6-Attachment F. Phase I Environmental - 12302 SE 26th Ave.pdf

12302 SE 26th Avenue, Milwaukie, Oregon Phase I Environmental Site Assessment

July 22, 2022

Prepared for:

City of Milwaukie, Oregon 6101 SE Johnson Creek Blvd Milwaukie, OR 97206

Prepared by:

Stantec Consulting Services Inc.

601 SW 2nd Avenue, Suite 1400 Portland, OR 97204

Project No.: 185706033

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

ATTACHMENT F

Sign-off Sheet and Signatures of Environmental Professionals

Project No.: 185706033

This document entitled 12302 SE 26th Avenue, Milwaukie, Oregon Phase I Environmental Site Assessment was prepared by Stantec Consulting Services Inc. (“Stantec”) for the account of the City of Milwaukie, Oregon (the “City” or “Client”). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec’s professional judgment in light of the scope, schedule and other limitations stated in the document and in the contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others.

Any use which a third party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document.

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.

Author:

Carrie Rackey, CHMM Senior Associate

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.

Quality Reviewer:

Jacqueline Brenner Associate Scientist

Independent Reviewer:

Roxanne Russell, PE Environmental Engineer

PHASE I ENVIRONMENTAL SITE ASSESSMENT

12302 SE 26th Avenue - Milwaukie, Oregon

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

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

4.2.1 Listings for Property .................................................................................... 4.2

4.2.2 Listings for Nearby Sites with Potential to Impact Property .......................... 4.2

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

4.3.1 State of Oregon Fire Marshal ...................................................................... 4.4

4.3.2 State of Oregon Building and/or Planning Permit Records .......................... 4.4

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

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

4.4.1 Land Title Records/Deeds ........................................................................... 4.4

4.4.2 Aerial Photographs ...................................................................................... 4.4

4.4.3 City Directories ............................................................................................ 4.5

4.4.4 Historical Fire Insurance Maps .................................................................... 4.6

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

4.4.6 Other Historical Sources ............................................................................. 4.7

5.0 PROPERTY RECONNAISSANCE ............................................................................... 5.1

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

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

5.3 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS .................................. 5.1

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

5.5 UNDERGROUND STORAGE TANKS/STRUCTURES ................................................. 5.2

5.6 ABOVEGROUND STORAGE TANKS .......................................................................... 5.3

5.7 ADJOINING PROPERTIES .......................................................................................... 5.3

5.7.1 Current Uses of Adjoining Properties .......................................................... 5.3

5.7.2 Observed Evidence of Past Uses of Adjoining Properties ........................... 5.3

5.7.3 Pits, Ponds or Lagoons on Adjoining Properties .......................................... 5.3

5.8 OBSERVED PHYSICAL SETTING ............................................................................... 5.4

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

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

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

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

7.3 CONCLUSIONS ........................................................................................................... 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 Layout and Vicinity Map

LIST OF APPENDICES

APPENDIX A PHOTOGRAPHS OF THE PROPERTY AND VICINITY ............................ A.1

APPENDIX B STANTEC RESUMES................................................................................ B.1

APPENDIX C USER PROVIDED RECORDS ................................................................... C.1

APPENDIX D ENVIRONMENTAL AGENCY DATABASE SEARCH REPORT ................ D.1

APPENDIX E HISTORICAL RECORDS .......................................................................... E.1

Project No.: 185706033 i

Abbreviations

AAI All Appropriate Inquiry

AST aboveground storage tank

ASTM ASTM International

BER business environmental risk bgs below ground surface

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

CFR Code of Federal Regulations

CREC controlled recognized environmental condition

DEQ Oregon Department of Environmental Quality

ECSI Environmental Cleanup Site Information

EDR Environmental Data Resources, Inc.

EP environmental professional

ESA environmental site assessment

HOT heating oil tank

HREC historical recognized environmental condition

LUST leaking underground storage tank msl mean sea level

PAH polyaromatic hydrocarbon

PCB polychlorinated biphenyl

RBC risk-based concentration

REC recognized environmental condition

Stantec Stantec Consulting Services Inc.

