Exhibit A Final Phase I Environmental

Exhibit A
Final Phase I Environmental Assessment
Walmart Expansion Project
City of Clearlake
Environmental Consultant Services
Request for Qualifications
June 9, 2014
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................... i
1.0 INTRODUCTION AND SCOPE OF WORK ................................................................ 1
1.1 General ........................................................................................................................ 1
1.2 Purpose ........................................................................................................................ 1
1.3 Scope of Services ........................................................................................................ 2
1.4 Environmental Consultant and Environmental Professional Qualifications ............... 2
1.5 Deviations from ASTM Guidelines............................................................................. 3
1.6 User Reliance/Warranties ............................................................................................ 3
2.0 SITE DESCRIPTION ..................................................................................................... 3
2.1 General Site Information ............................................................................................. 3
2.2 General Regional Property Use:.................................................................................. 4
2.3 Physical Setting ........................................................................................................... 4
2.3.1 General.................................................................................................................. 4
2.3.2 Geology................................................................................................................. 4
2.3.3 Topography ........................................................................................................... 4
2.3.4 Geohydrology ....................................................................................................... 4
2.3.5 Nearest Surface Water Body................................................................................. 4
2.4 Current Site Use and Conditions ................................................................................. 5
2.4.1 General.................................................................................................................. 5
2.4.2 Utilities and Other Services to Site....................................................................... 5
2.5 General Off-Site Description....................................................................................... 5
2.5.1 Zoning ................................................................................................................... 5
2.5.2 Adjacent Site Use.................................................................................................. 5
3.0 OWNER/USER-SUPPLIED INFORMATION.............................................................. 5
3.1 Questionnaire............................................................................................................... 5
3.2 Results of Interview/Questionnaire ............................................................................. 6
3.3 Chain-of-Title Documentation .................................................................................... 6
3.4 Environmental Lien Search ......................................................................................... 6
4.0 RECORDS REVIEW...................................................................................................... 7
4.1 Standard Environmental Record Sources .................................................................... 7
4.2 Other Sources of Environmental Information ............................................................. 8
4.3 Site and Area History .................................................................................................. 8
4.4 Business Environmental Risk Issues ......................................................................... 10
4.4.1 Asbestos-Containing Materials ............................................................................... 10
4.4.2 Radon ...................................................................................................................... 11
4.4.3 Indoor Air Quality................................................................................................... 12
4.4.4 Lead-Based Paint .................................................................................................... 12
4.4.5 Environmental Regulatory Compliance .................................................................. 12
4.4.6 High Voltage Power Lines ...................................................................................... 12
4.4.7 Cultural, Historic, and Archeological Resources.................................................... 12
4.4.8 Wetlands and Surface Waters ................................................................................. 13
4.4.9 Threatened, Endangered, and Other Protected Species .......................................... 14
TABLE OF CONTENTS (Continued)
4.4.10 Wildlife Sanctuaries and Other Natural Resource Preserves................................ 14
4.4.11 Biological Agents.................................................................................................. 14
4.4.12 Mold ...................................................................................................................... 15
4.4.13 Potential Impacts/Implications of Environmental Issues for Site Development
and Construction ................................................................................................... 15
4.5 Review of TES Limited Phase I ESA Report............................................................ 15
4.6 Review of Twining Laboratories Geotechnical Engineering Investigation Report .. 15
5.0 SITE RECONNAISSANCE ......................................................................................... 15
5.1 General Site Observations ......................................................................................... 16
5.2 General Site Environmental Conditions.................................................................... 16
5.2.1 USTs ..................................................................................................................... 16
5.2.2 Aboveground Storage Tanks ................................................................................ 16
5.2.3 Hazardous Materials Storage Areas...................................................................... 16
5.2.4 Other Hazardous Materials/Hazardous Waste Storage......................................... 17
5.2.5 Clarifier ................................................................................................................. 17
5.2.6 Drains/Sumps........................................................................................................ 17
5.2.7 Facility Mechanical Equipment ............................................................................ 18
5.2.8 Solid Waste Dumpster .......................................................................................... 18
5.3 Hazardous Building Materials Survey....................................................................... 18
5.4 General Off-Site Environmental Conditions ................................................................ 19
6.0 GOVERNMENTAL AGENCY FILE REVIEWS ....................................................... 20
7.0 FINDINGS.................................................................................................................... 22
7.1 On-Site Environmental Issues (Current and Historical)............................................ 22
7.2 Off-Site Environmental Issues (Current and Historical) ........................................... 22
8.0 CONCLUSION ............................................................................................................ 22
9.0 REFERENCES ............................................................................................................. 23
10.0 REPORT CERTIFICATION........................................................................................ 25
List of Figures
Figure 1
Figure 2
Figure 3
Site Vicinity Map
Site Layout
Asbestos Sample Locations
List of Tables
Table 1
Table 2
Table 3
Table 4
Summary of Agencies/Persons Contacted
Summary of General Site Observations
Summary of Database Search
Asbestos Analytical Results
TABLE OF CONTENTS (Continued)
Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Resumes
Site Photographs
Phase I ESA User Questionnaire and Report Summary
Title Insurance Documentation
EDR Environmental Lien Search
EDR Governmental Agency Database Report
Historical Aerial Photographs
Historical Topographic Maps
Historical City Directories
Asbestos Chain-of-Custody Form and Analytical Laboratory Report
EDR NEPA Check Report and Related Documents
Geotracker Information
Lake County Health Services Department File Records
Clearlake Building Department File Records
EXECUTIVE SUMMARY
Tait Environmental Services (TES) conducted a Phase I Environmental Site Assessment
(ESA) for the expansion of Walmart Store #1979-02 located at 15960 Dam Road in
Clearlake, California (Site). The objectives of the assessment were two-fold:
1. To provide an independent professional opinion as to whether Recognized
Environmental Conditions (RECs), as defined by the American Society for Testing
and Materials (ASTM), exist at this Site and
2. To consider and/or identify “business environmental risk issues,” as specified in WalMart’s Wal-Mart Stores, Inc. Environmental Due Diligence Protocols for When
Buildings Are Present (Revision Date September 28, 2007), and Wal-Mart Stores,
Inc. Environmental Due Diligence Policy, Standards, Protocols & Guidance
(Revision Date October 22, 2007).
On-Site Environmental Issues
Hazardous materials are stored at the Site, both in the retail operations and the Tire & Lube
Express section (automotive service operations) of the Walmart store. During the Site
reconnaissance, TES did not observe evidence or documentation of leaks or spills of
hazardous materials from these operations that potentially could have impacted underlying
soil and/or groundwater exceeding de minimis values. TES did observe significant staining
of concrete floors where hazardous or regulated waste materials were located. However,
TES also noted that the structural integrity of these concrete floors appeared intact. Thus,
TES does not anticipate impacts to underlying soils and/or groundwater that exceed de
minimis levels.
Off-Site Environmental Issues
Retail/commercial businesses, associated parking areas, and vacant land are located in the
immediate area surrounding the Site. Some of the retail/commercial businesses sell or use
hazardous materials as part of their operations. TES did not note evidence to indicate that
spills or leaks of hazardous materials from off-Site sources have impacted the Site.
Conclusion
TES has performed a Phase I ESA in conformance with the scope and limitations of the
American Society for Testing and Materials Practice E 1527 of 15960 Dam Road in
Clearlake, California, the property. Any exceptions to, or deletions from, this practice are
described in Section 1.5 of this report. This assessment has revealed no evidence of RECs in
connection with the property.
