Item No. 8c - attach 1
Meeting Date: Sept. 22, 2026

UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 10

IN THE MATTER OF:
CERCLA Docket No. 10-2026-0216

Terminal 25 South,
Harbor Island Superfund Site,
East Waterway Operable Unit,
Seattle, Washington

ADMINISTRATIVE
SETTLEMENT AGREEMENT
AND ORDER ON CONSENT
FOR REMOVAL ACTION

Port of Seattle,
Respondent.
Proceeding Under Sections 104, 106(a), 107
and 122 of the Comprehensive Environmental
Response, Compensation, and Liability Act

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TABLE OF CONTENTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXIII.
XXIV.
XXV.

JURISDICTION AND GENERAL PROVISIONS...................................................... 3
PARTIES BOUND ....................................................................................................... 3
DEFINITIONS.............................................................................................................. 4
FINDINGS OF FACT................................................................................................... 6
CONCLUSIONS OF LAW AND DETERMINATIONS ............................................ 7
ORDER AND AGREEMENT...................................................................................... 8
COORDINATION AND SUPERVISION ................................................................... 8
PERFORMANCE OF THE WORK ............................................................................. 9
PROPERTY REQUIREMENTS ................................................................................ 15
FINANCIAL ASSURANCE ...................................................................................... 15
INDEMNIFICATION AND INSURANCE ............................................................... 19
PAYMENTS FOR RESPONSE COSTS .................................................................... 21
FORCE MAJEURE .................................................................................................. 222
DISPUTE RESOLUTION ........................................................................................ 233
STIPULATED PENALTIES .................................................................................... 244
COVENANTS BY EPA ........................................................................................... 255
COVENANTS BY RESPONDENT ......................................................................... 266
EFFECT OF SETTLEMENT; CONTRIBUTION ..................................................... 26
RECORDS .................................................................................................................. 27
NOTICES AND SUBMISSIONS............................................................................... 29
APPENDICES ............................................................................................................ 29
ALTERATIONS/DEVIATIONS................................................................................ 29
SIGNATORIES .......................................................................................................... 30
INTEGRATION ......................................................................................................... 30
EFFECTIVE DATE .................................................................................................... 30

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I.

JURISDICTION AND GENERAL PROVISIONS

1.
This Administrative Settlement Agreement and Order on Consent (Settlement) is
entered into voluntarily by the United States Environmental Protection Agency (EPA) and the
Port of Seattle (Respondent). This Settlement provides for performance by Respondent of a NonTime-Critical Removal Action (NTCRA) and payment by Respondent of Future Response Costs
incurred by the United States in connection with Terminal 25 South (T-25S), an area associated
with the East Waterway Operable Unit (EWOU) of Harbor Island Superfund Site located in
Seattle, Washington.
2.
This Settlement is issued under the authority vested in the President of the United
States by Sections 104, 106(a), 107, and 122 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9604, 9606(a), 9607, and 9622. This
authority was delegated by the President to the Administrator of EPA on January 23, 1987, who
in turn delegated the authority to the Regional Administrators in EPA Delegation Nos. 14-14A
(Determinations of Imminent and Substantial Endangerment, Jan. 31, 2017), 14-14C
(Administrative Actions through Consent Orders, Jan. 18, 2017), and 14-14D (Cost Recovery
Non-Judicial Agreements and Administrative Consent Orders, Jan. 18, 2017). This authority was
further redelegated by the Regional Administrator of EPA Region 10 through the Director of the
Superfund and Emergency Management Division (SEMD) to the Branch Manager of the SEMD
Remedial Cleanup Branch by Regional Delegations R10 14-14-A (April 15, 2019), R10 14-14-C
(July 30, 2024), and R10 14-14-D (July 30, 2024).
3.
EPA has notified the State of Washington (State) of this Settlement as prescribed
by Section 106(a) of CERCLA, 42 U.S.C. § 9606(a).
4.
EPA and Respondent recognize that this Settlement has been negotiated in good
faith and that the actions undertaken by Respondent in accordance with this Settlement do not
constitute an admission of any liability. Respondent does not admit, and retains the right to
controvert in any subsequent proceedings other than proceedings to implement or enforce this
Settlement, the validity of the Findings of Fact and Conclusions of Law and Determinations in
Sections IV and V. Respondent agrees to comply with and be bound by the terms of this
Settlement and to not contest the basis or validity of this Settlement or its terms.

II.

PARTIES BOUND

5.
This Settlement is binding upon EPA and upon Respondent and its successors and
assigns. Unless EPA consents otherwise, any change in ownership or corporate or other legal
status of Respondent, including any transfer of assets, does not alter Respondent's obligations
under this Settlement.
6.
Respondent shall provide written notice of this Settlement to each contractor hired
to perform the Work required by this Settlement and to each person representing Respondent
with respect to T-25S or the Work. Respondent's contractors shall provide written notice of the
Settlement to all subcontractors hired to perform any portion of the Work required by this
Settlement. Respondent shall be responsible for ensuring that its contractors and subcontractors

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perform the Work in accordance with the terms of this Settlement and shall be responsible for
any violations of this Settlement committed by its contractors and sub-contractors.

III.

DEFINITIONS

7.
Terms not otherwise defined in this Settlement have the meanings assigned in
CERCLA or in regulations promulgated under CERCLA. Whenever the terms set forth below
are used in this Settlement, the following definitions apply:
"Action Memorandum" means the Action Memorandum and all attachments thereto,
issued by EPA on June 24, 2026, setting forth the NTCRA decision for T-25S. The "Action
Memorandum" is attached as Appendix A to this Settlement.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. §§ 9601-9675.
"Day" or "day" means a calendar day. In computing any period under this Settlement, the
day of the event that triggers the period is not counted and, where the last day is not a working
day, the period runs until the close of business of the next working day. "Working Day" means
any day other than a Saturday, Sunday, or federal or State holiday.
"Effective Date" means the effective date of this Settlement as provided in Section
XXVI.
"EPA" means the United States Environmental Protection Agency.
"Fund" means the Hazardous Substance Superfund established under Section 9507 of the
Internal Revenue Code, 26 I.R.C. § 9507.
"Future Response Costs " means all costs (including direct, indirect, payroll, contractor,
travel, and laboratory costs) that the United States pays after the Effective Date in implementing,
overseeing, or enforcing this Settlement, including: (i) in developing, reviewing and approving
deliverables generated under this Settlement; (ii) in overseeing Respondent's performance of the
Work; (iii) in implementing community involvement activities under Paragraph 17; (iv) in
assisting or taking action to obtain access or use restrictions under Paragraph 29; (v) in taking
action under Paragraph 38 (Access to Financial Assurance); (vi) in taking response action
described in Paragraph 64 because of Respondent's failure to take emergency action under
Paragraph 21; (vii) in implementing a Work Takeover under Paragraph 28; and (viii) in
enforcing this Settlement, including all costs paid under Section XIV (Dispute Resolution) and
all litigation costs. Future Response Costs also include all Interest accrued after the Effective
Date on EPA's unreimbursed Future Response Costs under Section 107(a) of CERCLA, 42
U.S.C. § 9607(a).
"Including" or "including" means "including but not limited to."
"Interest" means interest at the rate specified for interest on investments of the Fund, as
provided under Section 107(a) of CERCLA, 42 U.S.C. § 9607, compounded annually on
October 1 of each year. The applicable rate of interest will be the rate in effect at the time the
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interest accrues. The rate of interest is subject to change on October 1 of each year. As of the
date EPA signs this Settlement, rates are available online at
https://www.epa.gov/superfund/superfund-interest-rates.
"National Contingency Plan" or "NCP" means the National Oil and Hazardous
Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42
U.S.C. § 9605, and codified at 40 C.F.R. Part 300, and any amendments thereto.
"NTCRA" means the Non-Time-Critical Removal Action to be implemented at T-25S in
accordance with the Action Memorandum and this Settlement.
"Paragraph" means a portion of this Settlement identified by an Arabic numeral or an
upper- or lower-case letter.
"Parties" means EPA and Respondent.
"Post-Removal Site Control" means actions necessary to ensure the effectiveness and
integrity of the NTCRA consistent with Sections 300.415(l) and 300.5 of the NCP, 40 C.F.R. §§
300.415(l) and 300.5, and the EPA "Policy on Management of Post-Removal Site Control"
(OSWER 9360.2-02, Dec. 3, 1990).
"RCRA" means the Solid Waste Disposal Act, 42 U.S.C. §§ 6901-6992k (also known as
the "Resource Conservation and Recovery Act").
"Respondent" means the Port of Seattle and its successors and assigns.
"Section" means a portion of this Settlement identified by a Roman numeral.
"Settlement" means this Administrative Settlement Agreement and Order on Consent, all
appendices attached hereto (listed in Section XXIXXI), and all deliverables approved under and
incorporated into this Settlement. If there is a conflict between a provision in Sections I through
XXV and a provision in any appendix or deliverable, the provision in Sections I through XXV
controls.
"State" means the State of Washington.
"Statement of Work" or "SOW" means the document attached as Appendix B to this
Settlement, which describes the activities Respondent shall perform to implement and maintain
the effectiveness of the NTCRA, and any modifications made thereto in accordance with this
Settlement.
"T-25" shall mean the upland area and in-water sediments encompassing
approximately 10 acres, generally located at the southwestern portion of parcel number
7666207905, 2917 East Marginal Way S, in the City of Seattle, King County, Washington,
as depicted on the diagram attached as Appendix C.

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"Transfer" means to sell, assign, convey, lease, mortgage, or grant a security interest in,
or when used as a noun, a sale, assignment, conveyance, or other disposition of any interest by
operation of law or otherwise.
"United States" means the United States of America and each department, agency, and
instrumentality of the United States, including EPA.
"Waste Material" means (a) any "hazardous substance" as defined in Section 101(14) of
CERCLA, 42 U.S.C. § 9601(14); (b) any pollutant or contaminant as defined in Section 101(33)
of CERCLA, 42 U.S.C. § 9601(33); (c) any "solid waste" as defined in Section 1004(27) of
RCRA, 42 U.S.C. § 6903(27); and (d) any "dangerous wastes" as defined in RCW 173-303-040.
"Work" means all obligations of Respondent under Sections VII (Coordination and
Supervision) through XI (Indemnification and Insurance).
"Work Takeover" means EPA's assumption of the performance of any of the Work in
accordance with Paragraph 28.

IV.
8.

FINDINGS OF FACT

EPA makes the following findings of fact:

a.
The Harbor Island Superfund Site encompasses a man-made industrial
island of over 400 acres in the City of Seattle and associated sediments surrounding the island
within Elliot Bay at the mouth of the Lower Duwamish Waterway. Harbor Island was created
with, among other materials, dredged materials from a widening and straightening of the Lower
Duwamish River by the United States Army Corps of Engineers, completed in the 1910s.
b.
EWOU consists of contaminated sediments off the eastern shore of Harbor
Island, and associated sources to the extent necessary to control those sources. EWOU is one of
seven Harbor Island Superfund Site operable units. Remedial actions have been selected by EPA
and have been implemented by various parties for all of the operable units except EWOU.
c.
Major activities at Harbor Island have included: port and rail transport;
petroleum product transfer and storage; secondary lead smelting; ship building, repair and
maintenance; lead and other metals fabrication; plating; metals reclamation and recycling; and
stormwater collection and discharge. Activities at T-25S may have affected the sediments of
EWOU in the immediate vicinity of T-25S, due to their immediate proximity and reasonable fate
and transport assumptions.
d.
Pursuant to Section 105 of CERCLA, 42 U.S.C. § 9605, EPA placed the
Harbor Island Superfund Site on the National Priorities List, set forth at 40 C.F.R. Part 300,
Appendix B, by publication in the Federal Register on September 8, 1983, 48 Fed. Reg. 40658.
e.
Respondent is a Washington Port District, duly created under RCW
Chapter 53. Respondent owned and operated facilities along the eastern shore of Harbor Island
and has operated in EWOU. Respondent owns the upland area of T-25S.

