject to the
21
additional requirements until Ecology makes its final determination.
22
C. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the
23
exemption from complying with the procedural requirements of the laws referenced in RCW
24
70.105D.090(1) would result in the loss of approval from a federal agency that is necessary for
25
the State to administer any federal law, the exemption shall not apply and Defendant shall
26
CONSENT DECREE RE: 23 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
comply with both the procedural and substantive requirements of the laws referenced in RCW
2
70.105D.090(1), including any requirements to obtain permits.
3
XXIV. REMEDIAL ACTION COSTS
4
Defendant shall pay to Ecology costs incurred by Ecology pursuant to this Decree and
5
consistent with WAC 173-340-550(2). These costs shall include work performed by Ecology
6
or its contractors for, or on, the Site under Chapter 70.105D RCW, including remedial actions
7
and Decree preparation, negotiation, oversight and administration. These costs shall include
8
work performed both prior to and subsequent to the entry of this Decree. Ecology's costs shall
9
include costs of direct activities and support costs of direct activities as defined in WAC
10
173-340-550(2). Ecology has accumulated $13,914.05 in unpaid remedial action costs related
11
to this facility incurred under Agreed Order No. DE 6703 as of June 30, 2013. Payment for
12
this amount shall be submitted within thirty (30) days of the effective date of this Decree or by
13
the due date of the invoice for those costs. For all costs incurred subsequent to June 30, 2013,
14
Defendant shall pay the required amount within thirty (30) days of receiving from Ecology an
15
itemized statement of costs that includes a summary of costs incurred, an identification of
16
involved staff, and the amount of time spent by involved staff members on the project. A
17
general statement of work performed will be provided upon request. Itemized statements shall
18
be prepared quarterly. Pursuant to WAC 173-340-550(4), failure to pay Ecology's costs within
19
ninety (90) days of receipt of the itemized statement of costs will result in interest charges at
20
the rate of twelve percent (12%) per annum, compounded monthly.
21
In addition to other available relief, pursuant to RCW 70.105D.055, Ecology has
22
authority to recover unreimbursed remedial action costs by filing a lien against real property
23
subject to the remedial actions.
24
25
26
CONSENT DECREE RE: 24 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
XXV. IMPLEMENTATION OF REMEDIAL ACTION
2
If Ecology determines that Defendant has failed without good cause to implement the
3
remedial action, in whole or in part, Ecology may, after notice to Defendant, perform any or all
4
portions of the remedial action that remain incomplete. If Ecology performs all or portions of
5
the remedial action because of Defendant's failure to comply with its obligations under this
6
Decree, Defendant shall reimburse Ecology for the costs of doing such work in accordance
7
with Section XXIV (Remedial Action Costs), provided that Defendant is not obligated under
8
this Section to reimburse Ecology for costs incurred for work inconsistent with or beyond the
9
scope of this Decree.
10
Except where necessary to abate an emergency situation, Defendant shall not perform
11
any remedial actions at the Site outside those remedial actions required by this Decree, unless
12
Ecology concurs, in writing, with such additional remedial actions pursuant to Section XV
13
(Amendment of Decree).
14
XXVI. PERIODIC REVIEW
15
As remedial action, including groundwater monitoring, continues at the Site, the Parties
16
agree to review the progress of remedial action at the Site, and to review the data accumulated
17
as a result of monitoring the Site as often as is necessary and appropriate under the
18
circumstances. At least every five (5) years after the initiation of cleanup action at the Site the
19
Parties shall meet to discuss the status of the Site and the need, if any, for further remedial
20
action at the Site. At least ninety (90) days prior to each periodic review, Defendant shall
21
submit a report to Ecology that documents whether human health and the environment are
22
being protected based on the factors set forth in WAC 173-340-420(4). Ecology reserves the
23
right to require further remedial action at the Site under appropriate circumstances. This
24
provision shall remain in effect for the duration of this Decree.
25
26
CONSENT DECREE RE: 25 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
XXVII. PUBLIC PARTICIPATION
2
A Public Participation Plan is required for this Site. Ecology shall review any existing
3
Public Participation Plan to determine its continued appropriateness and whether it requires
4
amendment.
5
Ecology shall maintain the responsibility for public participation at the Site. However,
6
Defendant shall cooperate with Ecology, and shall:
7
A. If agreed to by Ecology, develop appropriate mailing lists, prepare drafts of
8
public notices and fact sheets at important stages of the remedial action, such as the submission
9
of work plans, remedial investigation/feasibility study reports, cleanup action plans, and
10
engineering design reports. As appropriate, Ecology will edit, finalize, and distribute such fact
11
sheets and prepare and distribute public notices of Ecology's presentations and meetings.
12
B. Notify Ecology's project coordinator prior to the preparation of all press releases
13
and fact sheets, and before major meetings with the interested public and local governments.
14
Likewise, Ecology shall notify Defendant prior to the issuance of all press releases and fact
15
sheets, and before major meetings with the interested public and local governments. For all
16
press releases, fact sheets, meetings, and other outreach efforts by Defendant that do not
17
receive prior Ecology approval, Defendant shall clearly indicate to its audience that the press
18
release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by
19
Ecology.
20
C. When requested by Ecology, participate in public presentations on the progress
21
of the remedial action at the Site. Participation may be through attendance at public meetings
22
to assist in answering questions, or as a presenter.
23
D. When requested by Ecology, arrange and/or continue information repositories at
24
the following locations:
25
26
CONSENT DECREE RE: 26 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1 1. Burien Public Library
400 S.W. 152nd street
2 Burien, WA 98166
(206) 243-3490
3
2. Ecology's Northwest Regional Office
4 3190 160th Avenue SE
Bellevue, WA 98008-5452
5 (425) 649-7190
6 At a minimum, copies of all public notices, fact sheets, and documents relating to public
7 comment periods shall be promptly placed in these repositories. A copy of all documents
8 related to this site shall be maintained in the repository at Ecology's Northwest Regional
9 Office in Bellevue, Washington.
10 XXVIII. DURATION OF DECREE
11 The remedial program required pursuant to this Decree shall be maintained and
12 continued until Defendant has received written notification from Ecology that the requirements
13 of this Decree have been satisfactorily completed. This Decree shall remain in effect until
14 dismissed by the Court. When dismissed, Section XVIII (Covenant Not to Sue) and Section
15 XIX (Contribution Protection) shall survive.
16 XXIX. CLAIMS AGAINST THE STATE
17 Defendant hereby agrees that it will not seek to recover any costs accrued in
18 implementing the remedial action required by this Decree from the State of Washington or any
19 of its agencies; and further, that Defendant will make no claim against the State Toxics Control
20 Account or any local Toxics Control Account for any costs incurred in implementing this
21 Decree. Except as provided above, however, Defendant expressly reserves its right to seek to
22 recover any costs incurred in implementing this Decree from any other PLP. This Section does
23 not limit or address funding that may be provided under Chapter 173-322 WAC.
24 XXX. EFFECTIVE DATE
25 This Decree is effective upon the date it is entered by the Court.
26
CONSENT DECREE RE: 27 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
1
XXXI. WITHDRAWAL OF CONSENT
2
If the Court withholds or withdraws its consent to this Decree, it shall be null and void
3
at the option of any party and the accompanying Complaint shall be dismissed without costs
4
and without prejudice. In such an event, no party shall be bound by the requirements of this
5
Decree.
6
STATE OF WASHINGTON Robert W. Ferguson
7 DEPARTMENT OF ECOLOGY Attorney General
8
9 James J. Pendowski Allyson C. Bazan, WSBA #44221
Program Manager Assistant Attorney General
10 Toxics Cleanup Program (360) 586-3589
(360) 407-7177
11
Date: Date:
12
13 PORT OF SEATTLE
14
15 Tay Yoshitani
Chief Executive Officer
16 (206) 728-3000
17 Date:
18
ENTERED this _____ day of ________________ 20____.
19
20
21 JUDGE
King County Superior Court
22
23
24
25
26
CONSENT DECREE RE: 28 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
LORA LAKE APARTMENTS SITE
PO Box 40117
Olympia, WA 98504-0117
FAX (360) 586-6760
Exhibit A
1,271,500 1,272,000 1,272,500 1,273,000 1,273,500
Legend
Lora Lake Apartments Site Extent
SR 518
175,000 300 City Boundary 175,000
Notes:
City boundary data provided by King County.
CITY OF BURIEN
Aerial image provided by Port of Seattle CITY OF SEATAC
and dated March 20, 2011.
Coordinate grid presented in NAD 1983 HARN
State Plane Coordinate System, Washington
North Zone, in units of Survey Feet.
SOUTH 150 TH STREET
174,500 174,500
PORT OF
TH AVE SOUTH 8 DES MOINES MEMORIAL DRIVE SEATTLE
PROPERTY
L o r a
PORT OF L a k e
SEATTLE
PROPERTY
RD
STIA 3 RUNWAY
CITY OF BURIEN APPROACH
CITY OF SEATAC LIGHTING SYSTEM
174,000 174,000
0 150 300
Scale in Feet
Consent Decree Exhibit A
Figure 1
Lora Lake Apartments Site
Site Diagram
Burien, Washington
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan - T1140\Figure 1 (Site Diagram).mxd
9/3/2013 DRA FT
Exhibit B
Lora Lake Apartments Site
Draft Cleanup Action Plan
Prepared by
Washington State
Department of Ecology Lora Lake Apartments Site
Table of Contents
1.0 Introduction ...................................................................................................... 1-1
2.0 Site Description, Background, and Characterization ................................... 2-1
2.1 SITE DESCRIPTION ........................................................................................2-1
2.1.1 Lora Lake Apartments Parcel .............................................................2-1
2.1.2 Lora Lake Parcel ................................................................................2-2
2.1.3 1982 Dredged Material Containment Area ..........................................2-3
2.2 HISTORICAL PROPERTY OWNERSHIP AND LAND USE ..............................2-4
2.3 REGIONAL AND SITE GEOLOGY ...................................................................2-4
2.4 REGIONAL AND SITE GROUNDWATER.........................................................2-5
3.0 Contaminants of Concern, Cleanup Standards, and Contaminant
Distribution ...................................................................................................... 3-1
3.1 CONTAMINANTS OF CONCERN ....................................................................3-1
3.2 CLEANUP STANDARDS ..................................................................................3-2
3.3 SOIL CLEANUP LEVELS .................................................................................3-4
3.3.1 Lora Lake Apartments Parcel .............................................................3-4
3.3.2 Lora Lake Parcel ................................................................................3-4
3.3.3 1982 Dredged Material Containment Area ..........................................3-5
3.4 GROUNDWATER CLEANUP LEVELS .............................................................3-5
3.5 SEDIMENT CLEANUP LEVELS .......................................................................3-6
3.6 CONTAMINANT DISTRIBUTION ......................................................................3-7
3.6.1 Soil .....................................................................................................3-7
3.6.2 Groundwater .......................................................................................3-9
3.6.3 Sediment ............................................................................................3-9
3.7 POINTS OF COMPLIANCE ............................................................................3-10
3.7.1 Soil Points of Compliance ................................................................. 3-10
3.7.2 Groundwater Point of Compliance ....................................................3-11
3.7.3 Lora Lake Sediment Point of Compliance .........................................3-11
4.0 Cleanup Areas ................................................................................................. 4-1
4.1 LORA LAKE APARTMENTS PARCEL CLEANUP AREAS ...............................4-1
4.1.1 Cleanup Area A ..................................................................................4-1
4.1.2 Cleanup Area B ..................................................................................4-2
4.1.3 Cleanup Area C ..................................................................................4-2
Draft Cleanup Action Plan
Page i
Washington State
Department of Ecology Lora Lake Apartments Site
4.2 LORA LAKE PARCEL CLEANUP AREAS ........................................................4-3
4.2.1 Shallow Soil Cleanup Area .................................................................4-3
4.2.2 Sediment Cleanup Area......................................................................4-4
5.0 Selected Remedy ............................................................................................. 5-1
5.1 LORA LAKE APARTMENTS PARCEL ..............................................................5-1
5.2 LORA LAKE PARCEL .......................................................................................5-3
5.3 1982 DREDGED MATERIAL CONTAINMENT AREA .......................................5-5
6.0 Selected Remedy Implementation ................................................................. 6-1
6.1 LORA LAKE APARTMENTS PARCEL ..............................................................6-1
6.1.1 Soil .....................................................................................................6-1
6.1.2 Groundwater .......................................................................................6-1
6.1.3 Stormwater Conveyance System Improvements ................................6-2
6.1.4 Environmental Covenants ...................................................................6-2
6.2 LORA LAKE PARCEL .......................................................................................6-3
6.2.1 Soil .....................................................................................................6-3
6.2.2 Sediment ............................................................................................6-3
6.2.3 Environmental Covenants ...................................................................6-3
6.3 1982 DREDGED MATERIAL CONTAINMENT AREA .......................................6-4
6.4 ENVIRONMENTAL ANALYSIS OF REMEDY IMPLEMENTATION...................6-4
6.5 REQUIRED FOLLOW-ON DOCUMENTATION ................................................6-5
6.5.1 Financial Assurances .........................................................................6-5
6.5.2 Plans Describing the Cleanup Action ..................................................6-5
6.5.3 Permits, Approvals, and Substantive Requirements ...........................6-6
6.5.4 Construction Documentation ..............................................................6-6
6.5.5 Compliance Monitoring Plan ...............................................................6-6
7.0 Schedule .......................................................................................................... 7-1
7.1 IMPLEMENTATION SCHEDULE ......................................................................7-1
7.2 CONSTRUCTION PHASING AND SEQUENCING ...........................................7-1
8.0 References ....................................................................................................... 8-1
List of Tables
Table 3.1 Soil, Groundwater, and Sediment Cleanup Levels
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Table 5.1 Cleanup Alternatives Considered for the Lora Lake Apartments Parcel
Table 5.2 Cleanup Alternatives Considered for the Lora Lake Parcel
List of Figures
Figure 1.1 Site Vicinity Map
Figure 2.1 Site Map
Figure 2.2 Site Topography
Figure 2.3 Miller Creek Watershed Map
Figure 2.4 Historical Site Uses and Operations
Figure 3.1 Summary of Contaminant Distribution
Figure 3.2 Excavation Volume by Soil Concentration
Figure 3.3 Points of Compliance
Figure 4.1 Lora Lake Apartments Parcel Cleanup Areas
Figure 4.2 Lora Lake Parcel Cleanup Areas
Figure 5.1 Lora Lake Apartments Parcel Alternative Cost vs. Percent Dioxins/Furans
Mass Removed
Figure 5.2 Lora Lake Apartments Parcel Soil and Lora Lake Parcel Dioxins/Furans
TEQ concentrations to Remain On-site Compared to Dioxins/Furans TEQ
Concentrations in Seattle Urban Soil
List of Appendices
Appendix A SEPA Checklist
List of Acronyms and Abbreviations
Acronym/
Abbreviation Definition
AO Agreed Order
ARAR Applicable or Relevant and Appropriate Requirement
bgs Below ground surface
CAA Controlled Activity Area
CFR Code of Federal Regulations
COC Contaminant of concern
cPAH Carcinogenic polycyclic aromatic hydrocarbon
DCAP Draft Cleanup Action Plan
Draft Cleanup Action Plan
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Department of Ecology Lora Lake Apartments Site
Acronym/
Abbreviation Definition
DMCA 1982 Dredged Material Containment Area
EIC Indicator soil concentration
Ecology Washington State Department of Ecology
FAA Federal Aviation Administration
ft/ft Feet per foot
LL Apartments Parcel Lora Lake Apartments Parcel
LL Parcel Lora Lake Parcel
g/kg Micrograms per kilogram
g/L Micrograms per liter
mg/kg Milligrams per kilogram
MTCA Model Toxics Control Act
NRMP Natural Resource Management Plan
PCP Pentachlorophenol
pg/g Picograms per gram
POC Point of compliance
Port Port of Seattle
ppm parts per million
RCW Revised Code of Washington
RI Remedial Investigation
RI/FS Remedial Investigation/Feasibility Study
RPZ Runway Protection Zone
SEPA State Environmental Policy Act
Site Lora Lake Apartments Site
SMS Sediment Management Standards
SR 518 State Route 518
STIA Seattle-Tacoma International Airport
TEE Terrestrial Ecological Evaluation
TEQ Toxic equivalency quotient
TPH Total petroleum hydrocarbons
WAC Washington Administrative Code
WHMP Wildlife Hazard Management Plan
XOFA Extended Object Free Area
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1.0 Introduction
This Draft Cleanup Action Plan (DCAP) describes the cleanup action selected by the
Washington State Department of Ecology (Ecology) for the Lora Lake Apartments Site
(LL Apartments Site, or Site). The Site is located at 15001 Des Moines Memorial Drive
in Burien, Washington (Figure 1.1), near the northwest corner of Seattle-Tacoma
International Airport (STIA).
This DCAP was developed using information presented in the Remedial
Investigation/Feasibility Study (RI/FS) for the Site, which was prepared by Floyd|Snider
in 2013 on behalf of the Port of Seattle (Port) in accordance with the Agreed Order (AO)
for the Site (Floyd|Snider 2013a). The Port and Ecology entered into AO No. DE 6703
for the LL Apartments Site on July 10, 2009 (Ecology 2009).
The Site consists of three parcels: (1) Lora Lake Apartments Parcel (LL Apartments
Parcel), (2) Lora Lake Parcel (LL Parcel), and (3) 1982 Dredged Material Containment
Area (DMCA). The site cleanup is expected to occur in phases, with remedial actions
conducted at the LL Apartments Parcel and DMCA in 2016 and remedial actions
conducted at the LL Parcel in 2016 or 2017.
The Lora Lake Apartments Site is being cleaned up under the authority of the Model
Toxics Control Act, Chapter 70.105D of the Revised Code of Washington (RCW), and
the Model Toxics Control Act (MTCA) Cleanup Regulation, Chapter 173-340 of the
Washington Administrative Code (WAC).
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Department of Ecology Lora Lake Apartments Site
2.0 Site Description, Background, and Characterization
The Site straddles the boundary between the Cities of Burien and SeaTac, Washington
(refer to Figure 2.1). The LL Apartments Parcel is located within the City of Burien, at
15001 Des Moines Memorial Drive. The LL Parcel is located immediately across
Des Moines Memorial Drive to the east, and the DMCA is located to the northeast of the
LL Parcel, both within the City of SeaTac.
The Site, as defined by WAC 173-340-200, consists of the LL Apartments property, and
areas beyond the property boundary where contamination originating at the
LL Apartments property has come to be located. Prior to the Remedial Investigation (RI)
conducted in 2010, environmental investigations at the Site focused on the property
referred to throughout this document as the LL Apartments Parcel. Investigations and
historical research conducted as part of the RI determined that concentrations of
contaminants identified at the LL Apartments Parcel were also present in soil and
sediment on the LL Parcel and the DMCA.
A portion of the LL Apartments Parcel and all of the LL Parcel and the DMCA are within
designated safety zones established for operation of the STIA 3rd Runway (Figure 2.1).
Collectively these zones are called Runway Protection Zones (RPZs). Two subzones
cover the Site, the Extended Object Free Area (XOFA) and the Controlled Activity Area
(CAA). The XOFA must be kept clear of objects (including structures, equipment, and
terrain), with the exception of objects necessary for air navigation or aircraft groundmaneuvering
purposes. The CAA is farther from the runway; however, construction of
residences and public gathering places, such as shopping centers, offices, or hospitals
may not be constructed in the CAA. The Port will own the land within the RPZs in
perpetuity. Residential land use is not a potential future use within the RPZs.
2.1 SITE DESCRIPTION
2.1.1 Lora Lake Apartments Parcel
The LL Apartments Parcel occupies approximately 8.3 acres of currently vacant land
that is bounded to the north by State Route 518 (SR 518), to the east and southeast by
Des Moines Memorial Drive, to the west by 8th Avenue South, and to the south by an
open area that was formerly the site of a grocery store, bowling alley, small office
complex, and the former Seattle City Light Sunnydale Substation (shown on Figure 2.1
as the Former Seattle City Light Property), purchased by the Port in 2011. Land use to
the west of the LL Apartments Parcel is primarily residential. The area of the STIA
located just southeast of Des Moines Memorial Drive is reserved for habitat mitigation
associated with development of the STIA 3rd Runway and for the eastbound onramp to
SR 518. The LL Apartments Parcel vacant land is currently covered by asphalt parking
areas, concrete building foundations, and landscaping areas remaining from the
previous LL Apartments complex. The apartment buildings were demolished by the Port
in 2009. The existing LL Apartments Parcel topography was created during construction
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Department of Ecology Lora Lake Apartments Site
of the apartment buildings in 1987. The LL Apartments Parcel topography slopes
gradually to the southeast, with steeper slopes located adjacent to Des Moines
Memorial Drive to the east and from the SR 518 embankment to the north, as shown on
Figure 2.2. To the southeast of the existing property boundary, the topography
continues to slope gradually to the east towards Lora Lake.
An active City of Burien stormwater system runs through the LL Apartments Parcel,
including a main stormwater line that conveys stormwater drainage from the upstream
City of Burien drainage network. This main stormwater line enters on the west side of
the parcel and exits on the east side of the parcel. A second, smaller sub-system drains
the northeast portion of the LL Apartments Parcel and conveys water through smaller
pipes. This system connects to the adjacent Des Moines Memorial Drive drainage
system downstream of the property and discharges, with the additional stormwater from
Des Moines Memorial Drive, to Lora Lake through an outfall located at the northwestern
edge of the lake.
Stormwater chemical quality was assessed during the RI. The assessment found that
the Site was not currently contributing to degradation of the stormwater conveyed from
upstream across the property (refer to Appendix E of the RI/FS).
The existing storm drain system will be removed as part of the cleanup actions taken at
the LL Apartments Parcel. A new storm drain system will be installed in a different
location.
