3-Attachment C. Phase I Environmental Update - Sparrow Main Lot.pdf

Sparrow Street Property, Milwaukie, Oregon Phase I Environmental Site Assessment

Prepared for:

Metro 600 Northeast Grand Avenue Portland, Oregon 97232-2736

City of Milwaukie 10722 SE Main Street Milwaukie, OR 97222

Prepared by:

Stantec Consulting Services Inc.

806 SW Broadway, Suite 200 Portland, Oregon 97205-3340

Project No.: 185750638

March 25, 2019

City of Milwaukie: RFP for Design and Development of the Sparrow Site Attachment C

ATTACHMENT C

Sign-off Sheet and Signatures of Environmental Professionals

Project No.: 185750638

This document entitled Sparrow Street Property, Milwaukie, Oregon Phase I Environmental Site Assessment was prepared by Stantec Consulting Services Inc. (Stantec) for Metro and the City of Milwaukie. The material in it reflects Stantec’s best judgment in light of the information available to it at the time of preparation. Any use which a third party makes of this report, or any reliance on or decisions made based on it, are the responsibilities of such third parties. Stantec accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this report.

All information, conclusions, and recommendations provided by Stantec in this document regarding the Phase I ESA have been prepared under the supervision of and reviewed by the professionals whose signatures appear below.

I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in § 312.10 of 40 CFR 312. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the Property. I have developed and performed all the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

Author (signature)

Carrie Rackey, CHMM Senior Associate

Quality Reviewer (signature)

Jacqueline Brenner Project Scientist

Independent Reviewer (signature)

Patrick Vaughan, MS, CEM Principal

SPARROW STREET PROPERTY, MILWAUKIE, OREGON

PHASE I ENVIRONMENTAL SITE ASSESSMENT

Project No.: 185750638 i

Table of Contents

ABBREVIATIONS ......................................................................................................................... I

1.0 SUMMARY ....................................................................................................................1.1

2.0 INTRODUCTION ...........................................................................................................2.1

2.1 PROPERTY DESCRIPTION ................................................................................................ 2.2

2.2 SPECIAL TERMS, CONDITIONS, AND SIGNIFICANT ASSUMPTIONS ............................ 2.3

2.3 EXCEPTIONS AND LIMITING CONDITIONS ................................................................... 2.3

2.4 PERSONNEL QUALIFICATIONS ....................................................................................... 2.4

3.0 USER-PROVIDED INFORMATION .................................................................................3.1

4.0 RECORDS REVIEW ........................................................................................................4.1

4.1 PHYSICAL SETTING .......................................................................................................... 4.1

4.1.1 Property Topography and Surface Water Flow ...................................... 4.2

4.1.2 Regional and Property Geology ............................................................... 4.2

4.1.3 Regional and Property Hydrogeology ..................................................... 4.2

4.2 FEDERAL, STATE AND TRIBAL ENVIRONMENTAL RECORDS ........................................ 4.2

4.2.1 Listings for Property ...................................................................................... 4.3

4.2.2 Listings for Nearby Sites with Potential to Impact Property .................... 4.3

4.3 LOCAL/REGIONAL ENVIRONMENTAL RECORDS ........................................................ 4.4

4.3.1 City of Milwaukie and Clackamas County .............................................. 4.4

4.3.2 Fire Department ........................................................................................... 4.5

4.4 HISTORICAL RECORDS REVIEW ..................................................................................... 4.5

4.4.1 Land Title Records/Deeds .......................................................................... 4.5

4.4.2 Aerial Photographs ...................................................................................... 4.5

4.4.3 City Directories ............................................................................................. 4.6

4.4.4 Historical Fire Insurance Maps .................................................................... 4.7

4.4.5 Historical Topographic Maps ..................................................................... 4.7

4.4.6 Previous Environmental Studies ................................................................. 4.8

5.0 SITE RECONNAISSANCE ..............................................................................................5.1

5.1 SITE RECONNAISSANCE METHODOLOGY ................................................................... 5.1

5.2 GENERAL DESCRIPTION ................................................................................................. 5.1

5.3 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS .......................................... 5.2

5.4 EXTERIOR OBSERVATIONS .............................................................................................. 5.2

5.5 UNDERGROUND STORAGE TANKS/STRUCTURES ......................................................... 5.3

5.6 ABOVEGROUND STORAGE TANKS ............................................................................... 5.4

5.7 ADJOINING PROPERTIES ................................................................................................ 5.4

5.7.1 Current Uses of Adjoining Properties ......................................................... 5.4

5.7.2 Observed Evidence of Past Uses of Adjoining Properties ...................... 5.4

5.7.3 Pits, Ponds or Lagoons on Adjoining Properties ....................................... 5.4

5.8 OBSERVED PHYSICAL SETTING ...................................................................................... 5.5

6.0 INTERVIEWS ..................................................................................................................6.1

7.0 EVALUATION ................................................................................................................7.1

7.1 FINDINGS AND OPINIONS ............................................................................................. 7.1

