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Home My WebLink AboutToxic Waste Site - DOE (1995) STATE DEVELOP 4 Clry nF ppPLANNING.. :.. � gENTON 1889,, c;:l 1995 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY RECovED Northwest Regional Office, 3190 - 160th Ave S.E. • Bellevue, Washington 98008-5452 • (206) 649-7000 February 28, 1995 Ms. Jana Huerter City of Renton Development Services 200 Mill Avenue South Renton, WA 98055-2189 Dear Ms. Huerter: During last years' legislative session, a bill referred to as the "Ports Bill" (SB 6123) was passed that amended the state Model Toxics Control Act (MTCA) with regard to the use of industrial cleanup standards. Along with other mandates, the bill required the Department of Ecology (Ecology) to notify the city or county department with land use planning authority for properties subject to a deed restriction under MTCA. This is to let you know that I have been working with E and H Properties and the Boeing Company in the review of cleanups of contaminated properties in the Renton area. At two of these properties, residual concentrations of total petroleum hydrocarbons (TPH) remain at concentrations above MTCA cleanup levels. Boeing was therefore asked to record a restrictive covenant on the deed for the properties. The restrictive covenants proposed or recorded for the properties discussed the specific location of the remaining TPH, and placed restrictions on the use of the properties such as restricting use of groundwater beneath the site for drinking water purposes. The restrictive covenant for the property known as the Garden Plaza site was recorded on the property deed in August 1994. The Garden Plaza site is located at North Sixth and Park Avenue in Renton. A restrictive covenant is also proposed for the Grady Youngman site at 523 Pelly Avenue. Copies of the final and proposed restrictive covenants are enclosed. Please contact me at (206) 649-7042 if you have any questions about this process. Sincerely, EQCLvv�._ Elaine Atkinson Environmental Scientist Toxics Cleanup Program EPA:ea:tm Enclosure L SENT BY:ALSTON COURTNAGE ; 2-28-95 ;11:27AM ; 206: "TI2-, 96497098;# 4/11 FIEBTRXCTIVM coming The undersigned, THE BOEING COMPANY, is the fee owner of real property in the County of King, State of Washington (legal description attached as Exhibit A) , hereafter referred to as the "site". The Site contains the following subsurface areas which have been confirmed with residual concentrations of petroleum hydrocarbons at levels which exceed the Method A Cleanup Guidelines as published in the Model Toxics Control Act, (MTCA, Chapter 173- 340 WAC) . (1) In the report (the "Seacor Report") entitled, "Renton Properties Acquisition Assessment, Historical Review and Subsurface Investigation," prepared in November, 1993 by Seacor for The Boeing Company, total petroleum hydrocarbons ("TPH") were identified for compounds within the gasoline range, diesel range and kerosene range in Soil and/or groundwater located at Seacor monitoring well GY-MW1 AND Seacor soil boring GY-SHS. (2) In the reports (the "Geotech Reports") entitled Preliminary Technical Review Packet, prepared by Geotech consultants dated December 5, 1994, and Independent Remedial Action Report, prepared by Geotech Consultants, dated January 25, 1995, TPH were identified in groundwater located at Geotech monitoring wells MW-1, MW-102 and SB-5. The groundwater affected region does not migrate off the property. The Hoeing company makes the following declaration as to limitations, restrictions, and uses to which the Site may be put, and specifies that such declarations shall constitute covenants to run with the land, as provided by law, and shall be binding on all parties and all persons claiming under it, including all current and future owners of any portion of or interest in the site. Section 1. Any activity on the Site that may interfere with the ongoing monitoring of groundwater wells or the sump mentioned below