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f.
An island-wide (except for the Lockheed Shipyard Upland and Petroleum
Tank Farm operable units) remedial investigation and feasibility study (RI/FS), that included an
evaluation of upland areas and sediments, was conducted by EPA in the late 1980s and early
1990s. Supplemental sediment data was also collected by various parties under oversight and
direction of EPA in the late 1990s. Respondent then removed and disposed of 200,000 cubic
yards of highly contaminated EWOU sediments under EPA oversight and direction pursuant to
an Administrative Order on Consent in CERCLA Docket No. 10-2003-0166 issued on
September 9. 2003. Following that work, Respondent performed a Supplemental RI/FS of
EWOU under EPA oversight and direction pursuant to an Administrative Settlement Agreement
and Order on Consent in CERCLA Docket No. 10-2007-0030 issued on October 11, 2006. These
investigations demonstrate there are polychlorinated biphenyls (PCBs), poly-aromatic
hydrocarbons (PAHs), mercury and other metals, and organic compounds in sediments of
EWOU, including T-25S.
g.
EPA issued an Interim Record of Decision (IROD) in 2024 which sets
forth remedial action cleanup requirements for EWOU. The removal action cleanup
determinations for T-25S set forth in the Action Memorandum are consistent with the remedial
action requirements of the IROD.
h.
Respondent identified soil contamination at T-25S in 2018. Under EPA
oversight and direction, Respondent performed an Engineering Evaluation/Cost Analysis
(EE/CA) for T-25S pursuant to an Administrative Settlement Agreement and Order on Consent
in CERCLA docket no. 10-2022-0159 issued on February 8, 2022. The EE/CA along with other
data and information provided the basis for EPA to make the soil removal action cleanup
determinations for T-25S set forth in the Action Memorandum.

V.

CONCLUSIONS OF LAW AND DETERMINATIONS

9.
Based on the Findings of Fact in Section IV and the administrative record for this
matter, EPA has determined, and Respondent neither admits nor denies, that:
a.

T-25S is a "facility" as defined by Section 101(9) of CERCLA, 42 U.S.C.

§ 9601(9).
b.
At T-25S, there has been a "release" or substantial threat of "release," as
defined by Section 101(22) of CERCLA, 42 U.S.C. § 9601(22), into the "environment," as
defined by Section 101(8) of CERCLA, 42 U.S.C. § 9601(8), of a "hazardous substance" or
"pollutant or contaminant," as defined by Sections 101(14) and (33) of CERCLA, 42 U.S.C. §§
9601(14) & (33).
c.
The release or substantial threat of release into the environment of a
pollutant or contaminant at T-25S "may present an imminent and substantial danger to the public
health or welfare," within the meaning of Section 104(a)(1)(B) of CERCLA, 42 U.S.C. §
9604(a)(1)(B).
d.
There may be an "imminent and substantial endangerment to the public
health or welfare or the environment because of an actual or threatened release of a hazardous

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substance" at or from T-25S within the meaning of Section 106(a) of CERCLA, 42 U.S.C. §
9606(a).
e.
The NTCRA is necessary to protect the public health or welfare or the
environment from the release or substantial threat of release of a hazardous substance or
pollutant of contaminant as provided in Section 104(a) of CERCLA, 42 U.S.C. § 9604(a).
f.
Respondent is a "person" as defined by Section 101(21) of CERCLA, 42
U.S.C. § 9601(21), and a "person" and "responsible party" within the meaning of
Section 104(a)(1) of CERCLA, 42 U.S.C. § 9604(a)(1).
g.
The NTCRA set forth in the Action Memorandum and required by this
Settlement is authorized by 40 C.F.R. § 300.415 of the NCP.
h.
The NTCRA will be done "properly and promptly" by Respondent and
consistent with the NCP, as provided in Section 104(a) of CERCLA, 42 U.S.C. § 9604(a), when
performed in accordance the Action Memorandum and this Settlement.
i.
There has been "disposal," within the meaning of Section 107(a) of
CERCLA, 42 U.S.C. § 9607(a), of hazardous substances at T-25S.
j.
Respondent is the "owner and operator" of T-25S within the meaning of
Section 107(a)(1) of CERCLA, 42 U.S.C. § 9607(a)(1).
k.
Respondent "owned or operated" T-25S at the time of the disposal of a
hazardous substance within the meaning of Section 107(a)(2) of CERCLA, 42 U.S.C. §
9607(a)(2).
l.
Respondent arranged for the disposal of hazardous substances at T-25S
with the meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).

VI.

ORDER AND AGREEMENT

10.
Based upon the Findings of Fact, Conclusions of Law, and Determinations set
forth above, and the administrative record for T-25S, it is hereby Ordered and Agreed that
Respondent shall comply with all provisions of this Settlement as follows:

VII.
11.

COORDINATION AND SUPERVISION

Respondent's Project Coordinator

a.
Respondent shall notify EPA within 10 days after the Effective Date of the
name and qualifications of Respondent's proposed Project Coordinator. Respondent's Project
Coordinator shall be responsible for administration of all Work required by this Settlement.
b.
Respondent's Project Coordinator must have sufficient technical expertise
to coordinate the Work. To the greatest extent possible, the Project Coordinator shall be present
onsite or readily available during the Work.
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c.
Notice or communication relating to this Settlement from EPA to
Respondent's Project Coordinator constitutes notice or communication to Respondent.
d.
Respondent may change its Project Coordinator by following the
procedures under Paragraph 12.
12.

Procedures for Notice and Disapproval

a.
Respondent shall notify EPA of the names and qualifications of any
contractors or subcontractors retained to perform the Work at least 10 days prior to
commencement of such Work.
b.
EPA may issue a notice of disapproval for any proposed Project
Coordinator, contractor, or subcontractor. Within 10 days of receipt of such notice, Respondent
shall provide EPA with the name, title, contact information, and qualifications of an alternate
proposed Project Coordinator, contractor or subcontractor, as the case may be.
c.
EPA may disapprove a proposed Project Coordinator, contractor, or
subcontractor based on objective assessment factors (e.g., experience, capacity, technical
expertise, conflict of interest regarding the project), or any combination of these factors.
d.
EPA designates Dustan Bott of SEMD as its Project Manager. The EPA
Project Manager has the authority to oversee Respondent's implementation of the Work,
including the authority to halt, conduct, or direct any Work. Absence of the EPA Project
Manager from T-25S is not a cause for stoppage of the Work. EPA may change its Project
Manager and will notify Respondent of any such change.

VIII. PERFORMANCE OF THE WORK
13.
Respondent shall perform the Work in accordance with this Settlement, including
all EPA-approved, conditionally approved, or modified deliverables as required by this
Settlement. The Work includes, at a minimum, all actions necessary to implement the NTCRA.
Respondent shall also comply with the requirements and schedule contained in the SOW.
14.
For any regulation or guidance referenced in this Settlement, the reference will be
read to include any subsequent modification, amendment, or replacement of such regulation or
guidance. Such modifications, amendments, or replacements apply to the Work only after
Respondent receives notification from EPA of the modification, amendment, or replacement.
15.

Removal Design and Removal Action

In accordance with the schedule provided in the SOW, Respondent shall submit a
Removal Design and Removal Action Work Plan to EPA along with the other deliverables
identified in the SOW.
16.
Respondent shall submit a Post-Removal Site Control Plan in accordance with
the schedule contained in the SOW. The Post-Removal Site Control Plan shall set for those
actions deemed necessary to ensure the continued effectiveness and integrity of the NTCRA.
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17.
Community Involvement. EPA has lead responsibility for implementing
community involvement activities for T-25S, including the preparation of a community
involvement plan, as provided in the NCP and EPA guidance. As requested by EPA, Respondent
shall participate in community involvement activities, including participation in: (a) the
preparation of information regarding the Work for dissemination to the public (including
compliance schedules and progress reports), with consideration given to the specific needs of the
community, including translated materials and mass media and/or Internet notification; and
(b) public meetings that may be held or sponsored by EPA to explain activities at or relating to
T-25S.
18.

Deliverables: Specifications and Approval

a.
General Requirements for Deliverables. Respondent shall submit all
deliverables to EPA in electronic form, unless otherwise specified by the EPA Project Manager.
All deliverables shall meet the requirements detailed in the SOW.
b.
Technical Specifications for Deliverables. Sampling and monitoring data
shall be submitted in standard Regional Electronic Data Deliverable ("EDD") format (Scribe
database). Other delivery methods may be allowed by the EPA Project Manager if electronic
direct submission presents a significant burden to Respondent or as technology changes.
c.
Approval of Deliverables. After review of a deliverable required to be
submitted by Respondent under this Settlement or the SOW, EPA may: (1) approve, in whole or
in part, the deliverable; (2) approve the deliverable with specified conditions or required
revisions; (3) modify and approve, in whole or in part, the deliverable; (4) disapprove, in whole
or in part, the deliverable; or (5) any combination of the foregoing. If EPA requires revisions to a
deliverable, EPA will provide a deadline for resubmission of that deliverable and Respondent
shall revise the deliverable in accordance with all EPA-instructions and submit the revised
deliverable by the EPA-established deadline. Once a deliverable is approved, approved with
conditions or required revisions, or approved as modified by EPA, Respondent shall implement
the activities required by that deliverable in accordance with the EPA-established schedule for
the deliverable. Upon EPA-approval of a deliverable, or any portion thereof, such deliverable, or
portion thereof, shall be incorporated into and enforceable under this Settlement, and Respondent
shall take all action required by the deliverable, or portion thereof, according to the EPAestablished schedule for that deliverable. Respondent shall not commence or perform any Work
except in conformance with the terms of this Settlement.
19.

Off-Site Shipments

a.
Respondent may ship hazardous substances, pollutants and contaminants
from T-25S to an off-site facility only if Respondent complies with Section 121(d)(3) of
CERCLA, 42 U.S.C. § 9621(d)(3), and the NCP at 40 C.F.R. § 300.440. Respondent will be
deemed to be in compliance with those provisions for a shipment if Respondent obtains a prior
determination from EPA that the proposed receiving facility for such shipment is acceptable
under the criteria of 40 C.F.R. § 300.440(b). Respondent shall utilize electronic manifests for
hazardous waste disposal, except when extraordinary circumstances prevent their use (e.g.,
system malfunctions or inaccessibility).

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b.
Respondent may ship Waste Material from T-25S to an out-of-state waste
management facility only if, prior to any shipment, Respondent provides written notice to the
appropriate state environmental official in the receiving facility's state and to the EPA Project
Manager. This written notice requirement will not apply to any off-site shipments when the total
quantity of all such shipments does not exceed 10 cubic yards. The written notice must include
the following information, if available: (1) the name and location of the receiving facility; (2) the
type and quantity of Waste Material to be shipped; (3) the schedule for the shipment; and (4) the
method of transportation. Respondent also shall notify the state environmental official referenced
above and the EPA Project Manager of any major changes in the shipment plan, such as a
decision to ship the Waste Material to a different out-of-state facility. Respondent shall provide
the written notice after the award of the contract for the NTCRA and before the Waste Material
is shipped.
c.
Respondent may ship Investigation Derived Waste ("IDW") from T-25S
to an off-site facility only if Respondent complies with Section 121(d)(3) of CERCLA, 42 U.S.C.
§ 9621(d)(3), and the NCP at 40 C.F.R. § 300.440, EPA's Guide to Management of Investigation
Derived Waste, OSWER 9345.3-03FS (Jan. 1992)
(https://semspub.epa.gov/work/03/136166.pdf), and any IDW-specific requirements contained in
the Action Memorandum. Wastes shipped off-site to a laboratory for characterization, and
RCRA hazardous wastes that meet the requirements for an exemption from RCRA under
40 C.F.R. § 261.4(e) shipped off-site for treatability studies, are not subject to 40 C.F.R.
§ 300.440.
20.