7.2 DATA GAPS ..................................................................................................................... 7.1

Project No.: 185750638 ii

7.3 CONCLUSIONS AND RECOMMENDATIONS ................................................................ 7.2

8.0 NON-SCOPE CONSIDERATIONS .................................................................................8.1

9.0 REFERENCES .................................................................................................................9.1

LIST OF FIGURES

FIGURE 1 Property Location Map FIGURE 2 Property Vicinity Map

LIST OF APPENDICES

PHOTOGRAPHS OF THE PROPERTY AND VICINITY

STANTEC RESUMES

USER PROVIDED RECORDS

ENVIRONMENTAL AGENCY DATABASE SEARCH REPORT

APPENDIX E HISTORICAL USE RECORDS

Project No.: 185750638 i

Abbreviations AAI All Appropriate Inquiry

AST Aboveground Storage Tank

ASTM American Society for Testing and Materials

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

CFR Code of Federal Regulation

CREC Controlled Recognized Environmental Conditions

DEQ Oregon Department of Environmental Quality

EP Environmental Professional

EPA Environmental Protection Agency

ESA Environmental Site Assessment ft amsl Feet above mean sea level

HREC Historical Recognized Environmental Conditions

LUST Leaking Underground Storage Tank

ODOT Oregon Department of Transportation

PAHs Polynuclear Aromatic Hydrocarbons

PCBs Polychlorinated Biphenyls

RCRA Resource Conservation and Recovery Act

REC Recognized Environmental Conditions

TriMet Tri-County Metropolitan Transportation District of Oregon

USGS United States Geological Survey

UST Underground Storage Tank

SUMMARY

March 25, 2019

Project No.: 185750638 1.1

1.0 SUMMARY

Stantec Consulting Services Inc. (Stantec) has completed a Phase I Environmental Site Assessment (ESA) report of the property located north of the intersection of Southeast Sparrow Street and Southeast 25th Avenue in Milwaukie, Oregon (the “Property”), on behalf of Metro (Client) and the City of Milwaukie. We understand that the City of Milwaukie is considering purchasing the Property for residential redevelopment. The City of Milwaukie (the “User”) has been designated as the User of this report.

The Phase I ESA was conducted in conformance with the requirements of ASTM International (ASTM) Designation E1527-13, except as may have been modified by the scope of work, and terms and conditions, requested by Metro. Any exceptions to, or deletions from, the ASTM practice are described in Section 2.3.

The Property consists of 1.96 acres of unimproved land identified by the Clackamas County Tax Assessor records as tax lot 11E36CC00300. The Property is owned by the Tri-County Metropolitan Transportation District of Oregon (TriMet). TriMet has previously used the Property as a construction staging yard. The Property was previously owned and used by the Oregon Department of Transportation (ODOT) as a yard for storage of stockpiled material consisting of asphalt grindings, mixed sand and gravel, and leaf debris. There are no structures on the Property.

There has been no known improvement of the Property except for fencing, and clearing and placement of gravel and asphalt on the ground surface. At the time of the site visit, the Property was gravel-covered with patches of asphalt beneath the gravel observed in some areas.

Concrete ties, as well as broken concrete and asphalt were observed in the vegetated areas of the Property. A gravel stockpile is present at the northeast corner of the Property adjacent to the slope to the northern property boundary. The western boundary is vegetated with trees, and slopes steeply upward approximately 20 to 25 feet. The northern property boundary slopes steeply downward approximately 30 feet to an unnamed creek. Surrounding properties are primarily residential. A bike/pedestrian trail, light rail line, and Southeast McLoughlin Boulevard are located directly to the east, beyond which is an apartment complex and Kellogg Creek. Residences are located to the south and west.

In February 2018, Stantec reviewed a Phase II ESA report for the Property prepared by Landau Associates in 2012 (Landau, 2012). The Phase II ESA was conducted on behalf of TriMet prior to acquisition of the Property from ODOT for use as a construction staging yard. The Phase II ESA consisted of advancing seven direct-push borings (B-1 through B-7) to depths ranging from 5 to 25 feet below ground surface (bgs). No groundwater was encountered during the investigation. A total of 10 discrete soil samples were collected for laboratory analysis. The laboratory results identified detectable concentrations of metals and petroleum. In February 2018, Stantec compared the laboratory results from the 2012 Phase II ESA to 2018 Oregon Department of Environmental Quality (DEQ) risk-based concentrations (RBCs) for residential, urban residential, SUMMARY

March 25, 2019

Project No.: 185750638 1.2 and commercial use, and for construction and excavation workers. The results were presented to Metro in a Memorandum dated February 9, 2018 (Stantec, 2018a). The memo concluded that: 1) direct contact (skin contact, dust inhalation, and/or ingestion) with polynuclear aromatic hydrocarbons (PAHs) in soil may pose a risk to site users if the Property is redeveloped for residential use; and 2) soil with lead and PAHs above DEQ background/clean fill screening values must be managed appropriately during redevelopment.