is prohibited. In addition, no groundwater may be taken for domestic purposes at the Site. The owner of the site shall conduct semi-annual sampling of the following over a 5 year period, commencing on the date of this document (all of which are shown on Exhibit "B") ; (a) existing Ceotech Consultants' monitoring wells MW-1, MW-102 and SB-5; and (b) Seacor monitoring wells GY-MW1 and GY-MW2, and the sump installed at Seacor's GY-SB5 location. The owner shall also analyze the collected samples for TPH using Methods WTPH-G and WTPH-D extended. Section 2. The owner of the Site must give written notice to the Department of Ecology, or to a successor agency, of the owner's intent to convey any interest in the Site. No conveyance 100Z/246:2/2E/45 -1- 2.RESTR1CT TAL$TO/HORRACR/RENTSI. SENT BY:ALSTON COURTNAGE 2-28-95 ;11:27AM ; 206:62; 2-0 96497098;# 5/11 of title, easement, lease or other interest in the Site shall be consummated by the owner without adequate and complete provision for the continued operations, maintenance and monitoring of the groundwater wells and sump. Section 3. The owner must notify and obtain approval from the Department of Ecology, or from a successor agency, prior to any use of the site that is inconsistent with the terms of this Restrictive Covenant. Public notice and comment may be sought by the Department of Ecology or a successor agency prior to approval of the proposed change. Section 4. The owner shall allow authorized representatives of the Department of Ecology, or from a successor agency, the right to enter the Site at reasonable times for the purpose of evaluating compliance with the monitoring of groundwater wells and sump and to take samples and to inspect records. Section 5. The owner of the Site and the owner's assigns and successors in interest, reserve the right under WAC 173-340-720 and WAC 173-340-440 (1991 ed. ) to record an instrument which provides that this Restrictive Covenant shall no longer limit use of the Site or be of any further force or effect. However, such an instrument may be recorded only with the consent of the Department of Ecology, or of a successor agency. Public notice and comment may be sought by- the Department of Ecology or a successor agency prior to the recording of such an instrument. DATED this day of March, 1995. THE BOEING COMPANY BY: Print Name ITS: Title 1002/246:2/28/95 -2- 2.RESTRICT TALSTO/NORAACH/RENTSL SENT BY:ALSTON COURTNAGE 2-28-95 ;11:28AM 206:62"72- 96487098;# 6/11 STATE OF WASHINGTON ) ) es. COUNTY OF RING ) On this day of March, 1995, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared known to me to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Sipnetur. Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 1002/246:2/20/95 -3- 2.RESTR1CT TAI.STO/HORBACH/REHTSL , SENT BY:ALSTON COURTNAGE 2-28-95 ;11:28AM ; 206:62""'2i 96497098;# 7/11 EXHIBIT A DESCRIPTION OP TEE SITE Grady-1oungaan Lots 14 to 16, inclusive, and the north 30 feet of Lot 17; ALSO the west 17.5 feet of the following described property: The north 30 feet of Lot 10 and Lots 11 to 13, inclusive; TOGETHER WITH the vacated alley adjacent thereto, ALL in Block 10, Renton Farm Plat, according to the plat thereof recorded in Volume 10 of Plats, page 97, in King County, Washington; EXCEPT that portion deeded to the City of Renton by deed recorded under King County Recording Number 7307090450. 1002/246:2/2B/95 -4- 2.RESTRICT TALSTO/HORBACH/RERTSL . SENT BY:ALSTON COURTNAGE 2-28-95 ;11:29AM 206:62 ""2-+ 96497098;# 8/11 BXIBIT B MAP OP MONITORING WELLS 1002/246 2/28/95 -5- ?•RESTRICT TALSTO/NORBACH/RENTSL . SENT BY:ALSTON COURTNAGE 2-28-95 :11:29AM ; 206:62'-'2-, 96497088;# 9/11 EXHIBIT B: Page 1 c N 6th STREET • i \\��\\� \\\ Q� Mw-i02 ` a e 7 8 MW--2 [1VJ � IDSB-6 MW-1 e EXCAVATION 4 g 10 6 A E 11 SPOIL PILE �� MW—Oi p Z \\\,� • W `\ SB-8 2 SB-2 C: = e0 TSB-4 U; Z w \\\ EXPORT C �\\ F PILE d 0 . d 0 K J FORMER LOCATION OF UST N L 0 -J „,,,,,,, f M --1 W ,� 2L3; s ( 4 eSB-3 SOIL STOCKPILE SB-10 MW-3 ALLEY LEGEND: 1/A SAMPLE LOCATIONS MONITORING WELL LOCATIONS • BORING LOCATIONS ��\� 0 • 20� 40' LANDSCAPED AREAS SCALE t. !.ii SITE EXPLORATION PLAN GEOTECH GRADY/YOUNGMAN PROPERTY CONS�IL'TAN1'S RENTON, WA ''� 94349E OCT 1994 2 SENT BY:ALSTON COURTNAGE 2-28-95 ;11:29AM 206:62 "--2-, 96497098;#10/11 EXHIBIT B: ?age-2 of 3---- - • --.. —._alliiir La . g ,p. 1. 