USGS United States Geological Survey

UST underground storage tank

VCP Voluntary Cleanup Program

VEC vapor encroachment condition

Summary July 22, 2022

Project No.: 185706033 1.1

1.0 SUMMARY

Stantec Consulting Services Inc. (Stantec) has completed a Phase I Environmental Site Assessment (ESA) of the property located at 12302 SE 26th Avenue, Milwaukie, Oregon (the “Property”), on behalf of the City of Milwaukie, Oregon (the “City” or “Client”). The Phase I ESA was conducted in conformance with the requirements of ASTM International (ASTM) Designation E1527-13, and All Appropriate Inquiry (AAI) as defined by the United States Environmental Protection Agency in Title 40 of the Code of Federal Regulations (CFR), Part 312, except as may have been modified by the scope of work, and terms and conditions, requested by the Client. Any exceptions to, or deletions from, the ASTM or AAI practice are described in Section 2.3. The City has been designated as the User of this report.

The 0.30-acre Property consists of Clackamas County tax lot 11E36CC05100. At the time of the reconnaissance, the Property was vacant with no buildings. The western edge of the Property includes the eastern half of SE 26th Avenue. The Property is surrounded by a vacant lot and single-family residence to the south, SE 26th Avenue and residential sites to the west, a bike path and light rail line to the east, and SE Sparrow Street with a vacant lot beyond to the north. A Property location map is provided as Figure 1. A Property vicinity map showing the main features of the Property and its surroundings is provided as Figure 2. Photographs taken during the site reconnaissance visit are provided in Appendix A.

A review of historical records shows that the Property was first developed with a single-family residence prior to 1970 that was demolished around 2012. Oregon Department of Environmental Quality (DEQ) records show that a heating oil tank (HOT) release was discovered during decommissioning around the time the residence was demolished. DEQ issued a closure letter dated March 4, 2013 for the release cleanup.

We have performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E1527-13 of the Property. Any exceptions to, or deletions from, this practice are described in the Data Gaps section of this report. This assessment has revealed no evidence of recognized environmental conditions (RECs) in connection with the Property except for the following:

• The Property was developed with a residence by 1970 and was in residential use until 2012 when permit records indicate the residence was demolished. DEQ records indicate a leaking HOT was discovered during decommissioning. DEQ issued a closure letter stating the Property was cleaned up appropriately and no further action was needed based on the information provided. This documented release that has been addressed to the satisfaction of DEQ and closed without conditions is considered a historical REC (HREC) for the Property. No further assessment is recommended.

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

Introduction

Project No.: 185706033 2.1

2.0 INTRODUCTION

The objective of this Phase I ESA was to perform AAI 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. AAI is the process for evaluating a property’s environmental conditions for the purpose of qualifying for landowner liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), following final rule of Part 312 of Title 40, CFR. The purpose of this Phase I ESA was to identify, to the extent feasible, adverse environmental conditions including RECs associated with the Property.

The ASTM E1527-13 standard indicates that the purpose of the Phase I ESA is to identify RECs, including 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 a property, but has been addressed to the satisfaction of the applicable regulatory authority and meets current unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (e.g., property use restrictions, activity and use limitations, institutional controls, or engineering controls). Before calling the past release a HREC, the environmental professional (EP) must determine whether the past release is a REC when the current Phase I ESA is conducted (e.g., 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 (e.g., 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 (e.g., property use restrictions, activity and use limitations, institutional controls, or engineering controls).

As defined by ASTM, RECs can include hazardous substances or petroleum products present under conditions in compliance with laws if that presence represents a material threat of future release. The presence of hazardous substances or petroleum products is, however, not a REC if that presence is a de minimis condition. De minimis conditions are minor occurrences of contamination that generally do not present a material risk to human health and would not likely be subject to enforcement action if brought to the attention of governmental agencies.

Introduction

Project No.: 185706033 2.2

As defined by ASTM, RECs can include hazardous substances or petroleum products present under conditions in compliance with laws if that presence represents a material threat of future release. The presence of hazardous substances or petroleum products is, however, not a REC if that presence is a de minimis condition. De minimis conditions are minor occurrences of contamination that generally do not present a material risk to human health and would not likely be subject to enforcement action if brought to the attention of governmental agencies. ASTM also considers the potential for a business environmental risk (BER), defined as a risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of the Property, not necessarily limited to those environmental issues required to be investigated by the ASTM standard. Consideration of BERs may involve addressing one or more ASTM non-scope considerations.