In March 2018, Stantec completed a Phase I ESA of the Property (Stantec, 2018b). Based on the Phase I ESA Stantec concluded that the detection of metals and petroleum in soil at the Property represented a REC and recommended additional assessment.

In July 2018, Stantec conducted a Phase II ESA to support the City of Milwaukie’s redevelopment planning for the Property (Stantec, 2018c). Stantec conducted soil sampling across the Property using the Incremental Sampling Methodology (ISM), and collected composite surface soil samples in areas of the Property where signs of transient camping were present at the time of the Phase II ESA. No groundwater was encountered during the Phase II ESA. Stantec concluded that mitigation of soil impacts (soil removal or surface capping) is warranted if the Property will be redeveloped for residential use due to the presence of benzo(a)pyrene, arsenic, and diesel-range hydrocarbons. Stantec also concluded that DEQ clean fill screening values were exceeded for PAHs, arsenic, lead, and zinc, and recommended developing a Contaminated Media Management Plan (CMMP) to guide worker protection and soil handling and disposal practices during site redevelopment.

We have performed a Phase I Environmental Site Assessment of the Property in conformance with the scope and limitations of ASTM Practice E1527-13. Any exceptions to, or deletions from, this practice are described in the Data Gaps section of this report. It is our opinion that the detection of metals and petroleum constituents in soil at the Property represents a recognized environmental condition (REC) for the Property as defined by ASTM E1527-13. Assessments conducted to date have identified petroleum constituents and metals at concentrations that warrant mitigation prior to Property reuse. Assessments conducted to date appear to have adequately characterized the degree and extent of past releases, and the City of Milwaukie is working with DEQ to establish a Prospective Purchaser Agreement (PPA) for the Property. Based on current conditions, documented assessments, and redevelopment plans, no further assessment appears to be warranted at this time.

Stantec recommends the City of Milwaukie develop a CMMP in accordance with DEQ guidance.

If the current Property use or redevelopment plans change, Stantec recommends involving a qualified environmental consultant and DEQ to evaluate the need for further assessment.

The preceding summary is intended for informational purposes only. Reading of the full body of this report is recommended.

INTRODUCTION

March 25, 2019

Project No.: 185750638 2.1

2.0 INTRODUCTION

The objective of this Phase I ESA was to perform appropriate inquiry into the past ownership and uses of the Property consistent with good commercial or customary practice as outlined by the ASTM in “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”, Designation E1527-13. The purpose of this Phase I ESA was to identify, to the extent feasible, adverse environmental conditions including recognized environmental conditions (“RECs”) of the Property.

The ASTM E1527-13 standard indicates that the purpose of the Phase I ESA is to identify RECs, including historical recognized environmental conditions (“HRECs”), and controlled recognized environmental conditions (“CRECs”) that may exist at a property. The term “recognized environmental conditions” means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property:

(1) Due to any release to the environment;

(2) Under conditions indicative of a release to the environment; or

(3) Under conditions that pose a material threat of a future release to the environment.

ASTM defines a “HREC” as a REC that has occurred in connection with the property, but has been addressed to the satisfaction of the applicable regulatory authority and meets unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Before calling the past release a HREC, the environmental professional must determine whether the past release is a REC when the current Phase I ESA is conducted (for example, if there has been a change in the regulations). If the EP considers the past release to be a REC at the time the Phase I ESA is conducted, the condition shall be included in the conclusions section of the report as a REC.

ASTM defines a “CREC” as a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), but with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls).

De minimis conditions are not RECs. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. As indicated, the term REC does not include de minimis conditions, which generally do not present a threat to human health or the

INTRODUCTION

March 25, 2019

Project No.: 185750638 2.2 environment and would not likely be subject to enforcement action if brought to the attention of governmental agencies.

The scope of work conducted during this Phase I ESA consisted of a visual reconnaissance of the Property, interviews with key individuals, and review of reasonably ascertainable documents. The scope of work did not include an assessment for environmental regulatory compliance of any facility ever operated at the Property (past or present), or sampling and analyzing of environmental media. Stantec was not contracted to perform any independent evaluation of the purchase or lease price of the Property and its relationship to current fair market value. The conclusions presented in this ESA report are professional opinions based on data described herein.

The opinions are subject to the limitations described in Section 2.3.

ASTM E1527-13 notes that the availability of record information varies from source to source. The User or Environmental Professional is not obligated to identify, obtain, or review every possible source that might exist with respect to a property. Instead, ASTM identifies record information that is reasonably ascertainable from standard sources. “Reasonably ascertainable” means:

(1) Information that is publicly available;

(2) Information that is obtainable from its source within reasonable time and cost constraints; and

(3) Information that is practicably reviewable.

2.1 PROPERTY DESCRIPTION

The Property consists of 1.96 acres of unimproved land identified by the Clackamas County Tax Assessor records as tax lot 11E36CC00300. The Property is owned by the Tri-County Metropolitan Transportation District of Oregon (TriMet). TriMet has previously used the Property as a construction staging yard. The Property was previously owned and used by the Oregon Department of Transportation (ODOT) as a yard for storage of stockpiled material consisting of asphalt grindings, mixed sand and gravel, and leaf debris. There are no structures on the Property. There has been no known development on the Property.

