ITB 2023-17 Clarifying Questions 1.pdf

INVITATION TO BID #2023-17

Demolition of Miles Fiberglass Building (“BID”)

RESPONSE TO CLARIFYING QUESTIONS #1

February 15, 2023

Note that these are questions submitted by interested firms to the above referenced solicitation.

The below answers are for clarification purposes only and in no way alter or amend the BID as published.

1. Do you have a plan showing the buildings that are to be removed under this ITB and a hazardous materials survey on those buildings available? Also will you require a bid bond for this one?

Answer: An aerial photo of the buildings to be demolished is attached. We do not have any architectural plans for the building. A phase one assessment was done on the property and that is attached. We do not have a hazardous materials survey. Yes a Bid Bond will be required for Bids over $50,000.

End of Clarifying Questions 1

February 3, 2010 Kleinfelder Project Number 108753-A01

Ms. Mary Anderson Clackamas County Development Agency 150 Beavercreek Road Oregon City, OR 97045

Subject: PHASE I ENVIRONMENTAL SITE ASSESSMENT

MILES FIBERGLASS PROPERTY

8855 SE OTTY ROAD

TAX LOTS 700 & 800

HAPPY VALLEY, OREGON

Dear Ms. Anderson:

Enclosed are two bound copies and a .pdf copy of the Phase I Environmental Site Assessment for the above-referenced property. We trust the information presented in this report meets your need at this time. An executive summary is provided; however, we recommend that the report be read in its entirety for a comprehensive understanding of the items contained therein.

We appreciate the opportunity to provide these services for Clackamas County Development Agency. Should you have any questions regarding this report or wish to discuss the conclusions provided, please contact us at 503-644-9447.

Respectfully submitted, KLEINFELDER WEST, INC.

Randall A. Reid Mark R. Underhill, R.G.

Senior Project Manager Environmental Department Manager

108753\A01\POR10R019 February 3, 2010 © 2010 Kleinfelder

9200 SW Nimbus Avenue, Suite A, Beaverton, OR 97008 p | 503.644.9447 f | 503.643.1905

PHASE I ENVIRONMENTAL SITE

ASSESSMENT

MILES FIBERGLASS PROPERTY

8855 SE OTTY ROAD

TAX LOTS 700 & 800

HAPPY VALLEY, OREGON

Kleinfelder Project No. 108753-A01

Kleinfelder West, Inc.

9200 SW Nimbus Avenue, Suite A Beaverton, Oregon 97008

(503) 644-9447

February 3, 2010

Copyright 2010 Kleinfelder All Rights Reserved

ONLY THE CLIENT OR ITS DESIGNATED REPRESENTATIVES MAY USE THIS DOCUMENT AND ONLY FOR THE SPECIFIC

PROJECT FOR WHICH THIS REPORT WAS PREPARED.

108753\A01\ POR10R019 Page i of iv February 3, 2010

9200 SW Nimbus Avenue, Suite A, Beaverton, OR 97008 p | 503.644.9447 f | 503.643.1905

108753\A01\POR10R019 Page ii of iv February 3, 2010

A Report Prepared for:

Clackamas County Development Agency 150 Beavercreek Road Oregon City, OR 97045

PHASE I ENVIRONMENTAL SITE ASSESSMENT

MILES FIBERGLASS PROPERTY

8855 SE OTTY ROAD

TAX LOTS 700 & 800

HAPPY VALLEY, OREGON

Kleinfelder Job No. 108753-A01

Prepared by:

Randall A. Reid Senior Project Manager

Reviewed by:

Mark R. Underhill, R.G.

Environmental Department Manager

KLEINFELDER

9200 SW Nimbus Avenue, Suite A Beaverton, Oregon 97008

(503) 644-9447

February 2, 2010

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TABLE OF CONTENTS

Chapter Page

1 EXECUTIVE SUMMARY

2 INTRODUCTION

2.1 PURPOSE

2.2 DETAILED SCOPE-OF-SERVICES

2.3 ADDITIONAL SERVICES

2.4 SIGNIFICANT ASSUMPTIONS

2.5 LIMITATIONS & EXCEPTIONS

2.6 ENVIRONMENTAL PROFESSIONAL STATEMENT OF QUALIFICATIONS

2.7 SPECIAL TERMS & CONDITIONS

3 SITE DESCRIPTION

3.1 LOCATION AND LEGAL DESCRIPTIONS

3.2 CURRENT OWNERSHIP AND USE OF THE PROPERTY

3.3 DESCRIPTION OF STRUCTURES/IMPROVEMENTS

3.4 CURRENT USES OF ADJOINING PROPERTIES

4 RECORDS REVIEW

4.1 FEDERAL ASTM STANDARD RECORDS

4.2 OREGON STATE RECORDS

4.3 LOCAL AGENCY CONTACTS

4.4 OTHER HISTORICAL DATABASES

4.5 PHYSICAL SETTING SOURCE

4.6 AVAILABLE RADON DATA

4.7 USER PROVIDED INFORMATION

5 HISTORICAL USE OF THE PROPERTY AND ADJOINING PROPERTIES

5.1 SANBORN FIRE INSURANCE MAPS

5.2 CITY DIRECTORIES

5.3 AERIAL PHOTOGRAPHS

5.4 CHAIN-OF-TITLE REPORT

5.5 PREVIOUS ASSESSMENTS

6 SITE RECONNAISSANCE

6.1 METHODOLOGY & LIMITING CONDITIONS

6.2 GENERAL SITE SETTING

6.3 SITE OBSERVATIONS

7 INTERVIEWS

7.1 INTERVIEWS WITH KEY SITE MANAGER/OCCUPANT

8 EVALUATION

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8.1 FINDINGS AND CONCLUSIONS