This Phase I ESA was conducted in accordance with a proposal dated June 22, 2022. It was executed by Stantec and the City on the same day. 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 an independent evaluation of the purchase or lease price of the Property and its relationship to current fair market value. The conclusions presented in this Phase I 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 0.30-acre Property consists of Clackamas County tax lot 11E36CC05100. At the time of the reconnaissance, the Property was vacant with no buildings. The western edge of the Property includes the eastern half of SE 26th Avenue. The Property is surrounded by a vacant lot and single-family residence to the south, SE 26th Avenue and residential sites to the west, a bike path and light rail line to the east, and SE Sparrow Street with a vacant lot beyond to the north. A Property location map is provided as Figure 1. A Property map showing the main features of the Property and its surroundings is provided as Figure 2. Photographs taken during the site reconnaissance visit are provided in Appendix A.

Introduction

Project No.: 185706033 2.3

2.2 SPECIAL TERMS, CONDITIONS, AND SIGNIFICANT

ASSUMPTIONS

There were no special terms, conditions, or significant assumptions associated with this 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 and given the schedule and budget constraints established by the client. 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 that was assessed 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 client 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.

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 client 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 this represents data gaps, these data gaps 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 client for any variation or extension of this project, any other project, or any other purpose.

This report has been prepared for the exclusive use of the client identified herein and 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.

Introduction

Project No.: 185706033 2.4

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. Before starting site work, the exact location of all such utilities and structures must be confirmed by the client and the party performing the work, and Stantec assumes no liability resulting from damage to such utilities and structures.

As the purpose of this report is to identify 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, or local governmental agencies. It is recommended that issues raised by the report should be reviewed for the client by its 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 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

Project No.: 185706033 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. The City is the designated User of this report. Mandy Byrd, Development Project Manager with the City, provided the information summarized below.

Description of Information Provided (Yes / No) Description and/or Key Findings

User Questionnaire and/or Interview

Yes A User Questionnaire was completed by the City’s Development Project Manager, Mandy Byrd. A copy of the completed questionnaire dated July 5, 2022 is provided in Appendix C.

Environmental Liens or Activity Use Limitations

Yes Ms. Byrd responded that she has no knowledge of environmental liens or activity use limitations associated with the Property.

Previous Environmental Permits or Reports Provided by User

Yes Ms. Byrd provided a previous 2021 Phase I ESA for the Property and a Phase I and Phase II ESA for the adjoining site to the north on Sparrow St.

Purpose of the Phase I ESA Yes To support affordable housing development associated with the Property.

The User provided information questionnaire is included in Appendix C.

Records Review

Project No.: 185706033 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 and 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 Environmental Data Resources, Inc. (EDR) Physical Setting Summary indicates the Property elevation is approximately 102 feet above mean sea level (msl). The Property topography primarily slopes down to the northeast, though a localized slope is also present to the northwest.

The general topography in the vicinity of the Property slopes downward towards the northeast toward Kellogg Creek, located approximately 500 feet northeast of the Property. Based on the topography, surface water on the Property would be anticipated to infiltrate the ground surface or flow overland generally to the northeast.

Soil/Bedrock Data: Based on information obtained from the EDR Physical Setting Summary, Property soils are mapped as Saum silt loam. This soil type is moderately well and well-draining soil with moderately coarse textures.

A Phase II ESA conducted at an adjoining site (tax lot 11E36CC00300), approximately 200 feet northwest of the Property, identified approximately 5 feet of gravel underlain by fine and medium sands with silt layers as thick as 2 feet down to a depth of at least 25 feet below ground surface (bgs).

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 feet thick), except where it has been scoured away by flood waters or normal river downcutting (Beeson, et al., 1989).

Estimated Depth to Groundwater/ Estimated Direction of Groundwater Migration:

Groundwater depth and direction at the Property is unknown. No groundwater was encountered down to a depth of 25 feet bgs during a Phase II ESA at the site 200 feet to the northwest of the Property; however, groundwater has been identified at 23 feet bgs in a well within 0.5 miles of the Property. A small creek northwest of the Property is approximately 35 feet 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 500 feet east of the Property which flows northward to the Willamette River, groundwater in the vicinity is anticipated to flow to the north-northeast.