2.1.2 Lora Lake Parcel
The LL Parcel is located to the southeast of the LL Apartments Parcel, on the east side
of Des Moines Memorial Drive. The LL Parcel consists of approximately 7.1 acres of
land, including the approximately 3-acre Lora Lake and a STIA-constructed wetland
aquatic habitat mitigation area. The LL Parcel is bounded to the north by the SR 518
highway interchange, to the east and south by Port-owned habitat mitigation area and
the northern boundary of the STIA air operations area, and to the west and northwest by
Des Moines Memorial Drive (Figure 2.1). The LL Parcel and surrounding areas are
located within the Miller Creek Watershed. Headwaters of Miller Creek flow south (from
north of STIA) along the west side of the airport, through a series of Port-owned habitat
mitigation properties (including the LL Parcel), before turning west, crossing below
Highway 509, and eventually draining to Puget Sound. Figure 2.3 shows the location of
Lora Lake in relation to Miller Creek and the Miller Creek Watershed.
The LL Parcel is entirely secured by fencing. Public entry is prohibited.
The LL Parcel lies within a series of habitat mitigation areas developed and enhanced
by the Port in compliance with requirements of the Clean Water Act Section 404 Permit
#1996-4-02325 issued by the U.S. Army Corps of Engineers to support aquatic,
amphibian, and wetland habitat as part of the mitigation requirements associated with
development of the STIA 3rd Runway in 1997 (Port of Seattle 2011). The mitigation area
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Department of Ecology Lora Lake Apartments Site
is designated in the Natural Resource Management Plan (NRMP) as the Miller
Creek/Lora Lake/Vacca Farm Wetland and Floodplain Mitigation Area (Parametrix
2001).
The LL Parcel is densely vegetated and contains a mixture of grasses, forbs, emergent
wetland plants, and a canopy of mixed deciduous trees. Surface water bodies
associated with the LL Parcel consist of Lora Lake and Miller Creek, which runs past the
southeast margin of Lora Lake.
The operation and maintenance requirements for the Miller Creek/Lora Lake/Vacca
Farm Wetland and Floodplain Mitigation Area are described in the NRMP
(Parametrix 2001). The mitigation plan requirements support specific ecological
functions, but these are managed within the context of the Port's Wildlife Hazard
Management Plan (WHMP; Port of Seattle 2005), the controlling authority for this
special-use area. The WHMP provisions require, and result in, careful control of birds,
mammals, and plants within the area to minimize aircraft navigation dangers associated
with bird strikes and wildlife in the runway area.
Lora Lake receives stormwater runoff from the LL Apartments Parcel, the City of Burien
residential and commercial drainage areas upstream of the LL Apartments Parcel, and
the surrounding roadways downstream of the LL Apartments Parcel (e.g., Des Moines
Memorial Drive, SR 518 interchange, City of SeaTac) through a single outfall located
near the northwestern edge of the lake and via non-point source overland flow from the
LL Parcel.
2.1.3 1982 Dredged Material Containment Area
The DMCA, presented on Figure 2.1, is located adjacent to the LL Parcel, to the
northeast, on Port property. The DMCA is located within the secured airport area, the
RPZ-XOFA, within security fencing and is monitored and access-controlled by Port
security. Entry by the public is prohibited.
The City of Burien stormwater system crossing the LL Apartments Parcel discharges
from an outfall in the northwest corner of Lora Lake, as described above. In 1982, in
response to complaints from residents around the lake regarding excessive siltation
caused by this stormwater discharge, the then-current owner of the system,
King County, agreed to dredge approximately 4 feet of sediment from the lake bottom.
King County arranged with the Port to place the dredge material in a specifically
constructed facility on Port-owned property to the northeast of Lora Lake. The historical
project plans for the dredging work indicate that a total of 16,000 cubic yards of material
would be dredged, then placed and dewatered inside an approximately
120,000-square-foot area surrounded by a constructed soil berm. The dredging project
was implemented in 1982. The dredge spoil containment area is now referred to as the
DMCA.
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The DMCA has an area of approximately 2.75 acres, based on review of aerial
photographs. The eastern half of the DMCA is an approximately 1.5-acre vegetated
area covered by a mixture of grasses and invasive and pioneering plant species. The
remaining approximately 1.25 acres of land is the location of the Approach Lighting
System for the STIA 3rd Runway, which was constructed in 2006. This area has been
regraded and covered with gravel and is maintained by the Port to be free of vegetation.
The DMCA is located outside of the Miller Creek/Lora Lake/Vacca Farm Wetland and
Floodplain Mitigation Area. It is subject to the WHMP.
2.2 HISTORICAL PROPERTY OWNERSHIP AND LAND USE
Through the 1930s, the area was primarily agricultural, containing family farms,
suburban development, and supporting commercial businesses. Des Moines Memorial
Drive has been a primary thoroughfare since this time. To the east of Des Moines
Memorial Drive, a peat bog was excavated in the 1940s and 1950s to mine the peat,
resulting in the creation of Lora Lake. Houses were built around the lake, which were
present through the late 1990s.
The LL Apartments Parcel property was farmland until the mid-1940s, when the Novak
Barrel Cleaning Company was established. Metal drums and other containers were
brought to the company for washing in order to prepare the containers for reuse. It is
suspected that barrel drainage and washing activities took place in an operations area
located near the center of the LL Apartments Parcel, where barrel contents appear to
have been released, given the current presence of a clearly defined zone of substantial
contamination. Barrel-washing operations were conducted on the property until the early
1950s, when the property was sold for use as an auto-wrecking yard. The property was
used for auto-wrecking and auto storage until the mid-1980s.
In 1987, apartment buildings were constructed on the property. During development, a
small excavation to remove metals and petroleum-contaminated material was
completed in the area of assumed barrel-washing operations. This excavation and
associated cleanup were reported to and approved by Ecology at the time. Figure 2.4
presents locations of these known historical site uses and operations at, and directly
adjacent to, the LL Apartments Parcel.
The Port purchased the LL Apartments Parcel property in 1998, as part of the STIA
3rd Runway Project. Concurrently, the Port purchased properties east of Des Moines
Memorial Drive, which also were within the expansion area for the new runway and the
Federal Aviation Administration (FAA) RPZs. These properties included Lora Lake and
its abutting residences. The residences and apartments were demolished by the Port
between approximately 2005 and 2009.
2.3 REGIONAL AND SITE GEOLOGY
Substantial investigations of the regional geology in the area of the Site have been
conducted, including a Port-commissioned STIA Groundwater Study (Aspect Consulting
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and S.S. Papadopulos 2008), and were used in the development of the following
geology summary.
In general, the Puget Lowland is underlain at depth by volcanic and sedimentary
bedrock and is filled to the present-day land surface with both glacial and interglacial
sediments (interglacial sediments are those derived between periods of glaciation)
deposited during the Quaternary Period (within the last 2 million years; Aspect
Consulting 2010).
At the LL Apartments Parcel, glacial recessional outwash deposits are present at the
surface in areas where no fill is present. These recessional outwash deposits are part of
a relatively large southwest-northeast trending channel feature. With the exception of
the northern portion of the LL Apartments Parcel, the surface topography across the
remainder of the LL Apartments Parcel reflects substantial regrading that was
performed during construction of the apartment complex.
Data collected from soil borings and monitoring well installations indicate that the
subsurface geology at the LL Apartments Parcel consists of a discontinuous fill layer
that overlays glacial recessional outwash deposits. At the bottom of the recessional
outwash deposits a silt unit about 10 feet thick was encountered in the eastern portion
of the LL Apartments Parcel. Based on the STIA Groundwater Study, this silt unit is
likely indicative of a transition from recessional outwash deposits into glacial till deposits
(Aspect Consulting and S.S. Papadopulos 2008). The fill unit in the vicinity of the
LL Apartments Parcel is observed to have a variable thickness of up to 15 feet but is
absent in the northern portion of the property. The fill is composed of medium dense-todense
, fine-to-coarse grained sand with rounded gravel.
To the southeast of the LL Apartments Parcel, the LL Parcel is also underlain by
recessional outwash deposits, which are exposed at the surface. Beneath the
recessional outwash deposits, it is inferred that the till deposits are also present and
create a perching layer on which Lora Lake and the surrounding wetlands are formed.
Three subsurface sediment cores were collected in Lora Lake to depths of 5.5 feet in
two locations, and a depth of approximately 2 feet in the third location. Sediment types
were observed to be variable between the three sampling locations. Sediment types
included sandy silts with gravels, silts, and a thick reddish-brown peat layer in one of the
cores beneath a layer of silt.
Data collected from test pits advanced to 6 feet below ground surface (bgs) at the
DMCA indicate a similar fill layer to that of the LL Apartments Parcel (i.e., fine-to-coarse
grained sand with some silty sands and gravels). The assumed dredge material horizon
was dark brown silty sand with peaty material.
2.4 REGIONAL AND SITE GROUNDWATER
The uppermost groundwater aquifer in the vicinity of the Site is the recessional outwash
aquifer. Groundwater flow in the recessional outwash aquifer in the vicinity of the
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Department of Ecology Lora Lake Apartments Site
LL Apartments Parcel is to the southeast, towards Lora Lake. Because of the absence
of any confining units within the recessional outwash deposits that prevent groundwater
flow between the recessional outwash aquifer and Lora Lake, and based on the
calculated vertical groundwater gradients, the recessional outwash aquifer is likely in
hydraulic continuity with Lora Lake. Lora Lake and the predecessor peat-dominated
wetland formation likely formed on top of glacial till deposits that act as a confining unit
(aquitard) beneath the recessional outwash aquifer in the eastern portion of the
LL Apartments Parcel. This aquitard acts as a low-permeability barrier to groundwater
flow and limits downward flow into the deeper glacial advance outwash deposits and
regional aquifers.
Groundwater at the LL Apartments Parcel was observed at depths ranging from
approximately 5 to 22 feet bgs in wells within the native recessional outwash deposits
and some fill materials. Groundwater in downgradient wells located just east of Des
Moines Memorial Drive was observed at depths ranging from approximately 10 to 15
feet bgs. Groundwater levels generally responded to an increase in precipitation, with
lower groundwater levels observed in August and higher groundwater levels observed
in January (with the difference ranging between 1 foot and 6 feet). Groundwater levels
in all of the monitoring wells were substantially higher than surface water levels in Lora
Lake and Miller Creek. These data suggest that the surface water bodies may be
"gaining" water from groundwater discharge. Based on both groundwater elevation
contour maps, groundwater flow in the vicinity of the LL Apartments Parcel is primarily
to the southeast, towards Lora Lake, with slightly lower horizontal groundwater
gradients (between 0.008 and 0.017 feet per foot [ft/ft]) across the western portion of the
LL Apartments Parcel, compared to the eastern portion of the LL Apartments Parcel
(between 0.044 and 0.051 ft/ft).
The drinking water supply for residences and businesses surrounding the Site is
provided primarily by the Highline Water District's municipal drinking water system. The
closest groundwater supply/extraction wells are located approximately 1 to 2 miles
downgradient and cross-gradient to the Site. These wells are screened in the deeper
regional aquifer units (more than 100 feet bgs) and are unlikely to have hydrologic
connection to the near-surface shallow aquifer (recessional outwash aquifer) because of
the presence of underlying aquitards, including till deposits and, potentially, the finegrained
units of the transition beds.
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Department of Ecology Lora Lake Apartments Site
3.0 Contaminants of Concern, Cleanup Standards,
and Contaminant Distribution
Contaminants of concern (COCs), their distribution, and applicable cleanup standards
for the LL Apartments Parcel and the LL Parcel are presented below.
3.1 CONTAMINANTS OF CONCERN
The following COCs were identified in the RI/FS for the Site:
Contaminant Soil Groundwater Sediment
Arsenic
Carcinogenic polyaromatic hydrocarbons
Pentachlorophenol
Dioxins/furans
Total Petroleum Hydrocarbons (Gasoline,
Diesel, and Heavy Oil Ranges)
Lead
Toluene
Ethylbenzene
These contaminants are consistent with the past site uses, assuming that barrelwashing
residue would contain a variety of chemicals comprising wood-treating
compounds, solvents, and petroleum products.
Dioxins/furans are the most widespread COC at the Site, exceeding the applicable
cleanup level in shallow soil throughout the LL Apartments Parcel, deeper soil within the
LL Apartments Parcel Central and Eastern Source Areas, and shallow soil at the
LL Parcel.
The historical releases and operations within the LL Apartments Parcel Central and
Eastern Source Areas have impacted the shallow groundwater with arsenic,
pentachlorophenol (PCP), and dioxins/furans. Deeper groundwater beneath the LL
Apartments Parcel has not been impacted by contamination.
Shallow groundwater contamination is limited to the LL Apartments Parcel.
Groundwater downgradient of the LL Apartments Parcel, beneath the LL Parcel, and
beneath and downgradient of the DMCA has not been impacted.
Lora Lake sediment has been impacted by elevated levels of dioxins/furans. Detected
concentrations of arsenic and lead in Lora Lake sediments were greater than Sediment
Quality Standards levels, but less than Cleanup Screening Levels. Biological toxicity
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Department of Ecology Lora Lake Apartments Site
testing demonstrated that the surface sediments will not cause adverse impacts to
ecological receptors.
At the DMCA, reported concentrations of site COCs were less than the applicable
Industrial Cleanup Standards. The Port plans to use the DMCA for equipment storage
and temporary construction laydown. The DMCA surface will be improved by placing a
compacted gravel or engineered surface. This will eliminate potential wildlife exposure
pathways and allow for an exclusion from the Terrestrial Ecological Evaluation (TEE).
The barrier to wildlife will be in place no later than December 31, 2017. Institutional
controls will be placed on the DMCA to ensure barriers to wildlife are maintained in the
future.1
3.2 CLEANUP STANDARDS
Cleanup standards have been established for this Site. Two factors control designation
of appropriate cleanup standards for specific sites: specification of cleanup levels (the
chemical concentrations that are protective of human health and the environment) for
each COC in each impacted media; and identification of the point of compliance (POC;
the location on the Site where the cleanup levels must be attained). Current and future
uses and associated exposure pathways are different for each of the three parcels at
the LL Apartments Site, resulting in different soil cleanup standards for each parcel.
Groundwater cleanup standards apply site-wide, and sediment cleanup standards apply
to the sediment within Lora Lake. Applicable cleanup standards for each parcel in each
media have been identified in the RI/FS and are described below.
In overview, the primary cleanup regulations and guidance that apply to this Site are the
MTCA Cleanup Regulation (Chapter 173-340 WAC), revised Sediment Management
Standards (SMS) rule (Chapter 173-204 WAC2), and the Sediment Evaluation
Framework (RSET 2009). Surface water quality criteria (National Toxics Rule, 40 Code
of Federal Regulations [CFR] 131.36 and Clean Water Act Section 304) were also
considered in evaluating the leaching potential of Lora Lake and Miller Creek
sediments.
In developing cleanup levels, the following site-specific land use information is relevant:
The Port's current objective for the Site is to redevelop the city block that the
LL Apartments Parcel is a part of for airport-compatible commercial or light
industrial use.
1
The TEE COCs are dioxins/furans. Dioxins/furans do not have cleanup levels applicable to plants or soil biota.
There are cleanup standards for wildlife. Hence, the barrier needs to prevent exposure of wildlife to soil.
2
The SMS rule was revised and adopted February 22, 2013, after completion of the Public Review Draft RI/FS
report; and will be effective September 1, 2013, prior to finalization of the CAP. Because the revised SMS rule was
not promulgated at the time of the Public Review Draft RI/FS document development, the Draft Freshwater Benthic
Sediment Quality Value technical report prepared for Ecology (Avocet Consulting 2010) was used as an applicable
cleanup regulation in the Public Review Draft RI/FS. All sediment cleanup levels for site sediment COCs are
consistent between the Draft Freshwater Benthic Sediment Quality Value technical report and the revised SMS rule.
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Department of Ecology Lora Lake Apartments Site
The LL Apartments Parcel, the majority of the LL Parcel, and the DMCA are
all Port-owned properties currently located within security fencing and
monitored and access-controlled by Port security procedures and personnel.
Public access is not allowed. A small portion of the LL Parcel, such as parcel
soils adjacent to Des Moines Memorial Drive, which is outside of the secured
fencing, is potentially accessible by the public.
The FAA defines restrictions on allowable development and structures for
runway and runway approach safety areas (AC/150 5300-13; USDOT
FAA 1989). Figure 2.1 shows where the FAA's Runway Protection and
Approach Transition Zones overlay the Site. The restrictions are given in the
legend.
The LL Parcel is part of the Miller Creek/Lora Lake Upland Buffer and Flood
Plain Zone Mitigation Area required by the NRMP for STIA 3rd Runway
construction (Parametrix 2001). Lora Lake and Miller Creek are both
freshwater environments with public access prohibited in the area
surrounding Lora Lake and the adjacent portions of Miller Creek. Restrictive
covenants prohibit any future development on the LL Parcel, which will be
maintained as a protected wetland aquatic habitat area in perpetuity.
WAC 173-201A-600(1), a section of the Water Quality Standards for Surface
Waters of the State of Washington, requires that water quality in Lora Lake
and Miller Creek be protected for the following: salmonid spawning, rearing,
and migration; primary contact recreation; domestic, industrial, and
agricultural water supply; stock watering; wildlife habitat; harvesting;
commerce and navigation; boating; and aesthetic values. In addition, Miller
Creek, to which Lora Lake discharges, has been closed to consumptive use
since 1946 in order to protect flows for aquatic habitat (Water Resource
Inventory Area 9, WAC 173-509-040).
The DMCA meets the MTCA criteria for establishing soil cleanup levels for
industrial land use. COC soil concentrations measured at the DMCA were
less than the soil cleanup standards for industrial properties. WAC 173-340-
745. Groundwater downgradient from the DMCA was not impacted by COCs.
The DMCA qualifies for an exclusion from the TEE due to the Port's planned
future land use. An institutional control will be placed on the DMCA to require
that surface improvements provide a barrier to wildlife and to keep the area in
industrial use.
Table 3.1 summarizes the cleanup levels applicable to the LL Apartments Parcel, the
LL Parcel, and the DMCA following evaluation of the pathways for each media.
Table 3.1 also identifies the specific numerical cleanup levels, based on the applicable
cleanup levels by media for each specific COC.
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3.3 SOIL CLEANUP LEVELS
As stated above, each of the three parcels at the LL Apartments Site have different
current and future uses and associated exposure pathways, resulting in differing
applicability of soil cleanup standards, as described below.
3.3.1 Lora Lake Apartments Parcel
The following soil exposure pathways and associated cleanup level regulations are
applicable to the LL Apartments Parcel:
Protection of human health via direct contact with soil: MTCA Method B (or
Method A where Method B is not available) soil cleanup levels. MTCA
Method B soil cleanup levels are protective for airport workers and possible
public direct contact exposure.
Soil leaching to groundwater: MTCA Equation 747-1 calculation of soil
cleanup levels for the protection of groundwater resources from contaminants
leaching from soil, unless empirical site data demonstrate that this is not a
pathway of concern.
Protection of ecological receptors: The LL Apartments Parcel meets the
criteria for an exclusion from the TEE because future land use is planned to
be airport-compatible commercial or light industrial use within 4 years of
completion of cleanup construction, thus creating a barrier to wildlife. An
institutional control will be placed on the LL Apartments Parcel to require that
surface improvements provide a barrier to wildlife and to keep the area in
commercial use.
3.3.2 Lora Lake Parcel
The following soil exposure pathways and associated cleanup level regulations are
applicable to the LL Parcel:
Protection of human health via direct contact with soil: MTCA Method B (or
Method A where Method B is not available) soil cleanup levels. MTCA
Method B soil cleanup levels are protective for airport workers and possible
public direct contact exposure.
Soil leaching to groundwater: MTCA Equation 747-1 calculation of soil
cleanup levels for the protection of groundwater resources from contaminants
leaching from soil, unless empirical site data demonstrate that this is not a
pathway of concern.
Protection of ecological receptors: The LL Parcel does not qualify for an
exclusion from the TEE process, and site-specific ecological indicator soil
concentrations (EICs) for avian and mammalian wildlife (WAC 173-340-900,
Table 749-3) are applicable as soil cleanup levels for the ecological COCs.
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TEE EICs for wildlife exposure for dioxins and furans (2 picograms per gram
[pg/g] toxic equivalency quotient [TEQ] and 2 pg/g TEQ, separately) are less
than the Ecology-determined State of Washington natural background soil
concentration of 5.2 pg/g TEQ for dioxins/furans (Ecology 2010). Because
MTCA WAC 173-340-900 Table 749-3 states that "Natural background
concentrations may be substituted for ecological indicator concentrations
provided in this table," natural background is applicable as a soil cleanup level
at the LL Parcel for dioxins/furans.
3.3.3 1982 Dredged Material Containment Area
The following soil exposure pathways and associated cleanup level regulations are
applicable to the DMCA:
Protection of human health via direct contact with soil: MTCA Method C soil
cleanup levels. MTCA Method C soil cleanup levels are protective for
industrial use and airport worker direct contact exposure.
Soil leaching to groundwater: MTCA Equation 747-1 calculation of soil
cleanup levels for the protection of groundwater resources from contaminants
leaching from soil, unless empirical site data demonstrate that this is not a
pathway of concern.
Protection of ecological receptors: Future land uses at the DMCA will be
airport-compatible uses in compliance with the FAA RPZs, such as temporary
construction laydown or equipment storage. Land use improvements to allow
for this future use will consist of surface improvements (e.g., placement of a
compacted gravel or engineered surface), which eliminate potential wildlife
exposure pathways and allow for an exclusion from the TEE and application
of cleanup standards for terrestrial and ecological protection at the DMCA.
Institutional controls will be placed on the DMCA to ensure barriers to wildlife
are maintained in the future and to keep the area in industrial use.
3.4 GROUNDWATER CLEANUP LEVELS
Groundwater cleanup levels apply across the entire site. The following groundwater
exposure pathways and associated cleanup level regulations are applicable to the Site:
Protection of human health via drinking water consumption: MTCA Method B
(or Method A where Method B is not available) groundwater cleanup levels.