At the time of the site visit, the Property was gravel covered with patches of asphalt beneath the gravel observed in some areas. Concrete ties, as well as broken concrete and asphalt were observed in the vegetated areas of the Property. A gravel stockpile is present at the northeast corner of the Property adjacent to the slope to the northern property boundary. The western boundary is vegetated with trees and slopes steeply up approximately 20 to 25 feet. The northern property boundary slopes steeply down approximately 30 feet to an unnamed creek. Surrounding properties are primarily residential. A bike/pedestrian trail, light rail line, and Southeast McLoughlin Boulevard are located directly to the east, beyond which is an apartment complex and Kellogg Creek. Residential homes are located to the south and west. A Property location map is illustrated on Figure 1. A Property vicinity map illustrating the main features of the Property is provided as Figure 2. Photographs taken during the site visit are provided in Appendix A.

INTRODUCTION

March 25, 2019

Project No.: 185750638 2.3

2.2 SPECIAL TERMS, CONDITIONS, AND SIGNIFICANT ASSUMPTIONS

It is assumed that the purpose of this Phase I ESA is to qualify the User, in part, for landowner protection from CERCLA liability and to facilitate the purchase of the Property. The possible contaminants of concern considered in this assessment include those hazardous compounds listed under CERCLA and petroleum products. There were no special terms, conditions, or significant assumptions associated with the Phase I ESA.

2.3 EXCEPTIONS AND LIMITING CONDITIONS

This report documents work that was performed in accordance with generally accepted professional standards at the time and location in which the services were provided. No other representations, warranties, or guarantees are made concerning the accuracy or completeness of the data or conclusions contained within this report, including no assurance that this work has uncovered all potential and actual liabilities and conditions associated with the Property.

This report provides an evaluation of selected environmental conditions associated with the Property at the time the work was conducted and is based on information obtained by and/or provided to Stantec at that time. There are no assurances regarding the accuracy and completeness of this information. All information received from the User or third parties in the preparation of this report has been assumed by Stantec to be correct. Stantec assumes no responsibility for any deficiency or inaccuracy in information received from others.

If a service is not expressly indicated, do not assume it has been provided. If a matter is not addressed, do not assume that any determination has been made by Stantec in regards to it.

Conclusions made within this report consist of Stantec’s professional opinion as of the time of the writing of this report and are based solely on the scope of work described in the report, the limited data available, and the results of the work. They are not a certification of the Property’s environmental condition.

The User did not provide or contract Stantec to provide recorded title records or search results for environmental liens or activity and use limitations encumbering the Property or in connection with the Property. Stantec did not obtain historical records that document the Property history in 5-year intervals and this resulted in data gaps. Although these data failures represent data gaps, they are not considered significant. Based on the information obtained during the course of this ESA and general knowledge of development at and near the Property, the absence of this information did not affect the ability of the Environmental Professionals to identify RECs, HRECs, CRECs, or de minimis conditions.

This report relates solely to the specific project for which Stantec was retained and the stated purpose for which this report was prepared and shall not be used or relied upon by the User identified herein for any variation or extension of this project, any other project, or any other purpose.

INTRODUCTION

March 25, 2019

Project No.: 185750638 2.4

This report has been prepared for the exclusive use of Metro and the City of Milwaukie. Any use of or reliance on this report by any third party is prohibited, except as may be consented to in writing by Stantec or as required by law. The provision of any such consent is at Stantec’s sole and unfettered discretion and will only be authorized pursuant to the conditions of Stantec’s standard form reliance letter. Stantec assumes no responsibility for losses, damages, liabilities, or claims, howsoever arising, from third party use of this report.

Project Specific limiting conditions are provided in Section 2.2.

The locations of any utilities, buildings and structures, and property boundaries illustrated in or described within this report, if any, including pole lines, conduits, water mains, sewers and other surface or sub-surface utilities and structures are not guaranteed.

The conclusions are based on the conditions encountered at the Property by Stantec at the time the work was conducted. Accordingly, additional studies and actions may be required. As the purpose of this report is to identify selected Property conditions which may pose an environmental risk; the identification of non-environmental risks to structures or people on the Property is beyond the scope of this assessment. The findings, observations, and conclusions expressed by Stantec in this report are not an opinion concerning the compliance of any past or present owner or operator of the Property which is the subject of this report with any federal, state, provincial or local law or regulation.

This report presents professional opinions and findings of a scientific and technical nature. It does not and shall not be construed to offer a legal opinion or representations as to the requirements of, nor compliance with, environmental laws, rules, regulations or policies of federal, state, provincial or local governmental agencies. Issues raised by the report should be reviewed by Metro’s legal counsel.

Stantec specifically disclaims any responsibility to update the conclusions in this report if new or different information later becomes available or if the conditions or activities on the property subsequently change.