Final Phase I Environmental Site Assessment Report for Wal-Mart Expansion
#1979-02 Located at 15976 Dam Road in Clearlake, California
1.0
INTRODUCTION AND SCOPE OF WORK
Other than as expressly stated in Section 1.5 herein, this report has been prepared in full
compliance with Wal-Mart Stores, Inc.’s (Wal-Mart’s) Environmental Due Diligence
Policy. Per Wal-Mart’s requirements, the following table lists critical dates relating to
the Phase I Environmental Site Assessment (ESA) report:
Table of Critical Dates
Report Issuance Date
9/18/09
Dates of Interviews of Past and Present Owners and
5/27/09
Occupants Identified in Section 10 of ASTM 1527-05
Date of Recorded Environmental Cleanup Lien Search
6/5/09
Date of Government Record Review
6/1/09
Date of Visual Inspection of Subject and Adjoining Properties
5/27/09
Earliest Date of Interviews, Lien Search, Record Reviews, and
5/27/09
Inspections
Report Viability Date
11/23/09*
* Per Wal-Mart’s Outside Counsel, for Phase I ESAs on expansion projects – where no new
land is to be acquired or leased – no updating is required. Updates can be done, if the CEC
and/or environmental counsel think there is a need (e.g., a very long passage of time,
significant environmental developments in the area, etc.).
1.1
General
Site Location (see also Section 2.0 )
Site:
Walmart Store #1979
Location:
15976 Dam Road
City, State:
Clearlake, California
APN:
010-050-28
1.2
Purpose
This Environmental Site Assessment (ESA, also referred to as the Phase I report) meets or
exceeds the requirements of the ASTM “Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process E 1527-05” and WalMart’s document entitled “Wal-Mart Stores, Inc. Environmental Due Diligence, Policy,
Standards, Protocols & Guidance (Revision Date October 22, 2007).” The purpose of this
assessment was to perform an evaluation of “Recognized Environmental Conditions1
________________________________
1
Recognized Environmental Conditions are defined by ASTM as the presence or likely presence of any hazardous
substances or petroleum products on a property under conditions that indicate an existing release, past release, or a
material threat of a release of any 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 environmental agencies.
Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
(RECs)” at the Site. This report is made pursuant to an inquiry into the prior ownership
and uses of the site, consistent with good commercial and customary practices appropriate
to a commercial purchaser or fee owner of real property.
1.3
Scope of Services
The scope of services for the project included the following:
1. A reconnaissance survey of the Site and surrounding area on May 27, 2009 to
evaluate present environmental conditions.
2. An asbestos survey and lead-based paint inspection on July 29, 2009.
3. An evaluation of the historical Site use, by reviewing the following sources:
•
•
•
•
•
Aerial photographs reasonably available from public sources
Historical United States Geological Survey (USGS) topographic maps
Building permits
Historical city directories
Munger oil and gas well maps.
4. A review of records reasonably available from appropriate federal, state and local
regulatory agencies for documented soil and/or groundwater contamination
investigations conducted at the Site and the vicinity, as defined in the ASTM
standard.
5. A review of available documents from local agencies (Table 1) to evaluate
development of the Site and, where reasonably available or relevant to the Site, the
adjacent properties.
6. Interviews with personnel familiar with the Site and surrounding areas.
7. A review of information regarding the physical setting of the Site, including:
•
•
•
The current USGS 7.5-minute topographic map
Geology information
Groundwater information.
8. Presentation of the aforementioned information in this report.
1.4
Environmental Consultant and Environmental Professional Qualifications
Tait Environmental Services (TES) has conducted Phase I ESAs on hundreds of
industrial, commercial and residential properties. These assessments were conducted
according to the then-current ASTM Standard E 1527. Steve Mulligan is project
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
manager for the conduct of Phase I ESAs performed by TES. Mr. Mulligan has
personally conducted hundreds of these assessments, spanning a period of more than 20
years. Resumes of TES personnel responsible for conduct of this Phase I ESA are
included in Appendix A.
1.5
Deviations from ASTM Guidelines
TES did not deviate from ASTM Standard E 1527-05 or protocols included in Wal-Mart
Stores, Inc. Environmental Due Diligence Protocols for When Buildings Are Present
(Revision Date September 28, 2007) and Wal-Mart Stores, Inc. Environmental Due
Diligence Policy, Standards, Protocols & Guidance (Revision Date October 22, 2007)
during the performance of this Phase I ESA.
1.6
User Reliance/Warranties
This report is certified to, can be relied upon by, and has been prepared for the exclusive
use of the following entities: Tait & Associates, Inc.; Edgcomb Law Group; Wal-Mart
Stores, Inc., a Delaware corporation; Wal-Mart Real Estate Business Trust, a Delaware
statutory trust; and their respective successors, assigns, affiliates, and subsidiaries. Any
of the named entities above can convey this report to related entity, lender, title insurer,
regulatory/city agency or current property owner(s) and their agents, but further
dissemination requires prior written approval from TES.
TES will not distribute or publish this report without the consent of Wal-Mart, except as
required by law or court order. The information and opinions expressed in this report are
given in response to a limited assignment by Wal-Mart and should be considered and
implemented only in accordance with that assignment. TES warrants that the services,
findings, and/or recommendations provided to Wal-Mart, its affiliates and subsidiaries,
and their respective successors and assigns (individually and collectively, Wal-Mart),
have been prepared, performed, and rendered in accordance with procedures, practices,
and standards generally accepted and customary in the consultant’s profession for use in
similar assignments.
2.0
SITE DESCRIPTION
2.1
General Site Information
Site Location (Figures 1 and 2):
Location: 15960 Dam Road
City:
Clearlake
State:
California
County: Lake
APN:
010-050-28
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
Site Information:
Size of Site:
Approximately 13 acres
Current Zoning: C2: Commercial
2.2
General Regional Property Use:
The properties in the general area are zoned C2 (Commercial). Businesses include retail
shops, restaurants, an automotive maintenance shop, and a hospital. Educational
properties are also located in the Site vicinity.
2.3
Physical Setting
2.3.1
General
Topography: Topography at the Site slopes gently in a southwesterly direction.
Elevation:
Site elevation is approximately 1,400 feet above mean sea level.
2.3.2
Geology
Site geology generally consists of a complex array of igneous or volcanic dacitic to
andesitic lava flows and tuffs with interbedded pyroclastics. The subsurface stratigraphy
consists of upper layers of residual clays, silty sand, and/or sandy silt ranging in depth
from four to 14 feet. These layers are underlain by an irregular transition into highly
weathered igneous or volcanic bedrock to at least 19.5 feet. Soils in the lower lying areas
near Clear Lake are made up of clays, silt, sand, and/or gravel characteristic of alluvial
deposits produced by erosion of rocks in the surrounding mountains and transported to
these areas by streams or rivers. Most of the Site consists of Benridge-Sodabay loams
and Asbill clay loam.
2.3.3
Topography
Topography at the Site slopes gently in a southwesterly direction.
2.3.4
Geohydrology
The Site is located in the southern portion of the Clear Lake Region of the northern
California Coast Ranges. As measured at a facility located approximately 700 feet
southwest of the Site, groundwater depth varies between approximately four and 10 feet
below ground surface (bgs). Groundwater flow direction is estimated toward the south,
in the direction of Cache Creek (EBA, 2008).
2.3.5
Nearest Surface Water Body
Cache Creek is located about 2,000 feet south of the Site.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
2.4
December 18, 2009
Current Site Use and Conditions
2.4.1
General
Currently, a Walmart retail store building and associated facilities (parking lots, storage
areas, loading docks) are located at the Site. Photographs of the Site and surrounding
area, taken during the Site reconnaissance, are provided in Appendix B. General Site
observations, as required by the ASTM standard practice, are summarized in Table 2.
