Resolution 5742 - Laserfiche WebLink

ATTACHMENT 1 After public notice and comment, Ecology issued the Integrated Final Cleanup Action Plan and Final Environmental Impact Statement for the upland portion of the Everett Smelter Site (FCAP/FEIS) on November 19, 1999, which includes the Redevelopment Area. The FCAP/FEIS included an integrated cleanup and land use analysis by Ecology and the City, addressing both Ecology's cleanup decisions and the City's future land use decisions. The FCAP/FEIS required, among other things, that all material within the Fenced Area with an arsenic concentration greater than 3,000 milligrams/kilogram (mg/kg, equivalent to parts per million or ppm) be excavated and either placed in an on-site containment facility or sent off-site to a facility permitted to accept such waste. This requirement was based on concern over leaving high levels of contamination in an urban neighborhood that, if exposed, could constitute an immediate threat to human health. The FCAP/FEIS provided for a permanent on-site landfill within the Fenced Area to handle the material with concentrations below3,000 mg/kg. That cleanup plan prohibited single family residential uses on the site. An Amendment to the FCAP and Addendum to the FEIS, the "Amendment and SEPA Addendum to the Integrated Final Cleanup Action Plan and Final Environmental Impact Statement for the Upland Area" (Addendum) was issued on March 18, 2003. The Addendum, which was a variation of the disposal alternative evaluated in the original FCAP, allowed a revised cleanup plan (described below), and future single family residential land use. The current cleanup plan and environmental review is simply referred to as the "FCAP" in this Plan and related documents. Asarco proposed to Ecology that, rather than removing the material with arsenic concentrations exceeding 3,000 mg/kg as an interim action, Asarco would perform a final action for that portion of the site where the material has come to be located. Consistent with the original plan all material exceeding 3,000 mg/kg will be removed. In addition, material with arsenic concentrations between 150 and 3,000 mg/kg arsenic will also be removed. The site will be regraded, and a minimum of two feet of clean soil suitable for residential landscape vegetation will be imported to the site. As addressed in the Addendum, the plan also provides for cleaning up selected residential properties adjacent to the Fenced Area in the same manner. The arsenic concentration profile for residential use required by the FCAP will be met (see soil profile in Exhibit C), subject to institutional controls including deed restrictions (FCAP Section 6.7 and Prospective Purchaser Consent Decrees between EHA and Ecology, as summarized below). At the completion of the cleanup, the site will be suitable Community Renewal Plan-page 8