8.2 DEVIATIONS AND ADDITIONAL SERVICES

8.3 RECOMMENDATIONS

8.4 DATA GAPS

9 REFERENCES

9.1 DOCUMENTS

9.2 PERSONAL INTERVIEWS

PLATES

1: Site Location Map 2: Site Map 3: Site Visit Photographs 4: Site Visit Photographs

APPENDICES

A: EDR Radius Map Report B: EDR Certified Sanborn Map Report, EDR Historical Topographic Map Report, EDR Aerial Photo Decade Package

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1 EXECUTIVE SUMMARY

A Phase I Environmental Site Assessment (Phase I ESA) was conducted for an approximately 3.92-acre site located at 8855 (and 8707) SE Otty Road, Happy Valley, Oregon (See Plate 1, Site Location Map). This report was prepared using the ASTM International, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process E 1527-05.

Kleinfelder’s research of historical resources shows that Miles Fiberglass & Composites have operated at the site since 1986. The previous occupant of the site plant was reportedly a window and door manufacturer. The site was redeveloped from agricultural and rural residential land uses around 1959 with the construction of an industrial-type plant and detached storage and maintenance buildings.

Oregon Department of Environmental Quality (DEQ) lists Miles Fiberglass & Composites as a Resource Conservation Recovery Act (RCRA) small quantity generator of hazardous waste due to the short term storage of acetone, a flammable compound. The business collects spent acetone and recycles it for the manufacturing process. Still bottoms were used in a fiberglass product produced by the company.

U.S. EPA and DEQ did not list the subject site for releases of hazardous compounds to the soil and/or groundwater.

Miles Fiberglass & Composites uses and stores hazardous substances (polyester resins in a styrene base, acetone, methyl ethyl ketone peroxide) for the manufacturing process. Kleinfelder did not observe obvious indications of releases to the subject site ground.

This assessment has revealed no documented recognized environmental conditions based on Kleinfelder’s Phase I ESA research.

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2 INTRODUCTION

This report documents the methodology and findings of a Phase I Environmental Site Assessment (Phase I ESA) for an approximately 3.92-acre site in Happy Valley, Oregon (Plate 1). The Clackamas County Development Agency retained Kleinfelder to perform the work in general accordance with the American Society of Testing and Materials International (ASTM) Standard E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process and Kleinfelder's November 16, 2009, proposal (POR9P085).

Environmental Professional Statement: We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in 40 CFR 312.10. We have the specific qualifications based on education, training, and experience to assess the nature, history, and setting of the subject property. We have developed and performed the “all appropriate inquiries” in general conformance with the standards and practices set forth in 40 CFR Part 312, and subject to the stated limitations of this project and recommendations presented in this report.

Under the ASTM E 1527-05 Phase I ESA standard, the viability of a Phase I ESA has been established as 180 days (approximately 6 months) following the earliest date listed below and prior to transfer of the subject property.

Table of Critical Dates Report Issuance Date February 2, 2010 Date of Interview of Past and Present Owners and Occupants Identified in Section 10 of ASTM 1527-

January 27, 2010

Date of Recorded Environmental Cleanup Lien Search

January 4, 2010

Date of Government Record Review January 4, 2010 Date of Visual Inspection of Subject and Adjoining Properties

January 27, 2010

Earliest Date of Interviews, Lien Search, Record Reviews, and Inspections

January 4, 2010

Report Viability Date July 3, 2010

2.1 Purpose

The purpose of the work described in this report was to identify, to the extent feasible, recognized environmental conditions and other environmental issues existing at the

108753\A01\POR10R019 3 of 45 February 3, 2010 subject property in general accordance with ASTM E 1527-05. A recognized environmental condition is defined as, “the presence, or likely presence, of hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions.”

2.2 Detailed Scope-of-Services

The Phase I ESA generally follows the methodology set forth in ASTM Standard E 1527-05. The scope of work implemented for the Phase I ESA included the following:

The following sections describe Kleinfelder’s work scope:

Section 2, Introduction, includes a discussion of the purpose/reason for performing the Phase I ESA; additional services requested by the Client (e.g., an evaluation of business environmental risk factors associated with the property);

significant assumptions (e.g., property boundaries if not marked in the field);

limitations, exceptions, and special terms and conditions (e.g., contractual); and user reliance parameters. This section also includes Kleinfelder’s “environmental professional” statement.

Section 3, Site Description, is a compilation of information concerning the site location, legal description (if available), current and proposed use of the subject site, ownership, and adjoining property use.