2.4 PERSONNEL QUALIFICATIONS

This Phase I ESA was conducted by, or under the supervision of, an individual that meets the ASTM definition of an Environmental Professional (EP). The credentials of the EP and other key Stantec personnel involved in conducting this Phase I ESA are provided in Appendix B.

USER-PROVIDED INFORMATION

March 25, 2019

Project No.: 185750638 3.1

3.0 USER-PROVIDED INFORMATION

ASTM E1527-13 describes responsibilities of the User to complete certain tasks in connection with the performance of “All Appropriate Inquiries” into the Property. The ASTM standard requires that the Environmental Professional request information from the User on the results of those tasks because that information can assist in the identification of RECs, CRECs, HRECs, or de minimis conditions in connection with the Property. To assist in meeting this requirement, Metro and the City of Milwaukie have delegated completion of the User questionnaire to TriMet based on their knowledge of the Property history and use. Although the City of Milwaukie is the “User” of this report, TriMet and Mr. Kaiel are the knowledgeable sources of information for the Property and provided responses to the questionnaire, summarized below.

Description of Information Provided

(Yes / No)

Description and/or Key Findings

User Questionnaire Yes User Questionnaire Environmental Liens or Activity Use Limitations

No None identified by Mr. Kaiel.

Previous Environmental Permits or Reports Provided by User

Yes Mr. Kaiel provided three previous environmental reports for the Property (see Section 4.4.6).

Purpose of the Phase I ESA Yes To support acquisition and redevelopment of the Property.

Mr. Kaiel stated that the purchase price reflects the cost to clean up the Property for residential use and that all known documents related to the environmental condition of the Property have been provided to the City of Milwaukie.

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.1

4.0 RECORDS REVIEW

The objective of consulting historical sources of information is to develop the history of the Property and surrounding area, in order to evaluate if past uses may have resulted in RECs. Physical setting records are evaluated to determine if the physical setting may have contributed to adverse environmental conditions in connection with the Property. During the review of historical records, Stantec attempted to identify uses of the Property from the present to the first developed use of the Property. Stantec’s research included the reasonably ascertainable and useful records described in this section.

4.1 PHYSICAL SETTING

A summary of the physical setting of the Property is provided in the table below with additional details in the following subsections

Topography: The Property is generally flat, but slopes gently down to the northeast. The elevation at the Property is approximately 50 feet (ft) above mean sea level (amsl) at the northern boundary to 80 ft amsl at the southern boundary. The western boundary of the Property slopes steeply up approximately 25 ft and the northern boundary slopes steeply down approximately 30 ft to an unnamed creek.

Soil/Bedrock Data: Based on the previous Phase II ESA, soils consist of up to 5 ft of gravel underlain by fine and medium sands with silt layers as thick as 2 ft down to a depth of at least 25 ft bgs.

Estimated Depth to Groundwater/ Estimated Direction of Gradient:

No groundwater was encountered down to a depth of 25 ft bgs during the Phase II ESAs at the Property;

however, groundwater has been identified in a well within 0.5 miles of the Property at 23 ft bgs. A small creek northwest of the Property is approximately 35 ft lower in elevation, which suggests that groundwater in the near vicinity may be at that depth or deeper.

Based on the presence of Kellogg Creek approximately 475 feet east of the Property which flows northward to the Willamette River, groundwater in the vicinity is anticipated to flow to the north-northeast.

Note: Site-specific groundwater direction and depth can only be determined by conducting site-specific testing, which Stantec has not conducted.

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.2

4.1.1 Property Topography and Surface Water Flow

The Property is generally flat, but slopes gently towards the northeast. The elevation is approximately 50 ft amsl at the northern boundary and 80 ft amsl at the southern boundary. The western boundary of the Property slopes steeply up approximately 25 ft and the northern boundary slopes steeply down approximately 30 ft to an unnamed creek. The general topography in the near vicinity of the Property slopes downward towards the northeast toward Kellogg Creek, located approximately 475 ft northeast of the Property. Based on the topography, surface water on the Property would be anticipated to infiltrate the ground surface or flow overland to the north-northeast.

4.1.2 Regional and Property Geology

The Property is underlain by Quaternary-age unconsolidated fluvial and lacustrine deposits (silt, sand, and gravel) of Pleistocene-series age. This material overlies the Miocene-series Columbia River Basalt Group (Trimble, 1963). Based on the Geologic Map of the Lake Oswego Quadrangle (Beeson et al., 1989), the bedrock geology in the vicinity of the Property consists of a sequence of subaerial basaltic lava flows and associated sediments that unconformably underlie flows of the Columbia River Basalt Group. The top of the basalt in this area is marked by a deeply weathered zone (greater than 30 ft thick), except where it has been scoured away by flood waters or normal river downcutting (Benson, et al., 1989).

Phase II ESAs conducted at the Property noted that soils consist of up to 5 ft of gravel underlain by fine and medium sands with silt layers as thick as 2 ft down to a depth of at least 25 ft bgs.