Permits

a.
As provided in Section 121(e) of CERCLA, 42 U.S.C. § 9621(e), and the
NCP at 40 C.F.R. § 300.400(e), no permit is required for any portion of the Work conducted
entirely onsite (i.e., within the areal extent of contamination or in very close proximity to the
contamination and necessary for implementation of the Work). Where any portion of the Work
that is not onsite requires a federal or state permit or approval, Respondent shall submit timely
and complete applications and take all other actions necessary to obtain all such permits or
approvals.
b.
Respondent may seek relief under the provisions of Section XIII (Force
Majeure) of this Settlement for any delay in the performance of the Work resulting from a failure
to obtain, or a delay in obtaining, any permit or approval referenced in Paragraph 20.a and
required for the Work, provided that Respondent has submitted timely and complete applications
and taken all other actions necessary to obtain all such permits or approvals.
c.
Nothing in this Settlement constitutes a permit issued under any federal or
state statute or regulation.
21.
Emergency Response. If any event occurs during performance of the Work that
causes or threatens to cause a release of Waste Material on, at, or from T-25S and that either
constitutes an emergency situation or that may present an immediate threat to public health or
welfare or the environment, Respondent shall: (a) immediately take all appropriate action to
prevent, abate, or minimize such release or threat of release; (b) immediately notify the EPA

11

Project Manager or, in the event of the unavailability of the EPA Project Manager, the Regional
Duty Officer at (206) 553-1263 of the incident or T-25S conditions; and (c) take such actions in
consultation with the EPA Project Manager or authorized Regional Duty Officer and in
accordance with all applicable provisions of this Settlement, the Health and Safety Plan, and any
applicable deliverable approved by EPA under this Settlement.
22.
Release Reporting. During performance of the Work should there be an event
that is required to be reported pursuant to Section 103 of CERCLA, 42 U.S.C. § 9603, or
Section 304 of the Emergency Planning and Community Right-to-Know Act ("EPCRA"),
42 U.S.C. § 11004, Respondent shall immediately provide notice of the event to the National
Response Center at (800) 424-8802, and to EPA Project Manager or if the EPA Project Manager
is unavailable, to the Regional Duty Officer at (206) 553-1263. Respondent shall also submit a
written report to EPA within seven days after the onset of such an event, (a) describing the event,
and (b) all explaining all measures taken and to be taken to mitigate the associated release or
threat of release, mitigate any endangerment caused by the release or threat of release, prevent
the reoccurrence of the release or threat of release. The reporting requirements under this
Paragraph are in addition to the reporting required by Sections 103 and 111(g) of CERCLA, 42
U.S.C. §§ 9603 and 9611(g), or Section 304 of EPCRA, 42 U.S.C. § 11004.
23.
Progress Reports. Commencing upon EPA-approval of the Removal Action
Work Plan and continuing until EPA-issuance of a Notice of Completion of Work under
Paragraph 26, Respondent shall submit written progress reports to EPA on a monthly basis, or as
otherwise directed in writing by the EPA Project Manager. During performance of the Removal
Design, Respondent shall submit written progress reports to EPA on a quarterly basis, or as
otherwise directed in writing by the EPA Project Manager. These progress reports shall describe:
(a) all significant developments during the preceding reporting period, including the actions
performed and any problems encountered; (b) analytical data received during the reporting
period; (c) the developments anticipated during the next reporting period, including a schedule of
actions to be performed and anticipated problems; and (d) planned resolutions of past or
anticipated problems.
24.
Additional Work. If the EPA Project Manager determines that additional Work
must be included in the Removal Action Work Plan or other approved deliverable to protect
public health or welfare or the environment, and that such Work is consistent with the Action
Memorandum, the EPA Project Manager will notify Respondent, in writing. Respondent may
also request, in writing, that additional Work be included in the Removal Action Work Plan or
other EPA-approved deliverable. Should EPA grant such a request, EPA will so notify
Respondent, in writing. Within 30 days of receiving written notice from EPA under this
Paragraph, Respondent shall submit a proposed supplemental plan or other deliverable, as the
case may be, together with a proposed schedule for EPA approval. Respondent shall implement
the supplemental plan or other deliverable pursuant to the schedule approved by EPA in
accordance with Paragraph 18.c. This Paragraph does not limit the authority of the EPA Project
Manager to authorize alterations or deviations to any plan or schedule as provided in
Section XXII.

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25.

Final Report

a.
Following completion of all Work required by this Settlement, other than
the continuing obligations listed in Paragraph 26.a, and in accordance with the schedule provided
in the SOW, Respondent shall submit for EPA review and approval a Final Report regarding the
Work. The Final Report shall:
(1)

summarize the actions taken to comply with this Settlement;

(2)

conform to the requirements of Section 300.165 of the NCP, 40 C.F.R. §
300.165 ("OSC Reports");

(3)

list the quantities and types of materials removed offsite or handled onsite;

(4)

describe the removal and disposal options considered for those materials;

(5)

identify the ultimate destination(s) of those materials;

(6)

include the analytical results of all sampling and analyses performed; and

(7)

include all relevant documentation generated during the Work (e.g.,
manifests, invoices, bills, contracts, and permits) and an estimate of the
total costs incurred to complete the Work.

b.
The Final Report must also include the following certification signed by a
responsible corporate official of Respondent or Respondent's Project Coordinator: "I certify
under penalty of perjury that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I have no personal knowledge that the information submitted is other than true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
26.

Notice of Completion of Work

a.
If after reviewing the Final Report, EPA determines that all Work, other
than the continuing obligations identified below, has been fully performed in accordance with
this Settlement, EPA will notify Respondent. A notice of completion of Work is not a
protectiveness determination and does not affect the following continuing obligations:
(1)

implementing and maintaining the requirements of the Post-Removal Site
Control Plan;

(2)

obligations under Section IX (Property Requirements);

(3)

payment of Future Response Costs; and

13

(4)

obligations under Section XIX (Records).

b.
If EPA determines that any Work, other than the continuing obligations
identified above, has not been completed in accordance with this Settlement, EPA will so notify
Respondent and provide a list of deficiencies to be corrected and a schedule for correcting those
deficiencies. Respondent shall correct all identified deficiencies in accordance with this schedule
and shall submit a modified Final Report following completion of the corrected deficiencies. If
any deficiencies are noted by EPA in response to a modified Final Report, such deficiencies shall
be addressed in accordance with this Paragraph.
27.
Compliance with Applicable Law. Nothing in this Settlement affects
Respondent's obligations to comply with all applicable state and federal laws and regulations,
except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 9621(e), and 40 C.F.R.
§§ 300.400(e) and 300.415(j). In accordance with 40 C.F.R. § 300.415(j), all onsite actions
required pursuant to this Settlement shall, to the extent practicable considering the exigencies of
the situation, as determined by EPA, attain applicable or relevant and appropriate requirements
("ARARs") under federal environmental or state environmental or facility siting laws.
Respondent shall comply with the ARARs provided in the Action Memorandum, and shall
include those ARARs in the Removal Action Work Plan. The activities conducted in accordance
with this Settlement, if approved by EPA, will be deemed to be consistent with the NCP as
provided under 40 C.F.R. § 300.700(c)(3)(ii).
28.

Work Takeover

a.
If EPA determines that Respondent: (1) has ceased implementation of any
portion of the Work required under this Settlement; (2) is seriously or repeatedly deficient or late
in performing the Work required under this Settlement; or (3) is implementing the Work required
under this Settlement in a manner that may cause an endangerment to public health or welfare or
the environment, EPA may issue a notice of Work Takeover to Respondent, including a
description of the grounds for the notice and a period of time ("Remedy Period") within which
Respondent shall remedy the circumstances giving rise to the notice. The Remedy Period will be
20 days, unless EPA determines in its unreviewable discretion that there may be an
endangerment, in which case the Remedy Period will be 10 days.
b.
If, by the end of the Remedy Period, Respondent does not remedy to
EPA's satisfaction the circumstances giving rise to the notice of Work Takeover, EPA may
notify Respondent and, as it deems necessary, commence a Work Takeover.
c.
EPA may conduct the Work Takeover during the pendency of any dispute
under Section XIV (Dispute Resolution) but will terminate the Work Takeover if and when:
(1) Respondent remedies, to EPA's satisfaction, the circumstances giving rise to the notice of
Work Takeover; or (2) upon the issuance of a final determination under Section XIV (Dispute
Resolution) that EPA is required to terminate the Work Takeover.

14

IX.

PROPERTY REQUIREMENTS

29.
If T-25S, or any other property where access is needed to implement this
Settlement, is owned or controlled by Respondent, Respondent shall, commencing on the
Effective Date, provide EPA and its representatives, including contractors, with access at all
reasonable times to T-25S, or such other property, for the purpose of conducting any activity
related to this Settlement. Where any action under this Settlement is to be performed in areas
owned or controlled by someone other than Respondent, Respondent shall use best efforts to
obtain all necessary agreements for access, enforceable by Respondent and EPA, within 30 days
after the Effective Date, or as otherwise specified in writing by the EPA Project Manager.
30.
As used in this Section, "best efforts" means the efforts that a reasonable person
in the position of Respondent would use to achieve the goal in a timely manner, including the
cost of employing professional assistance and the payment of reasonable sums of money to
secure access or use restriction agreements, as required by this Section. If Respondent cannot
accomplish what is required through "best efforts" in a timely manner, Respondent shall so
notify EPA and include a description of the steps taken to obtain access or use restrictions. If
EPA deems it appropriate, EPA may assist Respondent, or take independent action, to obtain
such access or use restrictions.
31.
If Respondent owns or controls any property at T-25S, Respondent shall, prior to
entering into a contract to Transfer any of its property that is part of T-25S, or 60 days prior to a
Transfer of such property, whichever is earlier, (a) give written notice to the proposed transferee
that the property is subject to this Settlement; and (b) give written notice to EPA of the proposed
Transfer and include the name and address of the transferee. Respondent shall also make sure
that the transferee is committed to compliance with this Section and Section XIX (Records).
32.
Notwithstanding any provision of this Settlement, EPA retains all of its access
authorities and rights, as well as all of its rights to require land, water, or other resource use
restrictions, including related enforcement authorities under CERCLA, RCRA, and any other
applicable statute or regulations.

X.