Section 4, Records Review, is a compilation of Kleinfelder’s review of several databases available from the federal, state, and local regulatory agencies regarding hazardous substance use, storage, or disposal at the subject site; and for off-site facilities within the search distance specified in the ASTM standard.

Records provided by the Client are summarized and copies of relevant

108753\A01\POR10R019 4 of 45 February 3, 2010 documents are included in the appendices of this report. Interviews and telephone conversations conducted by Kleinfelder with regulatory agency representatives may be included in Section 4 if applicable to a particular investigation file. Physical setting sources (including topography, soil and groundwater conditions) are also summarized in this section, as is Client-provided information (i.e., title records; environmental liens; specialized knowledge; valuation reduction for environmental issues; and owner, property manager, and occupant information). Other interviews with people knowledgeable about the subject site (including the Client) are included in Section 7.

Section 5, Historical Use of the Property and Adjoining Properties, summarizes the history of the subject site and adjoining properties. This site history is based on various sources which may include: a review of aerial photographs, Sanborn Fire Insurance Maps, city or suburban directories, historical topographic maps, building department records, and results of previous site assessments.

Section 6, Site Reconnaissance, describes Kleinfelder’s observations during the site reconnaissance.

Section 7, Interviews, is a summary of telephone and personal interviews conducted with “Key Site Managers” that may include the owner/manager of the property, occupants/tenants, local government officials, and the Client.

Additional interview sources may be contacted if “Key Site Managers” are not available prior to production of this report and may include adjacent landowners and people with historical knowledge of the area.

Section 8, Evaluation, is a presentation of findings and opinions regarding the information in Sections 3 through 7, and presents our conclusions regarding the presence of recognized environmental conditions connected with the subject site.

Section 9, References, includes pertinent references related to documentation provided in this Phase I ESA report.

Pertinent documentation regarding the subject site is included in appendices of this report.

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2.3 Additional Services

This Phase I ESA does not incorporate non-scope considerations, such as asbestos-containing materials, radon testing, lead-based paint, lead in drinking water, wetlands, regulatory compliance, cultural and historical resources, industrial hygiene, health and safety, ecological resources, endangered species, indoor air quality (e.g., vapor intrusion), and high voltage power lines.

2.4 Significant Assumptions

No significant assumptions were made for the scope of work for this Phase I ESA.

2.5 Limitations & Exceptions

This work was performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder’s profession practicing in the same locality, under similar conditions and at the date the services are provided. Kleinfelder’s conclusions, opinions, and recommendations are based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no other representation, guarantee or warranty, expressed or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided.

This report may be used only by the Clackamas County Development Agency (Client) and only for the purposes stated for this specific engagement. Environmental issues can change with time, and this report is based on the conditions observed at the time of site work and the data that were reviewed at the time the report was prepared. Our findings remain valid until such time that site conditions change and/or new environmental sites are identified that could impact the project area. Should conditions change and/or new environmental sites be identified that could impact the project area, the findings of this report should be updated.

Kleinfelder offers various levels of investigative and engineering services to suit the varying needs of different clients. It should be recognized that definition and evaluation of geologic and environmental conditions are a difficult and inexact science. Judgments leading to conclusions and recommendations are generally made with incomplete knowledge of the subsurface conditions present due to the limitations of data from field

108753\A01\POR10R019 6 of 45 February 3, 2010 studies. Although risk can never be eliminated, more-detailed and extensive studies yield more information, which may help understand and manage the level of risk. Since detailed study and analysis involves greater expense, our clients participate in determining levels of service that provide adequate information for their purposes at acceptable levels of risk. More extensive studies, including subsurface studies or field tests, should be performed to reduce uncertainties. Acceptance of this report will indicate that Client has reviewed the document and determined that it does not need or want a greater level of service than provided.

During the course of the performance of Kleinfelder's services, hazardous materials may have been discovered. Kleinfelder assumes no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury that results from pre-existing hazardous materials being encountered or present on the subject site, or from the discovery of such hazardous materials. Nothing contained in this report should be construed or interpreted as requiring Kleinfelder to assume the status of an owner, operator, or generator, or person who arranges for disposal, transport, storage or treatment of hazardous materials within the meaning of any governmental statute, regulation or order. The Client is solely responsible for directing notification of all governmental agencies, and the public at large, of the existence, release, treatment or disposal of any hazardous materials observed at the site, either before or during performance of Kleinfelder's services. The Client is responsible for directing all arrangements to lawfully store, treat, recycle, dispose, or otherwise handle hazardous materials, including cuttings and samples resulting from Kleinfelder's services.

2.6 Environmental Professional Statement of Qualifications

Mr. Randall Reid, the principal author of this Phase I ESA, has conducted hundreds of Phase I ESAs in his 20-year career with Kleinfelder. Mr. Reid is a Senior Project Manager with experience managing Phase I ESAs, Phase II ESAs, asbestos consulting, wetland assessments, and archaeological/cultural assessments.