Protection of human health via drinking water consumption: state and federal
drinking water Maximum Contaminant Levels.
Protection of surface water beneficial uses.
Applicable surface water quality criteria are based on protection of human health via
consumption of aquatic organisms. For all site COCs, except dioxins/furans,
groundwater cleanup levels based on drinking water consumption are more stringent
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than these surface water criteria. Therefore, the groundwater cleanup levels based on
drinking water consumption apply.
Assessment of dioxins/furans concentrations in groundwater, as discussed in
Section 5.2.2.2 of the RI/FS, indicates dioxins/furans are not likely to reach surface
water. WAC 173-340-720(4)(b)(ii) states that,
"Where the groundwater cleanup level is based on a drinking water
beneficial use, standard MTCA Method B cleanup levels shall be at least
as stringent as concentrations established in accordance with the methods
specified in WAC 173-340-730 for protecting surface water beneficial uses
unless it can be demonstrated that the hazardous substances are not
likely to reach surface water. This demonstration must be based on factors
other than the implementation of a cleanup action at the site."
Hence, the applicable groundwater cleanup level for dioxins/furans also is based on
drinking water consumption.
3.5 SEDIMENT CLEANUP LEVELS
The following sediment exposure pathways and associated cleanup level regulations
were considered to identify applicable sediment cleanup level regulations at the
LL Parcel and in Miller Creek:
Protection of ecological receptors in Lora Lake and Miller Creek: revised SMS
rule (WAC 173-204), effective September 1, 2013; and the Draft Ecology
Freshwater Benthic Sediment Quality Values (Avocet Consulting 2010).3
Protection of ecological receptors in Lora Lake and Miller Creek: Sediment
Evaluation Framework, revised SMS and draft Ecology freshwater biological
toxicity interpretive criteria2 (WAC 173-204, RSET 2009, Avocet Consulting
2010).
Protection of human health, including sediment leaching to surface water:
surface water for consumption of water and organisms Applicable or Relevant
and Appropriate Requirements (ARARs; National Toxics Rule, 40 CFR
131.36 and Clean Water Act Section 304).
Sediment COC concentrations and cleanup levels protective of surface water ARARs
for the protection of human health were calculated for Lora Lake using equilibrium
partitioning. Following the comparison of Lora Lake sediment results to the calculated
3
The SMS rule was revised and adopted February 22, 2013, after completion of the Public Review Draft RI/FS
report; and will be effective September 1, 2013, prior to finalization of the CAP. Because the revised SMS rule was
not promulgated at the time of the Public Review Draft RI/FS document development, the Draft Freshwater Benthic
Sediment Quality Value technical report prepared for Ecology (Avocet Consulting 2010) was used as an applicable
cleanup regulation in the Public Review Draft RI/FS. All sediment cleanup levels for site sediment COCs are
consistent between the Draft Freshwater Benthic Sediment Quality Value technical report and the revised SMS rule.
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cleanup levels, a numerical cap modeling evaluation was conducted as part of the
RI/FS to further assess the potential for sediment COCs in Lora Lake to leach from
sediments to surface water at concentrations greater than those permitted by surface
water ARARs. The numerical cap modeling evaluation resulted in the development and
evaluation of remedial alternatives that immobilize COCs in-situ and isolates them from
the environment (refer to RI/FS, Sections 5.2.3.2 and 6.3, and Appendix P).
Equilibrium partitioning-based sediment cleanup levels are applicable to Lora Lake
sediments. Surface sediment samples were collected from three locations in
Miller Creek: upstream and downstream of, and at, the Lora Lake discharge culvert to
Miller Creek. Results of the sediment sample analysis showed that there is no
difference in the chemical quality of surface sediments upgradient and downgradient of
the Lora Lake discharge culvert; therefore, Miller Creek is not impacted by the
Lora Lake sediment COCs. Miller Creek sediment quality was further evaluated by
bioassay testing and a sediment leaching evaluation (refer to RI/FS Section 4.3.1 and
Appendix P for additional information).
3.6 CONTAMINANT DISTRIBUTION
Figure 3.1 summarizes the distribution of the COCs in soil at the three areas of the Site
compared to their cleanup levels. The values presented show the degree of cleanup
level exceedance by the maximum detected COC concentration in units of "times
greater than the cleanup level."
This section also discusses establishment of a dioxins/furans remediation level for soil.
3.6.1 Soil
3.6.1.1 Lora Lake Apartments Parcel Contaminant Distribution
Soil contamination on the LL Apartments Parcel reflects the history of use of the Site.
Contamination is highest and deepest in the area of the concrete sump where barrelwashing
operations occurred (refer to Figure 2.4). During development of the land for
apartment construction, soil was pushed downslope to the east for grading; high
concentrations of COCs occur here. Exceedances of cleanup levels for COCs other
than dioxins/furans are associated with higher concentrations of dioxins/furans. Over
much of the rest of the LL Apartments Parcel, dioxins/furans contamination is shallow
and dioxins/furans concentrations are less than 10 times the cleanup level.
The distribution of dioxins/furans contaminant concentrations is such that most of the
mass of dioxins/furans is in the areas that exceed 10 times the dioxins/furans cleanup
level. Figure 3.2 shows the relationship between soil volume and dioxins/furans TEQ
concentrations. The figure shows that the soil volume with dioxins/furans TEQ
concentrations less than 10 times the cleanup level (56,000 cubic yards) is larger than
the soil volume with dioxins/furans TEQ concentrations greater than 10 times the
cleanup level (19,000 cubic yards) by almost a factor of 3 .
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Approximately 88 percent of the mass of dioxins/furans in the soil is in the areas where
dioxins/furans exceed 100 times the cleanup level. Approximately 96 percent of the
mass of dioxins/furans is in the areas where dioxins/furans exceed 10 times the cleanup
level.
3.6.1.2 Dioxins/Furans Remediation Level
A remediation level is a contaminant concentration greater than which a more
aggressive cleanup action will be taken. Remediation levels are greater than cleanup
levels.
A remediation level of 100 pg/g TEQ (about 10 times the cleanup level) for
dioxins/furans has been selected at the LL Apartments Parcel. This level was
determined by considering the relationship between soil volume excavation and
reduction in site-wide dioxins/furans TEQ mass concentration shown on Figure 3.2. If
the remediation level was set at less than 100 pg/g TEQ, a disproportionate increase in
excavation volume, and hence in cost, is required to achieve a lower dioxins/furans
TEQ concentration of soil left on-site (refer to WAC 173-340-360(e) and discussion in
Section 5.0).
In the context of the Site, soil present on the LL Apartments Parcel with dioxins/furans
TEQ concentrations exceeding the remediation level will be excavated and sent to an
off-site disposal facility. Soil with dioxins/furans TEQ concentrations less than the
remediation level will be contained on-site.
3.6.2.2 Lora Lake Parcel
Only dioxins/furans and lead concentrations in soil on the LL Parcel exceed their
cleanup levels. The other COC concentrations are less than their cleanup levels. A
technical memorandum describing dioxins/furans TEQ concentrations in LL Parcel Soil
was submitted to Ecology in August 2013 (Floyd|Snider 2013b). Refer to RI/FS
Figure 4.2 for maximum lead concentrations measured in soil at the LL Parcel.
Lead exceeded its cleanup level of 50 milligrams per kilogram (mg/kg) in 2 of the 19 soil
samples collected in which lead was measured, at concentrations of 58 and 64 mg/kg.
These concentrations were in the surface soil.
Dioxins/furans exceeded the cleanup level of 5.2 pg/g in 10 of the 29 soil samples
collected. It exceeded twice the cleanup level in 5 of 10 soil samples collected.
Whether the dioxins/furans concentrations detected in the soil sampled from the
LL Parcel are related to historical industrial operations or to general urban background
concentrations is unclear.
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3.6.3.3 1982 Dredged Material Containment Area
Soil COC concentrations were all less than their cleanup levels, which are based on
industrial land use. Soil within the DMCA was dredged from Lora Lake in 1982.
3.6.2 Groundwater
The only well on-site that had a substantial exceedance of the dioxins/furans cleanup
level is located in the concrete sump area (Well MW-1) where barrel-washing activities
occurred and dioxins/furans TEQ soil concentrations are highest. The highest
dioxins/furans TEQ groundwater concentration was about 6.5 times its cleanup level.
Arsenic was almost 3 times its cleanup level at this location (refer to Figure 3.1).
Dioxins/furans also exceeded the cleanup level in the northwest corner of the property.
At the northeast corner (Well MW-13), dioxins/furans were not detected. Because of the
laboratory detection limits for the sample and the method for calculating the
dioxins/furans TEQ concentration (the dioxins/furans TEQ concentration is a sum of 17
congeners, and when 1 of the congeners is not detected, its concentration is assigned a
value of one-half the detection limit.), the non-detected value of the sample from MW-13
was 1.09 times the groundwater cleanup level, as indicated on Figure 3.1.
At the northwest corner (Well MW-2, which is an upgradient well), 1 of the
17 dioxins/furans congeners was detected in 2 of the RI/FS groundwater monitoring
rounds, and 2 of the congeners were detected in 1 of the 3 RI/FS groundwater
monitoring rounds. Assigning one-half the detection limit to all of the remaining nondetected
dioxins/furans congeners, the summed dioxins/furans TEQ concentration is
1.01 times the cleanup level.
Hence, the only exceedance of the dioxins/furans groundwater cleanup level that is
substantial and that can be reliably associated with the historical industrial operations
area on the LL Apartments Parcel was at Well MW-1. Dioxins/furans TEQ
concentrations in groundwater attenuate rapidly due to their strong tendency to sorb to
soil, and the wells downgradient of historic industrial operations area do not have
dioxins/furans TEQ concentrations exceeding their cleanup level.
Arsenic and PCP exceeded their cleanup levels in one well on the eastern boundary of
the LL Apartments Parcel. This is downgradient of the concrete sump area where
barrel-washing activities occurred.
3.6.3 Sediment
Bioassay results found that surface sediment quality was protective of the ecological
receptors of concern, benthic organisms.
Of the contaminants tested, only dioxins/furans had concentrations sufficiently high for
the sediment to surface water pathway to be of concern. Dioxins/furans TEQ
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concentrations ranged from 0.3 pg/g to 217 pg/g. While dioxins/furans strongly sorb to
soil and have very low solubility in water, the National Recommended Water Quality
Standard for surface water to protect human health is very low (0.005 picograms per
liter). The standard is low because dioxins/furans are highly bioaccumulative in fish.
Sediment COC concentrations/cleanup levels protective of surface water ARARs for the
protection of human health were calculated for Lora Lake sediments using equilibrium
partitioning. The calculated dioxins/furans sediment cleanup level is 5 pg/g, less than
the dioxins/furans TEQ concentrations detected at all five of the lake sediment sampling
locations. The calculated arsenic sediment cleanup level was less than the practical
quantitation limit. Therefore, per MTCA, when a cleanup level is less than the practical
quantitation limit, the cleanup level defaults to the practical quantitation limit or the
natural background concentration, whichever is greater (refer to WAC 173-340-
700(6)(d)). The natural background-based arsenic cleanup level is 11 mg/kg (Table
3.1). The arsenic concentrations detected at four of the five lake sediment sampling
locations were greater than the cleanup level. Therefore, following the comparison of
Lora Lake sediment results to the calculated cleanup levels, a numerical cap modeling
evaluation was conducted as part of the RI/FS to (1) further assess the potential for
sediment COCs in Lora Lake to leach from sediments to surface water at
concentrations greater than those permitted by surface water ARARs and (2) to assess
remedial alternatives.
3.7 POINTS OF COMPLIANCE
The POCs are the point or points where cleanup levels are attained. POCs for soil,
groundwater, and sediment are shown on Figure 3.3.
3.7.1 Soil Points of Compliance
3.7.1.1 Lora Lake Apartments Parcel
Soil direct contact. The POC for the soil cleanup level is based on the direct
contact exposure pathway. The MTCA standard POC for soil direct contact is
throughout the LL Apartments Parcel, from the ground surface to a depth of 15 feet
bgs (WAC 173-340-740(6)(d); Ecology 2007). However, Ecology recognizes that soil
cleanup levels for direct contact to a depth of 15 feet bgs will not typically be met in
portions of sites that use containment. In these cases, the cleanup action may be
determined to comply with cleanup standards provided the selected remedy is
permanent to the maximum extent practicable and is protective of human health. All
soil with dioxins/furans TEQ concentrations exceeding 11 pg/g within the POC must
be contained or excavated. The POC is the LL Apartments property boundary, and a
zone of the former Seattle City Light Property, as shown in Figure 3.3. This POC
also establishes the area that must be covered by a barrier to wildlife.
Protection of groundwater. The POC for soil to protect groundwater is throughout
the Site. Groundwater sampling has empirically demonstrated that groundwater
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contamination is limited to areas where soil dioxins/furans TEQ exceedances are
greater than 100 times the cleanup level (1,000 pg/g). The soil POC for protecting
groundwater will be the limits of soil with dioxins/furans TEQ concentrations
exceeding about 10 times the cleanup level. This is the area where soil exceeds 100
pg/g, the remediation level set above. All soil exceeding the 100 pg/g dioxins/furans
remediation level must be excavated and disposed of off-site at a properly permitted
facility.
Protection of TEE. The LL Apartments Parcel qualifies for an exclusion from TEE
assessment because its future use is commercial and have a barrier to wildlife
exposure. This exclusion requires an institutional control to ensure the excluded
area is covered by barriers that will prevent wildlife from being exposed to the soil
contamination. We anticipate that the institutional control will apply to the LL
Apartments Parcel property boundary.
3.7.1.2 Lora Lake Parcel
The soil POC bounds the areas of soil in the LL Parcel where some soil dioxins/furans
TEQ concentrations exceed the TEE cleanup level of 5.2 pg/g. This POC is shown on
Figure 3.3.
3.7.1.3 1982 Dredged Material Containment Area
The DMCA is an industrial area. Hence, industrial soil cleanup levels were used for
comparison to COC detected concentrations. The POC is the extent of the DMCA. An
institutional control is required when industrial cleanup levels are used (WAC 173-340-
440(4)(c)) to maintain the area covered by the institutional control in industrial use. An
environmental covenant will be placed on the area within the DMCA POC, requiring it
be kept in industrial use.
3.7.2 Groundwater Point of Compliance
The standard POC for groundwater under MTCA is "throughout the site from the
uppermost level of the saturated zone extending vertically to the lowest depth which
could potentially be affected by the site" (WAC 173-340-720(8); Ecology 2007). At the
LL Apartments Site, the standard POC for groundwater applies and cleanup levels will
be met by the proposed cleanup action. The groundwater POC is shown on Figure 3.3.
3.7.3 Lora Lake Sediment Point of Compliance
The POC for sediment within Lora Lake is based upon protection of surface water
quality via sediment leaching. Modeling has indicated sediment dioxins/furans TEQ
concentrations may cause exceedances of surface water quality standards for
dioxins/furans. The POC for sediment, the area exceeding sediment cleanup standards
within Lora Lake is shown on Figure 3.3. This area must be remediated in a manner to
prevent leaching of dioxins/furans to surface water.
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4.0 Cleanup Areas
The LL Apartments Parcel and LL Parcel have been divided into Cleanup Areas for
application of remedial technologies. Remedial alternatives were developed and
evaluated for each cleanup area in the RI/FS (refer to Section 5.0). Descriptions of the
Cleanup Areas for the LL Apartments Parcel and LL Parcel are presented below.
The DMCA did not require division into Cleanup Areas.
4.1 LORA LAKE APARTMENTS PARCEL CLEANUP AREAS
Because the application of remedial technologies to a given area of the LL Apartments
Parcel is based primarily on the nature and extent of the contamination, Cleanup Areas
have been determined so that a single remedial component may be conducted in areas
with similar nature and extent of contamination conditions.
Based on nature and extent of contamination, the LL Apartments Parcel has been
divided into three Cleanup Areas (illustrated on Figure 4.1): Cleanup Areas A, B, and C.
The extent of each Cleanup Area is defined by soil cleanup levels based on protection
of human health by direct contact (assuming unrestricted land use) and groundwater
cleanup levels based on the protection of groundwater for drinking water use (refer to
Section 3.0). Cleanup Areas A, B, and C are described below.
4.1.1 Cleanup Area A
Cleanup Area A designates two separate locations at the LL Apartments Parcel where
the maximum detected dioxins/furans TEQ concentration in soil at any depth is greater
than 1,000 pg/g TEQ. Concentrations of dioxins/furans identified during the RI in
Cleanup Area A range from 1,000 pg/g TEQ to 21,165 pg/g dioxins/furans TEQ.
Additional COCs present, and their associated maximum concentrations, include:
carcinogenic polycyclic aromatic hydrocarbons (cPAHs; 880 micrograms per kilogram
[g/kg]), PCP (15,000 g/kg), total petroleum hydrocarbons (TPH; 1,900 mg/kg,
8,900 mg/kg, and 17,000 mg/kg for gasoline range, diesel range, and heavy oil range,
respectively) and lead (2,880 parts per million [ppm]). Cleanup Area A is presented on
Figure 4.1. The total acreage of Cleanup Area A is approximately 0.7 acre, comprising
two different locations:
The Central Source Area, which is the location of the historical barrel-washing
drum cleanout pond.
The Eastern Source Area along the eastern property line in the vicinity of
Monitoring Wells MW-4 and MW-5.
The soil in Cleanup Area A is contaminated from the ground surface to a maximum
depth of approximately 15 to 20 feet bgs from past releases associated with historical
barrel-washing operations, auto-wrecking operations, and soil relocation during
apartment construction and site grading. Cleanup Area A also encompasses the area
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with currently contaminated groundwater. Groundwater in Area A is expected be in
compliance with cleanup levels within 5 years of removing the source of contaminants
to groundwater. Maximum concentrations of COCs in groundwater samples collected
between 2010 and 2011 include: arsenic (14.2 micrograms per liter [g/L]), cPAHs
(0.028 g/L), PCP (1.4 g/L), and dioxins/furans (38.3 g/L).
4.1.2 Cleanup Area B
Cleanup Area B includes all locations within the LL Apartments Parcel where the
maximum detected dioxins/furans TEQ concentration in soil at any depth is between
100 pg/g and 1,000 pg/g. Cleanup Area B is adjacent to the source areas within
Cleanup Area A. Substantial site regrading activities during construction of the
apartment complex in the mid-1980s are likely responsible for the widespread presence
of dioxins/furans across the shallow surface soil at the LL Apartments Parcel. Based on
existing data, Cleanup Areas A and B (in combination) are believed to contain all soil on
the LL Apartments Parcel where dioxins/furans TEQ concentrations are greater than
100 pg/g. Cleanup Area B is presented on Figure 4.1. The total acreage of Cleanup
Area B is approximately 2.2 acres and consists of the following locations:
The west-central portion of the LL Apartments Parcel. This location
encompasses dioxins/furans contamination observed in surface soils (0 to
0.5 feet bgs) from Boring PSB-04 at a concentration of 194 pg/g TEQ.
The Western Source Area near the LL Apartments Parcel property boundary
with the former Seattle City Light Property. This area encompasses
dioxins/furans contamination observed in soil from 0 to 2 feet bgs at
concentrations ranging from 56 pg/g to 702 pg/g TEQ. This area also contains
cPAH contamination observed from 2 to 4 feet bgs at a maximum
concentration of 160 g/kg.
A zone between and north of the Central Source Area and the Eastern
Source Area. This area encompasses dioxins/furans contamination observed
in soil from 0 to 2 feet bgs at concentrations ranging from 132 pg/g to 187
pg/g TEQ.
A zone along the southeastern property line, primarily east of the Eastern
Source Area. Much of this area is outside the property fence, along
Des Moines Memorial Drive at the foot of the topographic slope. This area
encompasses dioxins/furans contamination observed in surface soils (0 to
0.5 feet bgs) with concentrations ranging from 107 pg/g to 209 pg/g TEQ.
4.1.3 Cleanup Area C
Cleanup Area C includes all locations within the LL Apartments Parcel property
boundary where the maximum detected dioxins/furans TEQ concentration at any depth
is between 11 pg/g and 100 pg/g. In the limited areas where data indicate dioxins/furans
TEQ concentrations are present outside the property boundary, the dioxins/furans
concentrations are within the range of typical urban background (refer to Appendix M
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and Figure 4.9 of the RI/FS for more information) and cannot be attributed to the
industrial operations on the LL Apartments Parcel. Cleanup Area C is presented on
Figure 4.1. The total acreage of Cleanup Area C is approximately 3.3 acres and
consists of the following locations:
In the western portion of the property dioxins/furans contamination was
detected in soil between 0 and 2 feet bgs, at concentrations ranging from 11.5
pg/g to 33.8 pg/g TEQ.
In the northeast corner of the property exceedances of the cleanup level are
present in shallow soil (0 to 2 feet bgs) at concentrations ranging from
16.6 pg/g to 26.2 pg/g TEQ.
The central portion of the property between Cleanup Areas A and B, directly
south of the Central and Eastern Source Areas, at concentrations ranging
from 11.6 pg/g to 57 pg/g TEQ detected in surface soil between 0 and
0.5 feet bgs.
4.2 LORA LAKE PARCEL CLEANUP AREAS
This section identifies Cleanup Areas for the LL Parcel. The application of technologies
to the LL Parcel is based primarily on the nature and extent of the contamination, its
physical location, and institutional considerations. The LL Parcel includes both soil- and
sediment-contaminated zones, and zone-specific remedies. The LL Parcel has been
divided into two Cleanup Areas, illustrated on Figure 4.2: the LL Parcel Shallow Soil
Cleanup Area and the LL Parcel Sediment Cleanup Area. The extents of the Cleanup
Areas are defined by soil cleanup levels based on protection of terrestrial ecological
receptors for the LL Parcel Shallow Soil Cleanup Area, and sediment cleanup actions
based on protection of surface water via sediment leaching for the LL Parcel Sediment
Cleanup Area (refer to Section 3.0). The LL Parcel Shallow Soil Cleanup Area and the
LL Parcel Sediment Cleanup Area are described below.