FINANCIAL ASSURANCE

33.
To ensure completion of the upland Work required under Section VIII
(Performance of Work), Respondent shall secure financial assurance, initially in the amount of
$53,000,000 ("Estimated Cost of the Upland Work"), for the benefit of EPA. The financial
assurance must: (a) be one or more of the mechanisms listed below, in a form substantially
identical to the relevant sample documents available from EPA; and (b) be satisfactory to EPA.
As of the Effective Date of this Settlement, the sample documents can be found under the
"Financial Assurance - Settlements" category on the Cleanup Enforcement Model Language and
Sample Documents Database at https://cfpub.epa.gov/compliance/models/. Respondent may use
multiple financial mechanisms if they are limited to surety bonds guaranteeing payment, letters
of credit, trust funds, insurance policies, or some combination thereof. The following are
acceptable financial mechanisms:

15

a.
a surety bond guaranteeing payment, performance of the Upland Work, or
both, that is issued by a surety company among those listed as acceptable sureties on federal
bonds as set forth in Circular 570 of the U.S. Department of the Treasury;
b.
an irrevocable letter of credit, payable to EPA or at the direction of EPA,
that is issued by an entity that has the authority to issue letters of credit and whose letter-of-credit
operations are regulated and examined by a federal or state agency;
c.
a trust fund established for the benefit of EPA that is administered by a
trustee that has the authority to act as a trustee and whose trust operations are regulated and
examined by a federal or state agency;
d.
a policy of insurance that provides EPA with acceptable rights as a
beneficiary thereof and that is issued by an insurance carrier that has the authority to issue
insurance policies in the applicable jurisdiction(s) and whose insurance operations are regulated
and examined by a federal or state agency;
e.
a demonstration by Respondent that it meets the relevant financial test
criteria of Paragraph 34, accompanied by a standby funding commitment, that requires
Respondent to pay funds to or at the direction of EPA, up to the amount financially assured
through the use of this demonstration in the event of a Work Takeover; or
f.
a guarantee to fund or perform the upland Work executed in favor of EPA
by a company that: (1) is a direct or indirect parent company of Respondent or has a "substantial
business relationship" (as defined in 40 C.F.R. § 264.141(h)) with Respondent; and
(2) demonstrates to EPA's satisfaction that it meets the financial test criteria of Paragraph 34.
34.
If Respondent seeks to provide financial assurance by means of a demonstration
or guarantee under Paragraph 33.e or 33.f, Respondent shall, within 270 days after the Effective
Date:
a.

Demonstrate that:

(1)

Respondent or guarantor has:
i.

two of the following three ratios: a ratio of total liabilities to net
worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion, and amortization to total liabilities greater
than 0.1; and a ratio of current assets to current liabilities greater
than 1.5; and

ii.

net working capital and tangible net worth each at least six times
the sum of the Estimated Cost of the Upland Work and the
amounts, if any, of other federal, state, or tribal environmental
obligations financially assured through the use of a financial test or
guarantee; and

iii.

tangible net worth of at least $10 million; and
16

iv.

(2)

assets located in the United States amounting to at least 90 percent
of total assets or at least six times the sum of the Estimated Cost of
the Upland Work and the amounts, if any, of other federal, state, or
tribal environmental obligations financially assured through the
use of a financial test or guarantee; or
Respondent or guarantor has:
i.

a current rating for its senior unsecured debt of AAA, AA, A, or
BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as
issued by Moody's; and

ii.

tangible net worth at least six times the sum of the Estimated Cost
of the Upland Work and the amounts, if any, of other federal, state,
or tribal environmental obligations financially assured through the
use of a financial test or guarantee; and

iii.

tangible net worth of at least $10 million; and

iv.

assets located in the United States amounting to at least 90 percent
of total assets or at least six times the sum of the Estimated Cost of
the Upland Work and the amounts, if any, of other federal, state, or
tribal environmental obligations financially assured through the
use of a financial test or guarantee; and

b.
Submit to EPA for Respondent or guarantor: (1) a copy of an independent
certified public accountant's report of the entity's financial statements for the latest completed
fiscal year, which must not express an adverse opinion or disclaimer of opinion; and (2) a letter
from its chief financial officer and a report from an independent certified public accountant
substantially identical to the sample letter and reports available from EPA. As of the Effective
Date of this Settlement, a sample letter and report are available under the "Financial Assurance Settlements" subject list category on the Cleanup Enforcement Model Language and Sample
Documents Database at https://cfpub.epa.gov/compliance/models/.
35.
If Respondent provides financial assurance by means of a demonstration or
guarantee under Paragraph 33.e or 33.f, Respondent shall also:
a.
annually resubmit the documents described in Paragraph 34.b within
90 days after the close of Respondent's or guarantor's fiscal year and issuance of the
accompanying audited financial report;
b.
notify EPA within 30 days after Respondent or guarantor determines that
it no longer satisfies the relevant financial test criteria and requirements set forth in this Section;
and
c.
provide to EPA, within 30 days of EPA's request, reports of the financial
condition of Respondent or guarantor in addition to those specified in Paragraph 34.b; EPA may

17

make such a request at any time based on a belief that Respondent or guarantor may no longer
meet the financial test requirements of this Section.
36.
Respondent shall, within 30 days after the Effective Date, seek EPA's approval of
the form of Respondent's financial assurance. Within 30 days after EPA's approval, Respondent
shall secure all executed or otherwise finalized mechanisms or other documents consistent with
the EPA-approved form of financial assurance and shall submit such mechanisms and documents
to EPA in accordance with Paragraph 33.
37.
Respondent shall diligently monitor the adequacy of the financial assurance. If
Respondent becomes aware of any information indicating that the financial assurance provided
under this Section is inadequate or otherwise no longer satisfies the requirements of this Section,
Respondent shall notify EPA within 10 days of becoming aware of such information. If EPA
determines that the financial assurance provided under this Section is inadequate or otherwise no
longer satisfies the requirements of this Section, EPA will notify Respondent of such
determination. Respondent shall, within 30 days after notifying EPA or receiving notice from
EPA under this Paragraph, secure and submit to EPA for approval a proposal for a revised or
alternative financial assurance mechanism that satisfies the requirements of this Section. EPA
may extend this deadline for such time as is reasonably necessary for Respondent, in the exercise
of due diligence, to secure and submit to EPA a proposal for a revised or alternative financial
assurance mechanism, not to exceed 60 days. Respondent shall follow the procedures of
Paragraph 39 (Modification of Amount, Form, or Terms of Financial Assurance) in seeking
approval of, and submitting documentation for, the revised or alternative financial assurance
mechanism. Respondent's inability to secure financial assurance in accordance with this Section
does not excuse performance of any other requirement of this Settlement.
38.

Access to Financial Assurance

a.
If EPA issues a notice of a Work Takeover under Paragraph 28, then, in
accordance with any applicable financial assurance mechanism, including the related standby
funding commitment, EPA may require: (1) the performance of the Upland Work; and/or (2) that
any funds guaranteed be paid in accordance with Paragraph 38.d.
b.
If EPA is notified that the issuer of a financial assurance mechanism
intends to cancel the mechanism, and Respondent fails to provide an alternative financial
assurance mechanism in accordance with this Section at least 30 days prior to the cancellation
date, the funds guaranteed under such mechanism must be paid prior to cancellation in
accordance with Paragraph 38.d.
c.
If, upon issuance of a notice of a Work Takeover under Paragraph 28,
either: (1) EPA is unable for any reason to promptly secure the resources guaranteed under any
applicable financial assurance mechanism, including the related standby funding commitment,
whether in cash or in kind, to continue and complete the Upland Work; or (2) the financial
assurance is a demonstration or guarantee under Paragraph 33.e or 33.f, then EPA is entitled to
demand an amount, as determined by EPA, sufficient to cover the cost of the remaining Upland
Work to be performed. Respondent shall, within 20 days after such demand, pay the amount
demanded as directed by EPA.
18

d.
Any amounts required to be paid under this Paragraph 38 must, as directed
by EPA, be: (i) paid to EPA in order to facilitate the completion of the Upland Work by EPA, the
State, or by another person; or (ii) deposited into an interest-bearing account, established at a
duly chartered bank or trust company that is insured by the FDIC, in order to facilitate the
completion of the Upland Work by another person. If payment is made to EPA, EPA may
deposit the payment into the Hazardous Substance Superfund or into the Harbor Island East
Waterway Special Account to be retained and used to conduct or finance response actions at or
in connection with the Harbor Island Superfund Site, or to be transferred by EPA to the
Hazardous Substance Superfund.
39.
Modification of Amount, Form, or Terms of Financial Assurance. On any
anniversary of the Effective Date, or at any other time agreed to by the Parties, Respondent may
request a change to the form, terms, or amount of the financial assurance mechanism.
Respondent shall submit any such request to EPA in accordance with Paragraph 37 and shall
include an estimate of the cost of the remaining Upland Work, an explanation of the bases for the
cost calculation, and a description of the proposed changes, if any, to the form or terms of the
financial assurance. EPA will notify Respondent of EPA's decision regarding the request.
Respondent may modify the form, terms, or the amount of the financial assurance mechanism
only in accordance with: (a) EPA's approval; or (b) any resolution of a dispute on the appropriate
amount of financial assurance under Section XIV (Dispute Resolution). Any decision made by
EPA on a request submitted under this Paragraph to change the form or terms of a financial
assurance mechanism shall not be subject to challenge by Respondent pursuant to the dispute
resolution provisions of this Settlement or in any other forum. Respondent shall submit to EPA
within 30 days after receipt of EPA's approval, or consistent with the terms of the resolution of
the dispute, documentation of the change to the form, terms, or amount of the financial assurance
instrument.
40.
Release, Cancellation, or Discontinuation of Financial Assurance. Respondent
may release, cancel, or discontinue any financial assurance provided under this Section only:
(a) if EPA issues a Notice of Completion of Upland Work under Paragraph 26; (b) in accordance
with EPA's approval of such release, cancellation, or discontinuation; or (c) if there is a dispute
regarding the release, cancellation, or discontinuance of any financial assurance, in accordance
with the agreement or final decision resolving such dispute under Section XIV (Dispute
Resolution).

XI.
41.

INDEMNIFICATION AND INSURANCE

Indemnification

a.
The United States does not assume any liability by entering into this
Settlement or by virtue of any designation of Respondent as EPA's authorized representative
under Section 104(e)(1) of CERCLA, 42 U.S.C. § 9604(e)(1). Respondent shall indemnify and
save and hold harmless the United States, its officials, agents, employees, contractors,
subcontractors, and representatives for or from any claims or causes of action arising from, or on
account of, negligent or other wrongful acts or omissions of Respondent, its officers, directors,
employees, agents, contractors, subcontractors, and any persons acting on Respondent's behalf
or under their control, in carrying out activities under this Settlement, including any claims
19

arising from any designation of Respondent as EPA's authorized representatives under
Section 104(e)(1) of CERCLA, 42 U.S.C. § 9604(e)(1). Further, Respondent agrees to pay EPA
all costs it incurs including attorneys' fees and other expenses of litigation and settlement arising
from, or on account of, claims made against the United States based on negligent or other
wrongful acts or omissions of Respondent, its officers, directors, employees, agents, contractors,
subcontractors, and any persons acting on their behalf or under its control in carrying out
activities under with this Settlement. EPA may not be held out as a party to any contract entered
into by or on behalf of Respondent in carrying out activities under this Settlement. Respondent
and any such contractor may not be considered an agent of EPA.
b.
EPA will give Respondent notice of any claim for which EPA plans to
seek indemnification in accordance with this Paragraph 41, and will consult with Respondent
prior to settling such claim.
42.
Respondent covenants not to sue and shall not assert any claim or cause of action
against the United States for damages or reimbursement or for set-off of any payments made or
to be made to the United States, arising from or on account of any contract, agreement, or
arrangement between Respondent and any person for performance of Work or other activities on
or relating to T-25S, including claims on account of construction delays. In addition, Respondent
shall indemnify and save and hold harmless the United States with respect to any claims for
damages or reimbursement arising from or on account of any contract, agreement, or
arrangement between Respondent and any person for performance of work at or relating to the
T-25S, including claims on account of construction delays.
43.
Insurance. Respondent shall secure, by no later than 15 days before commencing
any on-site Work, the following insurance: (a) commercial general liability insurance with limits
of liability of $1 million per occurrence; (b) automobile liability insurance with limits of liability
of $1 million per accident; and (c) umbrella liability insurance with limits of liability of
$5 million in excess of the required commercial general liability and automobile liability limits.
The insurance policy shall name EPA as an additional insured with respect to all liability arising
out of the activities performed by or on behalf of Respondent under this Settlement. Respondent
shall maintain this insurance until the first anniversary after EPA's issuance of the Notice of
Completion of Work under Paragraph 26. In addition, for the duration of this Settlement,
Respondent shall satisfy, or shall ensure that their contractors or subcontractors satisfy, all
applicable laws and regulations regarding the provision of worker's compensation insurance for
all persons performing the Work on behalf of Respondent in furtherance of this Settlement. Prior
to commencement of the Work, Respondent shall provide to EPA certificates of such insurance
and a copy of each insurance policy. Respondent shall resubmit such certificates and copies of
policies each year on the anniversary of the Effective Date. If Respondent demonstrates by
evidence satisfactory to EPA that any contractor or subcontractor maintains insurance equivalent
to that described above, or insurance covering the same risks but in a lesser amount, then, with
respect to that contractor or subcontractor, Respondent need provide only that portion of the
insurance described above that is not maintained by the contractor or subcontractor. Respondent
shall ensure that all submittals to EPA under this Paragraph identify T-25S, city, state, and EPA
docket number of this Settlement.