Mr. Mark Underhill, the principal QA/QC reviewer, is a registered geologist with the state of Oregon and has conducted hundreds of Phase I ESAs, Phase II ESAs, and environmental remediation projects for the last 19 years. Mr. Underhill qualifies as an Environmental Professional, as defined by ASTM E 1527-05 and AAI rule (40 CFR Part 312).

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2.7 Special Terms & Conditions

No special terms and conditions in addition to those discussed previously were agreed to either by the Client and Kleinfelder in its Proposal Number 6050PROP/POR9P085, dated November 16, 2009.

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3 SITE DESCRIPTION

The site description is presented in this section and describes the condition of the site at the time of the Phase I ESA. The site location is shown on Plate 1. Locations of features referenced in this section are shown in Plates 2.

3.1 Location and Legal Descriptions

Site Name: Miles Fiberglass Property

Site Address: 8855 SE Otty Road (site also includes 8707 SE Otty Road)

City: Happy Valley, OR

County: Clackamas County

Size: 3.92 acres: 2.79 acres (Tax Lot 700) and 1.13 acres (Tax Lot 800)

Tax Lot: 12E28CB00700 and 00800

Township: 1 South Range: 2 East Section: 28

Willamette Meridian, (USGS Gladstone, OR, 7.5' Quadrangle, 1954, 1961, 1970, 1975, 1984).

3.2 Current Ownership and Use of the Property

At the time of this Phase I ESA, the site was owned by Miles Holdings. The current land use of the subject site was a manufacturing business involving fiberglass and composites.

3.3 Description of Structures/Improvements

On the date of the site reconnaissance, the site was occupied by Miles Fiberglass & Composites. According to the company website, the business process capabilities include: open mold spray up; thermoforming; vacuum bagging, resin infusion (closed molding); light resin transfer molding; and hand laid.1 The following buildings were located on the site:

8855 SE Otty Road Main Building: The structure was located on Tax Lot 700 and is the Miles Fiberglass & Composites manufacturing plant. The main building included the company offices.

1 http://www.milesfiberglass.com/capabilities.php

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Maintenance Building: The structure was located in the northwestern corner of Tax Lot 700.

Storage Building: The structure was located in the southwestern portion of Tax Lot 800.

The exterior portions of the site were primarily asphalt-paved. Some vegetated areas were located along the western, northern, and eastern borders. A fuller description of site features is included in Section 6.

3.4 Current Uses of Adjoining Properties

The site is bordered by the following land uses:

North: Tri-Met construction yard for Interstate 205 (I-205) improvement projects

East: Tri-Met Max tracks; I-205; residential areas east of I-205

Southeast: SE Otty Road I-205 overpass

South: SE Otty Road; Spain’s Muffler Services (auto repair)

Southwest: SE Otty Road; Wal-Mart

West: Storage yard owned by Clackamas County Development Agency; vacant graded parcel

Northwest: Tri-Met construction yard

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4 RECORDS REVIEW

A key component of the Phase I ESA is to review regulatory agency records for references to industrial activity, environmental permits, spills, fines, complaints, and other indications that a recognized environmental condition relative to the subject site may exist. Federal and state governments have developed legislation within the past 25 years relating to environmental issues. As a result of this legislation, regulations that govern the storage, handling, control, and disposal of hazardous materials have been promulgated. Numerous agencies collect and disseminate information for use in evaluating potential environmental problems.

Kleinfelder reviewed information gathered from several environmental databases through Environmental Data Resources, Inc., (EDR) to evaluate whether activities on or near the subject site have the potential to create a recognized environmental condition on the site. EDR reviews databases compiled by federal, state, and local governmental agencies. The complete list of databases reviewed by EDR is provided in their regulatory report, which is included as Appendix A of this report.

It should be noted that this information is reported as Kleinfelder received it from EDR, which, in turn, reports information as it is provided in various government databases. It is not possible for either Kleinfelder or EDR to verify the accuracy or completeness of information contained in these databases. However, the use of and reliance on this information is a generally accepted practice in the conduct of environmental due diligence.

The following agencies, companies, and individuals were contacted for records concerning the subject property.

• U.S. Environmental Protection Agency (U.S. EPA): Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS), National Priorities List (NPL), Emergency Response Notification System (ERNS), and Resource Conservation and Recovery Act (RCRA) databases

• Oregon Department of Environmental Quality (DEQ): Underground Storage Tank (UST) facilities, Leaking USTs, Confirmed Releases List (CRL), Environmental Cleanup Site Information (ECSI) database, and Solid Waste Active Disposal Permits databases

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• Local Fire Department

• Local Building Division

• Oregon Water Resources Department, recorded well logs

Information obtained from these sources is presented in Sections 4.1 through 4.7.

4.1 Federal ASTM Standard Records

4.1.1 Superfund National Priority List (NPL)

Under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the EPA established an NPL of Superfund sites. Inclusion on the NPL reflects a significant risk to public health and the environment and indicates a Federal Priority to remediate the site. This database is provided by the EPA and searched to identify records of NPL sites located on or within an approximate 1.0-mile search radius of the subject site.

There were no NPL facilities listed within 1.0 miles of the subject site.