4.2.1 Shallow Soil Cleanup Area
Shallow soil at the LL Parcel is contaminated with dioxins/furans at concentrations
greater than the natural background-based cleanup level of 5.2 pg/g TEQ for protection
of ecological receptors. Soil contamination exists along the western property boundary
at depths ranging from 0 to 5 feet bgs. The Cleanup Area extent identified in the RI/FS
has been refined based on additional data collected in February 2013 (Floyd|Snider
2013b). Figure 4.2 presents the revised Shallow Soil Cleanup Area. The additional data
confirmed dioxins/furans concentrations in shallow soils do not extend past the STIA
security fencing to the north and do not extend as far to the east as was conservatively
estimated in the RI/FS. Soil concentrations from the additional 2013 sample locations
ranged from 0.177 pg/g dioxins/furans TEQ to 6.12 pg/g dioxins/furans TEQ. The
updated Cleanup Area is approximately 55 feet wide, including the paved sidewalk that
runs between Des Moines Memorial Drive and the LL Parcel security fencing, and is
approximately 0.4 acre.
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The LL Parcel Shallow Soil Cleanup Area is within area covered by the NRMP. Its
current and future use will be as a habitat mitigation area.
4.2.2 Sediment Cleanup Area
The LL Parcel Sediment Cleanup Area encompasses sediments within the lake and
extending to the lake shoreline. Dioxins/furans are present at concentrations ranging
from 7.55 pg/g to 217 pg/g TEQ in sediments. All Lora Lake sediments are
encompassed by the LL Parcel Sediment Cleanup Area.
The lake surface is approximately 3 acres. The sediment cleanup area is shown on
Figure 4.2.
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5.0 Selected Remedy
The RI/FS evaluated five cleanup alternatives for the LL Apartments Parcel and four
cleanup alternatives for the LL Parcel.
The DMCA is within the City of SeaTac's Aviation Operations zone. The area of the
DMCA qualifies as an industrial area pursuant to WAC 173-340-745(1). Soil COCs do
not exceed industrial direct contact cleanup levels within the DMCA and are not
impacting groundwater. The DMCA qualifies for an exclusion from a TEE because
future use will include an engineered surface that is a barrier to wildlife. An institutional
control will be placed on the DMCA to keep it in industrial use and maintain a barrier to
wildlife.
The cleanup remedies for the Site were selected in accordance with and comply with
the requirements of WAC 173-340-360, Selection of Cleanup Actions.
5.1 LORA LAKE APARTMENTS PARCEL
The cleanup alternatives considered in the RI/FS for the LL Apartments Parcel are
summarized in Table 5.1. The alternatives use varying degrees of excavation and offsite
disposal of contaminated soil and containment of remaining contaminated soil.
Groundwater cleanup alternatives range from monitoring and management to source
removal. All but Alternative 5 require environmental covenants. All alternatives include
drain system improvements to prevent entry of contaminated groundwater or soil. Costs
for LL Apartments Parcel alternatives range from $4.7 million to $9.2 million.
Ecology's selected remedy for the LL Apartments Parcel is Alternative 3. Alternative 3
provides for excavation and off-site disposal of soil containing dioxins/furans TEQ
concentrations greater than 100 pg/g. Soil with concentrations less than 100 pg/g will be
capped with a barrier to wildlife. A barrier to wildlife will be a sufficient barrier to
unintentional human intrusion, as required if the Port opts to contain soil with
dioxins/furans TEQ concentrations on the LL Apartments Parcel.
The Port has indicated they may prefer to consolidate soil with dioxins/furans TEQ
concentrations equal to or less than 100 pg/g within the DMCA to facilitate development
of the LL Apartments Parcel. This is Alternative 4. The Port may opt to implement
LL Apartments Parcel Alternative 4 if it so chooses. Consolidating soil with
dioxins/furans TEQ concentrations equal to or less than 100 pg/g at the DMCA better
meets Ecology's expectation to consolidate contaminated soil to the maximum extent
practicable (WAC 173-340-370(5)); however, the increased cost offsets the
environmental benefit. Where benefits are equal, Ecology is required to select the less
costly alternative (WAC 173-340-360(3)(e)(ii)(C)).
The RI/FS provides a detailed discussion of the remedy selection process (refer to
Sections 12.0 and 13.0). The primary reasons for selecting Alternative 3 are as follows:
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Alternatives 1 and 2 leave substantial amounts of contamination on-site to
be managed with institutional controls. Institutional controls do not have the
same long-term effectiveness as other cleanup actions, such as excavation
and removal. Moreover, the cost of excavation and removal of additional soil
with dioxins/furans TEQ concentrations greater than the 100 pg/g
concentration is proportionate to the incremental environmental benefit
gained from removing this high-concentration material from the Site. Because
Alternatives 1 and 2 leave soil with higher contaminant concentrations on-site
more than the other alternatives, there is greater uncertainty as to whether
the source removal will be protective of groundwater throughout the Site.
Alternatives 1 and 2 also would result in a higher risk to human health if a cap
over the higher concentration soil were to be penetrated.
Alternative 4 requires excavation and on-site consolidation at the DMCA of
an additional 30,000 cubic yards of soil compared to Alternative 3, with an
accompanying import of clean backfill and transport of the excavated soil to
the nearby DMCA. The Port has indicated to Ecology that they may prefer this
more expensive cleanup alternative for business reasons. The Port may
implement Alternative 4 instead of Alternative 3 at its option.
Alternative 5 requires excavation and off-site disposal of an additional
30,000 cubic yards of soil compared to Alternative 3, also with accompanying
import of clean backfill and transport of the excavated soil to a distant
properly permitted facility. The additional soil has dioxins/furans
concentrations between 11 and 100 pg/g. This concentration range is within
the range that may be encountered in the urban Seattle area (Ecology 2011).
Capping and institutional controls are more suitable for addressing this high
volume of soil with relatively low dioxins/furans TEQ concentrations.
Alternative 3 has been chosen as the action that best balances the
protection of human health and the environment with the cost of cleanup.
Removing soil with dioxins/furans concentrations exceeding 100 pg/g is
expected to remove the source of groundwater contamination. This will be
verified by groundwater monitoring. The primary considerations in choosing
Alternative 3 include the following:
o Figure 5.1 shows the alternative cost versus the percent of dioxins/furans
mass in the soil removed. The figure shows that soil excavation is cost
effective in removing dioxins/furans mass at concentrations greater than
100 pg/g. When the soil dioxins/furans concentrations become less than
100 pg/g the amount of soil to be removed, and hence the cost, to further
reduce soil dioxins/furans TEQ concentrations by excavation and off-site
disposal increases rapidly as the mass of dioxins/furans in a cubic yard of
soil is much less at concentrations less than 100 pg/g than concentrations
greater than 100 pg/g. The regulation requires that cleanups be
permanent to the maximum extent practicable and that where incremental
costs substantially exceed incremental benefits, a lower cost alternative
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will be chosen (WAC 173-340-360(2)(b)(i) and (3)(e)(i)) Figure 5.1 shows
the increased cost of excavation and off-site disposal rises
disproportionally to the increased environmental benefit of excavation of
large volumes of soil with lower concentrations of dioxins/furans. Capping
of soil with dioxins/furans TEQ concentrations less than 100 pg/g will
achieve protection human health and the environment more cost
effectively than excavation.
o The soil to be capped on the LL Apartments Parcel (or consolidated within
the DMCA and capped, if the Port chooses that option) has dioxins/furans
TEQ concentrations within the range found within urban areas of Seattle
(refer to Figure 5.2). Alternative 3 recognizes Ecology's expectation of the
need to use engineering controls, such as containment, for sites or
portions of sites that contain large volumes of materials with relatively low
levels of hazardous substances where treatment is impracticable
(WAC 173-340-370(3)).
5.2 LORA LAKE PARCEL
The cleanup alternatives considered in the RI/FS for the LL Parcel are summarized in
Table 5.2. Alternatives for Lora Lake include controlling sediment and fish movement
from the lake to Miller Creek, thin capping, filling the lake to restore the wetland that
existed prior to peat mining, and dredging and off-site disposal of contaminated
sediment. Alternatives for the Lora Lake Shallow Soil Cleanup Area include controlling
risk with institutional controls, capping, and excavation and off-site disposal. Alternatives
1, 2, and 3 include environmental covenants to maintain restoration and keep the land
in its current use. Costs for LL Parcel alternatives range from $0.4 million to $7.3 million.
Ecology's selected remedy for the LL Parcel is Alternative 3 for the lake and Alternative
1 for the shallow soil.
Alternative 3 for the lake portion of the parcel provides for restoring the lake to a flowthrough
depressional wetland system, similar to the one that existed before peat mining.
Contaminated sediment will be contained in place using a thick sand cap that will be
designed to immobilize dioxins/furans in the sediment. This will prevent leaching of
dioxins/furans to surface water. The restoration design will preserve or improve the flowthrough
characteristics and flood desynchronization functions of the current Lora Lake
system.
Alternative 1 for the soil portion of the parcel provides for institutional controls for
maintaining the impacted soil area as a habitat mitigation area under the management
requirements of the NRMP.
The RI/FS provides a detailed discussion of the remedy selection process (refer to
Sections 12.0 and 13.0). The primary reasons for selecting Alternative 3 for the lake and
Alternative 1 for the soil are as follows:
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With regard to the lake:
Alternative 1 will not prevent interchange of water between Lora Lake and
Miller Creek; hence, it is not sufficiently protective if dioxins/furans leach from
sediment to the lake water.
Alternative 2 proposes a thin (1.5 foot) sand cap. A thin cap with sufficient
carbon content would be effective at immobilizing the dioxins/furans in the
sediment. However, a thin cap is more easily disturbed; therefore, its longterm
effectiveness is less certain than a thick cap. In addition, a thin cap
would further shallow this already shallow lake. Lora Lake is currently a
source of low-oxygen, high-temperature water to Miller Creek in the summer.
A shallow cap would exacerbate this condition. Ecology expects that cleanup
actions conducted under this chapter will not result in a substantially greater
overall threat to human health and the environment than other alternatives
(WAC 173-340-370(8)). Alternative 2 could result in a greater environmental
damage to Miller Creek than the environmental benefit achieved.
Alternative 4 presents short-term risks of spreading contamination on the land
or having it enter the water during dredging of the lake. In addition, it is
substantially more expensive than Alternative 3 and would not achieve
substantially greater environmental protection than immobilizing the
dioxins/furans by placing a thick cap over the contaminated sediments and
restoring the lake to approximate conditions that exitsted prior to the creation
of the lake by peat mining in the 1940s.
Alternative 3 will provide a thick soil cap that will be designed to immobilize
dioxins/furans in the sediment in place. This will prevent leaching of
dioxins/furans to surface water. Ecology recognizes immobilization as having
long-term effectiveness (WAC 173-340-360(3)(f)(iv)). This has the added
benefit of eliminating a source of low-oxygen, high-temperature water to Miller
Creek in the summer.4
With regard to the soil:
The soil is located within a special purpose wetland landscape and habitat
mitigation area. The plant communities were planted in 2005 and 2006.
Necessary infill planting to keep density numbers high has been completed
intermittently since then, with the last planting effort completed in 2010.
4
As part of the Port's mitigation for Master Plan Update improvement impacts, a portion of Miller Creek was
relocated. The relocated section of Miller Creek was designed to provide a salmonid spawning habitat; however, the
relocation resulted in areas of standing water and limited flow velocity. The Port implemented corrective actions to
limit areas of standing water and improve stream flow. In addition to standing water and limited flow, assessments
of the original relocation reach identified stream temperatures greater than, and dissolved oxygen levels less than,
the water quality standards. These deficiencies during the summer months were partially attributed to upstream
influences, including discharges from Lora Lake. To further improve water quality in Miller Creek, the resource
agencies have recommended that surface flows from Lora Lake entering Miller Creek be prevented during late
spring, summer, and early fall.
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Currently, the area of concern is mature enough to meet its desired goals.
The buffer has grown to provide a dense break between the nearby road and
the adjacent wetland and lake. Grading and floodplain connection have been
completed. The wetland vegetation has undergone minor corrective actions
that have allowed the area to reach cover and density performance levels that
either meet, or are rapidly approaching, the final performance standards for
the area. The Port continues the management of the plant coverage and
diversity that exists within the potential extent of soil excavation to support the
targeted ecological functions.
Excavation of the shallow soil would destroy established high-value mitigation
plantings.
Soil dioxins/furans TEQ concentrations within the affected area are within the
range of urban background soils found within urban areas of Seattle (Ecology
2011; refer to Figure 5.2).
Ecology expects that cleanup actions conducted under this chapter will not
result in a substantially greater overall threat to human health and the
environment than other alternatives (WAC 173-340-370(8)).
Capping or soil removal is not proposed in the affected area because those
actions will cause more ecological harm (i.e., would destroy plant
communities established as part of the NRMP area) than the threat posed by
exisiting site contamination. Remaining contamination concentrations are low,
within the range of urban background dioxins/furans TEQ concentrations.
Under MTCA, the environmental risk of the cleanup action may be considered
as part of a disproportionate cost analysis to determine whether a cleanup
action is permanent, to the maximum extent practicable. Washington's State
Environmental Policy Act (SEPA) provides Ecology with substantive authority,
subject to certain provisions, to modify a cleanup action to mitigate adverse
environmental impacts. Ecology has determined that either capping or
excavating would result in a significantly greater overall threat to human
health and the environment than placing institutional controls. Institutional
controls will be developed and implemented, including access warning signs,
monitoring, and an environmental covenant to maintain the area as a habitat
mitigation area to ensure that the remedy remains protective. The
environmental covenant will be placed to ensure the area of soil with
dioxins/furans TEQ concentrations exceeding the TEE cleaup level of
5.2 pg/g is known. If monitoring shows a risk to human health or the
environment, additional actions may be required.
5.3 1982 DREDGED MATERIAL CONTAINMENT AREA
As noted above, Ecology's selected remedy for the DMCA is placing institutional
controls on the area. Institutional controls are required when soil cleanup levels are
based on industrial land use. As the future land use will have a barrier to wildlife, the
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DMCA also qualifies from an exclusion from a TEE. This exclusion also requires an
institutional control.
The Port plans to make land use improvements at the DMCA to allow for its future use
as a temporary construction laydown or as equipment storage. The improvements will
consist of surface improvements (e.g., placement of a compacted gravel or engineered
surface) that will prevent plant and wildlife exposure pathways.
Institutional controls will be placed on the DMCA to require that it remains an industrial
use area and to ensure a barrier to wildlife is maintained in the future.
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6.0 Selected Remedy Implementation
6.1 LORA LAKE APARTMENTS PARCEL
6.1.1 Soil
The Port will excavate all contaminated soil with dioxins/furans TEQ concentrations
greater than 100 pg/g (about 19,000 cubic yards) for off-site disposal at a properly
permitted facility. The remaining contaminated soil, containing dioxins/furans TEQ
concentrations between 11 pg/g and 100 pg/g (about 30,000 cubic yards) will either be
contained beneath a barrier wildlife within the LL Apartments Parcel or, at the Port's
option, transported to the DMCA and contained beneath an engineered surface that is a
barrier to wildlife.
Excavations will be backfilled to final grade with clean imported soil or with soil with
dioxins/furans TEQ concentrations less than 100 pg/g from within the LL Apartments
Parcel boundary.
A barrier to wildlife will be established within 4 years of the completion of excavation
and backfilling. This allows the Port 4 years to identify the commercial use of the
property and integrate the barrier to wildlife with property development. The barrier
design requires Ecology approval. Excavation will be considered complete when
excavation has extended to the pre-determined and approved survey coordinates based
on the results of compliance monitoring conducted prior to excavation. Backfilling will be
considered complete when excavations have been backfilled and compacted to within 4
feet of the existing ground surface and side slopes have been graded to stable slopes
no steeper than 2H:1V.
After excavation and backfilling have been completed stormwater and erosion control
measures will be implemented and maintained. The measures will control dust
generation as well.
Any existing groundwater monitoring wells within the limits of excavations and deeper
than anticipated excavation depths must be abandoned in accordance with regulations
prior to the start of excavation.
6.1.2 Groundwater
The excavation of Cleanup Area A is expected to remove the contaminant mass above,
and in contact with, groundwater in Cleanup Area A, which may contribute to the
elevated dioxins/furans concentrations in groundwater at Monitoring Well MW-1.
Following removal of this saturated soil source, confirmation groundwater sampling will
be conducted until groundwater concentrations are in compliance with cleanup levels. It
is anticipated that groundwater will be in compliance with cleanup levels within 5 years
from completion of excavation and backfilling. Until groundwater concentrations are less
than cleanup levels, institutional controls will be required to prevent groundwater
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withdrawal. Groundwater encountered during excavation and removed from the
subsurface for excavation dewatering will be collected for off-site disposal at a properly
permitted facility. Dewatering methods will be determined by the Co ntractor and
approved by the Port prior to implementation.
The final monitoring well network will be determined in the Compliance Monitoring Plan
(refer to Section 6.5). New wells may be required at location s where wells were
abandoned as part of cleanup construction.
6.1.3 Stormwater Conveyance System Improvements
The existing stormwater conveyance system will be relocated to the northern part of the
LL Apartments Parcel. The storm drain will be above the water table and will be
constructed to minimize the potential for leakage. The storm drain trench will be lined
with a geofabric and backfilled with clean backfill.
The stormwater conveyance system design will be included in the Engineering Design
Report (refer to Section 6.5). The design will preserve, or improve, the flow-through
characteristics and flood desynchronization functions of the current Lora Lake system.
6.1.4 Environmental Covenants
Environmental covenants will be placed on the LL Apartments Parcel to implement
institutional controls. The covenants will require institutional controls to maintain the
barrier to wildlife, to prevent groundwater withdrawal during the restoration time frame it
will take for the groundwater to achieve compliance after cleanup construction is
complete (estimated to be 5 years), and to require that the area remains in commercial
use.
The environmental covenant shall describe the nature and extent of contamination
remaining on-site after completion of cleanup construction.
Two draft environmental covenants will be submitted to Ecology for review and approval
with the draft As-built Reports for the work (Refer to Section 6.5.3). One covenant will
be for maintenance of long-term institutional controls for the barrier to wildlife and to
keep the area in commercial use. The other will prevent groundwater withdrawal. It is
anticipated that this covenant will be removed once compliance monitoring indicates
groundwater meets cleanup standards.
A separate environmental covenant may be needed for the former Seattle City Light
Property (now owned by the Port).
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6.2 LORA LAKE PARCEL
6.2.1 Soil
The remedial action for the LL Parcel-impacted soil is the recording of an environmental
covenant with appropriate institutional controls. The institutional controls are described
in Section 6.2.3.
6.2.2 Sediment
Lora Lake sediments will be isolated through open-water filling of Lora Lake to
rehabilitate the area to wetland conditions similar to those before peat mining created
the lake. C lean fill that contains sufficient organic carbon to immobilize the
dioxins/furans within the Lora Lake sediments will be placed in Lora Lake. This will
eliminate the potential for aquatic exposure or transport of dioxins/furans-contaminated
sediments. The fill material will provide a physical and chemical barrier between the
contaminated sediments and water flowing into Miller Creek, addressing the human
exposure pathways.
The filling of Lora Lake will consist of placing sand in the lake to an elevation that
converts all of the open-water area to a depressional wetland system. The lake will be
filled over its entire footprint to depths between approximately 2 and 13 feet, based on
existing bathymetry.
The rehabilitated wetland will be capable of supporting emergent and woody vegetation
and will create aquatic habitat that is consistent with the goals of the NRMP. This
wetland rehabilitation is considered a preferred form of compensatory mitigation for
ecological impacts (Ecology et al. 2006) and, of all the remedial alternatives evaluated,
will provide the maximum ecological benefit to the Miller Creek Basin (as described in
detail in RI/FS Section 20.0).
The rehabilitated wetland will be designed to preserve or improve the flow-through
characteristics and flood desynchronization functions of the current Lora Lake system.
6.2.3 Environmental Covenants
Environmental covenants will be placed on the the LL Parcel Shallow Soil and Sediment
Cleanup Areas to implement necessary institutional controls.
The environmental covenants will require the Port to continue to manage the area, as
required by recorded restrictive covenants already in place as part of the NRMP. This
will ensure that Ecology must agree to removing or changing these restrictive covenants
with regard to this area. A metes and bounds survey will be completed by the Port
defining the areas of the Site where environmental covenants will be placed. The metes
and bounds survey will be included in the environmental convenants.
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An environmental covenant will be placed on the LL Parcel sediment area. It will require
the rehabilitated wetland to continue to be managed, as required by recorded restrictive
covenants already in place as part of the NRMP. This will ensure that Ecology must
agree to removing or changing these restrictive covenants with regard to this area.
The environmental covenant will describe the nature and extent of contamination
remaining on-site after completion of cleanup construction.
A draft environmental covenant for the impacted soil area and a draft environmental
covenant for the sediment area will be submitted to Ecology for review and approval
with the As-built Reports for the LL Parcel work (refer to Section 6.5.3).
6.3 1982 DREDGED MATERIAL CONTAINMENT AREA
An environmental covenant will be placed on the DMCA to implement institutional
controls. The institutional controls will require that surface improvements provide a
barrier to wildlife and that the area remain in industrial use. The design of the surface
improvements will be included in the Engineering Design Report (refer to Section 6.5). If
soil from the LL Apartments Parcel with dioxins/furans TEQ concentrations less that
100 pg/g is consolidated within the DMCA, the environmental covenant shall describe
the nature, volume, and location of that soil.
A draft environmental covenant will be submitted to Ecology for review and approval
with the As-built Reports for the work (refer to Section 6.5.3).