20

XII.
44.

PAYMENTS FOR RESPONSE COSTS

Payments by Respondent for Future Response Costs

a.
Periodic Bills. On a periodic basis, EPA will send Respondent a bill
requiring payment that includes a regionally prepared cost summary, which includes direct and
indirect costs incurred by EPA, its contractors, subcontractors, and the United States Department
of Justice.
b.
Payment of Bill. Respondent shall pay the bill, or if Respondent initiates
dispute resolution under Section XIV (Dispute Resolution), the uncontested portion of the bill, if
any, within 30 days after receipt of the bill and accompanying regionally prepared cost summary.
Respondent shall pay the contested portion of the bill determined to be owed, if any, within
30 days after the determination regarding the dispute. Each payment for: (i) the uncontested bill
or portion of bill, if late, and; (ii) the contested portion of the bill determined to be owed, if any,
must include an additional amount for Interest accrued from the date of receipt of the bill through
the date of payment. If requested by Respondent to do so, EPA may at its sole unreviewable
discretion provide Respondent with the work performed documentation supporting the bill to the
extent that such information is not subject to a claim of privilege, confidential business
information, or personal identified information. Notwithstanding whether such documentation is
provided by EPA, payment by Respondent is due within 30 days of receipt of each bill and
accompanying regionally prepared cost summary. Respondent shall make all payments and send
notice of the payments, in accordance with the procedures under Paragraph 44.c. Recognizing
that EPA has the sole unreviewable discretion to provide each bill to the official or representative
of Respondent selected by EPA, and that payment is due within 30 days of receipt of the bill by
that official or representative, during the pendency of this Settlement and unless Respondent
should notify EPA otherwise in writing, Respondent recommends that EPA send the periodic
bills to:
Joy Dunay
2711 Alaskan Way
Seattle, WA 98121
maritime.env.invoices@portseattle.org
c.
Respondent shall make all payments at https://www.pay.gov using the
"EPA Miscellaneous Payments Cincinnati Center" link, and including references to T-25S,
CERCLA Docket No. 10-2026-0216, and Site/Spill ID number 10TT, and stating the purpose of
the payment. Respondent shall send notice of this payment to EPA and include the
aforementioned references.
45.
Deposit of Payments. EPA may, in its unreviewable discretion, deposit the
amounts paid under Paragraph 44 in the Hazardous Substance Superfund, in the Harbor Island
East Waterway Special Account, or both. EPA may, in its unreviewable discretion, retain and use
any amounts deposited in the Harbor Island East Waterway Special Account to conduct or
finance response actions at or in connection with the Harbor Island Superfund Site, or transfer
those amounts to the Hazardous Substance Superfund.

21

XIII. FORCE MAJEURE
46.
"Force majeure," for purposes of this Settlement, means any event arising from
causes beyond the control of Respondent, of any entity controlled by Respondent, or of
Respondent's contractors that delays or prevents the performance of any obligation under this
Settlement despite Respondent's best efforts to fulfill the obligation. Given the need to protect
public health and welfare and the environment, the requirement that Respondent exercises "best
efforts to fulfill the obligation" includes using best efforts to anticipate any potential force
majeure and best efforts to address the effects of any potential force majeure (a) as it is occurring
and (b) following the potential force majeure such that the delay and any adverse effects of the
delay are minimized to the greatest extent possible. "Force majeure" does not include financial
inability to complete the Work, increased cost of performance, or a failure to attain performance
standards established in the Action Memorandum.
47.
If any event occurs for which Respondent will or may claim a force majeure,
Respondent shall notify the EPA Project Manager. The deadline for the initial notice is 10 days
after the date Respondent first knew or should have known that the event would likely delay
performance. Respondent shall be deemed to know of any circumstance of which any contractor,
subcontractor, or entity controlled by Respondent knew or should have known. Within 10 days
thereafter, Respondent shall send a further notice to EPA that includes: (a) a description of the
event and its effect on Respondent's completion of the requirements of the Settlement; (b) a
description of all actions taken or to be taken to prevent or minimize the adverse effects or delay;
(c) the proposed extension of time for Respondent to complete the requirements of the
Settlement; (d) a statement as to whether, in the opinion of Respondent, such event may cause or
contribute to an endangerment to public health or welfare, or the environment; and (e) all
available proof supporting their claim of force majeure. Failure to comply with the notice
requirements herein regarding an event precludes Respondent from asserting any claim of force
majeure regarding that event, provided, however, that if EPA, despite the late or incomplete
notice, is able to assess to its satisfaction whether the event is a force majeure under
Paragraph 48 and whether Respondents has exercised best efforts under Paragraph 46, EPA may,
in its unreviewable discretion, excuse in writing Respondent's failure to submit timely or
complete notices under this Paragraph.
48.
EPA will notify Respondent of its determination whether Respondent is entitled
to relief under Paragraph 47, and, if so, the duration of the extension of time for performance of
the obligations affected by the force majeure. An extension of the time for performance of the
obligations affected by the force majeure shall not, in itself, extend the time for performance of
any other obligation. Respondent may initiate dispute resolution under Section XIV (Dispute
Resolution) regarding EPA's determination within 15 days after receipt of the determination. In
any such proceeding, Respondent has the burden of proving that it is entitled to relief under
Paragraph 47 and that its proposed extension was or will be warranted under the circumstances.
49.
The failure by EPA to timely complete any activity under the Settlement is not a
violation of the Settlement, provided, however, that if such failure prevents Respondent from
completing a requirement of the Settlement in a timely manner, Respondent may seek relief
under this Section.

22

XIV. DISPUTE RESOLUTION
50.
Unless otherwise provided in this Settlement, the Parties will use the dispute
resolution procedures of this Section to resolve any dispute arising under this Settlement.
51.
A dispute will be considered to have arisen when Respondent sends a written
notice of dispute ("Notice of Dispute") to EPA. Disputes arising under this Settlement must in
the first instance be the subject of informal negotiations between the Parties. If Respondent
objects to any EPA action taken pursuant to this Settlement, Respondent shall send EPA a Notice
of Dispute describing the objection(s) within seven days after such action. The period for
informal negotiations may not exceed 20 days after the dispute arises, unless otherwise
determined by EPA, which determination is not subject to dispute. If the Parties cannot resolve
the dispute by informal negotiations, the position advanced by EPA is binding unless Respondent
initiates formal dispute resolution under Paragraph 52.
52.

Formal Dispute Resolution

a.
Statements of Position. Respondent may initiate formal dispute
resolution by submitting, within seven days after the conclusion of informal dispute resolution
under Paragraph 51, an initial Statement of Position regarding the matter in dispute. An EPA
responsive Statement of Position is due within 20 days after receipt of Respondent's initial
Statement of Position. All Statements of Position must include supporting factual data, analyses,
opinions, and other appropriate documentation. EPA may extend the deadlines for filing the
Statements of Position for up to 15 days and may allow the submission of supplemental
Statements of Position. Any such extension determination is not subject to dispute.
b.
Formal Decision. The Director of the Superfund & Emergency
Management Division, EPA Region 10, will issue a formal decision resolving the dispute
("Formal Decision") based on the Statements of Position. The Formal Decision is binding on
Respondent, and shall be incorporated into and become an enforceable part of this Settlement.
53.
Escrow Account. For disputes regarding a Future Response Cost billing,
Respondent shall: (a) establish, in a duly chartered bank or trust company, an interest-bearing
escrow account that is insured by the Federal Deposit Insurance Corporation ("FDIC"); (b) remit
to that escrow account funds equal to the amount of the contested Future Response Costs; and
(c) send to EPA a copy of the transmittal letter and check paying the uncontested Future
Response Costs, and a copy of the correspondence that established and funded the escrow
account, including the name of the bank, the bank account number, and a bank statement
showing the initial balance in the account. EPA may, in its unreviewable discretion, waive the
requirement to establish the escrow account. Respondent shall cause the escrow agent to pay the
amounts due to EPA under Paragraph 44, if any, by the deadline for such payment in
Paragraph 44. Respondent is responsible for any balance due under Paragraph 44 after the
payment by the escrow agent.
54.
The initiation of dispute resolution procedures under this Section does not extend,
postpone, or affect in any way any requirement of this Settlement, except as may otherwise be
determined by EPA, which determination is not subject to dispute. Stipulated penalties with

23

respect to the disputed matter will continue to accrue, but payment is stayed pending resolution
of the dispute, as provided in Paragraph 58.

XV.

STIPULATED PENALTIES

55.
Unless the noncompliance is excused under Section XIII (Force Majeure),
Respondent is liable to EPA for payment of the following stipulated penalties. For any failure:
(1) to pay any amount due under Section XII (Payment for Response Costs); (2) to establish and
maintain financial assurance in accordance with Section X (Financial Assurance); (3) to establish
any escrow account required under Paragraph 53; (4) or to submit timely or adequate
deliverables in accordance with this Settlement:
Period of Noncompliance
1st through 14th day
15th through 30th day
31st day and beyond

Penalty Per Noncompliance Per Day
$ 750
$ 2,000
$ 4,000

56.
Work Takeover Penalty. If EPA commences a Work Takeover under Paragraph
28 , Respondent shall be liable for payment of a stipulated penalty in the amount of $10,000.
This stipulated penalty is in addition to the remedy available to EPA under Paragraph 38 (Access
to Financial Assurance).
57.
Accrual of Penalties. Stipulated penalties accrue from the date performance is
due, or the day a noncompliance occurs, whichever is applicable, until the date the requirement is
completed or the final day of the correction of the noncompliance. Nothing in this Settlement
prevents the simultaneous accrual of separate penalties for separate noncompliance with this
Settlement. Stipulated penalties accrue regardless of whether Respondent has been notified of its
noncompliance, and regardless of whether Respondent has initiated dispute resolution under
Section XIV (Dispute Resolution), provided, however, that no penalties will accrue as follows:
a.
with respect to a submission that EPA subsequently determines is
deficient, during the period, if any, beginning on the 31st day after EPA's receipt of such
submission until the date that EPA notifies Respondent of any deficiency; or
b.
with respect to a matter that is the subject of dispute resolution under
Section XIV (Dispute Resolution), during the period, if any, beginning on the 21st day after
EPA's Statement of Position is received until the date of the Formal Decision under
Paragraph 52.b.
58.
Demand and Payment of Stipulated Penalties. EPA may send Respondent a
demand for stipulated penalties. The demand will include a description of the noncompliance and
will specify the amount of the stipulated penalties owed. Respondent may initiate dispute
resolution under Section XIV (Dispute Resolution) within 30 days after receiving the demand.
Respondent shall pay the amount demanded or, if Respondent initiates dispute resolution, the
uncontested portion of the amount demanded, within 30 days after receipt of the demand.
Respondent shall pay the contested portion of the penalties determined to be owed, if any, within
30 days after the resolution of the dispute. Each payment for: (a) the uncontested penalty demand
24

or uncontested portion, if late, and (b) the contested portion of the penalty demand determined to
be owed, if any, must include an additional amount for Interest accrued from the date of receipt
of the demand through the date of payment. Respondent shall make payment at
https://www.pay.gov using the link for "EPA Miscellaneous Payments Cincinnati Finance
Center," including references to the Site Name, Docket Number, and Site/Spill ID number and
the purpose of the payment. Respondent shall send notices of this payment to EPA. The payment
of stipulated penalties and Interest, if any, does not alter any obligation of Respondent under this
Settlement.
59.
Nothing in this Settlement limits the authority of the EPA to seek any other
remedies or sanctions available by virtue of Respondent's noncompliance with this Settlement or
of the statutes and regulations upon which this Settlement is based, including penalties under
Sections 106(b) and 122(l) of CERCLA, 42 U.S.C. §§ 9606(b) and 9622(l), and punitive
damages pursuant to Section 107(c)(3) of CERCLA, 42 U.S.C. § 9607(c)(3), provided, however,
that EPA may not seek civil penalties under section 122(l) of CERCLA, 42 U.S.C. § 9622(c)(3),
for any noncompliance for which a stipulated penalty is provided for in this Settlement, except in
the case of a willful noncompliance with this Settlement or in the event that EPA assumes
performance of a portion or all of the Work pursuant to Paragraph 28 (Work Takeover).
60.
Notwithstanding any other provision of this Section, the EPA may, in its
unreviewable discretion, waive any portion of stipulated penalties that have accrued under this
Settlement.