4.1.2 Federal Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) List

The CERCLIS list contains sites that are either proposed to be or are on the NPL of Superfund sites and sites that are in the screening and assessment phase for possible inclusion on the NPL. This database is provided by EPA and was searched for records of facilities located on or within an approximate 0.5-mile search radius of the subject site.

There were no CERCLIS facilities located within 0.5 miles of the subject site. However, one CERC-NFRAP (CERCLIS No Further Remedial Action Planned) facility was listed.

The facility is John Battin Power Service, which is summarized under the DEQ ECSI database in Section 4.2.1, below. EPA issued the CERC-NFRAP designation in July 1992.

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4.1.3 Federal RCRA List

The RCRA list identifies facilities that have obtained identification numbers from the U.S. EPA, which designate these businesses as generators, transporters, or storers/disposers of hazardous waste. Obtaining an identification number does not mean that any hazardous materials have been improperly handled at any of these facilities. DEQ is considered the state lead agency on hazardous waste issues.

RCRA large quantity generators (LQGs) have the following conditions: generate greater than 2,200 pounds of hazardous waste or spill cleanup debris containing hazardous waste; generate or have onsite more than 2.2 pounds of acute hazardous waste; or generate more than 220 pounds of spill cleanup debris containing acute hazardous waste. Small quantity generators (SQGs) generate between 2,200 pounds and 220 pounds of hazardous waste or spill cleanup debris containing hazardous waste.

Conditionally exempt small quantity generators (CEG) have the following conditions:

generate 2.2 pounds or less of acute hazardous waste; generate less than 220 pounds of hazardous waste or spill cleanup debris; or never had onsite more than 2,200 pounds of hazardous waste. “No Longer Regulated” (NLR) generators are no longer regulated facilities due to site relocation or change in status. Non-generators are facilities that generated hazardous waste at one time, but do not currently. The generator's list was reviewed for the site and adjacent facilities, and the Treatment, Storage, and Disposal (TSD) list was reviewed for facilities within 0.5 miles of the site.

The subject site and one off-site facility adjacent to the subject site were listed in the RCRA database:

Miles Fiberglass & Composites (also listed as Miles Fiberglass & Plastics), 8855 SE Otty Road Subject Site

The RCRA database lists Miles Fiberglass & Composite as a SQG facility between 2000 and 2006. DEQ (state lead) issued Notices of Noncompliance (NONs) to Miles Fiberglass & Composites for violations documented, after an on-site compliance inspection evaluation on December 27, 2005. The violation categories included “transporters-manifest and recordkeeping,” “statute,” “universal waste-small quantity generators,” and “generators-transport”. DEQ documented that Miles Fiberglass & Composites achieved compliance on February 23, 2006. DEQ also documented

108753\A01\POR10R019 13 of 45 February 3, 2010 hazardous waste (spent non halogenated solvent from rinsing chipper gun parts).

Miles Fiberglass & Composites use acetone for rinsing. According to the company, the used acetone is distilled and reused.

DEQ documented Miles Fiberglass & Plastics as a RCRA-NonGen facility in 1980.

No violations were listed under this business name and at that time.

Emerick Construction, 8850 SE Otty Road Approximately 60 feet south of the site

DEQ listed the facility as a LQG in 2006 and a CEG generator in 2007. The summary DEQ information indicated that no violations were listed for the facility.

Walmart Store 5440, 10000 SE 82nd Avenue Approximately 60 feet south of the site

DEQ listed the facility as a CEG from 1996 to 2006. The summary DEQ information indicated that no violations were listed for the facility.

4.1.4 Federal CORRACTS

The Corrective Action Report (CORRACTS) developed by U.S. EPA identifies hazardous waste handlers with RCRA corrective action activity.

There were no CORRACTS facilities listed within 1.0 miles of the site.

4.1.5 Federal Emergency Response Notification System

The ERNS database records and stores information on reported releases of oil and hazardous substances. The database was checked for records of emergency responses for the subject site.

No such listings were found.

4.2 Oregon State Records

The following summarizes the information obtained from the State of Oregon. Specified search distances are those identified in the ASTM E 1527-05 standard.

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4.2.1 Environmental Cleanup Site Information System (ECSI)

The ECSI system includes facilities entered into the DEQ database pursuant to the site discovery requirements of ORS 466.560. The list includes facilities where there has been a confirmed release of hazardous substances, facilities where investigation or cleanup has been initiated, and facilities suspected of a release of hazardous substances. The search radius for facilities listed in this database is 0.5 miles.

The following four facilities within 0.5 miles of the site were listed in the database. The release description information provided is based on DEQ summary information and not a detailed DEQ file review.