6.4 ENVIRONMENTAL ANALYSIS OF REMEDY IMPLEMENTATION
SEPA, Chapter 43.21C RCW is a State of Washington law that is intended to ensure
that project proponents consider the effects of the project on the natural and human
environment prior to taking action. SEPA compliance is required for any state or local
agency action. Per the SEPA process, a SEPA checklist to evaluate possible effects of
the project on the environment has been completed for submittal to Ecology and is
presented in Appendix A.
The SEPA checklist provides a summary of the project description or remedial actions;
describes the site, environmental, and ecological conditions; site and adjacent land
uses; and describes the proposed measures to reduce or control erosion, to reduce or
control air emissions of construction equipment, and measures used during construction
to ensure that remedial actions do not adversely impact downgradient water quality.
Ecology review of the SEPA checklist and information presented in the RI/FS and in this
Cleanup Action Plan indicates a Mitigated Determination of Nonsignificance is
warranted for this site. The mitigation required is to minimize disturbance of plants on
the Lora Lake Parcel to the degree possible. This will be done by placing an
environmental covenant on the Lora Lake Shallow Soil Cleanup Area as described in
Section 6.2.3 rather than excavating the soil. This will prevent destruction of the plants
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in that area. The average dioxins/furans concentration in the soil is 8.2 pg/g. This is
slightly elevated over the TEE dioxins/furans natural background concentration of
5.2 pg/g. However, destruction of the plants by excavating soil with these low
dioxins/furans concentrations would cause a greater damage to the environment than
results from the slight excess risk posed to wildlife by leaving the soil in place.
6.5 REQUIRED FOLLOW-ON DOCUMENTATION
6.5.1 Financial Assurances
The Port will provide Ecology with a cost estimate for implementation of the Consent
Decree and will provide proof of financial assurances that the Port has sufficient
financial resources available and in place of the sufficient amount to cover all costs
associated with the operation and maintenance of the cleanup action, including
institutional controls, compliance monitoring, and corrective measures (refer to
WAC 173-340-440(11)).
6.5.2 Plans Describing the Cleanup Action
Plans describing Ecology's selected remedy will be prepared as required by WAC 173-
340-400(4). The plans to be prepared are an Engineering Design Report, Construction
Plans and Specifications, and an Operation and Maintenance Plan. These plans may be
prepared in phases as appropriate and as approved by Ecology.
Once approved by Ecology, these plans become integral and enforceable parts of this
Consent Decree.
The Operations and Maintenance Plan is to include an inspection schedule for the
barriers to wildlife, pre-approved means of repair, and pre-approved procedures for
removing the barrier for needed subsurface work and replacing it when the work is
done. It is also to include pre-approved designs for future work such as landscaping
units and subsurface infrastructure, such as storm drains and underground utilities that
may be installed subsequent to the completion of cleanup construction. Use of preapproved
procedures requires Ecology be notified 30 days in advance of work, and
submittal of As-built Reports at the completion of work. Work that does not follow preapproved
procedures requires prior approval from Ecology.
If future work is proposed that does not follow a pre-approved plan, Ecology should be
contacted as early as possible to discuss the work and the time frame for review and
approval.
The Operations and Maintenance Plan is to include a description of the minimum scope
of Periodic Reviews required for the Site, a template for the Periodic Review report, and
a description of the Port submittal of a 5-year report of post-cleanup site conditions and
monitoring data. All work performed during the 5-year review period must be
summarized in the Periodic Review for that period.
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6.5.3 Permits, Approvals, and Substantive Requirements
Permits and approvals and any substantive requirements for exempted permits, if
required for construction or to otherwise implement the cleanup action, shall be
identified and, where possible, be resolved before or during the design phase to avoid
delays during construction and implementation of the cleanup action (WAC 173-340-
400(5)).
The permits, approvals, and substantive requirements that are known at this time to
apply to the selected cleanup action are listed in Exhibit D of this Consent Decree.
Ecology and the Port have a continuing obligation to determine whether additional
permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required
for the remedial action under the Consent Decree. In the event that either Ecology or
the Port determines that additional permits or approvals are required for the remedial
action, they shall promptly notify the other party of the determination. The substantive
requirements and necessary permits will be identified and included in the Engineering
Design Report or obtained by the cleanup construction contractor prior to the beginning
of any work that requires them.
Once approved by Ecology, these requirements become integral and enforceable parts
of this Consent Decree.
6.5.4 Construction Documentation
Construction documentation will be prepared as required by WAC 173-340-400(6).
Project As-built Reports will be prepared, meeting the requirements of WAC 173-340-
400(6)(ii). As-built Reports may be prepared in phases, as approved by Ecology.
A draft environmental covenant for the area in which work was conducted will be
submitted for Ecology review and approval with the As-built Reports.
6.5.5 Compliance Monitoring Plan
A Compliance Monitoring Plan will be prepared as required by WAC 173-340-410. The
Compliance Monitoring Plan shall include contingency actions to be taken if monitoring
indicates cleanup standards have not been attained.
Once approved by Ecology, the Compliance Monitoring Plan becomes an integral and
enforceable part of this Consent Decree.
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7.0 Schedule
7.1 IMPLEMENTATION SCHEDULE
The schedule for major deliverables and work tasks associated with remedial actions at
the Site is included as Exhibit C to this Consent Decree. The schedule provides
anticipated submittal dates or task durations for deliverables and actions associated
with site cleanup, including monthly progress reports, financial assurances, remedial
design and engineering documents, and As-built Reports. Refer to Exhibit C for details
on project deliverables and schedule.
In addition to the tasks detailed in the project schedule in Exhibit C, the following
schedule requirements apply to work at the Site:
All analytical data collected at the Site must be submitted to Ecology's
Environmental Information Management (EIM) System within 30 days of
receipt of validated data.
Health and Safety Plans for all on-site activities must be developed prior to
mobilization to the field. Ecology may request review of health and safety
documents.
7.2 CONSTRUCTION PHASING AND SEQUENCING
Remedy implementation at the Site may be conducted as a single project or as phased
construction, dependant on Port development decisions and schedule. Any phasing will
be conducted within the schedule presented in Exhibit C of this Consent Decree. Any
projects planned for completion within the LL Apartments Site will require coordination
and approval from Ecology prior to implementation.
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8.0 References
AECOM, Inc. (AECOM). 2009. Summary Report 2008 Investigations and Data Gap
Evaluation Lora Lake Apartments. Document No.: 054820256000. Prepared for
Port of Seattle, Seattle, Washington. September.
Aspect Consulting. 2010. Geology/Hydrogeology Technical Memorandum-Lora Lake
Apartment Parcel Remedial Investigation/FS Work Plan Addendum. July.
Aspect Consulting and S.S. Papadopulos. 2008. Seattle-Tacoma International Airport:
Phase I Groundwater Study Report. Prepared for Port of Seattle. July.
Avocet Consulting. 2010. Development of Benthic SQVs for Freshwater Sediments in
Washington, Oregon, and Idaho. Prepared for Washington State Department of
Ecology and Oregon Department of Environmental Quality. June.
Dredged Material Management Program (DMMP). 2009. OSV Bold Summer 2008
Survey Data Report. Prepared by the Dredged Material Management Program.
25 June.
Federal Aviation Administration (FAA). 2008. Advisory Circular, Airport Design.
150/5300-13. 19 June.
Floyd|Snider. 2013a. Lora Lake Apartments Site Remedial Investigation/Feasibility
Study. Prepared for Port of Seattle. 11 January.
Floyd|Snider. 2013b. Lora Lake Parcel Soil Sampling Results. Memorandum to
David South, Washington State Department of Ecology. July XX, 2013.
Golder Associates (Golder). 1987. Lora Lakes Apartment Development Site
Investigation and Clean-Up. Prepared for The Mueller Group. 30 June.
NewFields. 2012. Draft Final Preliminary Cleanup Goals for Sediment in Port Angeles
Harbor, Port Angeles, Washington. 6 July.
Parametrix, Inc. (Parametrix). 2001. Natural Resource Mitigation Plan Seattle-Tacoma
International Airport Master Plan Update Improvements. Prepared for the Port of
Seattle. November.
Pinnacle GeoSciences. 2009. Summary Report, Phase II Studies Parcel 30R Former
Sunnydale Substation. 4 August.
Port of Seattle. 2005. Seattle-Tacoma International Airport-Wildlife Hazard Mitigation
and Conservation Plan.
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. 2011. 2010 Wetland Mitigation Monitoring Report, Port of Seattle MPU Natural
Resource Mitigation. Prepared by Port of Seattle, Aviation Division, Seattle,
Washington. April.
Regional Sediment Evaluation Team (RSET). 2009. Sediment Evaluation Framework
for the Pacific Northwest.
U.S. Department of Transportation (USDOT) FAA. 1989. Airport Design Advisory
Circular.
Washington State Department of Ecology (Ecology). 2007. Model Toxics Control Act
Chapter 70.105D RCW. Publication No. 94-06. Revised November.
. 2009. Agreed Order No. DE-6703 issued to the Port of Seattle.
. 2010. Department of Ecology Technical Memorandum #8 re: "Natural
Background for dioxins/furans in WA soils." 28 April.
. 2011. Urban Seattle Area Soil Dioxin and PAH Concentrations Initial Summary
Report. Publication No. 11-09-049. September.
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle
District, and U.S. Environmental Protection Agency Region 10 (Ecology et al.).
2006. Wetland Mitigation in Washington State Part 1: Agency Policies and
Guidance (Version 1). Washington State Department of Ecology Publication
#06-06-011a. Olympia, Washington.
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Page 8-2
Lora Lake Apartments Site
Draft Cleanup Action Plan
Tables
Lora Lake Apartments Site
Table 3.1
Soil, Groundwater, and Sediment Cleanup Levels
Cleanup Level Remediation Cleanup/Remediation
Contaminant of Concern Pathway Cleanup Level Source/Reference1 Value Level Unit Level Applies
Metals
Arsenic Human healthdirect contact and protection of MTCA Method AUnrestricted Land Use 20 NA mg/kg Lora Lake Apartments
groundwater, adjusted for natural background for soil Parcel and Lora Lake
Human healthdirect contact (ingestion only) MTCA Method CStandard, CarcinogenIndustrial 88 NA mg/kg DMCA
Land Use
Lead Terrestrial Plants and Animals MTCA Ecological Indicator Soil Concentrations 50 NA mg/kg Lora Lake Parcel
Human healthdirect contact, prevention of MTCA Method AUnrestricted Land Use 250 NA mg/kg Lora Lake Apartments
unacceptable blood lead levels Parcel
Human healthdirect contact (ingestion only) MTCA Method A Industrial Land Use 1,000 NA mg/kg DMCA
Total Petroleum Hydrocarbons
Gasoline Range Hydrocarbons Human healthprotection of groundwater for non- MTCA Method AUnrestricted Land Use 100 2 NA mg/kg Site-wide
carcinogenic effects during drinking water use and
Protection of Terrestrial Plants and Animals
Sum of Diesel and Heavy Oil Prevention of accumulation of free product in MTCA Method AUnrestricted Land Use 2,000 NA mg/kg Lora Lake Apartments
Range Hydrocarbons groundwater Parcel and DMCA3
Terrestrial Plants and Animals MTCA Ecological Indicator Soil Concentrations 200 NA mg/kg Lora Lake Parcel
Semivolatile Organic Compounds
Pentachlorophenol Human healthdirect contact (ingestion only) MTCA Method BStandard, Carcinogen 2,500 NA g/kg Lora Lake Apartments
Parcel and Lora Lake
Parcel
MTCA Method CStandard, CarcinogenIndustrial 330,000 NA g/kg DMCA
Soil Land Use
cPAHs TEQ Human healthdirect contact (ingestion only) MTCA Method BStandard, Carcinogen 137 NA g/kg Lora Lake Apartments
Parcel and Lora Lake
Parcel
MTCA Method CStandard, CarcinogenIndustrial 18,000 NA g/kg DMCA
Land Use
Volatile Organic Compounds
Ethylbenzene Human healthdirect contact (ingestion only) MTCA Method BStandard, Non-carcinogen 8,000 NA mg/kg Lora Lake Apartments
Parcel and Lora Lake
Parcel
MTCA Method CStandard, CarcinogenIndustrial 350,000 NA mg/kg DMCA
Land Use
Toluene Human healthdirect contact (ingestion only) MTCA Method BStandard, Non-carcinogen 6,400 NA mg/kg Lora Lake Apartments
Parcel and Lora Lake
Parcel
MTCA Method CStandard, CarcinogenIndustrial 280,000 NA mg/kg DMCA
Land Use
Dioxins/Furans
Dioxins/Furans TEQ Human healthdirect contact (ingestion only) MTCA Method BStandard, Carcinogen 11 100 pg/g Lora Lake Apartments
Parcel
Human healthdirect contact (ingestion only) MTCA Method CStandard, CarcinogenIndustrial 1,500 NA pg/g DMCA
Land Use
Terrestrial Plants and Animals Natural Background for Dioxins/Furans in Washington Soils 5.2 NA pg/g Lora Lake Parcel
Technical Memorandum (Ecology 2010)4
Draft Cleanup Action Plan
Page 1 of 3 Table 3.1
Lora Lake Apartments Site
Table 3.1
Soil, Groundwater, and Sediment Cleanup Levels
Cleanup Level Remediation Cleanup/Remediation
Contaminant of Concern Pathway Cleanup Level Source/Reference1 Value Level Unit Level Applies
Metals
Arsenic Washington state background MTCA Method A 5 NA g/L Site-wide
Total Petroleum Hydrocarbons
Groundwater Gasoline Range Hydrocarbons Human healthprotection of groundwater for non- MTCA Method AUnrestricted Land Use 1,000 2 NA g/L Site-wide
Sum of Diesel and Heavy Oil carcinogenic effects during drinking water use MTCA Method AUnrestricted Land Use 500 NA g/L Site-wide
Semivolatile Organic Compounds
Pentachlorophenol Human healthdrinking water beneficial use State and Federal MCL 1 NA g/L Site-wide
cPAHs TEQ Human healthdrinking water beneficial use MTCA Method BAdjusted, Carcinogen5 0.12 NA g/L Site-wide
Dioxins/Furans
Dioxins/Furans TEQ Human healthdrinking water beneficial use MTCA Method BAdjusted, Carcinogen5 5.83 NA pg/L Site-wide
Metals SCO CSL
Arsenic Benthic aquatic organisms SMSFreshwater Criteria6 14 120 NA mg/kg Lora Lake8
Human healthconsumption of surface water and Sediment Natural Background. USEPA Ocean Survey Vessel Bold 11 NA mg/kg
organisms Survey for Puget Sound (Bold Survey; USEPA 2008) 7
Lead Benthic aquatic organisms SMSFreshwater Criteria6 360 >1,300 NA mg/kg Lora Lake8
Human healthconsumption of surface water and Equilibrium partitioning based calculation of sediment concentration 1,890 NA mg/kg
organisms protective of surface water9
Semivolatile Organic Compounds
Sediment Pentachlorophenol Benthic aquatic organisms SMSFreshwater Criteria6 1,200 >1,200 NA g/kg Lora Lake8
Human healthconsumption of surface water and Equilibrium partitioning based calculation of sediment concentration 151 NA g/kg
organisms protective of surface water9
cPAHs TEQ Benthic aquatic organisms SMSFreshwater Criteria6,10 17,000 30,000 NA g/kg Lora Lake8
Human healthconsumption of surface water and Equilibrium partitioning based calculation of sediment concentration 302 NA g/kg
organisms protective of surface water9
Dioxins/Furans
Dioxins/Furans TEQ Benthic aquatic organisms SMSBioassay11 PASS NA NA Lora Lake8
Human healthconsumption of surface water and Equilibrium partitioning based calculation of sediment concentration 5.0 NA pg/g Lora Lake8
organisms protective of surface water9
Abbreviations:
ARAR Applicable or Relevant and Appropriate Requirement NA Not available
COC Contaminant of concern PAH Polycyclic aromatic hydrocarbon
cPAH Carcinogenic polycyclic aromatic hydrocarbon pg/g Picograms per gram
CSL Cleanup Screening Level pg/L Picograms per liter
DMCA 1982 Dredged Material Containment Area RI/FS Remedial Investigation/Feasibility Study
Ecology Washington State Department of Ecology SCO Sediment Cleanup Objective
g/kg Micrograms per kilogram SMS Sediment Management Standards
g/L Micrograms per liter TEQ Toxic equivalency quotient
mg/kg Milligrams per kilogram USEPA U.S. Environmental Protection Agency
MTCA Model Toxics Control Act WAC Washington Administrative Code
Draft Cleanup Action Plan
Page 2 of 3 Table 3.1
Lora Lake Apartments Site
Table 3.1
Soil, Groundwater, and Sediment Cleanup Levels
Notes:
1 The most stringent applicable cleanup levels for the complete human health pathways are identified for the Lora Lake Apartments Site.
2 Gasoline range hydrocarbons cleanup levels for soil and groundwater are based on the higher cleanup level as testing indicated that benzene was not present.
3 The MTCA Method A Unrestricted Land Use cleanup level is applied to the DMCA because no MTCA Method C industrial cleanup level is available for use.
4 As presented in the Ecology 2010 technical memorandum, the Washington state natural background concentration of 5.2 pg/g TEQ is calculated as the lower of the 90th percentile and 4 50 percentile (per WAC 173-340-709). Refer to Appendix M of the Lora
Lake Apartments Site RI/FS for more details.
5 Adjusted dioxins/furans and cPAH groundwater cleanup levels were calculated using adjusted MTCA Method B per MTCA Equation 720-2 (with a risk level of 10 -5). Refer to RI/FS Section 6.2.2 for additional information.
6 The SMS rule was revised and adopted February 22, 2013, after completion of the Public Review Draft RI/FS report; and will be effective September 1, 2013, prior to finalization of the Cleanup Action Plan. Because the revised SMS rule was not promulgated at
the time of the Public Review Draft RI/FS document development, the Draft Freshwater Benthic Sediment Quality Value technical report prepared for Ecology (Avocet Consulting 2010) was used as an applicable cleanup regulation in the Public Review Draft
RI/FS. All sediment cleanup levels for site sediment COCs are consistent between the Draft Freshwater Benthic Sediment Quality Value technical report and the revised SMS rule. The SMS rule is now the applicable ARAR for sediment cleanup standards.
7 The equilibrium partitioning based sediment cleanup level was substantially less than the practical quantitation limit for arsenic of 5 mg/kg. Therefore, per MTCA, when a cleanup level is less than the practical quantitation limit, the cleanup level defaults to the
practical quantitation limit or the natural background concentration, whichever is greater. The Ocean Survey Vessel Bold Survey for Puget Sound (Bold Survey; DMMP 2009) provides the most extensive dataset available for sediment background contaminant
concentrations within Western Washington. MTCA defines soil background as the true upper 90th percentile or 4 times the true 50th percentile, whichever is lower. This approach was applied in the derivation of a sediment natural background concentration for
arsenic based on the Bold Survey data, consistent with Ecology's recently released natural background concentrations calculated for Port Angeles Harbor sediments (NewFields 2012).
8 Sediment Cleanup Levels are applicable to Lora Lake sediments. Surface sediment samples were collected from three locations in Miller Creek , upgradient and downgradient of the Lora Lake discharge culvert to Miller Creek. Results of the sediment sample
analysis showed that there is no difference in the chemical quality of surface sediments upgradient and downgradient of the Lora Lake discharge culvert; therefore, Miller Creek is not impacted by the Lora Lake sediment COCs. Miller Creek sediment quality
was further evaluated by bioassay testing and a sediment leaching evaluation. Refer to RI/FS Section 4.3.1, RI/FS Appendix P and Section 5.2.3.2 for additional information.
9 Sediment COC concentrations/cleanup levels protective of surface water ARARs for the protection of human health were calculated using equilibrium partitioning. Following the comparison of Lora Lake sediment results to the calculated cleanup levels, a
numerical cap modeling evaluation was conducted as part of the RI/FS to further assess the potential for sediment contaminants of concern in Lora Lake to leach from sediments to surface water at concentrations greater than those permitted by surface water
ARARs, in support of the evaluation and design of remedial alternatives. The numerical cap modeling evaluation resulted in the development and evaluation of remedial alternatives that immobilize COCs in-situ and isolates them from the environment (refer to
RI/FS Appendix P and RI/FS Section 5.2.3.2).
10 A total PAHs SCO and CSL is available but not for cPAH TEQ. The total PAHs SCO and CSL are applied in lieu of a cPAH SCO and CSL.
11 Bioassay testing found Lora Lake sediment quality is currently protective of benthic aquatic organisms (refer to RI/FS Section 4.3.1).
Draft Cleanup Action Plan
Page 3 of 3 Table 3.1
Lora Lake Apartments Site
Table 5.1
Cleanup Alternatives Considered for the Lora Lake Apartments Parcel
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5
$4.7 million $6.1 million $7.1 million $7.7 million $9.2 million
No excavation Excavation and off-site Excavation and off-site Excavation and off-site Excavation and off-site
disposal of soil disposal of soil disposal of soil > 100 pg/g disposal of soil > 11 pg/g
> 1,000 pg/g > 100 pg/g dioxins/furans. dioxins/furans
dioxins/furans dioxins/furans Consolidation of soil 11
100 pg/g dioxins/furans at
DMCA
Capping all Capping < 1,000 pg/g Capping < 100 pg/g Capping of consolidation Barrier to wildlife
dioxins/furans dioxins/furans area with soil < 100 pg/g
dioxins/furans
Groundwater Groundwater treatment by source removal; Groundwater monitoring Groundwater treatment
monitoring and by source removal
management
Environmental Covenants to restrict to commercial land use and require cap maintenance Environmental
Covenants for barrier to
wildlife
All alternatives include drain system improvements to prevent entry of contaminated groundwater or soil
Abbreviations:
pg/g picograms per gram
RPZ Runway Protection Zone
Page 1 of 1 Draft Cleanup Action Plan
Table 5.1
Lora Lake Apartments Site
Table 5.2
Cleanup Alternatives Considered for the Lora Lake Parcel
Alternative 1 Alternative 2 Alternative 3 Alternative 4
$0.4 million $3.3 million $4.3 million $7.3 million
LAKE Engineering controls 1.5-foot sand cap with 0.06% Fill the lake and restore to a Dredging and off-site disposal
to control sediment organic carbon content to flow-through depressional of contaminated sediment.
and fish movement contain contaminated sediment wetland system similar to
from Lora Lake to in place and provide a clean the one that existed before
Miller Creek. surface for benthic biota. peat mining. Contain
contaminated sediment in
place.