2.4.2
Utilities and Other Services to Site
Electric:
Gas:
Water/Sewer:
2.5
Pacific Gas & Electric Company (PG&E)
PG&E
City of Clearlake
General Off-Site Description
2.5.1
Zoning
Properties in the immediate Site area are zoned C-2 (Commercial).
2.5.2
Adjacent Site Use
North
North of the Site is Yuba College - Clearlake Campus. This facility
includes educational buildings, athletic fields, and parking areas.
East
East of the Site are several buildings and parking lots belonging to Yuba
College - Clearlake Campus and vacant, wooded land.
South
South of the Site are other retail businesses and parking lots that comprise
the Clearlake Shopping Center.
West
West of the Site is Dam Road Extension. Across Dam Road Extension is a
vacant lot and an automotive repair facility.
3.0
OWNER/USER-SUPPLIED INFORMATION
3.1
Questionnaire
TES interviewed Chris Schnoor, a co-manager for Walmart #1979, regarding current and
former operations at the Site. Mr. Schnoor stated that, to his knowledge, the Walmart
store was constructed at the Site in 1993. Prior to this time, he thought that the Site was
vacant land. Mr. Schnoor indicated that hazardous material usage and hazardous waste
generation have occurred at the Site since the opening of the Walmart store. However, he
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
is not aware of leaks or spills of these materials that potentially could have impacted
underlying soil or groundwater. In addition, he is not aware of environmental impacts to
the Site from operations of adjacent businesses.
Stan Iverson, the Civil Engineering Consultant (CEC) for the project, and Kelly Collier,
Senior Design Manager for Wal-Mart, completed a user questionnaire for the Site. The
questionnaire, included as part of Wal-Mart’s Phase I ESA guidelines, asks questions
regarding environmental issues potentially applicable to the Site. A copy of the
completed questionnaire is included in Appendix C.
3.2
Results of Interview/Questionnaire
The following important environmental issues were addressed in the review of historical
information or the completed questionnaire:
Past Spills/Releases
Is the Site listed on an agency listing for a reported or suspected
No
release or spill of petroleum products, hazardous wastes, or
hazardous substances?
Past Environmental Studies
Yes*
Has a Site environmental assessment previously been conducted?
Environmental Liens/Actions
Is there any pending, threatened or past litigation relevant to No
environmental issues at the Site?
Are there any pending, threatened or past administrative
No
proceedings relevant to environmental issues at the Site?
Are there any notices from any governmental entity regarding any
No
possible violation of environmental laws at the Site?
* Closure report prepared following removal of waste oil UST in 1999
3.3
Title Records
TES reviewed the Commitment for Title Insurance document prepared for the Site by
First American Title Company. This document, dated June 17, 2008, indicates that title
to the Site is vested in Wal-Mart Real Estate Business Trust, a Delaware Business Trust.
TES did not identify references in the document suggesting potential areas of
environmental concern. A copy of the document is included in Appendix D.
3.4
Environmental Lien Search
TES contracted with Environmental Data Resources, Inc. (EDR) to conduct an
environmental lien search for the Site. As shown in EDR’s report included in Appendix
E, title to the Site is vested in Wal-Mart Real Estate Business Trust, a Delaware Business
Trust, since April 2002. The Site is not encumbered by environmental liens.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
4.0
RECORDS REVIEW
4.1
Standard Environmental Record Sources
December 18, 2009
An agency database search was obtained for the Site from Environmental Data
Resources, Inc. (EDR). A copy of the EDR database search is included in Appendix F.
The database search reviewed recently-published lists from various federal, California,
and local agencies for RECs. The following information was obtained from a review of
the EDR database report (see Table 3 for a listing of the search results):
•
Walmart Store #1979, located at 15960 Dam Road (Site), was identified on the
HAZNET database. This database is a compilation of hazardous waste manifests
received each year by the California Department of Toxic Substances Control.
Data from the manifests are uncollaborated; thus, they may contain some invalid
information such as generator ID, TSD ID, waste category, and disposal method.
HAZNET database information indicates that hazardous wastes were generated at
the facility (alkaline solution without metals (pH>12.5), other organic solids, and
unspecified waste).
The Site is also included in the “Orphan Summary” section of the EDR report.
The listing indicates that the Site is included in the Statewide Environmental
Evaluation and Planning System (SWEEPS) UST database. This database lists
historical USTs in the early 1990s. The database is no longer updated or
maintained. Details regarding the historical UST are provided in Sections 5.2.1
and 6.0.
•
Konocti School Bus Yard, located at Center Drive South (approximately 0.2 miles
northwest of Site), was identified on the Leaking Underground Storage Tank
(LUST), HAZNET, and Cortese databases. EDR database information indicates
that unspecified oil-containing waste is generated at the facility. The database
information also indicates that diesel fuel leaked into underground soil in 1994.
Environmental investigation and possibly remedial actions subsequently
occurred; case closure granted by regulatory agency that same year.
•
Sheriff’s Substation, located at 7000 Highway 53 (approximately 0.2 miles
northwest of Site), was identified on the LUST database. EDR database
information indicates that gasoline leaked into underground soil in 1999. The
spill was reported to be minor, and the case was subsequently closed.
•
Automotive Enterprise, located at 7070 Old Highway 53 (approximately 0.2 miles
west of Site), was identified on the Haznet database. EDR database information
indicates that oxygenated solvent waste (acetone, butanol, ethyl acetate) is
generated at the facility.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
Other facilities are also listed in the EDR database report and in the “Orphan Summary”
section of the EDR database report (see report in Appendix F). In most cases,
information is not included in the report to indicate that leaks or spills have occurred
from these facilities. For those facilities reported as having had a leak or spill of
hazardous materials, TES estimates that the probability of environmental impacts to the
Site from these facilities is low, based on distance and/or hydraulic direction from the
Site.
4.2
Other Sources of Environmental Information
In addition to the information from the EDR database search, various persons and
agencies were contacted for additional information where warranted. These persons,
agencies and their contact information are listed in Table 1. Any information obtained is
included in Section 7.0: FINDINGS of this report.
4.3
Site and Area History
Resources
The following resources were used in developing the Site history:
•
Historical aerial photographs from 1942, 1958, 1972, 1983, 1993, 1998, and 2005
(Aerial; Appendix G);
•
Historical USGS topographic maps: Lower Lake Quadrangle 1958, Lower Lake
Quadrangle 1975 (photorevised from 1958), and Lower Lake Quadrangle 1993
(Topo; Appendix H);
•
Historical City Directories (Directory; Appendix I);
•
Wal-Mart’s Phase I Environmental Site Assessment User Questionnaire (Q,
Appendix C);
•
Site Owner Representative interview.
A complete list of references appears in Section 9.0.
Summary of Site and Area History:
A summary of the Site and area history is presented in the following table. Additional
information regarding the history of the Site and surrounding area as a tailings disposal
area is presented in Section 6.0.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
From
To
1942
1942
1958
1958
1972
1972
1975
1975
1983
1983
1992
1992
1993
1993
1996
1996
1998
December 18, 2009
Observed Site and Area Use
Site and surrounding area vacant land. Sage brush
covers portion of Site. River or stream (Cache Creek)
situated approximately one-third mile south of Site
(Aerial).
Site and surrounding properties vacant land. Sage brush
covers portion of Site. Scattered structures located onequarter mile south of Site. Initial grading activities for
what appears to be airport evident approximately 800
feet west of Site (Aerial and Topo).