11 leik, Ii:111 N. • a L 1 Ind d U It ar i x .4! I F. • p: • NI L:CIA g'ROTT. cFi,P;7,7 SENT BY:ALSTON COURTNAGE - 2-28-95 ;11:30AM ; 206:62r-72-4 96497098:#11/11 004 EXHIBIT B: Page 3 of 3 MAE9 SOIL ANALYTICAL SMUG 6UMNARY RENTON PROP6 TIBS SUOGURPAC2INYES11UATION • PROPERTY 4.011ADWYOUNOMANt0 F1€4T041.WASHINGTON • 8OIlBORING HORIZON 0 p,.• AND DATIr SAMPLED l •�� Inc et ANALV 01 t.0• !Om •eon 0 GS' 01o.3• 010.0' ®l0.6' O I!0' Owen:� ..-__-- ,tM tua t01o11e0 1W'o+Aa 1gro1(W t0/Otfo3 ,o ` tom IQ(01I90 1 t t L rkoitlosrrrrrcW,y.r VS(0) walksrmtpk #O aou POU 2041 dlimAl hertesNOW MC MU 25U e611 221U 22OU 20U /949 40u - NA NA NA 4i oo zltt 01►urge 50U 6041 SOU 00U 20U SOU 40 &XI SO NA T .�e 1oc'b.nv Ovorr.gP OISQWrvrinpe WO 1104 NA N1. NA NA NA r•tr NA 100 distil rings ISO NA MA NA NA NA NA is iG NA 2ao Y�rgls 914.109 Poopovndr ONWPCSO Merhylenw Chloride 3:3U 11 lu ]2 2.1U .16 14 111) JLwU too Mn.rb 71 4.114/ 01U &NU If.IU 5.3U • 6311 20U• 1.1.2-TrltMsroYtie,oed,sns 23 I.IU • 2.1U 2.10 2-1U 2.2U Y.1u tlU 21U O.Oa0000' IOTA.YOc•• , N . 5.4 to _, 3,6 ,NO 3 -as ND ND Polprlairwsi Olelti +w a 0 . Arval$I.1I4211010 I011 SOU 00U 00U 40U 00U 0011 NU 00U Arodn..IZ4s oou sou 10.1 NU sou NU IOU IOU sou -_ Arve.4r-1g44 50U 110U e0U eau 2QU bDU eau sou• eau Aroola•tflr0 aoU IOU SOU 5011 00U 110U SOU 1011 IOU -• 792A1,PCb s NO 12, to .,Jlb N E _so • ND NQ _ rm • 1000 aster Ono -- _1 A1ie4' SU dU al 511 Du AU 011 0U 917 Rao Ambient 0.0 a r 0.s 0 4 04 0.11 OS 02 0.7 3A Ckronrken 21.a rt.0 eo.a l4.2 al.II R6a 21 1 TA 3 MO 100.0 Laid 0 s 5 SOGO 14reu U O. O.00U 0.000 r 0,• U 4 ._0.00 GNU4 0.05U S aolu r (t1 eunpin.ro ds,IVJsd sin in"'dw Is•sorrlrmhr0deemripepn d>M loge description el the propotti, ^•'"' The Wele*erredb M•tiridyJYwngntsn•in lOooldtrw oath the eAENFMan Wq1 L, .1LJIV.\ LVLn.10tUL r J' L-04 rlu•17u1 , LUb;b201/02" 9b497098;# 3/ 9 • Wlx'.,:V LV:.I_.JAIJL•.L £\L.1 ULLLV 1V. THADL S L. AISTON AlSTONi COURINAGE, MACAULAY & TOR 1000 Second Avenue, Suite 3900 Seattle, Washington 98104-1045 • RESTRICTIVE COVENANT • The undersigned, THE BOEING COMPANY, is the fee owner of real property in the County of King, State of Washington (legal description attached as Exhibit A) , hereafter referred to as the "Site". The Site contains the following subsurface areas which have been confirmed with residual concentrations of petroleum hydrocarbons at levels which exceed the Method A Cleanup Guidelines as published in the Model Taxies Control Act, (MTCA, Chapter 173- 340 WAC) . Ei (1) Soil at a depth of (10) feet at the location of boring B-2, as illustrated in Plate 2 of Geotech Consultants, Inc. report dated November 5, 1993 contained elevated levels (420 parts A per million - ppm) of total petroleum hydrocarbons (TPH) in the oil range. The area lies at the southeast corner of the parking garage, approximately (20) feet to the north of the garage entrance. (2) Diesel concentrations (330 ppm) exceeding the MTCA cleanup a standards have been identified in soils at a depth of ten (10) feet at the location of boring B-12. B-12 lies approximately (30) feet northwest of the corner of the Fifth and Park office th building. The contaminated region lies beneath an asphalt surface, and groundwater has not been affected at this Olocation. Ch (3) Groundwater contamination in the diesel range of hydrocarbons C, has been identified beneath a grass landscape area 0? approximately (15) feet to the west of the northwest corner of the Fifth and Park office building. The groundwater affected region does not migrate off the property. (4) Diesel concentrations in excess of MTCA