SOIL Control risk to workers Capping. Excavation and off-site Excavation and off-site
with institutional disposal. Excavation extent disposal.
controls. will consider resource
mitigation area harm.
Environmental Environmental Covenants to Environmental covenants to
Covenants to maintain maintain cap and keep in maintain restoration and
engineering controls current land use. keep in current land use.
and keep in current
land use.
Page 1 of 1 Draft Cleanup Action Plan
Table 5.2
Lora Lake Apartments Site
Draft Cleanup Action Plan
Figures
1,260,000 1,270,000 1,280,000
190,000 190,000 180,000 Puget 180,000
Sound
Lora Lake 1982 Dredged Material
Apartments Parcel Containment Area
Lora Lake
Parcel
170,000 170,000
Area
Enlarged
^_
W A S H I N G T O N
Notes:
160,000 Basemap provided by ESRI.
Coordinate grid presented in North American 160,000
Datum 1983 High Accuracy Reference
Network. State Plane Coordinate System,
Washington North Zone, in units of Survey 0 1 2
Feet. Map Projection = Lambert Conformal
Conic. Scale in Miles
Cleanup Action Plan
Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P
Lora Lake Apartments Site Figure 1.1
Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster
Burien, Washington Site Vicinity Map
NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong),
swisstopo, and the GIS User Community
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan\Figure 1.1 (Site Vicinity Map).mxd
7/17/2013 DRAFT
1,271,500 1,272,000 1,272,500 1,273,000 1,273,500
SR 518
175,000 CITY OF BURIEN 175,000
CITY OF SEATAC
LORA LAKE
APARTMENTS 1982 DREDGED
Legend PARCEL MATERIAL AVE SOUTH
City Boundary TH CONTAINMENT
8
AREA
Tax Parcel
300 Approximate Extent of 1982 Dredged
Material Containment Area
Approximate Location of Fences
174,500
SOUTH 150TH STREET
Runway Protection Zones1
Controlled Activity Area 2 174,500
Extended Object Free Area 3
Notes:
FORMER SEATTLE
1. Runway Protection Zones based on Port of PORT OF
Seattle data. CITY LIGHT SEATTLE
2. The Controlled Activity Area is the zone outside
of and adjacent to the Extended Object Free PROPERTY PROPERTY
Area (XOFA) in which land use is restricted by
the Federal Aviation Administration (FAA) and
excludes the construction of residences and
public gathering places such as shopping PORT OF
centers, offices, or hospitals (FAA 2008). DES MOINES MEMORIAL DRIVE
SEATTLE L o r a
3. The XOFA must be kept clear of objects
including structures, equipment, and terrain,
PROPERTY L a k e
except for those objects necessary for air
navigation or aircraft ground-maneuvering
purposes. (FAA 2008).
FAA = Federal Aviation Administration
RD
Tax parcel boundaries based on King County STIA 3 RUNWAY
tax parcel data. APPROACH
City boundary data provided by King County. LIGHTING SYSTEM
Locations of fences were digitized based on
174,000 174,000
CITY OF BURIEN CITY OF SEATAC aerial image cited below and Google Earth
Street View.
Aerial image provided by Port of Seattle
LORA LAKE
and dated March 20, 2011.
Coordinate grid presented in North American PARCEL
Datum 1983 High Accuracy Reference
Network. State Plane Coordinate System,
Washington North Zone, in units of Survey
Feet. Map Projection = Lambert Conformal
Conic.
0 150 300
Scale in Feet
Cleanup Action Plan
Figure 2.1
Lora Lake Apartments Site
Site Area Map
Burien, Washington
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan - T1140\Figure 2.1 (Site Map).mxd DRAFT
9/3/2013
1,272,000 1,272,500 1,273,000 1,273,500
2
0
3 6 8
3
0
0 9 3
4 0 2
Legend 2 0
2
3 3
3
3
2 2
2
4
3
2
0
3 26 8
3
2 3 3
2 Topographic Contour (NAVD88) 332 4 1
0
3 3
2
8
3
0 2
0 0
2
3
3
6 3
4
1
3 1 9
6 2
1
8
3 SR 518 314
175,000 Tax Parcel 29 8
2
300
0
Approximate Extent of 1982 Dredged 8 3
0
8 3
3
3 2
0 3 175,000
6 4
Material Containment Area 318 316 9
0 2
3
322 6
9
3
2
1
0
3
2 2
8
2
4 2
Notes: 4 6 320 0 8
3 2
9
2
6 282 2
3 8
3 2
2
3
3
NAVD88 = North American Datum 1988 2
8
6 4 4 2
8
2
1
3 9 290 2
8
Topographic contours derived from Bare-Earth 4
3 8
1
3 2 280
1 3 2 4
0 9 8
4
4 2
2
Return LiDAR data provided by the Puget Sound 2 6 2
8
9 7
6
3 2
0 2
LiDAR Consortium. 0
2
8
302 2 6
31 2
Topographic contours presented in units of feet 8
8 2
2 8
2
9 8 2
2 2
relative to NAVD88. 31
0 3
0
3 1 9
0 2
2 4
Tax parcel boundaries based on King County 0
3 0 4
1 6 6
tax parcel data. 2
3 9
2 0
6 LORA LAKE 0 28 282 28 27 8 28 27
Aerial image provided by Port of Seattle and dated 3 30 8
31 0 0 2
7 6
March 20, 2011. 0
3 2 APARTMENTS 3 2 8 8 2
9 7
0 8 8
6 2
8 8 29 27 2 8
2 4
Coordinate grid presented in North American Datum 7
0
4 2
3
0 PARCEL 9 6 0 4 2 8 6
2
3 2 9
2 8 8 2
1983 High Accuracy Reference Network. State 2 0
6
6 8 2
7
9 2
29 4
8 2
Plane Coordinate System, Washington North Zone, 30 0 8
2 2 1982 DREDGED MATERIAL 2 2
3
0
8 8 8 8
9 in units of Survey Feet. Map Projection = Lambert 4
2 0
0 2
2 7
Conformal Conic. 8 8
30 3
CONTAINMENT AREA
29
0
0 6
3 3
0 8 29
0 8 8
2 2
0 8 0 27
2
8
8 0
3 8
304 0
0
30 30 0 282 0
8
2
8 3 27
SOUTH 150 TH STREET 8
6 2
8 2 7
7
2 8 8
28
8
174,500 9 0 2
2 2
E 7
8
V
27
2
AVE SOUTH 6 0 8 2
30 8
6
0 4
I 27 6 28 28
8
2 30 R 0
2
31 4 284 6 6
0 0
8 8
2 2 174,500
3
3 D
1
6
L 282
4
A 7
8 2
2
6
I 4
1 7
4 7
R 2 2
7
4 7 7
3 2 2 2 2
O 8 2
8 7
27 6 2
M 2
7
2
E
M 28 0 6
7
2
4
6 TH S 0 2
7
7
4 272 2
8 E 27 2 2
N 7
2
7
4 2 8
8 2
28
I 2 8
2 2 2
2 7
2
8
8 4 7 7
4
3
0
0
2
8
296 O
294 M 0 2
4
2 4
7 7
0 6 2 7
S 7 2
7 2
28 2 2
8
7 7
4
2
E
2
272
0 D 2 7 8 6 27 2 2
0
9 7
30 2 2
PORT OF Lora 0
4
6 SEATTLE 7 27
2
4
2 7
8 Lake 27
3 0 2 2
3 PROPERTY 2 7
6 2
7
2
PORT OF 272
0
7
2
2 2
1 7
3 2 SEATTLE
0
7
2
2
0 6 PROPERTY 2
70 7
0 7
7 2 2
2 2
2
7 2 7
2
31 2
7 2
7
2
2
4
2 7
306 7
0 2
4 6 2 4
7 2
2 7
0 0
6
7
7
0 74
2
7
0 2 27 2
0
3 LORA LAKE 7
2
0
0 8
7 2
174,000 2
2
7
0
0
8
2 PARCEL 2
7
2 8
2 7
7 2
2 2
8 2 7
7
26 0 0 6 8 174,000
0 8
0 7 2
7 2
8
2 28
8
2
2 8
27 2
7
4 2 6 8 0 2
2
6 2
7 7
0 6 2 8
7
2 2 7 2
2
2
29 6 2 0 8
4
7 8
2 7 6
2 4
2 7 8 2 6
2
8
0 150 300 8 2 8
2
6 2 6 2 2
2 8
8
4
2
4
8
2
2 284
6 280
8 28 6
2 Scale in Feet 8
6
2
2
6 0 8
8 7 6 8
4 6
2 7 8
2 2 8
4 2
8 9
2 27 28
0
2
9
2 290 2
8 9
7
0 2
6
7
2 2
Cleanup Action Plan Figure 2.2
Lora Lake Apartments Site Site Topography
Burien, Washington
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan\Figure 2.2 (Topography of LLA & LL & DMA).mxd
7/17/2013 DRAFT
1,260,000 1,270,000 1,280,000
Ma 3 5 Sw Roxbur S 96T
y St h S t E
Legend T M S M
ri n h y t
a a
Av e t r
r e
e g
s
H
i I
Ai r 190,000 e S n
V w 5
a
i
w po
e
S
w Miller Creek y S Wa e rt Dr w w l S w S 9
r 9 W ve y S A v Wa Sw v S e A e v
D
Lora Lake Sw 106 a Th St y
S
h A 8 T h yS 190,000 T A S w 10 7 Th St 8T l 8 h St oeing R d
B
2 21
Miller Creek Drainage Basin S w 108Th St
ri a
Boundary
S T mo
509 Tukwila
City Boundary G s
Me
l
e e
n S
w
S 116Th St n i S
Property of Interest d o
ve wy a
l
e M
Th A ve S H
Sw 116Th St W s
e
State Highway a D c State
i f H
w
y y
12 S h A i 5
S M c 9
i
l 9
ve 5T a
i P t Major Road a
r
y
t A S ba Am 1S
S 124T h S t
A ve Rd S
0 2,000 4,000 8,000 um Sw 128Th St
Th
S 128Th St
Bl v 24 180,000 d S
Scale in Feet
w
Sw 136Th St 180,000
S 136 Th St
S
w 139Th St
S 1 40Th St
1982 Dredged Material
Lora Lake Containment Area
Apartments Parcel
Sw 148Th St T S 518
Sw 152Nd St
P u g e t S outhcenter lvd
S B
S 156Th St 1
5
4 St
ay T
h
S o u n d W
h
Burien S T
6
5
1 Lora Lake
S 160Th St
w 170,000 S r
D
e
r
v
A Lora Lake D
d d S
l
al
i
w
y
e
Parcel
or i r
l Bl v t
p
a
n
M
em 170,000
w k um
e
S e
M
r
N E
d C ba n e s
S
w
1
7
R
2
r
N
d
S r
t e
t
i
s
e l l e
o
v i
l
Am
y
S M
s M
Normandy ST509 S 176Th St
De
Park
Notes:
Tax parcel boundaries based on King w SeaTac
ve S County tax parcel data.
City boundaries, Miller Creek alignment,
4T h A
S 188Th S
and drainage basin GIS data provided t
by King County.
Aerial image provided by National
S 192Nd
Agriculture Imagery Program (NAIP) St
160,000 and dated 2009.
Coordinate grid presented in North M
a 160,000
American Datum 1983 High Accuracy r
i
n
S
e d
Reference Network. State Plane R
S
V
1
9 t y
Coordinate System, Washington North 9
T
h S
i
e S 200Th S t r
a
t N
w
li
i
M 5 S
Zone, in units of Survey Feet. Map I 5
Projection = Lambert Conformal Conic. D I
r
Sw
Cleanup Action Plan Figure 2.3
Lora Lake Apartments Site Miller Creek
Burien, Washington Watershed Map
\\Gimli\enterprise\GIS\Projects\POS_LLA\MXD\CleanupActionPlan\Figure 2.3 (Miller Creek Watershed Map).mxd
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1,272,000 1,272,500 1,273,000
175,000 518
S
R 175,000
Legend
Former Location of Structure Associated
with Industrial Activity1
Location of Former Residence and
Approximate Extent of Investigation
Associated Outbuilding1
by GeoScience Management, Inc. 4
Approximate Perimeter of Former
Auto Wrecking Yard
Potential Drum Cleanout Pond (1946 Aerial) Approximate Excavation Limit (Golder) 3
E
Approximate Location of Concrete Sump (Golder) V
Tax Parcel I
R
D
L
Historical Golder Excavation (1987) A
I
R
Concrete Sump O
M
E
Approximate Location of Novak M
Phase 1 Excavation Limit
S
Barrel Cleaning Company Building E
Potential Drum N
Former Seattle City Light Sunnydale Substation I
O
TH
Cleanout Pond 2 M
Extent of Concrete Slab (Removed) SOUTH 150 TH STREET S
E
OU
D
S
Extent of Substation Fenceline
174,500 VE TH 8 A
Extent of Soil Excavation 174,500
Notes: Concrete Slab
1. Locations of former residences and former structures
associated with auto wrecking and barrel cleaning (Removed) Approximate Perimeter of
activities were digitized using reference aerial photos Former Auto Wrecking Yard
dated 1936, 1946, 1980, and 1985 (Appendix A of Former Perimeter Fence
the RI/FS).
2. Approximate location of Potential Drum Cleanout Pond of Seattle City Light
based on 1946 aerial photograph (Appendix A of the Sunnydale Substation5
RI/FS).
3. Approximate location of the 1987 excavation and sump
Area of Soil Excavation
removal by Golder Associates (Golder 1987).
4. Approximate Extent of Investigation by GeoSciences by Seattle City Light
Management, Inc. supplied by AECOM, Inc. (AECOM 2009).
5. Approximate locations for features associated with the
former Sunnydale Substation are based on Figure 4
(Pinnacle Geosciences 2009).
Tax parcel boundaries based on King County tax
parcel data.
Aerial image provided by Port of Seattle and dated L o r a
March 20, 2011.
Coordinate grid presented in North American Datum L a k e
1983 High Accuracy Reference Network. State 0 100 200
Plane Coordinate System, Washington North Zone,
in units of Survey Feet. Map Projection = Lambert
Conformal Conic. Scale in Feet
Cleanup Action Plan
Figure 2.4
Lora Lake Apartments Site
Historical Site Uses and Operations
Burien, Washington
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan\Figure 2.4 (Historical Site Uses and Operations).mxd DRAFT
7/17/2013
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1 &<
&<
Legend 3
&<
6
< &
2&<
&<
&<
&<
&<
&<
&<
TPH- & < 5
Notes: 2
Area TPH-GRO DRO/HO PCP cPAH Lead
1 < CUL < CUL < CUL 1.16 < CUL
2 < CUL < CUL 6.00 1.09 1.48
3 < CUL < CUL 1.08 2.55 1.18
4 19.0 12.95 1.48 6.42 11.52
5 < CUL < CUL < CUL < CUL 1.16
6 < CUL < CUL < CUL < CUL 1.28
Cleanup Action Plan
Lora Lake Apartments Site
Burien, Washington
DRAFT
60,000
50,000
40,000
30,000
Excavation Soil Volume (cubic yards) Excavation Soil Volume: 19,000 cubic yards
Dioxins/Furans TEQ Mass Concentration:100 pg/g1
20,000
Excavation Soil Volume: 8,800 cubic yards
Dioxins/Furans TEQ Mass Concentration:1,000 pg/g1
Notes:
1 The 100 pg/g and 1,000 pg/g dioxins/furans remedial action levels used for Alternatives 2, 3, and 4 were
selected by picking points on the curve where the majority of contaminant mass would be excavated, without
10,000 the volume being disproportionately high.
2 The dioxins/furans mass concentration points shown are the average concentrations for a contaminant area at
a particular depth. For example, the concentrations were averaged in the Central Source Area in the 0.5 to
2 feet bgs depth interval (1,810 pg/g and 21,200 pg/g) to get an average concentration of 11,500 pg/g.
0
0 2,000 4,000 6,000 8,000 10,000 12,000
Dioxins/Furans TEQ Mass Concentration2(pg/g)
Cleanup Action Plan Figure 3.2
Lora Lake Apartment Site Excavation Volume by
Burien, Washington Soil Concentration
C:\Users\megank\Desktop\REV_FIG 3_2 .docx DRAFT
Lora Lake
Apartments Parcel
Dredged Material
Containment Area
Port of
Seattle
Property
Legend
Lora Lake
Soil and Groundwater
Points of Compliance
Soil Point of Compliance
Sediment Point of
Compliance
Cleanup Areas
Tax Parcel Boundary
Notes:
Orthophoto provided by ESRI.
0 25 50 100
Scale in Feet
Cleanup Action Plan Source: Esri, i-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community
Lora Lake Apartments Site Figure 3.3
Burien, Washington Points of Compliance
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan\Figure 3.3 (Points of Compliance).mxd
8/22/2013 DRAFT
Excavation Depth Excavation Depth
- 10 feet - 20 feet
Excavation Depth
- 1 foot
Excavation Depth
- 2 feet
1,272,000 1,272,500 1,273,000
Excavation Depth
175,000 SR 518 - 10 feet 175,000
Excavation Depth
- 20 feet
Excavation Depth LORA LAKE
- 1 foot APARTMENTS
Cleanup Area C PARCEL
Cleanup Area C
TH AVE SOUTH 8
Cleanup Area B
Central
Source Area Excavation Depth
- 2 feet
Cleanup
Western Cleanup Area A Area B
Legend Source Area
Lora Lake Apartments Cleanup Areas Excavation Depth
- 1 foot
Cleanup Area A
Cleanup Area C
Cleanup Area B
Cleanup Area C TH
SOUTH 150 STREET
Cleanup Area Boundary
Source Area
174,500 FORMER SEATTLE
300 Tax Parcel
CITY LIGHT
Approximate Location of Fences Excavation Depth
174,500
PROPERTY
- 4 feet Excavation Depth
Notes: Eastern Source Area Cleanup Area A
Excavation Depth
TEQ = Toxic Equvalent Quotient - 10 feet
pg/g = Picograms Per Gram - 1 foot
Cleanup Area A encompasses areas with a maximum
dioxins/furans TEQ concentration greater than
1,000 pg/g at any depth. Cleanup
Cleanup Area B encompasses areas with a maximum Area B
dioxins/furans TEQ concentration greater than 100 pg/g,
PORT OF
but less than 1,000 pg/g at any depth.
Cleanup Area C encompasses areas with a maximum SEATTLE
dioxins/furans TEQ concentration greater than 11 pg/g, PROPERTY
but less than 100 pg/g at any depth.
Locations of fences were digitized based on aerial
image cited below and Google Earth Street View.
Aerial image provided by Port of Seattle and dated L o r a
March 20, 2011. DES MOINES MEMORIAL DRIVE L a k e
Tax parcel boundaries based on King County tax
parcel data.
Coordinate grid presented in North American Datum
1983 High Accuracy Reference Network. State Plane 0 100 200
Coordinate System, Washington North Zone, in units
of Survey Feet. Map Projection = Lambert Conformal
Scale in Feet
Conic.
Cleanup Action Plan Figure 4.1
Lora Lake Apartments Site Lora Lake Apartments Parcel
Burien, Washington Cleanup Areas
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan\Figure 4.1 (Cleanup Areas).mxd
8/2/2013 DRAFT
Excavation Depth
- 1 foot
Excavation Depth
- 10 feet
Excavation Depth
- 4 feet
Excavation Depth
- 1 foot
1,272,500 1,273,000 1,273,500
LL APARTMENTS
PARCEL
174,500 LL Parcel Shallow Soil Cleanup Area 174,500
300Legend DES MOINES MEMORIAL DRIVE
L o r a
Extent of Contamination L a k e
LL Parcel Sediment Cleanup Area
LL Parcel Shallow Soil Cleanup Area
LL Parcel Sediment
Approximate Location of Fences Cleanup Area PORT OF
SEATTLE
Tax Parcel PROPERTY
Notes:
Tax parcel boundaries based on King County
tax parcel data.
Locations of fences were digitized based on
aerial image cited below and Google Earth
Street View.
LL = Lora Lake. LL
174,000
Aerial image provided by Port of Seattle PARCEL
and dated March 20, 2011.
Coordinate grid presented in North American
Datum 1983 High Accuracy Reference 0 100 200 174,000
Network. State Plane Coordinate System,
Washington North Zone, in units of Survey Scale in Feet
Feet. Map Projection = Lambert Conformal
Conic.
Cleanup Action Plan Figure 4.2
Lora Lake Apartments Site Lora Lake Parcel
Burien, Washington Cleanup Areas
I:\GIS\Projects\POS_LLA\MXD\CleanupActionPlan - T1140\Figure 4.2 (Lora Lake Parcel Cleanup Areas).mxd
8/22/2013 DRAFT
$10
Alt 5, 11 pg/g, 100% Cleanup Level=11 pg/g
$9
Capping (Alt 3) saves
$2.1 million compared
to excavation (Alt 5)
$8
Alt 4, 100 pg/g, 96%
Alt 3, 100 pg/g, 96% Remediation Level=100 pg/g
$7
Cost (Millions)
Alt 2, 1000 pg/g, 88%
$6
$5 Maximum Concentration
On site = ~21,000 pg/g
Alt 1, 21,000 pg/g, 0%
$4
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
% Dioxin Mass Removed
Figure 5.1
Cleanup Action Plan
Lora Lake Apartments Parcel Alternative
Lora Lake Apartments Site
Cost vs. Percent Dioxins/Furans Mass
Burien, Washington
Removed
F:\projects\POS-LLA\Task 1140 - CD and CAP Development\Consent Decree\CD Exhibits\Exhibit B - DCAP\Figures\Fig 5.1_Dioxin Mass Removed vs. Cost of Implementation for Alternatives_082313.docx DRAFT
120
Legend
110
100
Mean
90
80
Notes:
Dioxin/Furan TEQ Concentration (pg/g) *Seattle Dioxin/
Furan TEQ data
from Ecology 2011.