Records Review

Project No.: 185706033 4.2

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.

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

4.2 FEDERAL, STATE AND TRIBAL ENVIRONMENTAL RECORDS

A regulatory agency database search report was obtained from EDR, a third-party environmental database search firm. A complete copy of the database search report, including the date the report was prepared, 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 Section 4.1, the inferred 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

Stantec assessed data presented in the environmental agency database search report to evaluate the potential for conditions on the Property to pose a REC, CREC, or HREC for the Property. The Property was identified on several standard environmental record sources searched by EDR.

Listed Facility Name/Address Database Listing REC Heating Oil Tank 12302 SE 26th Avenue

DEQ Leaking Underground Storage Tank

(LUST) ID #03-12-0995 HREC

The Property is listed in the DEQ LUST database due to an HOT release. The release was discovered during decommissioning of the HOT and was due to corrosion of the tank. No information on the volume released was reported. The release is listed with a cleanup complete date of March 4, 2013. A closure letter from DEQ was issued on this date stating that Alpha Environmental Services, Inc. was licensed to provide heating oil tank services and has certified that the cleanup met the DEQ’s requirements. This documented release that has been addressed to the satisfaction of DEQ and closed without conditions is considered an HREC for the Property.

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 on adjacent and nearby sites to pose a REC, CREC, or HREC for the Property.

The evaluation included an opinion of the potential for contamination by hazardous substances or

Records Review

Project No.: 185706033 4.3 petroleum products to migrate to the Property from a nearby property, including by vapor migration or encroachment (i.e., potential for a Vapor Encroachment Condition [VEC]).

Based on this evaluation, the following facilities were identified as the most likely potential sources of impact to the Property. The basis for why each of the following listed databases does or does not represent a REC for the Property is provided.

Listed Facility Name/Address Database Listing Distance/Direction from Property

REC?

(YES / NO)

The Sparrow Property SE Sparrow Street/SE 25th Avenue

ECSI, VCP,

Brownfields

200 feet northwest Cross-gradient

No

The Sparrow Property (north of the intersection of SE Sparrow Street and SE 25th Avenue) is approximately 200 feet northwest of the Property and was identified in the DEQ Environmental Cleanup Site Investigation (ECSI), DEQ Voluntary Cleanup Program (VCP), and Brownfields databases. The Sparrow Property historically was used by TriMet and the Oregon Department of Transportation for stockpiling road construction materials. Prior to this use, the site was within the right-of-way for an electric railroad operated by the Portland Electric Power Company from approximately 1892 to the 1920s or early 1930s. Prior to the installation of the Portland-Milwaukie Light Rail, a Phase II ESA was conducted in 2012 that showed detectable concentrations of petroleum hydrocarbons (including polyaromatic hydrocarbons [PAHs]) and metals in shallow soils at the site. A follow up 2018 Phase II ESA included collection of surface and subsurface soil for analysis of petroleum, metals, and polychlorinated biphenyls (PCBs). Benzo(a)pyrene was found above DEQ urban residential and residential risk-based concentrations (RBCs). Metals (arsenic, zinc, and lead) were found above ecological screening level values. Due to the cross-gradient location of this site from the Property and likely depth of groundwater, it is our opinion that there is a low potential contamination has migrated to the Property and therefore impacts to soil at this site do not represent a REC or a VEC for the Property.

Leaking Heating Oil Tanks 30 records within 0.25 miles of the Property

LUST Within approximately 0.25 miles of the Property No

Thirty leaking HOT sites are within 0.25 miles of the Property. The closest HOT records are located at 2625 SE Lark Street (approximately 100 feet south of the Property); 12402 SE 26th Avenue (approximately 250 feet south of the Property); and 12323 SE 25th Avenue (approximately 320 feet west of the Property). Two of these records have a cleanup completed status as of February 11, 2013 (2625 SE Lark Street) and September 2, 2015 (12402 SE 26th Avenue). The site at 12323 SE 25th Avenue has a reported cleanup start date of May 12, 2003 but is in active status with DEQ. Based on the typically limited volume of HOTs 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.