John Battin Power Service, 8320 SE Otty Road Approximately 350 feet west-southwest of the site

This former business was listed on the ECSI, CRL, Voluntary Cleanup Program (VCP), and Oregon Brownfields databases maintained by DEQ. According to a 1995 report by DEQ, the facility was a repair and salvage business of power generation equipment. The John Battin Power Service property was located within the current boundaries of Wal-Mart. Polychlorinated biphenyl (PCB) contamination was reported in surface soil samples. Petroleum hydrocarbons were detected up to 19,000 mg/kg. Groundwater at the facility had concentrations of halogenated volatile organic compounds and diesel. A Remediation Investigation/Feasibility Study was completed by John Battin in July 1995. Remedial activities included excavation of contaminated soil and placement of a cap by 1996. DEQ found that the property met generic risk-based cleanup criteria as of 1999. DEQ issued a No Further Action determination in September 1999 for the soil. DEQ terminated the voluntary cleanup agreement in 1999 due to lack of action by John Battin. Wal-Mart performed a groundwater assessment in 2003. DEQ issued a record of decision in August 2006. The 5-year performance monitoring was predicted to be completed in 2009, which would be followed by a closeout report and No Further Action for the site or groundwater by DEQ. Because the facility’s location is considered downgradient from the subject site, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

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Mt. Scott Industrial Park, 9721 SE 82nd Avenue Approximately 0.22 miles west of the site

A release was reported in early 2005. A site investigation of this vehicle and truck repair business was performed between May and November 2005. The business had contaminated soil with petroleum hydrocarbons, PAHs, and selected metals.

Drywells and USTs had been present at the facility. The site owner conducted excavation of impacted soil. DEQ issued a No Further Action determination in May 2006. Because the facility’s distance from the subject site and the impacts limited to soil, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

Chan’s Garden, 9711 SE 82nd Avenue Approximately 0.22 miles west of the site

A release was reported in April 2003 from this former auto wrecking yard (Star’s Auto Wrecking). The auto wrecking business had operated at the location since 1968. The DEQ reported that extensive contamination of surface soils had occurred as a result of the auto wrecking land use that dated back to the 1940s. DEQ reported that the depth to groundwater was approximately 40 feet below the ground surface (bgs). In October 2003, the owner performed remediation by excavating more than 750 tons of petroleum-contaminated soil. DEQ issued a No Further Action determination in August 2004. Because the facility’s distance from the subject site and the impacts limited to soil, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

Westwood Development, SE 82nd Avenue/Orchard Lane Approximately 0.27 miles southwest of the site

The precise location of this facility is not known. DEQ records indicate a release of petroleum hydrocarbons was reported in November 1995. DEQ recommended a Site Investigation in November 1995. Confirmation sampling was recommended in March 1996. Investigation and cleanup was apparently conducted under the DEQ Independent Cleanup Program between January and September 2008. DEQ issued a No Further Action determination in September 2008. Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

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4.2.2 Summary of Confirmed Release List (CRL)

The CRL database is a listing by DEQ of facilities that are contaminated with hazardous wastes, petroleum products, and other hazardous substances. This database was reviewed for facilities on or within 1.0 miles of the site. Facilities in this database are also included on the ECSI database.

The following five facilities within 1.0 miles of the site were listed in the database. The release description information provided is based on DEQ summary information and not a detailed DEQ file review.

John Battin Power Service, 8320 SE Otty Road Approximately 350 feet west-southwest of the site

A brief summary of the John Battin Power Service investigation is presented above, in Section 4.2.1.

Interstate Salvage/Calbag Metals, 8703 SE 82nd Avenue Approximately 0.6 miles northwest of the site

DEQ placed the facility on the CRL around November 1991. Polychlorinated biphenyls (PCBs) were detected in some surface soil samples. The DEQ reported that about 200 cubic yards of PCB-contaminated soil was transported to Arlington for disposal. In 2000, DEQ required a deed restriction prohibiting residential and agricultural uses. DEQ issued a conditional No Further Action in April 2000.

Because the facility’s distance and location downgradient from the subject site, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

Johnson Creek Landfill, 7600 SE Johnson Creek Blvd.

Approximately 0.6 miles west-northwest of the site

DEQ recommended listing of the former landfill (operated as non-putrescible solid waste landfill between 1971 and 1973) on the CRL in May 1994. The DEQ reported that benzene, lead, and trichloroethylene (TCE) were detected in groundwater samples in 1989. Groundwater monitoring performed in 1994 and 1995 did not show TCE concentrations above detection limits. The facility is in long-term monitoring for methane gas. Because the facility’s location is considered

108753\A01\POR10R019 17 of 45 February 3, 2010 downgradient from the subject site, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

Apollo Metal Finishing, Inc., 7525 SE Johnson Creek Blvd.

Approximately 0.65 miles northwest of the site

Apollo Metal Finishing began operation at the property in 1972. DEQ reported that process water was discharged to a drywell during the company’s operation. The dry well overflow discharged to Johnson Creek. Because the facility’s location is considered downgradient from the subject site, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

Bud’s Auto Wrecking, 7100 SE Fern Avenue Approximately 0.9 miles northwest of the site

Because the facility’s location is considered downgradient from the subject site, Kleinfelder does not consider there to be a recognized environmental condition associated with the subject site.

4.2.3 Leaking Underground Storage Tank Incident Reports

This DEQ database is a listing of below-ground releases from petroleum underground storage tank (UST) systems or reportable surface spills. The list also includes aboveground releases to water which result in a sheen. The search radius for facilities listed in this database is 0.5 miles.