4.1.3 Regional and Property Hydrogeology

No groundwater was encountered down to 25 ft bgs during the previous Phase II ESAs conducted at the Property. Online records from the Oregon Water Resources Department (OWRD) indicate that groundwater was encountered in a monitoring well within 0.5 miles north of the Property at 23 ft bgs. It should be noted that a shallow water table is often a subdued expression of surface topography. Shallow groundwater generally flows from areas of groundwater recharge, such as hills and broad uplands, to areas of groundwater discharge, such as wetlands, rivers, and lakes. Based on the local surface topography, local shallow groundwater is expected to flow towards the north-northeast towards Kellogg Creek and its confluence with the Willamette River.

Other man-made features such as wells, roads, filled areas, buried utility lines and sewers, and drainage ditches may alter the natural shallow groundwater flow direction. Also, there is a small creek northwest of the Property, approximately 35 ft lower in elevation, which suggests that groundwater in the near vicinity may be at that depth or deeper.

4.2 FEDERAL, STATE AND TRIBAL ENVIRONMENTAL RECORDS

A regulatory agency database search report was obtained from Environmental Data Resources, Inc. (EDR), a third-party environmental database search firm. A complete copy of the database

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.3 search report, including the date the report was prepared (March 5, 2019), the date the information was last updated, and the definition of databases searched, is provided in Appendix D.

Stantec evaluated the information listed within the database relative to potential impact to the Property, assessing the potential for impacts based in part on the physical setting. As part of this process, inferences have been made regarding the likely groundwater flow direction at or near the Property. As described in 4.1.3, the inferred shallow groundwater flow direction is likely to be to the north-northeast. Observations about the Property and surrounding properties made during the Property reconnaissance are provided in more detail in Section 5.

4.2.1 Listings for Property

The Property was identified on the DEQ Environmental Cleanup Site Information (ECSI) database with ECSI ID #6265. The online database record summarizes findings from the reports summarized in Section 4.4.6 of this Phase I ESA. The database record also contains a Draft Consent Judgment for Public Comment and a public notice requesting comments prepared as part of establishing a PPA between the City of Milwaukie (potential purchaser) and DEQ.

4.2.2 Listings for Nearby Sites with Potential to Impact Property

Stantec assessed data presented in the environmental agency database search report to evaluate the potential for conditions to pose a REC, CREC, HREC, or potential concern for the Property. The following surrounding properties were identified as the most likely potential sources of impact to the Property.

The EDR report identified several heating oil tank sites listed in the DEQ leaking underground storage tank (LUST) database. The following sites are either adjacent to the Property, or within

0.125 miles and hydraulically upgradient of the Property assuming groundwater flow to the north-northeast:

• 2320 SE Wren St. located adjacent to the northern boundary of the Property was identified for a release from a heating oil tank. No information on the volume released is provided. The site is listed with a cleanup complete date of February 12, 2013.

• 12323 SE 25th Ave., located approximately 0.03 miles (160 feet) south-southwest of the Property was identified for a release from a heating oil tank. No information on the volume released was reported. The site is listed with a cleanup start date of May 12, 2003 and is in an active status with DEQ. Ms. Ingrid Gaffney with DEQ’s UST program provided additional documents related to this LUST site. A release of heating oil to soil was reported to DEQ on May 12, 2003 by Bill Goff Construction. No additional relevant information was included in the documents provided by Ms. Gaffney.

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.4

• 12302 SE 26th Ave., located approximately 0.03 miles (160 feet) southeast of the Property was identified for a release from a heating oil tank due to corrosion which was discovered during decommissioning. No information on the volume released was reported. The site is listed with a cleanup complete date of March 4, 2013. The site owner is identified as TriMet.

• 2625 SE Lark St. located approximately 0.07 miles (375 feet) southeast of the Property was identified for a release from heating oil tank piping. No information on the volume released was reported. EDR does not identify a cleanup end date or status; however, DEQ’s online LUST database indicates the site is in a closed status with a cleanup complete date of February 11, 2013.

• 12402 SE 26th Ave., located approximately 0.09 miles (475 feet) south-southeast of the Property was identified for a release form a heating oil tank. No information on the volume released was reported. The site is listed with a cleanup complete date of September 2, 2015.

Based on the typically limited volume of heating oil USTs and the depth to groundwater in the Property vicinity, it is our opinion that there is a very low potential for these releases to have migrated to or otherwise impacted the Property, and therefore they do not represent a REC for the Property.

It is our opinion that the remaining listings in the database search report provided in Appendix D do not constitute a REC for the Property.

4.3 LOCAL/REGIONAL ENVIRONMENTAL RECORDS

Stantec checked the following sources to obtain information pertaining to Property use and/or indications of RECs in connection with the Property:

4.3.1 City of Milwaukie and Clackamas County

Agency Name Contact Information Finding

City of Milwaukie www.milwaukieoregongov/ cityrecorder/digital-archives Searched on: 3/19/2019

Stantec searched available online records via the City of Milwaukie’s Digital Archives. The Digital Archives include records such as ordinances, resolutions, proclamations, and historical photographs. No records were identified for the Property.