The remaining listings, including orphan listings, in the database search report provided in Appendix D do not constitute a potential 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:

Records Review

Project No.: 185706033 4.4

4.3.1 State of Oregon Fire Marshal

Agency Name Findings Oregon Fire Marshal Community Right-to-Know Hazardous Substance Incident Search Search Date: 7/20/22

No hazmat incidents at the Property or adjacent sites were identified.

4.3.2 State of Oregon Building and/or Planning Permit Records

Agency Name Findings Oregon ePermitting System Search Date: 7/20/22

Permits related to the demolition of a residential structure were available from 2012 at the Property. Subsequent permits for the Property were for commercial development related to the construction of the adjoining Trolley Trail recreational path.

4.3.3 City of Milwaukie and Clackamas County

Agency Name Contact Information Finding

City of Milwaukie www.milwaukieoregongov/cityrec order/digital-archives Searched on: 7/20/22

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: 7/20/22

Clackamas County records show the Property land use is vacant residential and the tax lot number is 11E36CC05100. The Property size is 0.30 acres.

The zoning is unlisted. The Property owner is listed as the Tri County Metropolitan District of Oregon (Tri Met).

4.4 HISTORICAL RECORDS REVIEW

4.4.1 Land Title Records/Deeds

Land title records, deeds, environmental liens, and activity and use limitation documentation was not provided by the User. No other land title records were reviewed by Stantec as part of this assessment.

4.4.2 Aerial Photographs

Stantec reviewed historical aerial photographs 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

Records Review

Project No.: 185706033 4.5 photographs alone. The following table summarizes Stantec’s observations of the reviewed historical aerial photographs. Aerial photographs provided by EDR are provided in Appendix E.

Year Scale Observations, Property and Adjoining Properties

1936 1:500’ There is no apparent development on the Property, except for the eastern half of SE 26th Avenue. The remainder of the Property appears to be wooded. The present-day configuration of surrounding streets including Sparrow Street, Lark Street, and SE 26th Avenue is visible. The corridor of the Portland Traction Company electric streetcar line is visible offsite along the eastern Property boundary. SE McLoughlin Boulevard is visible to the east, followed by a wooded area and Kellogg Creek approximately 500 feet to the east. The adjoining site to the north across Sparrow Street appears to be cleared for development but unoccupied. Surrounding sites to the west and south appear to be residential.

1948, 1952, 1955, 1960

1:500’ Vegetation on the Property appears partially cleared or thinned, but no structures are visible. Equipment and/or materials appear to be stored on the northern part of the site to the north, but details are difficult to discern due to image quality.

Surrounding sites appear similar to the previous aerial photograph.

1970 1:500’ A light spot on the Property may be a roof visible through the tree canopy. Fewer stored materials are visible on the adjoining site to the north as compared to the previous aerial photographs, but details are unclear due to poor image quality.

Surrounding sites appear similar to the previous aerial photographs.

1975, 1981, 1:500’ 1:500’

1:1,000’

The Property appears unchanged from the prior photograph. No stored materials are visible on the adjoining site to the north, but the resolution of the aerial photography is poor. The surrounding property uses appear similar to the previous aerial photographs.

1994 1:500’ The Property appears to be unchanged from the previous photograph. Stored materials at the adjoining site to the north have changed, but the details cannot be discerned due to image quality. Surrounding site use is similar to the previous aerial photographs. The present-day apartment complex is now visible to the east of McLoughlin Boulevard.

2000, 2006, 2009, 2012, 1:500’ The Property structure is no longer visible either due to removal or the increase in tree canopy cover. The adjoining site to the north contains stored materials along the eastern boundary of the site and in the southwest corner. The objects are not discernable due to poor image quality. Surrounding property use appears similar to the previous aerial photographs.

Aerial photograph source: EDR Aerial Photo Decade Package and Google Earth

No RECs were identified in the review of aerial photographs of the Property and surrounding sites.

4.4.3 City Directories

Stantec retained EDR to research available reverse city directories for the Property, in approximately five-year intervals from 1970 through 2017. The table below summarizes Stantec’s review of the city directory listings information obtained from EDR. All Property listings were reviewed, and findings are summarized in the summary table. A copy of the city directory search report is provided in Appendix E.