Forty-one (41) facilities with leaking USTs were listed in the database within 0.5 miles of the site. The nearest 18 facilities to the subject site had No Further Action determinations from DEQ. Most of the listings were related to residential heating oil USTs. The nearest listings to the subject site were Emerick Construction and Trimet Conbattin UST (see below). The release description information provided is based on DEQ summary information and not a detailed DEQ file review.

Emerick Construction, 8850 SE Otty Road Approximately 60 feet south of the site

Emerick Construction initiated a report of a UST release to DEQ in August 1989.

The DEQ file indicated the release had impacted soil with petroleum hydrocarbons.

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DEQ issued a No Further Action determination in April 1990. Because the reported release was limited to soil and DEQ issued a No Further Action determination, Kleinfelder does not consider this issue to represent a recognized environmental condition to the subject site.

Trimet Conbattin [sic] UST, 8506 SE Con Battin Road Approximately 300 feet north-northwest of the site

The 8506 Con SE Battin Road tax lot connects with the subject site’s northwestern corner, making the two properties contiguous. The former residence fronted on Con Battin Road, which is approximately 300 feet north of the subject site. Trimet initiated a report of a UST release to DEQ 2007. The DEQ file indicated the release had impacted soil with petroleum hydrocarbons. DEQ issued a No Further Action determination in December 2007. Because the reported release was limited to soil and DEQ issued a No Further Action determination, Kleinfelder does not consider this issue to represent a recognized environmental condition to the subject site.

4.2.4 Registered Underground Storage Tank List

This DEQ database lists facilities with registered USTs in operation and decommissioned USTs. The search radius for facilities listed in this database is the site and adjoining properties.

The subject site was not listed on the registered UST database. The following facility adjacent to the site was listed in the database.

Emerick Construction, 8850 SE Otty Road Approximately 60 feet south of the site

DEQ records report that Emerick Construction had decommissioned two USTs.

4.2.5 State Landfill and/or Solid Waste Disposal Site Lists

DEQ maintains a list of permitted landfills and transfer stations. No solid waste disposal facilities were located within 0.5 miles of the subject site.

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4.2.6 National Pollution Discharge Elimination System (NPDES) Permit

DEQ data reported that Miles Fiberglass (8855 SE Otty Road) had an NPDES (stormwater) permit with an expiration date of June 30, 2012. The DEQ database describes the site business as “other plastic products, NEC.” The start date for the NPDES permit was reported as August 2000.

4.2.7 Oregon Water Resources Department

The Oregon Water Resources Department (OWRD) maintains records of well logs installed in the state of Oregon. The Department's records of the well logs are extensive; however, they do not necessarily reflect the actual number of water wells within the state. The OWRD database was queried for wells located within the same township, range, and sections as the subject site.

There were no well logs recorded for the site. Numerous monitoring well logs were recorded for the former John Battin Power Service facility, approximately 350 feet west-southwest of the subject site. These well logs suggest a depth to static groundwater ranging between approximately 8 and 18 feet bgs.

4.2.8 Oregon State Fire Marshal

According to the State Fire Marshal’s searchable online database of emergency responses to hazardous materials incidents, there were no records of responses for the site address.

4.3 Local Agency Contacts

Clackamas County Transportation and Development (CCTD)

CCTD maintains building permit record history by address from March 1996 to the present. The database was accessible from the Clackamas County website.2 The CCTD had eight permit records for the subject site that involved: electrical, roofing, HVAC, and plumbing (backflow device). The database did not have records of USTs or hazardous material storage facilities.

2 http://www.clackamas.us/permits/index.jsp

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City of Happy Valley Building Department

The subject site is not within the City of Happy Valley corporate limits. Therefore, Kleinfelder did not conduct research of building permit records associated with the City of Happy Valley.

Clackamas Fire District (CFD) #1

The CFD does not maintain permits for UST installations, according to CFD staff (Shelby, December 31, 2009).

Clackamas County GIS (CMap) Online

The online database indicated that the subject site’s zoning was LTIC (Low Traffic Impact Commercial). Historical zoning designations are generally not readily ascertainable from department staff. However, the aerial photography review in Section 5 provides a summary of land uses for the years photographed and provides sufficient information about the historical land use of the site and surrounding area. On the basis of this, Kleinfelder did not believe an interview with Clackamas County Planning Department staff was necessary.

4.4 Other Historical Databases

EDR has compiled a list (not considered comprehensive) of historical auto repair and dry cleaning facilities. “Historical auto stations” includes gasoline/service stations, automobile repair, and auto service stations. The list is developed from business directories, not from regulatory agency databases; therefore, this is not a listing of regulatory actions. The subject site was not included in this list. No historical auto stations were listed for properties adjacent to the subject site.

“Historical cleaners” includes dry cleaners, cleaners, laundry, Laundromat, cleaning/laundry, and wash & dry business listings. This listing is not a regulatory database of investigations. There were no historical cleaners within 0.25 miles of the site.