Clackamas County Assessment and Taxation Online Property Map Search Searched on: 3/19/2019

Clackamas County records show the Property is 1.96 acres and the tax lot number is 11E36CC00300.

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.5

4.3.2 Fire Department

Agency Name Contact Information Finding

Oregon Fire Marshal Online Hazardous Substance Incident Searchable Database Searched on: 3/19/2019

No listings were identified for the Property and no incidents were reported for addresses within the near vicinity of the Property.

4.4 HISTORICAL RECORDS REVIEW

4.4.1 Land Title Records/Deeds

Land title records and deeds were not provided to Stantec for review.

4.4.2 Aerial Photographs

Stantec reviewed historical aerial photographs of the Property and surrounding area provided by EDR. The general type of activity on a property and land use changes can often be discerned from the type and layout of structures visible in the photographs. However, specific elements of a facility's operation usually cannot be discerned from aerial photographs alone. The following table summarizes Stantec’s observations of the reviewed historical aerial photographs. Copies of the aerial photographs are provided in Appendix E.

Year Scale Observations, Property and Adjoining Properties

1934, 1:500’ There is no apparent development on the Property. The western and northern boundaries appear wooded and the remainder of the Property appears to be cleared of vegetation and unpaved.

The present-day configuration of surrounding streets including Sparrow Street and SE 26th Avenue is visible. SE McLoughlin Boulevard is visible and borders the Property to the east, followed by a wooded area and Kellogg Creek approximately 475 ft to the east. Surrounding properties to the west, and south appear to be residential.

1948, 1952, 1:500’ More vegetation is visible on the western and northern parts of the Property from the previous aerial photographs. Objects appear to be present on the northern part of the Property, but details are difficult to discern due to image quality. Surrounding properties appear similar to the previous aerial photographs;

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.6

Year Scale Observations, Property and Adjoining Properties however, a right-of-way is now clearly visible between the eastern boundary of the Property and SE McLoughlin Boulevard.

1960 1:500’ Additional objects are visible on the western part of the Property as compared to the previous aerial photographs, but the image quality is poor, and the objects are not discernable. The Property appears to be undeveloped and surrounded by trees along the boundaries and cleared of vegetation and unpaved in the center. Surrounding properties appear similar to the previous aerial photographs.

1970 1:500’ Fewer objects are visible on the Property as compared to the previous aerial photograph, but details are unclear due to poor image quality. The Property appears undeveloped and surrounded by trees as seen in the previous aerial photographs.

1975, 1981, 1:500’ 1:500’ 1:1,000’

The Property continues to appear undeveloped with no structures, vegetated along the perimeter, and clear in the center. No objects are visible on the Property, but the resolution of the aerial photography is poor. The surrounding property uses appear similar to the previous aerial photographs (residential).

1994 1:500’ The Property appears to be undeveloped, although an object appears to be present near the central portion of the Property.

The details can’t be discerned due to image quality. The Property continues to be bordered by trees and clear in the center. Surrounding property use is similar to the previous aerial photographs. The present-day apartment complex is now visible to the east of McLoughlin Boulevard.

2000, 2006, 1:500’ The Property continues to appear undeveloped with no structures or objects visible. Surrounding property use appears similar to the previous aerial photographs.

2014 1:500’ The Property continues to appear undeveloped; however, objects along the eastern boundary of the Property and in the southwest corner are visible. The objects are not discernable due to poor image quality. Surrounding property use appears similar to the previous aerial photograph.

4.4.3 City Directories

Stantec reviewed available reverse city directories provided by EDR for the Property and surrounding area, in approximately five-year intervals from 1977 to 2014. As the Property does not have a physical address, it was not identified in city directories. Properties immediately

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.7 surrounding the Property to the west and south appear to be residential listings. No indications of RECs were identified in the city directories. A copy of the city directory search report is provided in Appendix E.

4.4.4 Historical Fire Insurance Maps

Fire insurance maps were developed for use by insurance companies to depict facilities, properties, and their uses for many locations throughout the United States. These maps provide information on the history of prior land use and are useful in assessing whether there may be potential environmental contamination on or near the Property. These maps, which have been periodically updated since the late 19th century, often provide valuable insight into historical Property uses. The following table summarizes Stantec’s observations of the reviewed fire insurance maps. The Sanborn® Map Search Report provided by EDR is presented in Appendix E.

Year Occupant of Property/Adjoining Properties;

Indications of Hazardous Substance or Petroleum Usage

1928 No structures are shown on the Property. The Property appears to be divided into 20 lots, and two roads are show within the Property: one east-west road labeled “4th” and a north-south road appears to be a continuation of 9th Avenue. A road is shown adjoining the eastern boundary of the Property. The Portland Electric Power Company’s (P.E.P. CO’s) right-of-way (also referred to as the Portland Traction Company right-of-way per the Clackamas County Tax Assessor tax map for the area) is shown further to the east. Adjacent properties to the west and south are residences. SE McLoughlin Boulevard is shown further to the east.