Records Review

Project No.: 185706033 4.6

Subject/ Adjoining Property Year Listed Occupants

Property (12302 SE 26th Avenue)

2017 Co Wildish (Residential)

1992, 1995, 2000, 2005, 2010, 2014 Busse, Richard A (Residential)

1970, 1976, 1982, 1987 Unlisted

West Adjoining (12320 SE 26th Avenue)

1970, 1976, 1982, 1987, 1992, 1995, 2000, 2005, 2010, 2014, 2017

Unlisted

South Adjoining (12324 SE 26th Avenue)

2014, 2017 Ernst, Steven (Residential)

1995, 2000, 2005, 2010 Anderson, Eric C (Residential)

1992 Ague, Jeff (Residential)

1970, 1976, 1982, 1987 Unlisted

East Adjoining (No Situs)

-- No address is associated with the east adjoining site – it is comprised of a bike path and light rail.

North Adjoining (No Situs)

-- No address is associated with the north adjoining site across Sparrow Street.

City directory source: EDR City Directory Image Report

No RECs for the Property were identified in the review of city directory listings.

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 land uses. Stantec requested fire insurance maps from EDR and findings regarding the Property are summarized below. A copy of the Sanborn® fire insurance map is presented in Appendix E.

Year Occupant of Property/Adjoining Properties;

Indications of Hazardous Substance or Petroleum Usage

1928, 1931, The Property and the adjoining sites to the north and south are not mapped. To the northwest, west, and southwest are vacant lots and single-family dwellings. Sparrow Street is shown to the northwest.

Historical fire insurance maps source: EDR Certified Sanborn Map Report

No RECs were identified in the Sanborn Fire Insurance Map review.

Records Review

Project No.: 185706033 4.7

4.4.5 Historical Topographic Maps

Stantec reviewed historical Mount Tabor and Portland, Oregon United States Geological Survey (USGS) 15-minute topographic maps to help identify past Property usage and areas of potential environmental concern.

Copies of the historical maps are provided in Appendix E. The following table summarizes the maps reviewed and our observations.

Year Scale Observations, Property and Adjoining Properties

1914 1:24,000 No structures are shown on the Property. A rail line is shown offsite to the east followed by Kellogg Creek. Sparrow Street is visible north of the Property. Small structures are shown in the vicinity.

1939, 1941 1:24,000 No structures are shown on the Property. SE 26th Avenue is depicted at the west side of the Property. A symbol indicating the presence of a quarry or open pit mine is shown on the site northwest of the Property, across SE 26th Avenue and Sparrow Street. Present-day surrounding roads including SE 26th Avenue to the west, SE Lark Street to the south, and McLoughlin Boulevard to the east.

1954 1:24,000 No structures are shown on the Property or vicinity. The quarry or open pit mine symbol on the site to the northwest is no longer present. 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 from 1961 through 2014. No structures are shown on the Property.

Topographic maps source: EDR Historical Topo Map Report

Review of the topographic maps did not reveal any RECs for the Property.

4.4.6 Other Historical Sources

No other historical sources were researched.

Property Reconnaissance

Project No.: 185706033 5.1

5.0 PROPERTY RECONNAISSANCE

A visit to the Property and its vicinity was conducted by Jacqueline Brenner of Stantec on July 20, 2022.

Ms. Brenner was unaccompanied during the visit. Photographs collected during the Property visit are included in Appendix A.

5.1 SITE RECONNAISSANCE METHODOLOGY

The Property reconnaissance focused on observation of current conditions and observable indications of past uses and conditions of the Property that may indicate the presence of RECs. The reconnaissance of the Property was conducted on foot and Stantec utilized the following methodology to observe the Property:

• Traverse the outer Property boundary where accessible; and

• Traverse transects across the Property where possible.

Weather conditions during the visit to the Property were sunny and clear. There were no weather-related Property access restrictions encountered during the reconnaissance visit.

5.2 GENERAL DESCRIPTION

Property and Area Description: At the time of the reconnaissance, the Property consisted of a heavily vegetated vacant former residential lot and the eastern portion of SE 26th Avenue. The Property is in a primarily residential area.

Property Operations: At the time of the reconnaissance the Property was vacant. Historical records show the Property previously was in residential use.