Site appears similar to that seen in 1958. Several
buildings (appear to be residences and/or storage
buildings) located on properties immediately west and
north of Site. Airport located approximately 800 feet
west of Site. What appears to be an educational
complex located approximately 800 feet northwest of
Site (Aerial).
Site and surrounding area appear similar to 1958.
Scattered structures (possibly residences or commercial
businesses) located south of Site (Topo).
Commercial or industrial facility located along northern
portion of Site. Tractor trailers are parked along the
western perimeter of Site. Several buildings located
adjacent to western border of Site; tractor trailers also
parked near these buildings. Residential housing has
increased in areas north and west of Site. Airport still
present west of Site (Aerial).
Telephone listing for residence at 16005 Dam Road
(Directory).
Buildings formerly at Site have been razed and tractor
trailers removed. Grading activities for current Walmart
store have begun. Educational facilities currently
located immediately north of Site have been constructed.
Otherwise, the surrounding area appears similar to 1983
(Aerial and Topo).
Telephone listings for Walmart store and McDonald’s
restaurant at Site address. Telephone listing for Ray’s
Food Place at 15930 Dam Road. Telephone listing for
McDonald’s restaurant at 15940 Dam Road. Telephone
listing for residence at 16005 Dam Road. (Directory).
Current Walmart store and related parking lots have
been constructed. Grocery store and restaurant buildings
located south of Site. Otherwise, Site vicinity appears
similar to 1993 (Aerial).
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
4.4
From
1998
To
2000
2000
2005
2005
2007
2007
2009
December 18, 2009
Observed Site and Area Use
Telephone listings for Walmart store at Site address.
Telephone listing for Ray’s Food Place at 15930 Dam
Road. Telephone listing for McDonald’s restaurant at
15940 Dam Road. Telephone listing for residence at
16005 Dam Road (Directory).
Site and surrounding area similar to 1998 (Aerial).
Walmart and US Cellular listed at Site address.
Telephone listing for Ray’s Food Place at 15950 Dam
Road. Telephone listings for residences at 16005 and
16010 Dam Road (Directory).
Site and surrounding area appear similar to present-day
configuration (Site Reconnaissance).
Business Environmental Risk Issues
As specified in Wal-Mart’s Wal-Mart Stores, Inc. Environmental Due Diligence Policy,
Standards, Protocols & Guidance, TES considered and/or identified the following
“business environmental risk issues:”
•
•
•
•
•
•
•
•
•
•
•
•
•
Asbestos-Containing Materials
Radon
Indoor Air Quality
Lead-Based Paint
Environmental Regulatory Compliance
High Voltage Power Lines
Cultural, Historic, and Archeological Resources
Wetlands and Surface Waters
Threatened, Endangered, and Other Protected Species
Wildlife Sanctuaries and Other Natural Resource Preserves
Biological Agents
Mold
Potential Impacts/Implications of Environmental Issues for Site Development and
Construction
4.4.1 Asbestos-Containing Materials
Per Wal-Mart’s guidelines, TES conducted a Preliminary Asbestos Inspection (PAI) of
the existing Walmart retail store building on July 24, 2009. A California Occupational
Safety and Health Administration (Cal/OSHA) Certified Asbestos Consultant (CAC),
Fidel Flores, CAC Number 08-4375, conducted the inspection. A copy of his
certification is included in Appendix A. The objective of the building inspection was to
identify the locations, quantities, and conditions of suspect asbestos-containing building
materials (ACBM) within the proposed building expansion area. This area includes the
western and northern portion of the current building, the Tire & Lube Express (TLE), the
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
truck loading dock and some modifications along the front of the existing building
(Figure 2). Although typically excluded from the scope of a PAI, at the request of WalMart, roofing materials were inspected and sampled. The inspection was conducted in
general accordance with the applicable Asbestos Hazard Emergency Response Act
(AHERA; 40 CFR 763) requirements.
The building is primarily of concrete-block construction. The building interiors consist
of drywall walls and either carpeting or vinyl floor tiles on the floors. The ceiling of the
retail store area consists of suspended acoustical fiberglass ceiling panels. The first
portion of the survey involved a visual inspection of the structure to identify visible and
readily accessible suspect ACBM. Suspect ACBM are those materials historically
known to contain asbestos, such as floor tiles and mastic, piping insulation, sprayed-on
acoustic materials, and roofing materials. Following the visual portion of the survey,
representative bulk samples were collected from accessible materials that appeared to
represent each homogeneous group of ACBM that could be sampled without damaging
the building.
TES collected a total of 26 samples of suspect ACBM as part of the PAI. The samples
included vinyl floor tile and mastic; drywall and joint compound; door, wall expansion,
and roof flashing caulking; baseboard adhesive; roof mastic; and roofing material. The
bulk samples were submitted to LA Testing in Los Alamitos, California. LA Testing is
certified by the California Department of Public Health (CDPH) and participates in the
National Voluntary Laboratory Accreditation Program (NVLAP). Each sample was
analyzed for asbestos content using U.S. Environmental Protection Agency (EPA)
Method 600/R-93/116 (polarized light microscopy).
Laboratory results of the sampling are summarized in Table 4. Copies of the chain-ofcustody form and laboratory analytical report are included as Appendix J. Sample
locations are indicated on Figure 3. Analytical results indicate that asbestos was detected
in the roofing mastic at roof penetrations, roof patches, and at base of HVAC units
mounted on the roof. Asbestos was not detected in the remaining samples analyzed.
Prior to any removal, remodeling, maintenance, or demolition activities that would
disturb the identified ACBM, these materials must be removed by a licensed asbestos
abatement contractor. Cal/OSHA regulations mandate that only a licensed asbestos
abatement contractor be used to abate/remove ACBM.
4.4.2 Radon
The U.S. EPA and the U.S. Geological Survey have evaluated the radon potential in the
U.S. and have developed maps to assist national, state, and local organizations to target
their resources and to assist building code officials in deciding whether radon-resistant
features are applicable in new construction. TES reviewed the map for California and
noted that Lake County, in which the Site is located, is listed as “Zone 3” (low potential:
predicted average indoor radon screening level less than two picoCuries per liter).
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
4.4.3 Indoor Air Quality
TES did not identify documentation regarding current indoor air quality within the
building located at the Site. It is known that some retail and educational entities in the
Site vicinity use and/or store hazardous materials and/or hazardous waste (see Section
4.1). Based on information obtained from the EDR database report and governmental
agency files, TES did not identify information to indicate that leaks or spills of these
materials occurred from these facilities.
4.4.4 Lead-Based Paint
On July 24, 2009, a CDPH certified lead inspector/assessor, Fidel Flores (Lead
Inspector/Assessor Number 7871) conducted a visual inspection of the Site building for
the likely presence, location, and condition of suspect lead-based paint (LBP) on
structure surfaces. The current building and equipment (e.g., parking lot stops, bollards)
at the Site were constructed/installed in the early 1990s. Thus, TES estimates that a low
likelihood exists that lead-based paint was used on the building or equipment, and these
materials are not considered to be suspect LBP. All of the materials appeared to be in
good condition and peeling or flaking paint was not observed. Thus, TES concludes that
a LBP survey is unnecessary.
4.4.5 Environmental Regulatory Compliance
TES contacted relevant governmental agencies regarding reasonably ascertainable
environmental permits that have been issued in connection with previous or on-going
development activities or operations at the Site. TES was not provided any permits that
potentially could impact Wal-Mart’s future intended use of the Site.