1931 No significant changes from the previous map are shown on the Property or surrounding sites

1936 No significant changes are noted on the Property. The road to the east of the Property shown in the previous maps is no longer present and the Property is bounded to the east by the P.E.P. Co’s right-of-way. McLoughlin Boulevard is shown to the east of the right-of-way.

4.4.5 Historical Topographic Maps

Stantec reviewed historical USGS 7.5-Minute and 15-Minute Topographic Maps (scale 1:24,000) to help identify past Property usage and areas of potential environmental concern. No RECs were noted during our review of the topographic maps. Copies of the historical maps are provided in Appendix E. The following table summarizes the maps reviewed and our observations.

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.8

Year Scale Observations, Property and Adjoining Properties

1914 1:24,000 No structures are shown on the Property. A railroad is shown directly to the east followed by Kellogg Creek. Structures are shown directly to the south and further to the west of the Property.

1939, 1941 1:24,000 A symbol indicating the presence of a quarry or open pit mine is shown in the location of the Property. No structures are shown on the Property. Present-day surrounding roads including Wren St. to the north, and McLoughlin Boulevard to the east are visible.

1954 1:24,000 The quarry or open pit mine symbol on the Property is no longer present. No structures are shown on the Property. The surrounding area appears similar to the previous topographic map. SE River Rd to the west of the Property is visible.

1961, 1970, 1975, 1984, 1:24,000 The Property and immediate surrounding area appear similar to the previous topographic maps and generally the same through 2014. No structures are shown on the Property.

The topographic maps from 1939 and 1941 show a symbol indicating a potential quarry or pit mine on or near the Property. This feature was not depicted on Sanborn maps from 1931 through 1936, and no obvious indications of a quarry or pit were noted during Stantec’s review of historical aerial photographs dating back to 1936. Observations of soil to 18 feet bgs during a 2012 Phase II ESA of the Property did not indicate the presence of fill material. Based on this information, it is unlikely that a quarry or mine was present on the Property, and it is our opinion that the symbol on the historical topographic maps does not represent a REC for the Property.

4.4.6 Previous Environmental Studies

Landau Associates. February 14, 2011. Phase I Environmental Site Assessment. File No. 3502R-W.

Milwaukie, Oregon.

The report documents a Phase I ESA conducted for six properties in Milwaukie, Oregon, including the Property. The Phase I ESA was conducted by Landau Associates (Landau) for TriMet. TriMet requested the work as part of their due diligence for a light rail line project located in the vicinity of the properties. The following findings and conclusions were reported by Landau.

• No evidence of RECs in connection with the properties was identified.

• The ground surface at the Property was obstructed at the time of the site visit with stockpiled materials including chipped asphalt, mixed sand and gravel, and leaf debris. No evidence of spills or potential releases were identified; however, a representative from ODOT indicated that the stockpiled material may include some petroleum hydrocarbon contamination.

Landau recommended sampling of soil and shallow groundwater (if present) for petroleum

RECORDS REVIEW

March 25, 2019

Project No.: 185750638 4.9 hydrocarbons. Landau also recommended procedures for sampling and analysis of stained soil if any was encountered during TriMet’s planned use for the Property.

Landau Associates. April 3, 2012. Focused Phase II Environmental Site Assessment. File No. 3502V.

SE McLoughlin Boulevard & SE 26th Avenue, Milwaukie, Oregon.

The report, dated April 3, 2012, documents a focused Phase II ESA of the Property conducted by Landau for TriMet on March 8, 2012. The investigation was conducted to evaluate the presence of soil contamination at the Property. The Phase II ESA consisted of advancement of seven direct-push borings (B-1 through B-7) to depths ranging from 5 to 25 feet bgs. No groundwater was encountered during the investigation. A total of 10 discrete soil samples were collected for laboratory analysis of the following constituents:

• 13 priority pollutant metals;

• Diesel- and heavy oil-range hydrocarbons (TPH-Dx and TPH-O);

• Benzene, toluene, ethylbenzene and xylenes (BTEX); and

• Polycyclic aromatic hydrocarbons (PAHs).

The laboratory results were screened against DEQ Risk Based Concentrations (RBCs) for occupational and construction worker receptor scenarios. The results were also screened against DEQ soil clean fill standards for upland uses and DEQ default background concentrations. The results indicated the following:

• All of the detected concentrations of TPH-Dx were less than the DEQ RBC. Although TPH-O was detected in a number of samples, DEQ has not established an RBC for this petroleum range.

• Arsenic was detected in 6 of 10 soil samples at concentrations greater than the RBC, but less than the clean fill standard and the default background concentration.

• Lead concentrations in 6 of the 10 soil samples were greater than both the default background concentrations and clean fill criteria, but less than RBCs.

• All other metals concentrations were less than their respective screening levels.

• Thirteen PAHs were detected in one or more samples at concentrations that exceeded the DEQ clean fill standards.