Structures, Roads, Other Improvements:

No structures, roads, or other improvements were observed on the Property, except for the eastern half of SE 26th Avenue.

Property Size (acres): 0.30

Estimated % of Property Covered by Buildings and/or Pavement:

10%

Observed Current Property Use/Operations:

None.

Observed Evidence of Past Property Use(s):

Stantec observed evidence from the Property orientation and fencing that at least a portion of the Property was formerly residential.

Sewage Disposal Method: City of Milwaukie

Potable Water Source: Portland Water Bureau

Electric Utility: Portland General Electric

Natural Gas Utility: NW Natural

5.3 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS

The following table summarizes Stantec’s observations during the Property reconnaissance.

Property Reconnaissance

Project No.: 185706033 5.2

Observations Description/Location Hazardous Substances and Petroleum Products as Defined by CERCLA 42 U.S.C. § 9601(14):

None observed.

Drums (≥ 5 gallons): None observed.

Strong, Pungent, or Noxious Odors: None observed.

Pools of Liquid: None observed.

Unidentified Substance Containers: None observed.

Polychlorinated Biphenyl (PCB)- Containing Equipment:

None observed.

Other Observed Evidence of Hazardous Substances or Petroleum Products:

None observed.

5.4 EXTERIOR OBSERVATIONS

Stantec made the following observations during the site reconnaissance of exterior areas of the Property and/or identified the following information during the interview or records review portions of the assessment:

Observations Description On-site Pits, Ponds, or Lagoons:

None observed.

Stained Soil or Pavement: None observed.

Stressed Vegetation: None observed.

Waste Streams and Waste Collection Areas:

None observed.

Solid Waste Disposal: None observed.

Potential Areas of Fill Placement:

None observed.

Wastewater: None observed.

Stormwater: Stormwater catch basins were noted to the north of the Property along the Trolley Trail recreational path and on SE 26th Avenue, in an area adjoining the Property to the northwest.

Wells: No wells were observed.

Septic Systems: No visible evidence of the existence of a septic system was observed.

Other Exterior Observations: None observed.

5.5 UNDERGROUND STORAGE TANKS/STRUCTURES

Existing USTs: No visible evidence (fill pipes, vent pipes, dispensers, surface patches), which would indicate the presence of underground storage tanks (USTs), was discovered during the site reconnaissance.

Property Reconnaissance

Project No.: 185706033 5.3

Former USTs: No visible evidence (fill pipes, vent pipes, dispensers, surface patches) of the former presence of USTs was discovered during the site reconnaissance. DEQ records related to a former UST at the Property are discussed in Section 4.2.1.

Other Underground Structures:

None observed.

5.6 ABOVEGROUND STORAGE TANKS

Existing ASTs:

No visible evidence (fill pipes, vent pipes, dispensers, surface stains), which would indicate the presence of aboveground storage tanks (ASTs), was discovered during the site reconnaissance.

Former ASTs: No visible evidence (fill pipes, vent pipes, dispensers, surface stains), reports, or other evidence of the former presence of ASTs was discovered during this Phase I ESA.

5.7 ADJOINING PROPERTIES

5.7.1 Current Uses of Adjoining Properties

As viewed from the Property and/or from public rights-of-way, Stantec made the following observations about use and activities on adjoining properties:

NORTH Trolley Trail recreational path, SE Sparrow Street, light rail line

EAST Trolley Trail recreational path, light rail line

SOUTH Vacant lot, residential lot

WEST The western portion of SE 26th Avenue, followed by residential

5.7.2 Observed Evidence of Past Uses of Adjoining Properties

Observations of adjoining properties providing indications of past use and activities, if any, are described below.

NORTH None observed.

EAST None observed.

SOUTH It is anticipated due to the location and layout that the south adjoining vacant lot was previously residential.

WEST None observed.

5.7.3 Pits, Ponds or Lagoons on Adjoining Properties

As viewed from the Property and/or from public rights-of-way, Stantec made the following observations about the presence of pits, ponds and lagoons on adjoining properties:

NORTH None observed.

EAST None observed.

SOUTH None observed.

Property Reconnaissance

Project No.: 185706033 5.4

WEST None observed.

5.8 OBSERVED PHYSICAL SETTING

Topography of the Property and Surrounding Area:

The Property and…