4.4.6 High Voltage Power Lines
High voltage power lines are present approximately 0.15 mile west and 0.3 miles east of
the Site.
4.4.7 Cultural, Historic, and Archeological Resources
As part of the Phase I ESA, TES spoke with Nathalie Antus, a City of Clearlake Planning
Department (CPD) representative, to request information about cultural, historic, or
archeological resources in the Site area. Ms. Antus stated that, because of the
development of the Site and surrounding area, she did not believe that cultural, historic,
or archeological resources are present at the Site or its immediate surroundings. In
addition, she provided TES with copies of the following documents:
•
Draft Environmental Impact Report (EIR), Clearlake Shopping Center, a portion
of which includes the Site (LCA, 1992)
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
•
December 18, 2009
Supplementary Archaeological Investigation of the Clearlake Retail Center,
Prehistoric Site CA-LAK-510, Clearlake, Lake County, California (Sonoma State
University, 1995)
As indicated in these documents (portions of which are included in Appendix K), the Site
and surrounding area lie within the northern extent of CA-LAK-510, a major
archaeological site. This is an archaeological site of major importance that has yielded
information of 10,000 years of Clear Lake prehistory. Prior to development of the
Clearlake Shopping Center, Archaeological Services, Inc. (AS) performed a complete
review of the project area to determine potential impacts on archaeological resources and
required mitigations. AS prepared an Archaeological Field and Laboratory Work Plan to
guide the development of the Site and surrounding area.
A supplementary archaeological investigation occurred in 1993. This investigation,
conducted by the Anthropological Studies Center of Sonoma State University (ASC),
centered on a single, possible archaeological feature encountered in the middle of a small
basin in the Site area. ASC determined that the feature was of natural origin and
recommended that no further archaeological investigations be conducted.
Additionally, EDR performed a database search of the following sources:
• US Federal Lands
• California Natural Diversity Database
• National Register of Historic Places
• County Endangered Species
• California Historic Landmarks
• Indian Reservation
EDR reported that historic resources are not located within one mile of the Site.
During its Site reconnaissance, TES noted that the Site is fully developed, and has been
since the early 1990s. Thus, no indications of any presence of cultural, historic, or
archaeological resources were identified at the Site. Based on these observations, TES
concludes that further Site development should not be restricted due to the presence of
cultural, historical, or archaeological resources at the Site.
4.4.8 Wetlands and Surface Waters
TES did not identify wetlands or surface waters at the Site. The draft EIR (1992)
indicates that the major natural feature of the Site area is Cache Creek, located about
2,000 feet south of the Site. Development of the Site and Clearlake Shopping Center
reportedly would not substantially affect Cache Creek.
EDR performed a database search of the National Wetlands Inventory Data to assess if
wetlands are currently located at or near the Site. As shown in EDR’s report (Appendix
K), wetlands were not identified within a one-mile radius of the Site.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
4.4.9 Threatened, Endangered, and Other Protected Species
TES requested information about threatened, endangered, or other protected species
within or adjacent to the Site area from the CPD. Ms. Antus stated that she was unaware
of threatened, endangered, or other protected species at the Site or its immediate
surroundings. In addition, TES reviewed the 1992 EIR (Appendix K). This report
indicated that riparian habitat, vernal pools, or serpentine soils fitting the California
Department of Fish and Game guidelines had not been reported in the Site vicinity prior
to 1992. The report also indicated that rare or endangered species were not expected to
nest at the Site, though some Species of Special Concern (sharp-shinned hawks and
Cooper’s hawks) may have fed at the Site. Neither of these species was considered rare
or endangered.
EDR performed a search of the California Natural Diversity Database and the
Endangered Species Protection Program Database (Appendix K). Database information
indicates that several bird, insect, mammal, and plant species are known to be located in
Lake County. Only the Foothill Yellow-Legged frog, Hall’s harmonia, and Western,
Yellow-Billed cuckoo are listed as having been observed within one mile of the Site.
However, none was reported as having been seen at the Site.
Based on this information, and because of the development of the Site and surrounding
area, TES does not believe that threatened, endangered, or other protected species
currently exist at the Site.
4.4.10 Wildlife Sanctuaries and Other Natural Resource Preserves
TES spoke with Ms. Antus about wildlife sanctuaries and other natural resource
preserves within or adjacent to the Site area. She stated that she was unaware of wildlife
sanctuaries and other natural resource preserves at the Site or its immediate surroundings.
The 1992 EIR indicated that no endangered animals had been reported in the Site vicinity
in recent times prior to 1992.
TES did not identify evidence of a wildlife sanctuary or other natural resource preserve at
the Site during the Site reconnaissance. Based on this information, TES does not believe
that the Site is located sufficiently proximate to a wildlife sanctuary or other natural
resource preserve such that it is likely to have a material impact on or otherwise be
relevant to Wal-Mart’s future intended use of the Site.
4.4.11 Biological Agents
TES did not identify biological agents at or sufficiently near the Site during its Site
reconnaissance.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
4.4.12 Mold
TES did observe isolated areas of water-stained wall materials within the Walmart
building. TES did observe possible mold growths within some of the water-stained areas.
However, these mold growths appeared to be limited in area (i.e., less than a few square
inches). Thus, TES does not believe that mold could likely have an impact on or
otherwise be relevant to Wal-Mart’s future intended use of the Site.
4.4.13 Potential Impacts/Implications of Environmental Issues for Site Development and
Construction
TES did not identify potential impacts/implications of environmental issues for Site
development and construction.
4.5
Review of TES Limited Phase I ESA Report
TES performed a limited Phase I ESA for the Site in June 2007. Based on a review of
environmental database information for the Site and surrounding area, historical aerial
photographs of the Site area, and the Site owner representative interview, TES concluded
that the probability was low that current or previous Site operations had impacted
underlying soil and/or groundwater to levels exceeding de minimis conditions.
4.6
Review of Twining Laboratories Geotechnical Engineering Investigation Report
The Twining Laboratories, Inc. (Twining) performed a geotechnical engineering
investigation for the Site in 1991. The purpose of the investigation was to evaluate the
subsurface conditions and provide geotechnical engineering design parameters and
recommendations for use in the project design and preparation of construction
specifications. In June 1991, Twining drilled 10 test borings to depths between 6.5 feet
bgs to 19.5 feet bgs at the Site. Groundwater was not encountered in any of the borings.
Twining did not report evidence of environmental impacts to subsurface soil or
groundwater (Twining, 1991).
5.0
SITE RECONNAISSANCE
Site Reconnaissance Information:
Date of Site Visit: May 27, 2009
Personnel: Steve Mulligan, TES
Escort: Wal-Mart employee
As indicated above, Steve Mulligan conducted the Site reconnaissance. Mr. Mulligan
has extensive experience in conducting Phase I ESAs and meets the definition of an
“environmental professional,” as defined in ASTM Standard 1527-05. Mr. Mulligan
completed the Wal-Mart Phase I ESA Report Summary, included in Appendix C.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
5.1
December 18, 2009
General Site Observations
TES noted that a Walmart retail store building and related parking lots currently occupy
the Site. The building has been used as a Walmart retail store since its construction.
Pertinent building facts follow:
•
•
•
•
•
Date of construction – 1993
Approximate interior square footage – 103,740 square feet
Structure construction type – concrete
Heating system – natural gas-fired
Foundation – slab on grade (no basement or crawl space)
During its Site reconnaissance, TES walked through the interior sections of the building
and the Site property surrounding the building.
5.2
General Site Environmental Conditions
TES observed the following environmental conditions at the Site during its Site
reconnaissance.