Method A have been confirmed in groundwater at the northwest corner of the property, approximately (25) feet to the northwest of the Garden Plaza office building. • (5) Concentrations of heavy-end total petroleum hydrocarbons (TPH AT 1,200 ppm) have been identified in soil beneath the central portion of the Garden Plaza office building. The levels of • TPH discovered during the initial stages of construction for the building in 1988-89 exceed the MTCA cleanup guidelines. (6) soil at depths of ten (10) and fifteen (15) feet situated at the north end of the Fifth and Park office building were found to contain concentrations of diesel and oil range. TPH by EPA method 418. 1 at 4,700 ppm and 1, 300 ppm, respectively, ' The contamination was discovered in a boring named B-1, completed 1002/287:8/2/94 •1- COVHT TALSTO/HORBACH/80E[NG . . ._. . .. , U U2 ,.u•au:a,r, GUU.OGOlIc7L—' `J'b4U7U9ti;# 4/ by RZA-AGRA in May, 1989. This contaminated region is currently covered by asphalt surfacing. The Boeing Company makes the following declaration as to limitations, restrictions, and uses to which the Site may be put, and specifies that such declarations shall constitute covenants to run with the land, as provided by law, and shall be binding on all parties and all persons claiming under it, including all current and future owners of any portion of or interest in the site. Section 1. Any activity on the Site that may interfere with the ongoing monitoring of groundwater wells is prohibited. In addition, no groundwater may be taken for domestic purposes at the site within the rectangular area bounded to the south by North Fifth Street, to the west by Park Avenue North, to the north by North Sixth Street, and to the east by Garden Avenue North. The owner of the site shall conduct semi-annual sampling of existing Geotech Consultants' monitoring wells MW-4, MW-13 and MW-14 (shown on Exhibit "B") over a 5 year period, commencing on the date of I this document. The owner shall also analyze the collected samples for TPH using Method WTPH-D extended. Section 2. The owner of the Site must give written notice O to the Department of Ecology, or to a successor agency, of the et owner's intent to convey any interest in the Site. No conveyance Q) of title, easement, lease or other interest in the Site shall be consummated by the owner without adequate and complete provision for the continued operations, maintenance and monitoring of the groundwater wells. Section 3. The owner must notify and obtain approval from the Department of Ecology, or from a successor agency, prior to any use of the Site that is inconsistent with the terms of this Restrictive Covenant. Public notice and comment may be sought by the Department of Ecology or a successor agency prior to approval of the proposed change. Section 4. The owner shall allow authorized representatives of the Department o'f Ecology, or from a successor agency, the right to enter the Site at reasonable times for the purpose of evaluating compliance with the monitoring of groundwater wells and the remedial action, to take samples and to inspect records. Section 5. The owner of the Site and the owner's assigns and successors in interest, reserve the right under WAC 173-340-720 and WAC 173-340-440 (1991 ed. ) to record an instrument which provides that this Restrictive Covenant shall no longer limit use of the Site or be of any further force or effect. However, such an 1002/287:8/2/94 -2- COUNT TALSTO/HORBACA/BOEING i..- uvzv1uvvrrr w Li. - =1 instrument may be recorded only with the consent of the Department of Ecology, or of a successor agency. Public notice and comment may be sought by the Department of Ecology or a successor agency prior to the recording of such an instrument. DATED this day of August, 1994. THE BOEING COMPANY BY•, BY: ignature Signature . 0N Print Name Print Name ITS: I/►'. T-�Ca/7Srs --3C4-- ITS: Title Title Tr VI O • O C) O T CD • • 1002/287:8/2/94 -3- COM TALSTO/HORBACH/BOEING