XVI. COVENANTS BY EPA
61.
Covenants for Respondent. Subject to Paragraph 72, EPA covenants not to sue
or to take administrative action against Respondent under Sections 106 and 107(a) of CERCLA,
42 U.S.C. §§ 9606 & 9607(a), regarding the Work and Future Response Costs.
62.
The covenants under Paragraph 61: (a) take effect upon the Effective Date; (b) are
conditioned on the complete and satisfactory performance by Respondent of the requirements of
this Settlement; (c) extend to the successors of Respondent but only to the extent that the alleged
liability of the successor of Respondent is based solely on its status as a successor of the
Respondent; and (d) do not extend to any other person.
63.
General Reservations. Notwithstanding any other provision of this Settlement,
EPA reserves, and this Settlement is without prejudice to, all rights against Respondent regarding
the following:
a.

liability for failure by Respondent to meet a requirement of this

b.

liability for performance of response action other than the Work;

Settlement;

c.
liability for damages for injury to, destruction of, or loss of natural
resources, and for the costs of any natural resource damage assessments;

25

d.
liability arising from the past, present, or future disposal, release or threat
of release of Waste Materials outside of the Site; and
e.

criminal liability.

64.
Subject to Paragraph 61, nothing in this Settlement limits any authority of EPA to
take, direct, or order all appropriate action to protect human health and the environment or to
prevent, abate, respond to, or minimize an actual or threatened release of Waste Material on, at,
or from T-25S, or to request a court to order such action.

XVII. COVENANTS BY RESPONDENT
65.

Covenants by Respondent

a.
Subject to Paragraph 65.d, Respondent covenants not to sue and shall not
assert any claim or cause of action against the United States under CERCLA, Section 7002(a) of
RCRA, 42 U.S.C. § 6972(a), the United States Constitution, the Tucker Act, 28 U.S.C. § 1491,
the Equal Access to Justice Act, 28 U.S.C. § 2412, the State Constitution, State law, or at
common law regarding the Work, Future Response Costs, and this Settlement.
b.
Subject to Paragraph 65.c, Respondent covenants not to seek
reimbursement from the Fund through CERCLA or any other law for costs of the Work, Future
Response Costs, or any claim arising out of response actions at or in connection with T-25S.
c.
The covenants in Paragraph 65.a do not apply to any claim or cause of
action brought, or order issued, after the Effective Date by the United States to the extent such
claim, or cause of action, or order is issued within the scope of a reservations under Paragraph
63.a through e.
d.
Notwithstanding any other provision of this Settlement, this Settlement
shall not have any effect on claims or causes of action that Respondent has or may have pursuant
to Section 113(f) of CERCLA, 42 U.S.C. § 9613(f), against the United States on behalf of the
United States General Services Administration, the United States Postal Service, the United
States Coast Guard, and the United States Department of Defense based on a claim that the
United States is a potentially responsible party pursuant to Section 107(a) of CERCLA, 42
U.S.C. § 9607(a), relating to the Work, Future Response Costs, and this Settlement. The United
States Department of Defense shall mean the United States Department of Defense, also known
as the United States Department of War, as described in 10 U.S.C. § 111 and its successor
departments, agencies, or instrumentalities.

XVIII.

EFFECT OF SETTLEMENT; CONTRIBUTION

66.
The Parties agree that: (a) this Settlement constitutes an administrative settlement
under which Respondent has, as of the Effective Date, resolved its liability to EPA within the
meaning of Sections 113(f)(2), 113(f)(3)(B), and 122(h)(4) of CERCLA, 42 U.S.C. §§
9613(f)(2), 9613(f)(3)(B) & 9622(h)(4); and (b) Respondent is entitled, as of the Effective Date,
to protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(h)(4)
of CERCLA, 42 U.S.C. §§ 9613(f)(2) & 9622(h)(4), or as may be otherwise provided by law, for
26

the "matters addressed" in this Settlement. The "matters addressed" in this Settlement are the
Work and Future Response Costs, provided, however, that if EPA exercises rights against
Respondent under the reservations in Paragraph 63.a through e., the "matters addressed" in this
Settlement do not include those response costs or response actions that are within the scope of
the exercised reservation.
67.
Respondent shall, with respect to any suit or claim brought by it for matters
related to this Settlement, notify EPA no later than 60 days prior to the initiation of such suit or
claim. Respondent shall, with respect to any suit or claim brought against it for matters related to
this Settlement, notify EPA within 10 days after service of the complaint on Respondent. In
addition, Respondent shall notify EPA within 10 days after service or receipt of any Motion for
Summary Judgment and within 10 days after receipt of any order from a court setting a case for
trial.
68.
Res Judicata and Other Defenses. In any subsequent administrative or judicial
proceeding initiated against Respondent by EPA or by the United States on behalf of EPA for
injunctive relief, recovery of response costs, or other appropriate relief relating to the Site,
Respondent shall not assert, and may not maintain, any defense or claim based upon the
principles of waiver, claim preclusion (res judicata), issue preclusion (collateral estoppel), claimsplitting, or other defenses based upon any contention that the claims raised by the United States
in the subsequent proceeding were or should have been brought in the instant case.
69.
Nothing in this Settlement creates any rights in, or grants any defense or cause of
action to, any person not a Party to this Settlement. Except as provided in Section XVII
(Covenants by Respondent), each Party expressly reserves any and all rights (including pursuant
to Section 113 of CERCLA, 42 U.S.C. § 9613), defenses, claims, demands, and causes of action
that each Party may have with respect to any matter, transaction, or occurrence relating in any
way to T-25S against any person not a Party hereto. Nothing in this Settlement diminishes the
right of the United States under Sections 113(f)(2) and (3) of CERCLA, 42 U.S.C. §§ 9613(f)(2)
& (3), to pursue any person not a party to this Settlement to obtain additional response costs or
response action and to enter into settlements that give rise to contribution protection pursuant to
Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2).

XIX. RECORDS
70.

Retention of Records and Information

a.
Respondent shall retain, and instruct its contractors and agents to retain,
the following documents and electronically stored data ("Records") until 10 years after the
Notice of Completion of the Work under Paragraph 26 ("Record Retention Period"):
(1)

All records regarding Respondent's liability and the liability of any other
person under CERCLA regarding the Site;

(2)

All reports, plans, permits, and documents submitted to EPA in
accordance with this Settlement, including all underlying research and
data; and

27

(3)

All data developed by, or on behalf of, Respondent in the course of
performing the Work.

b.
At the end of the Record Retention Period, Respondent shall notify EPA
that EPA has 90 days to request Respondent's retained Records. Respondent shall continue to
retain and preserve its Records for this 90-day period. Upon request by EPA, and except as
provided below (Privileged and Protected Claims), Respondent shall deliver any requested
Records to EPA. These Records retention requirements apply regardless of any corporate record
retention policy.
71.

Privileged and Protected Claims

a.
Respondent may assert that all or part of a record requested by EPA is
privileged or protected as provided under federal law, in lieu of providing the record, provided
that Respondent complies with Paragraph 71.b, and except as provided in Paragraph 71.c.
b.
If Respondent asserts a claim of privilege or protection, Respondent shall
provide EPA with the following information regarding such record: its title; its date; the name,
title, affiliation (e.g., company or firm), and address of the author, of each addressee, and of each
recipient; a description of the record's contents; and the privilege or protection asserted. If a
claim of privilege or protection applies only to a portion of a record, Respondent shall provide
the record to EPA in redacted form to mask the privileged or protected portion only. Respondent
shall retain all records that they claim to be privileged or protected until EPA has had a
reasonable opportunity to dispute the privilege or protection claim and any such dispute has been
resolved in Respondent's favor.
c.
Respondent shall not make any claim of privilege or protection regarding:
(1) any data regarding T-25S, including all sampling, analytical, monitoring, hydrogeologic,
scientific, chemical, radiological or engineering data, or the portion of any other record that
evidences conditions at or around T-25S; or (2) the portion of any record that Respondent is
required to create or generate in accordance with this Settlement.
72.
Confidential Business Information Claims. Respondent is entitled to claim that
all or part of a record submitted to EPA under this Section is Confidential Business Information
("CBI") that is covered by Section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R.
§ 2.203(b). Respondent shall segregate all records or parts thereof submitted under this
Settlement which Respondent claims is CBI and label those records as "claimed as confidential
business information" or "claimed as CBI." Records that a submitter properly labels in
accordance with the preceding sentence will be afforded the protections specified in 40 C.F.R.
Part 2, Subpart B. If the records are not properly labeled when they are submitted to EPA, or if
EPA notifies the submitter that the records are not entitled to confidential treatment under the
standards of Section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), or 40 C.F.R. Part 2, Subpart
B, the public may be given access to such records without further notice to the submitter.
73.
Notwithstanding any provision of this Settlement, EPA retains all of its
information gathering and inspection authorities and rights, including enforcement actions
related thereto, under CERCLA, RCRA, and any other applicable statutes or regulations.

28

XX.

NOTICES AND SUBMISSIONS

74.
All agreements, approvals, consents, deliverables, modifications, notices,
notifications, objections, proposals, reports, waivers, and requests specified in this Settlement
must be in writing unless otherwise specified. Whenever a notice is required to be given or a
report or other document is required to be sent by one Party to another under this Settlement, it
must be sent as specified below. All notices under this Section are effective upon receipt, unless
otherwise specified. In the case of emailed notices, there is a rebuttable presumption that such
notices are received on the same day that they are sent. Any Party may change the method,
person, or address applicable to it by providing notice of such change to the other Party.
As to EPA: via email to:
Dustan Bott
bott.dustan@epa.gov
Re: Site/Spill ID # 10TT
As to
Respondent:

via email to:
Julia Fitts
jfitts@anchorqea.com

XXI. APPENDICES
75.

The following appendices are attached to and incorporated into this Settlement:
"Appendix A" is the Action Memorandum.
"Appendix B" is the Statement of Work.
"Appendix C" is a diagram of T-25S.