5.2.1 USTs
TES did not observe evidence of any existing USTs at the Site. Regulatory agency file
information (included in Appendix M) and a listing in the EDR database report indicate
that a 1,000-gallon waste oil UST existed at the Site in the 1990s. The UST was installed
in 1993 and was removed in 1998. Soil samples were collected at the time of removal,
and Lake County Health Services Department granted regulatory agency closure of the
tank removal in a letter dated October 29, 1998. Additional information regarding this
tank is presented in Section 6.0.
5.2.2
Aboveground Storage Tanks
Several aboveground storage tanks (ASTs) are located in the oil change pit of the TLE.
These tanks are used to store new motor oil and waste motor oil. The ASTs include
secondary containment as an integral part of their design.
During the Site
reconnaissance, TES observed heavy staining of the concrete pavement beneath the
tanks. However, the structural integrity of the concrete appeared intact; thus, TES does
not anticipate impacts to underlying soils and/or groundwater that exceed de minimis
levels.
5.2.3
Hazardous Materials Storage Areas
TES noted a hazardous materials storage area adjacent to the TLE. Within this area, TES
observed several used lead-acid batteries stored on pallets resting on secondary
containment. In addition, TES observed spent tires and a plastic drum containing
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
crushed oil filters stored within this area. TES noted staining on the concrete floor of the
storage area, but also noted that the floor appeared to be structurally sound. Thus, TES
does not anticipate impacts to underlying soils and/or groundwater that exceed de
minimis levels.
TES also observed a hazardous materials storage area within the retail store building.
This area was located in the retail product storage section of the building. It contained
spent absorbent material used to soak up spills of hazardous retail products and store
maintenance products. The containers used to store the spent absorbent materials were
located on a secondary containment pallet. TES observe some floor staining around the
pallet, but also noted that the floor appeared to be structurally sound. Accordingly, TES
does not anticipate impacts to underlying soils and/or groundwater that exceed de
minimis levels.
5.2.4 Other Hazardous Materials/Hazardous Waste Storage
During the Site reconnaissance, TES observed hazardous material storage at various
locations around the Site. Most of these materials were stored as part of the Walmart
inventory for resale. These materials included motor oil, antifreeze, automotive batteries,
organic-based solvents, paints, household cleaning products, photographic chemicals,
swimming pool supplies, and pesticides/herbicides. Material Safety Data Sheets for
these products are available at the Walmart store.
Product materials were stored in their original containers, usually containers of 5-gallon
capacity or less. Photographic chemicals were in original containers located within the
film development equipment. Used motor oil was stored in an AST with secondary
containment. Spent batteries were stored on secondary containment pallets at or adjacent
to the automotive service center. During the Site reconnaissance, TES did not observe
staining of the flooring in these hazardous materials storage areas.
5.2.5
Clarifier
TES noted an underground clarifier inside the TLE. As indicated by John Merrell, Jr. (a
TLE supervisor), the clarifier is used to process wastewater and other liquid materials
generated from the automotive maintenance operations. The clarifier was placed into
operation when the Wal-Mart store began operations in the early 1990s. Sludge is
periodically pumped from the separator and disposed at a California-permitted recycling
facility. Mr. Merrell, Jr. was not aware of leaks from the clarifier or associated piping.
5.2.6
Drains/Sumps
During the Site reconnaissance, TES noted a drain in the oil change pit of the TLE. TES
did not observe oil-staining of the flooring around the drain. Mr. Merrell, Jr. told TES
that the floor drain discharges to the clarifier discussed in Section 5.2.5. Should oil or
wastewater enter the sump, it would be pumped to the clarifier.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
TES observed floor drains throughout the retail store building. In most cases, these
drains serve to collect condensate from refrigeration equipment. TES did not note
evidence of staining around the drains.
In addition, TES noted stormwater collection drains and/or sumps in the driveways,
parking areas, and loading dock bays around the Site. TES did not observe staining
around these drains or sumps that could lead to impacts to underlying soils and/or
groundwater that exceed de minimis levels.
5.2.7
Facility Mechanical Equipment
The following mechanical equipment is located at the Site:
•
•
•
•
•
Refrigeration equipment
HVAC equipment
Pad-mounted electrical transformer
Gas-fired hot water heaters
Air compressor
HVAC and refrigeration equipment is located behind the building (HVAC equipment) or
within the retail sales floor of the building (coolers for food items). Hot water heaters are
located at several locations within the building. The air compressor is also located within
the building.
A pad-mounted electrical transformer is located along the northern perimeter of the Site.
The transformer appeared to be in good condition with no visible leaks, and no visible
staining was noted in the area around the transformer.
5.2.8 Solid Waste Dumpster
A trash dumpster is located at the rear of the building. The solid waste contained in this
dumpster appeared to be primarily waste paper products and general refuse. The area
beneath the container was asphalt-paved, and evidence of stained asphalt was not
apparent. No hazardous waste was seen in or around the dumpster.
5.3
Hazardous Building Materials Survey
TES performed a hazardous building materials (HBM) survey of the Walmart building on
July 24, 2009. The survey included a visual inspection of equipment that potentially
could contain polychlorinated biphenyls (PCBs), mercury, and chlorofluorocarbons
(CFCs). Results of the inspection are as follows:
Potential PCB-Containing Equipment Inspection: TES inspected readily-accessible
fluorescent light ballasts, hydraulic fluid-containing equipment (e.g., cardboard
compactor and trash compactor), and electrical transformers for labels or other
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
indications that would indicate if equipment contained PCBs. TES did not identify
hydraulic fluid-containing equipment or electrical transformers with labels or other
indications that the equipment contained PCBs. In no instance did TES observe evidence
of leakage from equipment inspected for PCBs.
Potential Mercury-Containing Equipment Inspection: TES inspected readilyaccessible electrical switches and heating, ventilation, and air conditioning (HVAC) units
for labels or other indications that would indicate if equipment contained mercury. TES
did not identify electrical switches or HVAC units with labels or other visible indications
that the equipment contained mercury. In no instance did TES observe evidence of
leakage from equipment inspected for mercury.
Potential CFC-Containing Equipment Inspection: TES inspected readily-accessible
refrigerators, coolers, and AC units for labels or other indications that would indicate if
equipment contained CFCs. TES did not identify any equipment with labels or other
indications that the equipment contained CFCs. Also, in no instance did TES observe
evidence of leakage from equipment inspected for CFCs.
During the HBM survey, TES inspected readily-accessible equipment for potential PCB,
mercury, or CFC content. TES cannot warrant that all equipment potentially containing
PCBs, mercury, or CFCs was included in the survey. Some equipment, such as
fluorescent lighting and electrical switches, could not be accessed due to building
configuration (i.e., numerous ceiling lighting located more than 25 feet above the floor)
or contained within operating electrical panels (and therefore a safety issue).
Emergency exit signs are present within the store. As indicated by Walmart personnel,
these are the original signs, placed into service in the 1990s.
Accordingly, TES cautions that, during building modifications or replacement of existing
equipment, equipment containing PCBs, mercury, or CFCs, or tritium-containing
emergency exit signs, may be encountered. If such equipment is encountered, TES
recommends that, prior to disturbance of any area where HBMs are located, all switches,
ballast-containing materials, etc. shall be removed and carefully stored for possible
reuse. If these materials are not to be reused, then they should be disposed and/or
recycled in accordance with all applicable laws. These include the California Hazardous
Waste Control Law and other federal, state, and local regulations.