70 **Data has lognormal
distribution.
60
50
40
30
20 19.0
16.6
10 8.2
0
Seattle* Lora Lake Apartments Lora Lake Parcel
Parcel
Figure 5.2
Cleanup Action Plan Lora Lake Apartments Parcel and
Lora Lake Parcel Soil Dioxins/Furans
Lora Lake Apartments Site
TEQ Concentrations to Remain On-
Burien, Washington site Compared to Dioxins/Furans TEQ
Concentrations in Seattle Urban Soil
DRAFT
Lora Lake Apartments Site
Draft Cleanup Action Plan
Appendix A
SEPA Checklist
STATE ENVIRONMENTAL POLICY ACT (SEPA)
MITIGATED DETERMINATION OF NONSIGNTFICANCE (iVIDNS)
FOR THE LORA LAKES APARTMENTS SITE CLEANUP PLAN
Description of proposal: Lora Lake Apartments Site Cleanup Plan
The preferred cleanup action of the Loral Lake Apartments Site (Proposal) is described in the SEPA
Environmental Checklist. The proposed cleanup was prepared by the Department. of Ecology
(Ecology) acting in accordance with the Model Toxics Control Act, RCW 70.405D.010-.921 and
the regulations promulgated thereunder at Chapter 173340 WAC; and SEPA, Chapter 43.21C
RCW.
The proposed cleanup action will involve excavation of more highly contaminated soil, capping of
less highly contaminated soil, and rehabilitation of Lora Lake by converting it to a the wetland
habitat that existed prior to peat mining that resulted in the lake. The cleanup will be conducted
under a Consent Decree between the Washington State Department of Ecology and the Port of
Seattle (Port).
Proponent: Port of Seattle.
Location of proposal, including street address, if any: 15001 Des Moines Memorial Drive,
Burien, Washington. The proposed cleanup action is located immediately northwest of the Third
Runway at the SeattleTacoma International Airport.
The Proposal consists oftlrree parcels: (l) Lora Lake Apartments Parcel (LL Apartments Parcel),
(2) Lora Lake Parcel (LL Parcel), and (3) 1982 Dredged Material Containment Area (DMCA). The
Proposal straddles the boundary between the Cities of Burien and SeaTae, Washington.
The LL Apartments Parcel occupies approximately 8.3 acres of currently vacant land in the City of
Burien that is bounded to the north by State Route 518 (SR 518), to the east and southeast by Des
Moines Memorial Drive, to the west by 8th Avenue South, and to the south by an open area. The
LL Parcel is located to the southeast ofthe LL Apartments Parcel, on the east side of Des Moines
Memorial Drive. The LL Parcel consists of approximately 7.1 acres ofland, including the
approximately 3-aere Lora Lake and a Portconstructed wetland aquatic habitat mitigation area. The
LL Parcel is bounded to the north by the SR 518 highway interchange, to the east and south by Port-
owned habitat mitigation area and the northern boundary of the airport operations area, and to the
west and northwest by Des Moines Memorial Drive. The DMCA is located adjacent to the LL
Parcel, to the northeast, on Port property. The DMCA is located within the secured airport area
within security fencing. The DMCA has an area of approximately 2.75 acres, based on review of
aerial photographs. The eastern half of the DMCA is an approximately 1.5aere vegetated area
covered by a mixture of grasses and invasive and pioneering plant species. The remaining
approximately 1.25 acres of land is the location of the Approach Lighting System for SeaTac
International Airport.
Description ofmitigation: Mitigation for the proposal is described in the attached Environmental
Checklist. in general, mitigation will consist of working with the Port of Seattle, contractors, and
subcontractors to ensure enviromnental regulations are followed and best management practices
and principles applied. Mitigation will also consist ofavoiding disturbance ol'plants in the shallow
soil areas of the LL Parcel as described in Section B.4.b. in the attached Enviromnental Checklist.
Lead agency: Washington State Department of Ecology.
The lead agency has determined that this proposal, with mitigation described in the attached
Enviromnental Checklist, will not have a probable signicant adverse impact on the environment.
An enviromnental impact statement (BIS) is not required under RCW 43.210030 (2)(c). This
decision was made after review ofa completed environmental checklist and other information on
le with the lead agency. This information is available to the public on request.
El There is no comment period for this DNS.
C] This DNS is issued after using the optional DNS process in WAC 19711-355. There is no
further comment period on the DNS.
This MDNS is issued under WAC 197-11-340 and WAC 19711350; the lead agency will
not act on this proposal for 14 days 'om the date below. Comments must be submitted by
Responsible ofcial: Robert W. Warren
Position/title: Section Manager, Toxics Cleanup Program, Northwest Regional Office
Address: Washington State Dept. of Ecology, 3190 160lh Avenue SE, Bellevue, WA 98008
Phone: 425649-7054
-/'
M_, Date: 5'- 18- I3 Signature-
,
,/
(OPTION/IL)
C] You may appeal this determination to (name):
at (location) no later than
(date)
by (method)
You should be prepared to make specic factual objections.
Contact to read or ask about the procedures for SEPA appeals.
There is no agency appeal.
Ix.)
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
WAC 197-11-960
Environmental Checklist
Purpose of checklist:
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental
agencies to consider the environmental impacts of a proposal before making decisions. An
environmental impact statement (EIS) must be prepared for all proposals with probable significant
adverse impacts on the quality of the environment. The purpose of this checklist is to provide
information to help you and the agency identify impacts from your proposal (and to reduce or
avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS
is required.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your
proposal. Governmental agencies use this checklist to determine whether the environmental
impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions
briefly, with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge.
In most cases, you should be able to answer the questions from your own observations or project
plans without the need to hire experts. If you really do not know the answer, or if a question does
not apply to your proposal, write "do not know" or "does not apply." Complete answers to the
questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and
landmark designations. Answer these questions if you can. If you have problems, the
governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them
over a period of time or on different parcels of land. Attach any additional information that will help
describe your proposal or its environmental effects. The agency to which you submit this checklist
may ask you to explain your answers or provide additional information reasonably related to
determining if there may be significant adverse impact.
Use of checklist for nonproject proposals:
Complete this checklist for nonproject proposals, even though questions may be answered
"does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part
D).
For nonproject actions, the references in the checklist to the words "project," "applicant,"
and "property or site" should be read as "proposal," "proposer," and "affected geographic area,"
respectively.
1
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
Revised Text Agency Evaluation
A. Background
1. Name of proposed project, if applicable:
Lora Lake Apartments Site Remedial Action
2. Name of applicant:
Port of Seattle
3. Address and phone number of applicant and contact person:
Port of Seattle
Aviation/Environmental
PO Box 68727
Seattle, WA 98168
Phone: (206) 787-4918
Contact: Don Robbins
SEPA Checklist prepared by:
Floyd|Snider
601 Union Street, Suite 600
Seattle, WA
Contact: Megan McCullough, Project Engineer
Phone: (206) 292-2078
4. Date checklist prepared:
August 2013
5. Agency requesting checklist:
Washington State Department of Ecology
6. Proposed timing or schedule (including phasing, if applicable):
The site cleanup is expected to occur in a phased approach, with remedial
actions conducted at the Lora Lake Apartments Site (LL Apartments Parcel)
and Dredged Material Containment Area (DMCA) in 2016 and remedial
actions conducted at the Lora Lake Parcel (LL Parcel) in 2016 or 2017.
7. Do you have any plans for future additions, expansion, or further activity
related to or connected with this proposal? If yes, explain.
Following completion of remedial actions at the LL Apartments Parcel, the
property is anticipated to be redeveloped into a commercial/light-industrial
facility as part of the City of Burien's Northeast Redevelopment Area
(NERA). Future site development at the LL Apartments Parcel is not
associated with this cleanup action, and will be conducted under a separate
process by the Port and the City of Burien.
Restrictive covenants and local zoning designations prohibit any future
development on the LL Parcel, which will be maintained in perpetuity as a
protected wetland aquatic habitat area.
FAA restrictions prohibit any future development on the DMCA, which will
be maintained as a FAA-defined RPZ-Extended Object Free Area as long
as Seattle-Tacoma International Airport (STIA) is an operating airport. The
Ports planned future use of the DMCA is for airport-compatible uses such as
equipment storage and temporary construction laydown that comply with the
FAA RPZ restrictions.
2
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
Revised Text Agency Evaluation
8. List any environmental information you know about that has been prepared,
or will be prepared, directly related to this proposal.
The following documents have been prepared in support of this project, and
are available on the Department of Ecology's project document repository
(https://fortress.wa.gov/ecy/gsp/CleanupSiteDocuments.aspx?csid=2008):
Lora Lake Apartments Agreed Order No. DE6703
Summary Report 2008 Investigations and Data Gap Evaluation,
Lora Lakes Apartments, AECOM, September 2009
Stormwater Interim Action Work Plan, F|S and Taylor Associates
Inc., November 17, 2009
Stormwater Interim Action Data Report, F|S, August 2011
Lora Lake Apartments Remedial Investigation /Feasibility Study
Work Plan, F|S, February 11, 2011
Lora Lake Parcel Remedial Investigation / Feasibility Study Work
Plan, F|S, February 11, 2011
Dredged Material Containment Area Characterization Lora Lake
Parcel Memorandum, F|S, April 14, 2011
Public Review Draft Remedial Investigation /Feasibility Study, F|S,
January 11, 2013.
Lora Lake Parcel Soil Sampling Results Memorandum, F|S, May 16,
2013
Draft Cleanup Action Plan, F|S, June 2013.
9. Do you know whether applications are pending for governmental approvals
of other proposals directly affecting the property covered by your proposal? If
yes, explain.
No.
3
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
Revised Text Agency Evaluation
10. List any government approvals or permits that will be needed for your
proposal, if known.
Local Approvals/Permits:
City of Burien Clearing and Grading Permit (Project is exempt from
the procedural requirements, but must comply with the substantive
requirements of this law. WAC 173-340-710)
City of SeaTac Clearing and Grading Permit (Project is exempt from
the procedural requirements, but must comply with the substantive
requirements of this law. WAC 173-340-710)
City of SeaTac Critical Area Review (Project is exempt from the
procedural requirements, but must comply with the substantive
requirements of this law. WAC 173-340-710)
King County Industrial Discharge Authorization
Federal Approvals/Permits:
USACE Clean Water Act Section 404 Nationwide permit No. 38
(Required for the LL Parcel remedial action)
State Approvals/Permits:
Department of Ecology Approval of EDR and Work Plans
Department of Ecology SEPA Checklist
Department of Ecology NPDES Construction General Permit
Washington State Department of Fish and Wildlife (WDFW)
Hydraulic Project Approval (Required for the LL Parcel remedial
action)
11. Give brief, complete description of your proposal, including the proposed
uses and the size of the project and site. There are several questions later in
this checklist that ask you to describe certain aspects of your proposal. You do
not need to repeat those answers on this page. (Lead agencies may modify
this form to include additional specific information on project description.)
The cleanup action selected by the Washington State Department of Ecology
(Ecology) for the LL Apartments Site will occur on three parcels: LL Apartments
Parcel, the DMCA, and the LL Parcel.
The LL Apartments Parcel occupies approximately 8.3 acres of currently vacant
land. The LL Apartments Parcel is covered by asphalt parking areas, concrete
building foundations, and landscaping areas remaining from the previous LL
Apartments complex that was demolished in 2009. The remedy includes excavation
and off-site landfill disposal of 19,000 cubic yards of soil with dioxin/furan TEQ
concentrations greater than 100 pg/g. Up to approximately 30,000 cubic yards of
additional soil will either by capped or will be excavated and consolidated within the
Site to minimize the need for capping and institutional controls on the LL
Apartments Parcel. The portion of the LL Apartments Parcel not within the RPZ
may be sold for commercial or light industrial redevelopment after construction. It
is anticipated that the 30,000 cubic yards of material will be contained within the
LLA Parcel or consolidated at the DMCA. Groundwater encountered during
excavation, and removed for dewatering purposes will be collected and treated as
needed prior to disposal either at an off-site facility, or to the sanitary sewer.
The existing stormwater conveyance system will be abandoned and relocated in
coordination with remedial actions at the LL Apartments Parcel. The storm drain
4
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
Revised Text Agency Evaluation
main line will be relocated to the north side of the LL Apartments Parcel, and
constructed in a manner that minimizes the potential for contaminated groundwater
or soil to enter the stormwater conveyance system through cracks and joints.
The LL Parcel is located to the southeast of the LL Apartments Parcel, across
Des Moines Memorial Drive. The LL Parcel consists of approximately 7.1 acres of
land, including the approximately 3-acre Lora Lake and a STIA constructed wetland
aquatic habitat mitigation area. No shallow soil excavation will be conducted on the
LL Parcel. Lora Lake sediments will be isolated through open water filling to
rehabilitate the wetland. Filling of Lora Lake will consist of placing sand in the lake
to an elevation that converts all of the open water area to a depressional wetland
system, rehabilitating the hydrogeomorphic conditions that existed prior to the
historical excavation and peat mining operations. The restoration design will
preserve or improve the flow-through characteristics and flood desynchronization
functions of the current Lora Lake system. This action will require filling the lake
over the entire lake footprint to depths between approximately 2 to 13 feet, based
on existing bathymetry. Following filling, the former lake area will be graded and
planted with wetland terrestrial species consistent with the Natural Resources
Mitigation Plan for the area.
The DMCA is located adjacent to the LL Parcel, to the northeast, on Port property.
The DMCA is located within the secured airport security fencing and is monitored
and access-controlled by Port security as STIA property. The DMCA is
approximately 2.75 acres, based on review of aerial photographs, and the known
site historical operations. The eastern half of the DMCA is an approximately 1.5-
acre vegetated area covered by a mixture of grasses and invasive and pioneering
plant species. The remaining approximately 1.25 acres of land is the location of the
rd
Approach Lighting System for the STIA 3 Runway, which was constructed in 2006.
This area has been regraded and covered with gravel and is maintained by the Port
to be free of vegetation. Future land uses at the DMCA will be airport-compatible
uses in compliance with the FAA RPZs, such as temporary construction laydown, or
equipment storage. Land use improvements to allow for this future use will consist
of surface improvements (placement of a compacted gravel or engineered surface).
12. Location of the proposal. Give sufficient information for a person to
understand the precise location of your proposed project, including a street
address, if any, and section, township, and range, if known. If a proposal would
occur over a range of area, provide the range or boundaries of the site(s).
Provide a legal description, site plan, vicinity map, and topographic map, if
reasonably available. While you should submit any plans required by the
agency, you are not required to duplicate maps or detailed plans submitted with
any permit applications related to this checklist.
The LL Apartments Site is located at 15001 Des Moines Memorial Drive in
Burien, Washington, near the northwest corner of STIA. The Site straddles
the boundary between the Cities of Burien and SeaTac, Washington. The
LL Parcel is located immediately across Des Moines Memorial Drive to the
east, and the DMCA is located to the northeast of the LL Parcel, both within
the City of SeaTac. The Site Township/Range/Section is 23N/04E/20SW
The three site parcels are shown in Figure 2.1 of the Cleanup Action Plan.
5
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
B. Environmental Elements
1. Earth
a. General description of the site (circle one): Flat, rolling, hilly, steep slopes,
mountainous, other
The LL Apartments Parcel ground surface gradually slopes to the southeast
across the main portion of the property with steeper slopes located adjacent
to Des Moines Memorial Drive and the Highway 518 embankment. To the
southeast of the existing property boundary, the topography continues to
gradually slope to the east towards Lora Lake.
The DMCA is relatively flat, with steeper slopes along the western
boundary. Elevation across the DMCA varies by approximately 6-feet
across the area.
Topography at the LL Parcel slopes from the western and northern property
boundaries toward Lora Lake. Elevation drops approximately 18-feet
between Des Moines Memorial Drive and the shore of Lora Lake on the
west, and approximately 12-feet from the north side of the parcel to the
north shore of the lake.
b. What is the steepest slope on the site (approximate percent slope)?
The steepest slopes on the Site are found along the eastern boundary of the
LL Apartments Parcel, where there is an approximate 1.5:1 slope from the
property down to Des Moines Memorial Drive, and on the north side of the
Lora Lake Parcel adjacent to the Lake, where there is an approximate 1.5:1
slope.
c. What general types of soils are found on the site (for example, clay, sand,
gravel, peat, muck)? If you know the classification of agricultural soils, specify
them and note any prime farmland.
Subsurface geology at the LL Apartments Parcel consists of a discontinuous
fill layer that overlays glacial recessional outwash deposits. At the bottom of
the recessional outwash deposits a silt unit about 10 feet thick was
encountered in the eastern portion of the LL Apartments Parcel.
The fill unit in the vicinity of the LL Apartments Parcel is observed to have a
variable thickness of up to 15 feet, but is absent in the northern portion of
the property. The fill is composed of medium dense to dense, fine to coarse
grained sand with rounded gravel. The underlying native glacial recessional
outwash deposits are variable in thickness, but can be as much as 45 feet
thick in the vicinity of the LL Apartments Parcel. The recessional outwash
deposits are characterized as dense to very dense, fine to coarse grained
sand, with gravels up to 2 inches in diameter and occasional silt lenses.
There is a stiff to very stiff clayey silt unit found near the bottom of the
recessional outwash deposits (about 10 feet thick), which is likely indicative
of a transition into the glacial till deposits. The till deposits typically consist of
very dense silty, gravelly sand. The silt unit and the underlying till deposits
together provide a confining unit (aquitard) beneath the eastern portion of
the LL Apartments Parcel.
To the southeast of the LL Apartments Parcel, the LL Parcel is also
underlain by recessional outwash deposits, which are exposed at the
surface. Beneath the recessional outwash deposits, it is inferred, based on
Site cross sections, that the till deposits are also present and create a
perched layer on which Lora Lake and the surrounding wetlands are
6
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
formed. Lora Lake was formed by peat mining activities, so the presence of
peat in the subsurface is also expected, although only one sediment core
advanced in Lora Lake encountered peat material. The extent of subsurface
peat at the LL Parcel is not known.
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so, describe.
There are no surface indications or history of unstable soils within the
project area.
e. Describe the purpose, type, and approximate quantities of any filling or
grading proposed. Indicate source of fill.
Approximately19,000 cubic yards of soil will be excavated and disposed of
off-site at an appropriate licensed disposal facility from the LL Apartments
Parcel. An additional approximate 30,000 cubic yards of soil from the LL
Apartments Parcel will either be capped on the LL Apartments Parcel or
excavated and consolidated at the DMCA within the Site. Consolidation of
soil at the DMCA would include excavation of the material from the LL
Apartments Parcel, transport of the material across the street to the DMCA,
where the material will be placed, graded and compacted, and surfaced with
a clean soil cover, compacted gravel, or asphalt. This consolidation may be
conducted to reduce the footprint of the Site where contaminants in soil
exceed the Site cleanup level.
Open water filling of Lora Lake is described below in Section 3.
f. Could erosion occur as a result of clearing, construction, or use? If so,
generally describe.
Erosion control measures will be installed prior to start of any grounddisturbing
work at the Site. Erosion and sediment controls will be utilized
throughout the work to mitigate potential erosion during excavation and
grading.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)?
This project involves remedial excavation and backfilling. Depending on the
surface completion, impervious surfaces will cover the same percentage, or
a smaller percentage of the site than existing conditions.
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any:
Erosion and sediment controls, such as silt fences, straw bales or waddles,
etc, will be used during construction to prevent erosion or transport of soil
from the property. Appropriate construction BMPs will be in place for erosion
control in all areas subject to earth disturbance (including clearing, grading,
stockpiling, and materials or equipment storage). A Storm Water Pollution
Prevention Plan will be prepared as part of the Engineering Design Report
for the project.
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2. Air
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate
quantities if known.
Upland excavation and operation of construction equipment may result in
dust and exhaust emissions from equipment within the project vicinity during
construction only. Dust control measures such as wetting exposed soil will
be implemented during construction, as necessary, to prevent visible dust.
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe.
No.
c. Proposed measures to reduce or control emissions or other impacts to air, if
any:
During construction, dust suppression BMPs will be implemented, including:
watering of exposed soil surfaces, cleaning of construction vehicles to
prevent track-out, and street cleaning, as may be necessary.
Revised Text Agency Evaluation
3. Water
a. Surface:
1. Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds,
wetlands)? If yes, describe type and provide names. If appropriate, state what
stream or river it flows into.
Yes, Lora Lake is located in the Miller Creek watershed and receives
stormwater runoff from the LL Apartments Parcel, City of Burien residential
and commercial drainage areas upgradient of the LL Apartments Parcel,
and surrounding roadways downgradient of the LL Apartments Parcel (e.g.,
Des Moines Memorial Drive, SR 518 interchange, City of SeaTac) through a
single outfall located near the northwestern edge of the lake and via nonpoint
source overland flow from the LL Parcel. Water was also observed
entering Lora Lake from the nearby wetlands to the south, indicating surface
water connectivity between the wetlands and lake. Water from a drainage
channel flowing into Lora Lake in the southwest corner of the lake has also
been observed. An overflow discharge culvert and overflow berm is present
at the southeast end of the lake. Seasonally, when Lora Lake surface water
levels are elevated, lake water discharges to Miller Creek through the
discharge culvert and by overtopping the overflow berm. When Miller Creek
surface water elevations are elevated (i.e., during periods of heavy rainfall),
Miller Creek surface water discharges to Lora Lake via the same culvert and
overflow berm.