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4.5 Physical Setting Source

The site is located at the western foot of Mount Scott. Mt. Scott’s peak is approximately one mile to the east. Surface topography west of the site slopes gently to the northwest and the southwest. Johnson Creek is located approximately 0.75 miles northwest of the site. Johnson Creek flows in a northwesterly direction. Philly Creek is approximately

0.5 miles south of the site. The site elevation is approximately 260 feet above mean sea level (msl). The inferred direction of regional groundwater flow is to the west, based on the topography (USGS Gladstone, OR, 7.5' Quadrangle). Well log records for a property approximately 350 feet west-southwest of the subject site report a depth to static groundwater between 8 and 18 feet below ground surface. It should be noted that site-specific groundwater flow may fluctuate based on local geology, local well use, and seasonal variations.

4.6 Available Radon Data

Radon is a radioactive gas that occurs naturally in the environment and cannot be seen, smelled, or tasted. The human-health effect associated with exposure to elevated levels of radon is an increased risk of developing lung cancer. The U.S. EPA and U.S.

Centers for Disease Control are concerned about the increased risk of lung cancer developing in individuals exposed to above average levels of radon in their homes or offices. In order to address these concerns, the U.S. EPA conducted a radon survey and presented the results for all counties in 1990.

U.S. EPA’s map of Radon Zones assigns each of the counties in the United States to one of three zones. The zone designations were determined by assessing five factors that are known to be important indicators of radon potential: indoor radon measurements, geology, aerial radioactivity surveys, soil parameters, and foundation types.

The Clackamas County site falls within the designation of Zone 3. Zone 3 counties have a predicted average indoor radon screening level of less than 2 picocuries per liter (pCi/L). The EPA did not list average data results for Clackamas County. Data tracked by the State of Oregon by zip code shows a range of radon results for 11 sample points between 0.5 and 12.0 pCi/L with an average of 3.3 pCi/L.

Details of area radon information are provided in the EDR report in Appendix A.

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4.7 User Provided Information

The client provided Kleinfelder site location information prior to commencing work. This information assisted Kleinfelder in identifying the site location, site contacts, and site borders. Clackamas County Development Agency provided Kleinfelder the contact for gaining information regarding the site history. The contact was Ms. Lori Luchak, the president of Miles Fiberglass. A summary of the interview information is included in Section 7.1.

On January 20, 2010, Mr. Scot A. Sideras (Legal Counsel to the Clackamas County Development Agency) of the Clackamas County Development Agency (User) responded to the following ASTM E 1527-05 Appendix X.3 questions:

(1) Environmental cleanup liens that are filed or recorded against the site: Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? The Clackamas County Development Agency has no information as to this question.

(2) Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry: Are you aware of any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? The Clackamas County Development Agency has no information as to this question.

(3) Specialized knowledge or experience of the User: As the user of this Phase I ESA do you have any specialized knowledge or experience related to the site or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? The Clackamas County Development Agency has no information as to this question.

(4) Relationship of the purchase price to the fair market value of the property if it were not contaminated: Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because

108753\A01\POR10R019 23 of 45 February 3, 2010 contamination is known or believed to be present at the property? The purchase price has not been negotiated.

(5) Commonly known or reasonably ascertainable information about the site: Are you aware of commonly known or reasonably ascertainable information about the site that would help Kleinfelder to identify conditions indicative of releases or threatened releases? For example, as the User, (a.) Do you know the past uses of the property? The Clackamas County Development Agency has no information as to this question.

(b.) Do you know of specific chemicals that are present or once were present at the property? The Clackamas County Development Agency has no information as to this question.

(c.) Do you know of spills or other chemical releases that have taken place at the property? The Clackamas County Development Agency has no information as to this question.

(d.) Do you know of environmental cleanups that have taken place at the property? The Clackamas County Development Agency has no information as to this question.

(6) The degree of obviousness of the presence or likely presence of contamination at the site, and the ability to detect the contamination by appropriate investigation:

As the user of this Phase I ESA, based on your knowledge and experience related to the property, are there obvious indicators that point to the presence or likely presence of contamination at the property? No.

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5 HISTORICAL USE OF THE PROPERTY AND ADJOINING PROPERTIES

The following information regarding past and current uses of the site and adjoining properties was obtained from various public and private sources. Information available through these sources is usually incomplete but may provide a general outline of the site's historical uses.

5.1 Sanborn Fire Insurance Maps

Sanborn Maps were drawn by the Sanborn Fire Insurance Company to assist in underwriting properties from the late 1800s to the mid 1900s. For certain time intervals, the maps show much detail of buildings, improvements, and land uses. However, the coverage of this resource is typically limited to older districts in established towns and cities. Sanborn Maps were not available for the site according to EDR Sanborn (Appendix B).

5.2 City Directories

City directories are useful for researching past site occupants by the currently known site address for various years where directories are available. Please note that historical addresses not currently known were not researched. City directories are typically researched at five-year intervals. City Directories were not researched for the site because it has no addresses to research. EDR’s research of available historical City Directories indicated the following listings for the current site address.

The subject site at 8855 Otty Road had an occupant listed as “Miles Fiberglass & Composites (fabricators)” in 2008. No other City Directories were reported by EDR.

Adjoining property occupants listed in the Polk’s City Directories (1996 and 2008) included residential parties, Emerick Construction (8850 Otty Road), and IMS Capital Management (8995…