5.4
General Off-Site Environmental Conditions
Retail/commercial businesses, associated parking areas, and vacant land are located in
the immediate area surrounding the Site. Some of the retail/commercial businesses sell
or use hazardous materials as part of their operations. TES did not note evidence to
indicate that spills or leaks of hazardous materials from off-Site sources have impacted
the Site.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
6.0
December 18, 2009
GOVERNMENTAL AGENCY FILE REVIEWS
TES contacted several governmental agencies with jurisdiction for the Site and nearby
businesses. The following sections summarize the findings of this review.
Records Review, Geotracker
File records for the Site are not included in the Geotracker database. TES reviewed the
Geotracker database for other facilities that are located in the Site vicinity. The closest
“Open Case” facility to the Site listed in the Geotracker database is the Shaw’s Shady
Acres marina (7805 Cache Creek Way), located about 800 feet southwest of the Site.
EBA Engineering (EBA) conducted a subsurface investigation at the Shaw’s Shady
Acres facility in January 2008. The purpose of the investigation was to assess impacts to
underlying soil and groundwater from a previous UST leak of gasoline. Based on its
findings, EBA concluded impacted soil appeared to be confined to a one- to two-foot
thick layer of clay beneath the facility. Groundwater monitoring data collected in March
2009 show that the concentrations of gasoline-related compounds in groundwater beneath
the facility have decreased to non-detect levels. Thus, based on the limited migration of
impacted groundwater and the distance of this facility from the Site, TES estimates that
the probability of these compounds impacting the Site is minimal. Copies of a portion of
the first quarter 2009 groundwater monitoring and sampling (the latest document
available on the Geotracker website) and the subsurface investigation report are included
in Appendix L.
Records Review, Lake County Health Services Department
TES visited the offices of the Lake County Health Services Department (LCHSD) to
review files for the Site. TES reviewed the following files relating to the Site:
•
Hazardous Materials Business Plan Annual Update, dated December 29, 2008:
Information included in the update indicates that hazardous materials were
present at the Walmart store. These materials included carbon dioxide, helium,
propane, new and used motor oil, lubricating oil, windshield washer fluid, used
oil filters, used car batteries, and photo-processing silver. The update also
indicates that aboveground tanks are located at the Site and hazardous waste is
generated within the facility.
•
Hazardous Materials Inspection Reports, dated December 30, 2008, December 5,
2006, November 15, 2006, October 26, 2006, June 10, 2002, April 17, 2002,
March 28, 2002, January 23, 2002, and January 4, 2000: These reports indicate
minor hazardous waste labeling and business plan issues. The reports do not
indicate hazardous material impacts to underlying soil or groundwater.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
•
Letter from Wal-Mart outside attorney regarding exemption for USTs at Walmart
store, dated November 28, 2006: Wal-Mart outside attorney requests exemption
for below-grade tanks in pit of TLE.
•
“No Further Action” letter issued by LCHSD for UST removed in 1998, dated
October 29, 1998. Letter states that, based on LCHSD’s review and field
observations, it requires no further action regarding the former 1,000-gallon waste
oil UST.
•
Inspector’s UST Closure Worksheet, dated September 11, 1998: Worksheet
indicates that LCHSD inspector did not observe “obvious signs of tank failure or
contamination” during the removal of the 1,000-gallon waste oil UST.
•
County of Lake Underground Storage Tank Operating Permits for 1994 and 1995:
Permits are for 1,000-gallon waste oil UST.
•
On-Site Hazardous Waste Treatment Notification Form, dated August 30, 1995:
Form provides notification to LCHSD regarding conditionally-exempt treatment
of waste stream from photo-processing equipment.
•
Letter from LCHSD issuing validated permit to operate 1,000-gallon waste oil
UST, dated March 25, 1994.
•
Tank test results for the 1,000-gallon waste oil UST, dated December 28, 1993.
•
Draft letter from LCHSD to Wal-Mart regarding installation of 1,000-gallon UST
at Site, dated September 20, 1993: Letter requests additional information before
permit can be issued.
•
Underground Storage Tank Permit Application, dated August 17, 1993:
Application is for 1,000-gallon waste oil UST.
Copies of these documents are included in Appendix M.
Records Review, City of Clearlake Fire Department
TES visited the offices of the Clearlake Fire Department (CFD) to inquire if the CFD
maintained environmental files for the Site. The CFD informed TES that it had no
environmental records regarding the Site; it did have fire inspection reports.
Records Review, City of Clearlake Building Department
TES visited the offices of the Clearlake Building Department (CBD) to review files
maintained for the Site. TES made the following observations:
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
1. Building permit finalized on April 10, 2009 - Permit issued for remodel of
pharmacy, photo-processing center, garden section, offices, restrooms, and TLE
portions of Walmart retail store.
2. Letter from Wal-Mart to City of Clearlake, dated November 18, 2008 – Wal-Mart
notifies City of Clearlake about pending remodeling of photo-processing center
within Walmart store. Existing system with silver recovery unit to be replaced with
digital system that does not produce wastewater or silver.
Copies of the CBD file information reviewed by TES are included in Appendix N.
Records Review, Munger Map Book
TES reviewed the Munger Map Book (Munger, 1988) to identify any uncompleted,
abandoned oil wells located in the Clearlake environs. Oil and/or gas wells are not
indicated as having been located on or near the Site.
7.0
FINDINGS
7.1
On-Site Environmental Issues (Current and Historical)
Hazardous materials are stored at the Site, both in the retail operations and the TLE
section (automotive service operations) of the Walmart store. During the Site
reconnaissance, TES did not observe evidence or documentation of leaks or spills of
hazardous materials from these operations that potentially could have impacted
underlying soil and/or groundwater exceeding de minimis values. TES did observe
significant staining of concrete floors where hazardous or regulated waste materials were
located. However, TES also noted that the structural integrity of these concrete floors
appeared intact. Thus, TES does not anticipate impacts to underlying soils and/or
groundwater that exceed de minimis levels.
7.2
Off-Site Environmental Issues (Current and Historical)
Retail/commercial businesses, associated parking areas, and vacant land are located in
the immediate area surrounding the Site. Some of the retail/commercial businesses sell
or use hazardous materials as part of their operations. TES did not note evidence to
indicate that spills or leaks of hazardous materials from off-Site sources have impacted
the Site.
8.0
CONCLUSION
TES has performed a Phase I ESA in conformance with the scope and limitations of
ASTM Practice E 1527-05 of 15960 Dam Road in Clearlake, California, the property.
Any exceptions to, or deletions from, this practice are described in Section 1.5 of this
report. This assessment has revealed no evidence of RECs in connection with the
property.
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Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
9.0
December 18, 2009
REFERENCES
ASTM, Standard Practice for Environmental Site Assessments: Phase I Environmental
Site Assessment Process, E1527-05, 2005.
California Regional Water Quality Control Board-Central Valley Region, Letter to Colin
Wilson Regarding Review of Soil Vapor Sampling Results: SV-1 and SV-2 for Shaw’s
Shady Acres Marina, Case #170094, April 8, 2009.
California Regional Water Quality Control Board-Central Valley Region, Letter to Colin
Wilson Regarding Review of Additional Investigation Report for Shaw’s Shady Acres
Marina, Case #170094, July 22, 2008.
Closure Solutions, Inc., First Quarter 2009 Groundwater Monitoring Report, Former
Lower Lake Union Oil Station, 16095 Main Street, Lower Lake, California, Prepared for
James E. and Gail R. Jonas, March 13, 2009.