XXII. ALTERATIONS/DEVIATIONS
76.
The EPA Project Manager may alter a deliverable or schedule by written notice or
oral direction. The EPA Project Manager will memorialize in writing each such oral direction,
but the effective date of that alteration will be the date of oral direction. Otherwise, the effective
date of an alteration will be the date of written notice. Once so acted upon by the EPA Project
Manager, the altered deliverable or schedule will be deemed approved by EPA. Any other
requirement of this Settlement may be changed only by the written mutual consent of the Parties.
77.
If Respondent seeks to deviate from the approved Removal Action Work Plan or
schedule or any other approved deliverable or schedule, Respondent's Project Coordinator shall
submit a written request to EPA for approval outlining the proposed deviation and reasons
therefore. Respondent may proceed in accordance with such a requested deviation only after
receiving written approval to do so from the EPA Project Manager.

29

78.
No advice, guidance, suggestion, or comment by the EPA Project Manager or
other EPA representative regarding any proposed deliverable or schedule submitted by
Respondent relieves Respondent of the obligation to obtain EPA-approval as required by this
Settlement, or to otherwise comply with all requirements of this Settlement.

XXIII.

SIGNATORIES

79.
The undersigned representative of EPA and Respondent certifies that he or she is
fully authorized to enter into the terms and conditions of this Settlement and to execute and
legally bind such party to this Settlement.

XXIV.

INTEGRATION

80.
This Settlement constitutes the entire agreement among the Parties regarding the
subject matter of the Settlement and supersedes all prior representations, agreements and
understandings, whether oral or written, regarding the subject matter of the Settlement.

XXV. EFFECTIVE DATE
81.

This Settlement is effective when it is executed by EPA.

IT IS SO AGREED AND ORDERED:
BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY:

_____________
Dated

_____________________________
Laura Buelow
Acting Remedial Program Manager
Superfund and Emergency Management Division
Region 10

30

Signature Page for Settlement Regarding Terminal 25 South and area associated with the East
Waterway Operable Unit of the Harbor Island Superfund Site

FOR: PORT OF SEATTLE
____________
Dated

___________________________________
Name: Stephen P. Metruck
Title: Executive Director

31

MEMORANDUM
SUBJECT:

Action Memorandum for a Non-Time Critical Removal Action at Terminal 25 South,
Seattle, Washington

FROM:

Dustan Bott, Remedial Project Manager
Site Cleanup Section 3
Remedial Cleanup Branch

THRU:

Laura Buelow, Acting Branch Manager
Remedial Cleanup Branch

TO:

Daniel D. Opalski, Director
Superfund Emergency Management Division

SITE ID:

EPA 1D - WAD980722839, Site ID - 1000949

1 PURPOSE
The purpose of this Action Memorandum (AM) is to request and document approval of a Non-Time
Critical Removal Action (NTCRA) for Terminal 25 South (T-25S), located in Seattle, Washington
(Figure 1). The NTCRA is authorized by Section 104(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9604(a), and Section 300.415 of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F.R. 300.415. An Engineering
Evaluation and Cost Analysis (EE/CA) for T-25S was prepared by the Port of Seattle (Port) under United
States Environmental Protection Agency (EPA) oversight in accordance with the Administrative
Settlement Agreement and Order on Consent in CERCLA Docket No. 10-2022-0159 (ASAOC).
T-25S is located partially within the East Waterway (EW) Operable Unit (OU) of the Harbor Island
Superfund Site (Figure 2). EPA issued an Interim Record of Decision (IROD) in 2024 that selected the
interim remedial action for the EW OU, including the overlapping sediment portion of T-25S. Remedial
Action Levels (RALs) for sediment in the EW OU are established in the IROD and are presented in
Table 1.
The Port plans to construct a habitat restoration project at T-25S to restore intertidal and shallow
subtidal habitat. Prior to implementing that project, removal of contaminated sediments from the
EW OU and contaminated soils from the adjacent upland area of T-25S will occur. Currently, T-25S is

comprised of EW OU sediments (referred to as the in-water portion) and an upland area that will
become marsh habitat (below the future relocated mean higher high-water elevation) as part of the
habitat restoration project (referred to as the upland portion). The NTCRA will address the in-water
portion of T-25S in a manner that is consistent with applicable components of the EW OU IROD. In
addition, the EW OU RALs will apply to the upland portion of T-25S that is anticipated to become marsh
habitat. Implementation of the NTCRA is planned to occur ahead of the habitat restoration project
construction activities.

2 SITE CONDITIONS AND BACKGROUND
The EPA/CERCLIS ID for the Harbor Island Superfund Site (Site) is WAD980722839, Site ID - 1000949.
The Site was placed on the National Priorities List (NPL) on September 8, 1983, pursuant to Section 105
of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.
§ 9605. Harbor Island is one of the primary industrial and commercial areas in Seattle and was
constructed in the early 20th century in the Duwamish River. The East Waterway is approximately
1.5 miles long and 750 feet wide and was formed by dredging the Elliott Bay tidelands and the
construction of Harbor Island in the early 1900s (Anchor QEA and Windward Environmental LLC
[Windward], 2019). To the south of Harbor Island and upstream of the EW OU is the Lower Duwamish
Waterway (LDW) Superfund Site.
T-25S is one of the Port's earliest operating commercial terminals (Pinnacle Geosciences 2003). Its
origins and commercial use date back to the original filling of the intertidal lands. T-25S was initially
constructed by dredging and filling activities in the early 1900s, when the Duwamish River was
reconfigured to the current channel location. In addition to sediment fill placement at T-25S, other
upland fill materials (associated with the regrading of Beacon Hill and Denny Hill) were placed at the
site. T-25S was used for cold storage, logging facilities, and as a sawmill from 1915 to approximately
1930. The mill site was removed to allow for lumber storage and automobile staging in the early 1960s.
Automobile undercoating facilities were constructed in the 1970s. The current terminal area north of
T-25S was a turning basin until 1972, when it was filled in. During the 1980s, T-25S was used for cold
storage, seafood processing, and shipping operations. Most structures and buildings at the site were
demolished in the 1990s, the cold storage building was demolished in the early 2000s. Historical
operations are depicted on Figure 3.
2.1

Site description

2.1.1 Removal site evaluation
An initial remedial investigation (RI) was completed by EPA for the Site in 1993 (Weston, R.F., 1993).
That RI focused primarily on the upland areas of Harbor Island. Work began in 2006 to specifically
characterize the nature and extent of contamination in the sediments of the EW OU. Together, the
Port, the City of Seattle, and King County make up the East Waterway Group (EWG), which has been
performing or funding investigations and studies of the EW OU. A supplemental remedial investigation
(SRI) focusing on the EW OU was completed in 2014 (Windward and Anchor QEA, 2014), and a
feasibility study (FS) was completed in 2019 (Anchor QEA and Windward, 2019), and were performed
by the Port under the supervision of EPA. The nature and extent of contamination in the EW OU and
alternatives for remediation of that contamination are detailed in the SRI and FS. These evaluations
and studies included the current in-water portion of T-25S.
Environmental investigations of soil, intertidal bank sediment, groundwater and stormwater have been
conducted at T-25S for various purposes beginning in the late 1960s, as follows:
2

Blymyer Engineers, Inc., 1989, conducted a Phase 1 Environmental Site Assessment (ESA) on behalf of
Matson Terminals, Inc. Historical research and completion of a series of soil explorations were
conducted. Boring locations were selected based on historical research of past T-25S uses. Twelve soil
borings were drilled to approximately 10 feet below ground surface (bgs) and analyzed for one or more
of the following: total petroleum hydrocarbons (TPH), volatile organic compounds (VOCs), semi-volatile
organic compounds (SVOCs).
Sweet-Edwards/EMCON, Inc., 1990, prepared a Subsurface Investigation Report to document the
excavation and removal of an Investigation documented the excavation and removal of a 3,000-gallon
underground storage tank (UST) from the southwestern portion of T-25S. Soil samples were collected
from the excavation area, and four groundwater monitoring wells were installed. Soil and groundwater
samples were analyzed for petroleum-related benzene, toluene, ethylbenzene, and xylene and TPH
compounds. The wells were decommissioned and are no longer present. The Washington State
Department of Ecology (Ecology) issued a No Further Action determination in 2012 for T-25S,
establishing that no further remedial action was necessary to clean up contamination associated with
the leaking UST.
Landau Associates, Inc. and EcoChem, Inc., 1990, conducted an upland soil and groundwater
investigation near the location of a former maintenance building in the southwestern portion of T--25S
to characterize contamination observed in soil and groundwater in the vicinity of a Phase 1 ESA boring
from 1989. Three soil borings were drilled, and groundwater monitoring wells were installed to assess
potential TPH impacts in nearshore soil and groundwater. The groundwater monitoring wells were
decommissioned and are no longer present at T-25S.
Anchor QEA and Aspect, 2012; samples of nearshore groundwater and intertidal bank sediments were
collected and analyzed for metals, SVOCs, polycylic aromatic hydrocarbons (PAHs) and polychlorinated
biphenyls (PCBs). Four shallow groundwater wells were installed at approximately 13 to 14.5 feet bgs
along the nearshore portion of T-25S to assess the quality of groundwater discharging from T-25S to
the EW OU.
Anchor QEA, 2019-2020, conducted in-water sediment and upland soil investigations to support
planning and design of T-25S habitat restoration project and implementation of the EW OU interim
remedial action. Eleven borings were collected in upland locations to characterize the lateral and
vertical extent of PCB contamination encountered during the 2019 upland sampling event and for
additional waste characterization of the restoration project excavation material.
Sediment cores were collected from nine nearshore locations in and around the piling field to support
planning for habitat restoration. The cores were collected to characterize the planned dredge prism,
the post-dredge (Z-layer) surface, and the nature and extent of contamination using a floating
vibracore unit that could access coring locations without significant piling removal activities. Due to
substantial debris encountered, several locations were offset from the target locations; two were
collected outside of the project area and one had refusal after recovery of 2 feet of material. Because
the in-water sediment portion of T-25S is part of the EW OU, it was presumed that the top 4 to 5 feet
of the dredge prism was contaminated and would be sent to an upland landfill once removed.
Sediment intervals were analyzed based on coordination with EPA to map the vertical extent of
contamination.
Anchor QEA, 2020, T-25S Phase 2 Quality Assurance Project Plan; nineteen subsurface sediment cores
were collected throughout the subtidal areas of the planned habitat restoration footprint to support
3