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2. Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans.
Open water filling of Lora Lake will occur on the LL Parcel to rehabilitate the
wetland and isolate the contaminated sediments beneath clean backfill.
Following filling of the lake, the area will be graded and planted to establish
a scrub/shrub wetland consistent with the surrounding aquatic wetland
mitigation area. Figure 4.2 of the Cleanup Action Plan shows the area of
Lora Lake to be filled, and the surrounding wetland mitigation area.
3. Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected. Indicate the source of fill material.
Filling of Lora Lake would consist of the placement of approximately 39,000
cubic yards of fill material over the open water area of Lora Lake
(approximately 120,000 square feet). Fill depth will range from
approximately 2 feet to 13 feet based on existing bathymetry. This will
convert all open water areas of the property to emergent wetland. The
source of the fill is not known at this time, but the source will be provided to
Ecology for approval once determined.
4. Will the proposal require surface water withdrawals or diversions? Give
general description, purpose, and approximate quantities if known.
Stormwater that enters Lora Lake in the northwest corner of the lake, as
described above in #1 above, may need to be diverted during filling
activities. Stormwater management will be included in the remedial design.
5. Does the proposal lie within a 100-year floodplain? If so, note location on
the site plan.
The Lora Lake open water area to be filled and rehabilitated as wetland, and
portions of the DMCA are located within the Miller Creek 100-year
floodplain, as shown on Figure A.1 (Miller Creek 100-Year Floodplain) of the
STIA Natural Resource Mitigation Plan (Parametrix 2001) (attached). The
Miller Creek 100-year floodplain is located in the stream reach between
South 156th Way and South 160th Street, and is relatively confined to the
channel ravine and is approximately 60 to 100 ft wide. In the stream reach
south of South 160th Street, the floodplain is approximately 80 to 150 ft
wide in the upper reaches. However, farther downstream, it widens to
approximately 200 to 250 ft. Urbanization and agriculture have significantly
altered the floodplains associated with Miller Creek. The 100-year floodplain
in the vicinity of the Vacca Farm Site is several acres in size. The wetland
area and poor drainage that existed prior to agricultural drainage activities
are evident from the 100-year floodplain estimated by the Federal
Emergency Management Agency (FEMA).
The approximate 100-year flood elevations, vary from 266 ft at the Miller
Creek detention facility outlet to approximately 265 ft at the downstream end
of the Vacca Farm site. A floodway has also been delineated and mapped
in a portion of the floodplain (Figure A.1).
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6. Does the proposal involve any discharges of waste materials to surface
waters? If so, describe the type of waste and anticipated volume of discharge.
Temporary silt control and BMPs will be used during construction to ensure
that fill operations do not adversely impact downstream water quality. For
locations with soft, unconsolidated sediments, lake filling would likely be
completed in two phases. The first layers of sand would be placed in a
manner to minimize disruption and gradually strengthen the underlying
sediments. The remainder of the fill would then be placed with a more
efficient and more cost-effective methodology. Following the placement of
fill material, topsoil would be placed, and fine grading conducted on the
converted surface for wetland creation and vegetation plantings.
b. Ground:
1. Will ground water be withdrawn, or will water be discharged to ground
water? Give general description, purpose, and approximate quantities if known.
Groundwater remediation will occur through soil source removal. Because
soil remedial actions include excavation and consolidation of deep soil
contamination, soil located below the water table will be removed.
Dewatering will be required to manage groundwater in the excavation during
soil excavation. Dewatered groundwater during subsurface excavation (an
approximate less than 1 month period), will be contained within Baker tanks,
treated as needed to remove solids and chemical contaminants to comply
with discharge requirements, and likely discharged to the sanitary sewer
under a permit approval.
2. Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals; agricultural; etc.). Describe the general size
of the system, the number of such systems, the number of houses to be served
(if applicable), or the number of animals or humans the system(s) are expected
to serve.
None.
c. Water runoff (including stormwater):
1. Describe the source of runoff (including storm water) and method of
collection and disposal, if any (include quantities, if known). Where will this
water flow? Will this water flow into other waters? If so, describe.
Stormwater runoff is currently collected onsite by an existing catch basin
conveyance system connected to the storm water mainline crossing the
Site. During construction, stormwater runoff will be collected in ponds, and
other temporary collection facilities, and either treated onsite and
discharged to the sanitary sewer, or hauled offsite for disposal.
2. Could waste materials enter ground or surface waters? If so, generally
describe.
The property is a clean up site with soils containing concentrations of
constituents of concern greater than Washington State Department of Ecology's
MTCA cleanup levels. These constituents have impacted soils, sediments, and
ground water at the Site. This project is not expected to result in any further
impacts to ground or surface waters, and will improve the environmental quality
of the property and parcels.
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d. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any:
Construction stormwater BMPs, such as silt fencing, geotextiles, stormwater
collection, straw bales or wattles, etc. will be used during construction, and
the engineered surface constructed at the DMCA will allow for infiltration.
Revised Text Agency Evaluation
4. Plants
a. Check or circle types of vegetation found on the site:
X deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
X shrubs
X grass
pasture
crop or grain
X wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
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b. What kind and amount of vegetation will be removed or altered?
The majority of the LL Apartments Parcel is covered with paved parking
areas and apartment building foundations. The parcel is vacant and is
surrounded by a fence. There is no significant vegetation located on the
LL Apartments Parcel. The only vegetated areas currently present at this
parcel exist along the parcel margins, are located on median strips and
dividers in the parking lots, or are in areas where plants have colonized
breaks in the pavement. The majority of vegetation within these limited
areas will be removed by construction.
The LL Parcel is currently a constructed wetland aquatic habitat mitigation
area, part of the Miller Creek/Lora Lake/Vacca Farm Wetland and
Floodplain Mitigation Area. The LL Parcel is densely vegetated and contains
a mixture of grasses, forbs, emergent wetland plants, and a canopy of
mixed deciduous trees. The Miller Creek/Lora Lake/Vacca Farm Wetland
and Floodplain Mitigation Area was enhanced by the Port to support
aquatic, amphibian, and wetland habitat as part of the mitigation
requirements associated with development of the STIA 3rd Runway (Port of
Seattle 2010). The operation and maintenance requirements for the Miller
Creek/Lora Lake/Vacca Farm Wetland and Floodplain Mitigation Area are
described in the NRMP (Parametrix 2001). Capping or soil removal in the
aquatic habitat mitigation area would destroy established plant communities
and would cause more ecological harm than the threat posed by the existing
low-level site contamination. Monitoring and institutional controls will be put
in place. If monitoring shows a risk to human health or the environment,
additional actions may be required. It is estimated that approximately 10,000
square feet of vegetation will be removed for access to the Lake during lake
filling activities, and will be replanted at the completion of construction
activities.
The eastern half of the DMCA is currently a vegetated area covered by a
mixture of grasses and invasive and pioneering plant species, while the
western half of the DMCA lies underneath the Approach Lighting System for
the STIA 3rd Runway, is covered in gravel, and is maintained by the Port to
be free of vegetation. The DMCA is located outside of the Miller Creek/Lora
Lake/Vacca Farm Wetland and Floodplain Mitigation Area, but remains
subject to the WHMP as it is located within the FAA RPZ-Extended Object
Free Area. The full DMCA area will be cleared of vegetation as part of this
action.
c. List threatened or endangered species known to be on or near the site.
USFWS identified the threatened bald eagle as potentially occurring near
the project site.
d. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe.
No.
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e. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any:
The proposed project is a short-term construction project, without long term
equipment operation, and there will be negligible energy impacts during
remediation activities. . Low fuel consumption equipment will be used where
possible, and construction activities will be conducted during daylight hours
to avoid the requirement for sight lighting.
7. Environmental Health
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur
as a result of this proposal? If so, describe.
The property is a clean up site with soils containing concentrations of
contaminants of concern greater than Washington State Department of
Ecology's MTCA cleanup levels. These contaminants have impacted soil,
sediments, and groundwater at the Site. Project environmental field staff
and contractors may come into contact with the Site soil, sediment, or
groundwater. Protection monitoring during remedy construction will be
conducted to provide protection of human health and the environment
during the construction and operation and maintenance activities required at
the Site. Protection monitoring requirements will be described in worker
Health and Safety Plans covering the worker activities both during
construction, and during any future operations and maintenance of the
constructed remedy. Any activities conducted at the LL Apartments Parcel
following remedy implementation that disturb capped areas will require
following an appropriate Health and Safety Plan.
1. Describe special emergency services that might be required.
The emergency services that might be required include normal emergency
medical , fire, or police response. Emergency procedures will be followed
per the Site Health and Safety Plan(s). No special emergency services will
be required.
2. Proposed measures to reduce or control environmental health hazards, if
any:
Safe work practices and protection monitoring requirements will be
described in worker Health and Safety Plans covering the worker activities
both during construction, and during any future operations and maintenance
of the constructed remedy. The Health and Safety Plans will also include
descriptions of the appropriate Personal Protective Equipment to be used
during site activities.
b. Noise
1. What types of noise exist in the area which may affect your project (for
example: traffic, equipment, operation, other)?
The site is bordered by a freeway, and an airport. Noise associated with
roadway and air traffic at STIA is currently present at the Site, but not
expected to affect this project.
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2. What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site.
Construction of the proposed project will involve temporary short-term
increase in noise associated with the use of construction equipment and/or
heavy truck traffic. There are no long-term contributions to area noise
levels.
3. Proposed measures to reduce or control noise impacts, if any:
All construction will be completed during daytime work hours, in accordance
with City of Burien and SeaTac construction noise ordinances.
8. Land and shoreline use
a. What is the current use of the site and adjacent properties?
The LL Apartments Parcel is currently vacant, and fenced. All aboveground
structures including buildings, parking covers, and play areas were
removed in 2009. Slab on grade building foundations, curbs, and pavement
remain in place.
The majority of the LL Parcel is currently located within security fencing for
the STIA, and is monitored and access-controlled by Port security as STIA
property. The Port constructed a habitat mitigation area, the "Miller
Creek/Lora Lake/Vacca Farm Wetland and Floodplain Mitigation Area,"
which includes the LL Parcel and other properties located adjacent to the
STIA to the north, east, and south of the LL Parcel following completion of
the STIA 3rd Runway in 2008. Restrictive covenants and local zoning
designations prohibit future development on the LL Parcel to assure
permanent use of the property as a protected wetland aquatic habitat area.
b. Has the site been used for agriculture? If so, describe.
Through the 1930s, the area was primarily agricultural, containing family
farms, suburban development, and supporting commercial businesses. The
Lora Lake Apartments property was farmland until the mid 1940s, when the
Novak Barrel Cleaning Company was established.
c. Describe any structures on the site.
There are no structures present within the LL Apartments Parcel or LL
Parcel. There are building foundations remaining at the LL Apartments
Parcel.
The third runway approach lighting system crosses the DMCA, and two
support structures are present on the DMCA. These structures are metal
truss structures, with a concrete foundations that are approximately 15-20
feet square.
d. Will any structures be demolished? If so, what?
None, beyond the removal of the remaining apartments buildings
foundations.
e. What is the current zoning classification of the site?
The property is currently zoned within the boundary of City of Burien as
"Airport Industrial 1" and within the boundary of City of SeaTac as "Aviation
Commercial (AVC) and Aviation Operations (AVO)".
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f. What is the current comprehensive plan designation of the site?
Based on the City of Burien and City of SeaTac Comprehensive Plan Future
Land Use Map, the property is designated as Airport Industrial. The City of
SeaTac land use map utilizes a single designations ("Airport") for all
properties owned or to be owned by the Port of Seattle under the Airport
Master Plan as updated August 1, 1996.
g. If applicable, what is the current shoreline master program designation of the
site?
Not applicable.
h. Has any part of the site been classified as an "environmentally sensitive"
area? If so, specify.
There are no "environmentally sensitive" areas within the LL Apartments
Parcel or the DMCA; however the LL Parcel includes Lora Lake and a
constructed wetland aquatic habitat mitigation area, which is part of the
Miller Creek/Lora Lake/Vacca Farm Wetland and Floodplain Mitigation Area.
i. Approximately how many people would reside or work in the completed
project?
No one would reside in the project area. If the site or a portion of the site is
redeveloped for airport compatible commercial or industrial uses there is the
potential that people will work within the completed project area in the future
following redevelopment, which is outside the scope of this project.
j. Approximately how many people would the completed project displace?
None.
k. Proposed measures to avoid or reduce displacement impacts, if any:
Not applicable.
l. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any:
The proposal will have no impact on the existing land uses, and is
consistent with future land use regulations, zoning, and applicable planning
documents.
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether
high, middle, or low-income housing.
Not applicable.
b. Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low-income housing.
Not applicable.
c. Proposed measures to reduce or control housing impacts, if any:
Not applicable.
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10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including
antennas; what is the principal exterior building material(s) proposed?
Not applicable.
b. What views in the immediate vicinity would be altered or obstructed?
Not applicable.
c. Proposed measures to reduce or control aesthetic impacts, if any:
Not applicable.
11. Light and glare
a. What type of light or glare will the proposal produce? What time of day
would it mainly
occur?
Light and glare will not be produced by lighting installed as part of the
project since construction will be conducted during daytime hours.
b. Could light or glare from the finished project be a safety hazard or interfere
with views?
No.
c. What existing off-site sources of light or glare may affect your proposal?
None.
d. Proposed measures to reduce or control light and glare impacts, if any:
Not applicable.
12. Recreation
a. What designated and informal recreational opportunities are in the
immediate vicinity?
None.
b. Would the proposed project displace any existing recreational uses? If so,
describe.
No.
c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any:
Not applicable.
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13. Historic and cultural preservation
a. Are there any places or objects listed on, or proposed for, national, state, or
local preservation registers known to be on or next to the site? If so, generally
describe.
No registered or listed sites are located on the LL Apartments Parcel, LL
Parcel, or DMCA. An online search of records maintained by the
Washington Department of Archaeology and Historic Preservation (DAHP)
was completed to locate any known sites either on and/or adjacent to the
property. The Washington Information System for Architectural and
Archaeological Records Data (WISAARD) did not identify any registered or
listed properties.
There are several historic property inventories that have been completed for
a residential area located to the west of 8th Avenue South between S 150th
Street and S 152nd Street. One historic property inventory (residence) was
located at 15060 Des Moines Memorial Drive, located adjacent to both the
LL Apartments Parcel and LL Parcel. While these resources are considered
historic resources (greater than 50 years old), they are not registered or
listed properties.
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
None.
c. Proposed measures to reduce or control impacts, if any:
Since there are no areas of importance, no measures are necessary to
control impacts.
14. Transportation
a. Identify public streets and highways serving the site, and describe proposed
access to the existing street system. Show on site plans, if any.
The LL Apartments Parcel is accessed by Des Moines Memorial Drive and
8th Avenue South. The LL Parcel and DMCA are accessed by Des Moines
Memorial Drive.
b. Is site currently served by public transit? If not, what is the approximate
distance to the nearest transit stop?
The nearest public transit is 0.5 miles NE of the Site.
c. How many parking spaces would the completed project have? How many
would the project eliminate?
Not applicable.
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally describe
(indicate whether public or private).
None.
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
The Site is located near the northwest corner of the Seattle-Tacoma
International Airport.
17
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f. How many vehicular trips per day would be generated by the completed
project? If known. indicate when peak volumes would occur.
During construction. approximately 19,000 CY of contaminated soil will be
transported from the Site by truck and trailer to a licensed Subtitle D landfill.
This will generate approximately 1.000 truck trips during the project.
Approximately 30,000 CY oi contaminated soil will be transported by truck
from the LL Apartments Parcel to the DMCA for consolidation. This will
generate approximately 1,500 truck trips from the LL Apartments Parcel to
the DMCA.
Approximately 46,000 CY of material will be imported to the LL Parcel to fill
Lora Lake. This will generate approximately 2,400 truck trips to the LL
Parcel.
The scheduling of vehicular trips is unknown.
9. Proposed measures to reduce or control transportation impacts. if any:
Use of larger vehicles that transport more material, reducing the total
number of tripsrequired will be implemented as possible. Trips may also be
scheduled during the lowest traffic times of the day to reduce impact on the
surrounding roadWays.
15. Public services
a. Would the project result in an increased need for public services (for
example: fire protection. police protection, health care, schools, other)? If so,
generally describe.
No,
b. Proposed measures to reduce or control direct impacts on public services, if
any.
Not applicable.
16. Utilities
a. Circle utilities currently available at the site: electricity. natural gas. water,
refuse service, telephone. sanitary sewer, septic system, other.
Not Applicable. All utilities previously serving the Site have been
disconnected.
bf Describe the utilities that are proposed for the project. the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed.
Sanitary sewer may be required during the project for discharge of
dewatering water, or collected stormwater. Sanitary service would be
provided by the Southwest Suburban Sewer District.
C. Signature
The above answers are true and complete to the best of my knowledge. i
understand that the lead agency is relying on them to make its decision.
(/'Ibv"/ f
A? /
.A-'/'./-_' 3"
\
Signature:
Date Submitted: br/'Z/Jf/j
18
Cleanup Action Plan Figure A.1
Lora Lake Apartments Site Miller Creek 100-Year
Burien Washington Floodplain
DRAFT
Exhibit C
Lora Lake Apartments Site
Exhibit C: Scope of Work and Schedule
Deliverable/Milestone Completion/Due Date
Lodge Consent Decree in Court 12/31/2013
Progress Reports Monthly on the 15th of the month
beginning after effective date of Consent
Cost Estimate for Consent Decree Implementation (per 60 days after effective date of Consent
Consent Decree Section XXI) Decree
Proof of Financial Assurances 60 days following Ecology approval of the
(per Consent Decree Section XXI) Cost Estimate for Consent Decree
Implementation
Annual Financial Assurance Report Annually, within 30 days of the
(per Consent Decree Section XXI) anniversary date of Consent Decree
Draft Compliance Monitoring Plan for the LL Apartments Submitted to Ecology within 30 days of
Parcel and DMCA effective date of Consent Decree
Final Compliance Monitoring Plan for the LL Apartments Submitted to Ecology within 30 days
Parcel and DMCA following receipt of Ecology comments
Draft 60% LL Apartments Parcel and DMCA EDR 2/1/2015
Draft 100% LL Apartments Parcel and DMCA EDR, Project 8/1/2015
Plans and Specifications, and O&M Plan
Final 100% LL Apartments Parcel and DMCA EDR, Project 10/1/2015
Plans and Specifications, and O&M Plan
Completion of LL Apartments Parcel and DMCA Cleanup 12/31/2017
Construction
Draft LL Apartments Parcel and DMCA As Built Report Submitted to Ecology within 90 days of
(includes Environmental Covenants for LL Apartments Parcel completion of LL Apartments Parcel
and DMCA) Cleanup Construction
Final LL Apartments Parcel and DMCA As Built Report Submitted to Ecology within 30 days of
(includes Environmental Covenants for LL Apartments Parcel receipt of Ecology comments on the Draft
and DMCA) As Built Report
Submit proof of recording of LL Apartments Parcel and 6/15/2018
DMCA Environmental Covenants to Ecology
Groundwater compliance with Cleanup Levels achieved 12/31/2022
throughout the Site
As Built Report for final barrier to wildlife on the LL 12/31/2021
Apartments Parcel
Draft 60% LL Parcel EDR 2/1/2015
(includes Compliance Monitoring Plan and O&M Plan)
Draft 100% LL Parcel EDR, Project Plans and Specifications, 8/1/2015
Compliance Monitoring Plan, and O&M Plan
Final 100% LL Parcel EDR, Project Plans and Specifications, 10/1/2015
Compliance Monitoring Plan, and O&M Plan
Completion of LL Parcel Cleanup Construction 12/31/2017
Draft LL Parcel As Built Report (includes Environmental Submitted to Ecology within 90 days of
Covenant for LL Parcel) completion of LL Parcel Cleanup
Construction.
Final LL Parcel As Built Report (includes Environmental Submitted to Ecology within 30 days of
Covenant for LL Parcel) receipt of Ecology comments on the Draft
As Built Report.
Submit proof of recording of LLA Parcel Environmental 6/15/2018
Covenants to Ecology
Periodic Reviews Conducted by Ecology Every 5 years from the effective date of
Consent Decree
Page 1 of 1 Consent Decree Exhibit C
Exhibit D
Washington State
Department of Ecology Lora Lake Apartments Site
EXHIBIT D:
Applicable or Relevant and Appropriate Requirements
Approvals/permits required:
Local Approvals/Permits:
King County Industrial Discharge Authorization
Federal Approvals/Permits:
US Army Corps of Engineers (USACE) Clean Water Act Section 404 Nationwide
Permit No. 38
(Required for the Lora Lake (LL) Parcel remedial action)
State Approvals/Permits:
Washington State Department of Ecology (Ecology) State Environmental Policy Act
(SEPA) Checklist
Ecology National Pollutant Discharge Elimination System (NPDES) Construction
General Permit
Washington State Department of Fish and Wildlife (WDFW) Hydraulic Project
Approval (Required for the LL Parcel remedial action)
Page 1 of 1 Consent Decree Exhibit D
Exhibit E
Washington State
Department of Ecology Lora Lake Apartments Site
EXHIBIT E:
Procedurally Exempt Requirements
Approvals/Permits Required:
City of Burien Clearing and Grading Permit (Project is exempt from the procedural
requirements, but must comply with the substantive requirements of this law.
WAC 173-340-710)
City of SeaTac Clearing and Grading Permit (Project is exempt from the procedural
requirements, but must comply with the substantive requirements of this law.
WAC 173-340-710)
City of SeaTac Critical Area Review (Project is exempt from the procedural
requirements, but must comply with the substantive requirements of this law.
WAC 173-340-710)
Page 1 of 1 Consent Decree Exhibit E
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