EBA Engineering, Soil Vapor Sampling Results: SV-1 and SV-2, Shaw’s Shady Acres,
7805 Cache Creek Way, Clearlake, California, Prepared for Colin Wilson, February 25,
2009.
EBA Engineering, Report of Subsurface Investigation, Shaw’s Shady Acres Marina, 7805
Cache Creek Way, Clearlake, California, Prepared for Colin Wilson, July 16, 2008.
EBA Engineering, First Quarter 2009 Groundwater Monitoring and Sampling Report,
Shaw’s Shady Acres, 7805 Cache Creek Way, Clearlake, California, Prepared for Colin
Wilson, April 9, 2009.
Leonard Charles & Associates, Inc., Draft Environmental Impact Report, Clearlake
Shopping Center, Clearlake, California, Prepared for City of Clearlake, January 1992.
Sonoma State University, Supplementary Archaeological Investigation Of The Clearlake
Retail Center, Prehistoric Site CA-LAK-510, Clearlake, Lake County, California,
December 11, 1995.
State Water Resources Control Board, Geotracker Summary Page for Cheaper #154
Located at 9950 Hwy 53, Lower Lake, CA, undated.
State Water Resources Control Board, Geotracker Summary Page for Lower Lake Shell
Located at 16345 Hwy 29, Lower Lake, CA, undated.
Tait Environmental Management, Inc., Final Limited Phase I Environmental Site Assessment
Report, Wal-Mart Store #1979-02 Expansion, 15960 Dam Road, Clearlake, California,
Prepared for Tait & Associates, Inc., June 30 2008.
23
Final Phase I Environmental Site Assessment Report
Wal-Mart Expansion #1979-02
Clearlake, California
December 18, 2009
The Twining Laboratories, Inc., Geotechnical Engineering Investigation, Proposed WalMart Store, Clearlake, California, Prepared for Wal-Mart Stores, Inc., August 2, 1991.
TRCsolutions, Inc., Quarterly Monitoring Report, April through June 2009, Bulk Plant
0389, 16445 Morgan Valley Road, Lower Lake, California, Prepared for ConocoPhillips
Company, June 10, 2009.
Database Reports
Environmental Data Resources, Inc., EDR NEPA Check Retail Store-Clearlake, Lake
County, Clearlake, CA 95422, May 29, 2009.
Environmental Data Resources, Inc., The EDR Radius Map with GeoCheck, Retail StoreClearlake, Lake County, Clearlake, CA 95422, June 1, 2009.
Environmental Data Resources, Inc., The EDR-City Directory Abstact, Retail StoreClearlake, Lake County, Clearlake, CA 95422, June 3, 2009.
Environmental Data Resources, Inc., EDR Environmental LienSearch Report, Retail
Store-Clearlake, Lake County, Clearlake, CA 95422, June 5, 2009.
Oil and Gas Well Maps
TES reviewed the 1988 Munger Map Book of California-Alaska oil and gas fields.
Topographic Maps
U.S. Geological Survey (USGS), Lower Lake, California Quadrangle, 7.5 Minute Series,
Topographic map 1958.
U.S. Geological Survey (USGS), Lower Lake, California Quadrangle, 7.5 Minute Series,
Topographic map 1975, photorevised 1958.
U.S. Geological Survey (USGS), Milpitas, California Quadrangle, 7.5 Minute Series,
Topographic map 1973, photorevised 1961.
U.S. Geological Survey (USGS), Lower Lake, California Quadrangle, 7.5 Minute Series,
Topographic map 1995.
Aerial Photographs
TES reviewed the following photographs:
Aerial photographs taken in 1942, 1958, 1972, 1983, 1993, 1998, and 2005.
Geotracker Information
SWRCB, website at www.geotracker.swrcb.ca.gov, 2009.
24
N
DRAWN BY: AH
REVIEWED BY: SM
SITE VICINITY MAP
WALMART STORE 1979
15960 DAM ROAD
CLEARLAKE, CALIFORNIA
PROJECT: WA1119A
DATE: SEPTEMBER 2009
FIGURE 1
WA1119A
SEPTEMBER 2009
13
11
12
02
03
20
14
19
18
01
09
23
22
04
26
25
24
05
15
06
07
10
21
08
17
16
N
01 Interior Sample Location
00 Interior Sample Location with Asbestos
12 Exterior Sample Location
NOT TO SCALE
21 Exterior Sample Location with Asbestos
DRAWN BY: AH
REVIEWED BY: SM
ASBESTOS SAMPLE LOCATIONS
WALMART STORE 1979
15960 DAM ROAD
CLEARLAKE, CALIFORNIA
PROJECT: WA1119A
DATE: SEPTEMBER 2009
FIGURE 3
TABLE 1
Summary of Agencies/Persons Contacted
Agency/Affiliation
Contact Name
Phone Number
Counter Person
(707) 994-8201
Counter Person
(707) 994-8201
Counter Person
(800) 468-4743
Lake County Health Services
Department
Counter Person
(707) 263-1164
City of Clearlake Fire Department
Fire Chief
(707) 994-8201
City of Clearlake Building
Department
Counter Person
(707) 994-8201
City of Clearlake Planning
Department
Counter Person
(707) 994-8201
Pontip
Wal-Mart Assistant
Manager
(707) 994-6881
Municipal Water Provider
City of Clearlake
Sewer Provider
City of Clearlake
Electric Power Provider
Pacific Gas & Electric
Agencies
Interviews
Site Owner Representative
TABLE 2
Summary of General Site Observations
Issue
ASTM
Section
Potable Water Supply
8.4.1
Observed
Present
(yes/no)
Yes
Additional
Information
Municipal Sewer System
8.4.1
Yes
Table 1
Equipment Containing PCBs
8.4.2
No
Storage Tanks (UST/AST)
8.4.2
Yes
Drums
8.4.2
No
Section 5.3
Sections 5.2.1, 5.2.2,
and 6.0
Section 5.2.3
Odors
8.4.2
No
---
Pools of Liquids
8.4.2
No
---
Drains/Sumps
8.4.3
Yes
Sections 5.2.1 and 5.2.6
Stained Soil, Pavement, Floors
8.4.3
Yes
Sections 5.2.2, 5.2.3,
5.2.4, and 5.2.6
Monitoring Wells
8.4.4
No
---
Dry Wells
8.4.4
No
---
Water Supply Wells
8.4.4
No
---
Abandoned Wells
8.4.4
No
---
Septic System
8.4.1
No
---
Stormwater Storage Area
8.4.4
No
---
Wastewater Treatment/Storage
8.4.4
Yes
Section 5.2.5
Improper Waste/Debris Disposal
8.4.4
No
---
Fill Material
8.4.4
No
---
Stressed Vegetation
8.4.4
No
---
Table 1
TABLE 3
Summary of Database Search
Environmental Data Resources, Inc. (June 1, 2009)
Database
Type
Number of Listings in Specified Search Radius (miles)
< 1/8
1/8 to 1/4
1/4 to ½
½ to 1
National Priority List (NPL)
0
0
0
0
RCRA Corrective Action
0
0
0
0
State Equivalent NPL/CERCLIS
0
0
0
0
Leaking Underground Storage
Tanks
0
2
1
0
National CERCLIS/NFRAP
0
0
0
0
RCRA Permitted Treatment,
Storage and Disposal
0
0
1
Solid Waste Landfills
0
0
0
Registered USTs/ASTs
0
0
1
RCRA Violations
0
0
Toxic Release Inventory
0
Federal ERNS/Spills
0
RCRA Generators
0
Note:
See Appendix F for complete report and maps identifying facilities summarized above, including a
description of each database reviewed.