delineation of the vertical extent of contamination and dredge design evaluations for the future
habitat project restoration. Twenty locations were planned but one was abandoned due to the
presence of shallow rock or other hard material encountered. All samples were analyzed for total
solids, total organic carbon, metals, SVOCs, PAHs, total PCB Aroclors and dioxins/furans (D/F) and
select samples were analyzed for tributyltin (TBT) and pesticides.
Anchor 2023-2024, EE/CA upland soil and groundwater investigations; soil borings were collected at
42 locations. Samples were analyzed for a subset of metals, PAHs, SVOCs, PCBs, VOCs, D/F, pesticides,
TBT, and TPH. Six groundwater wells were installed along the perimeter of T-25S to understand
groundwater quality entering the project area. Groundwater wells were sampled twice, once during
wet conditions and once during dry conditions.
2.1.2 Physical location
T-25 is located at 2917 East Marginal Way South, Seattle, Washington, and consists of a single parcel
that is owned and managed by the Port. The parcel (Assessor's Parcel Number 7666207905) is
approximately 37 acres in size. T-25S includes approximately 5 acres of upland area generally located
at the southwestern portion of the parcel and 5 acres of submerged and intertidal areas within the
EW OU. The upland portion of T-25S includes the area that is anticipated to become marsh habitat,
which is below the future planned mean higher high water (MHHW) elevation (approximately +12 feet
mean lower low water [MLLW]). T-25S is bounded to the east by the NW Seaport Alliance Lease Area,
to the south by Spokane Street, to the west by the EW OU, and to the north by a currently vacant
terminal facility (Figure 2). The upland portion of T-25S and surrounding properties are zoned Industrial
General 1.
T-25S is partially located within the EW OU and within the source control area for the EW OU. The
eastern and western boundaries of the EW OU are delineated by the existing MHHW elevation
(Anchor QEA and Windward Environmental LLC 2019). The EW OU is within the Usual and Accustomed
fishing and hunting areas for the Muckleshoot Indian Tribe, Suquamish Tribe, and Yakama Nation. The
EW OU is subject to large tidal swings, up to 12 feet per day, and is subject to king tides in the winter
months.
The Puget Sound and East Waterway are home to various species that are protected, including
Steelhead (Oncorhynchus mykiss), Chinook salmon (Onchorhynchus tshawytscha), Bull trout (Salvelinus
confluentus), Bocaccio rockfish (Sebastes paucispinis), Yelloweye rockfish (Sebastes ruberrimus), and
Killer whale (Orcinus orca). Essential fish habitat at the Site is regulated under the Magnuson-Stevens
Fishery Conservation Management Act and Fisheries Management Plans published by the Pacific
Fishery Management Council for Pacific Coast Salmon, Pacific Groundfish, and Coastal Pelagic species.
There are three Pacific Coast Salmon, 24 Pacific Groundfish, and four Coastal Pelagic species that are
known or have the potential to occur in the East Waterway, and the southeastern portion of Elliott
Bay.
2.1.3 Site characteristics
T-25S is paved or covered with compacted gravel. It is graded to drain stormwater to a collection
system consisting of catch basins, collected stormwater is discharged to the EW OU through outfall
locations on the west end of T-25S. A piling field (former Pier 24) is present within the sediment area
adjacent to most of the western and all of the north shoreline areas. The deck was removed from this
structure in 2006 by the Port, and the area is currently not in use. No vessel moorage activities occur
within T-25S.
4

The Port currently leases the upland portions of T-25S to various tenants who use the area for
equipment and material laydown, light industrial activity, and truck parking. The southeastern portion
of T-25S includes the City's right of way and is paved with asphalt and used as an active construction
laydown area and parking area for trucks. The western portion of T-25S contains paved and unpaved
portions and abuts the eastern shoreline of the EW OU. The southwestern portion of T-25S is used as a
log and woody debris storage area. The northern portions of the T-25S upland area are currently
unused.
2.1.4 Release or threatened release into the environment of a hazardous substance, or pollutant or
contaminant.
Based on the findings of a Phase I ESA Report (Pinnacle Geosciences 2003), floor drains in the former
compressor building and maintenance shop area may have drained spills of hydraulic oil or transformer
oil directly into a void space beneath the building floors, which were pile-supported. It is unknown
whether the former void space communicated directly with the river; however, the buildings would
flood during high tide. This historical T-25S condition may explain the source of PCBs and non-aqueous
phase liquid (NAPL) identified in subsurface soils within the footprint of the former compressor
building and maintenance shop. In the 1960s, the transformer pad located on the east side of the
former compressor building was remodeled, and three 5,400-pound transformers were added to this
area. Transformer spills in this area may have been a historical source of PCB contamination.
The CERCLA investigation process has documented the release of hazardous substances to the
sediment and upland soil at T-25S. Multiple investigations have shown that contaminants in sediments
are present at concentrations that pose unacceptable risks to human health and the environment, and
are present in soil that would pose unacceptable risk to human health and the environment following
the conversion of the upland area to intertidal aquatic habitat. These contaminants are present from
past industrial and commercial activities at T-25S and throughout the EW OU, and include PAHs, PCBs,
and chlorinated dibenzo-dioxins and -furans. These contaminants are hazardous substances as defined
by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14).
PCBs as Aroclors were analyzed in 181 samples from 56 locations across T-25S. Concentrations greater
than the EW OU RAL are limited to the southern half of T-25S, with a maximum concentration of
2,500,000 µg/kg. The maximum PCB concentration identified was between 9 and 10 feet bgs,
concentrations decreased significantly to 11 feet bgs.
PAHs were analyzed in 80 samples from 40 locations across T-25S. Concentrations greater than the EW
OU RALs were identified for each of the four PAHs with EW OU RALs at locations spread across T-25S
and are bounded at all locations and are primarily located in the western portion of the site.
Concentrations of PAHs greater than the EW OU RALs are found from the ground surface to 10 feet
bgs.
Dioxins/furans were analyzed in 40 samples from 25 locations across T-25S, concentrations greater
than the EW OU RAL (calculated as a TEQ) were detected in six samples, with a maximum
concentration of 40 times the EW OU RAL. All locations with concentrations greater than the EW OU
RALs are located in the southern portion of T-25S.
Sample locations are shown on Figures 4 and 5. The locations where concentrations are greater than
the EW OU RALs in soil and sediment are presented on Figures 6 and 7, respectively.

5

2.1.5 NPL status
The current in-water portion of T-25S is part of the EW OU of the Site that was listed on the NPL on
September 9, 1983.
2.2

Other actions to date

2.2.1 Previous actions
There have been no previous CERCLA removal actions or remedial actions at T-25S. However, a leaking
underground storage tank (LUST) was removed in 1989, and Ecology issued a No Further Action
determination following the LUST removal and confirmatory sampling (Ecology 2012).
2.2.2 Current Actions
The Port has conducted characterization of the nature and extent of contamination at T-25S under the
oversight of EPA. The EWG, which includes the Port, has entered into a settlement with EPA pursuant
to which the EWG is designing the EW OU interim remedial action. The NTCRA will result in the T-25S
portion of the EW OU being remediated in advance of other areas of the EW OU.
2.3

State and local authorities' role

2.3.1 State and local actions to date
EPA is the lead agency under the NCP for the EW OU. EPA coordinated with Ecology during
development of the EW OU IROD, which includes the in-water portion of T-25S. Ecology has
participated in reviewing and commenting on documents, briefings, and public meetings associated
with the EW OU, including T-25S. Ecology concurred on the interim remedial action selected by EPA in
the IROD for the EW OU.
2.3.2 Potential for continued state/local response
This NTCRA for T-25S is expected to be conducted by the Port under EPA oversight and in accordance
with CERCLA and this Action Memorandum. Coordination efforts with Ecology and local authorities will
occur throughout the NTCRA.
2.3.3 Availability of other appropriate federal or state response mechanisms to respond to the
release
T-25S is in part located within the EW OU and the NTCRA will be consistent with the interim remedy
selected in the EW OU IROD. The state's involvement in T-25S has been limited due to resource
constraints, and it has expressed a preference to defer to EPA in this instance.

3 THREATS TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, AND
STATUTORY AND REGULATORY AUTHORITIES
A removal action is warranted under the NCP, 40 C.F.R. § 300.415(b)(1), due to the threat to public
health or welfare or the environment from the release of hazardous substances at T-25S. This threat is
based on consideration of NCP factors at 40 C.F.R. §§ 300.415(b)(2)(i) and (ii), including the actual or
potential exposure to nearby human populations, animals, or the food chain from hazardous
substances, and the actual or potential contamination of sensitive ecosystems. Concentrations of
PAHs, PCBs, and dioxins/furans are present in sediment at T-25S and in upland soil of T-25S that is
anticipated to become intertidal marsh habitat.
6

3.1.1 Actual or potential exposure to nearby human populations, animals, or the food chain from
hazardous substances or pollutants or contaminants (40 C.F.R. § 300.415(b)(2)(i)).
The primary exposure pathways for human health and ecological risks are direct contact with
contaminated sediment and consumption of contaminated fish and/or shellfish by people and
ecological receptors. PAHs PCBs, and dioxins/furans are human carcinogens which accumulate and
magnify in the aquatic food chain.
3.1.2 Actual or potential contamination of drinking water supplies or sensitive ecosystems
(40 C.F.R. § 300.415(b)(2)(ii)).
The EW OU connects Puget Sound to the Green River/Duwamish River watershed and serves as an
important migratory pathway for both juvenile and adult salmon. Aquatic and semi-aquatic wildlife
that use the EW OU include river otters, harbor seals, and a variety of marine birds and ducks. Sixteen
aquatic and aquatic-dependent species reported in the vicinity of Elliott Bay area are listed under
either the Endangered Species Act or by the Washington Department of Fish and Wildlife as candidate
species, threatened species, endangered species, or species of concern. Of these species, Chinook
salmon, Coho salmon, steelhead salmon, and western grebe are commonly observed in or around the
EW OU.
There are no known impacts to drinking water as the groundwater at T-25S is not considered by EPA to
be potable.
3.1.3 Other situations or factors that may pose threats to public health or welfare of the United
States or the environment.
A treated-wood piling field from the historical Pier 24 currently remains in the subtidal area on the
northern half of T-25S and is likely an ongoing source of releases of PAHs to the aquatic environment.

4 ENDANGERMENT DETERMINATION
Actual or threatened releases of hazardous substances from T-25S, if not addressed by implementation
of the NTCRA, consistent with the IROD, may present an imminent and substantial endangerment to
public health, welfare, or the environment due to risks to human health and the environment from
human consumption of contaminated seafood and benthic exposure to contaminated sediment.
The baseline human health risk assessment (BHHRA) (Windward, 2012a) evaluated cancer and noncancer health hazards associated with exposure to EW OU-related contamination that may occur
during recreational, occupational, or cultural activities. Populations were identified that could
potentially be exposed to EW OU-related contamination through a variety of activities consistent with
both current and future use of the EW OU. These activities included consumption of fish and shellfish
by adults and children based on Tribal members exercising their U&A fishing rights and following
traditional practices. Consumption of fish and shellfish by adults and children as represented by an
Asian & Pacific Islander scenario engaged in cultural seafood consumption traditions was also
evaluated. The estimated cancer risks associated with consumption of fish and shellfish are 1 x 103,
PCBs and dioxins/furans are the primary contributors to these estimates. Because PCB concentrations
in the current upland portion of T-25S are anticipated to become inundated during the planned habitat
restoration project are substantially greater than found in the EW OU sediments, the estimated risks
associated with consumption of fish and shellfish would also be greater.
The Baseline Ecological Risk Assessment (BERA, Windward, 2012b) evaluated the potential for adverse
7

effects to benthic invertebrates, shellfish (crabs), fish, and birds and mammals from exposure to
contaminants at the EW OU. Risk to different exposed ecological receptors was quantified as hazard
quotients (HQs), representing the ratio of contaminant concentration to a given toxicological
benchmark. Measured PCB concentrations in tissue are predicted to adversely affect English Sole and
Rockfish.

5 PROPOSED ACTIONS AND ESTIMATED COSTS
5.1

Proposed action

5.1.1 Proposed action description
NTCRA areas to be addressed were delineated using Thiessen data interpolation to identify the lateral
and vertical extents of areas with contaminant concentrations greater than the EW OU RALs (Figures 8
and 9). The Thiessen polygons were further grouped into dredge units (DUs for the current in-water
portion of T-25S) or excavation units (EUs for the current upland portion of T-25S) based on similar
removal depths and/or similar type of contamination. The NTCRA consists of the full excavation of
upland soils exceeding EW OU RALs in the area with the highest EW OU RALs exceedances and
presence of NAPL, and full excavation of soils exceeding EW OU RALs in other focused upland areas of
T-25S. The Port anticipates exceeding the requirements of the NTCRA by excavating soils without
EW OU RAL exceedances down to habitat restoration subgrade elevations followed by clean backfill
placement to achieve the planned final habitat design elevations.
Upland removal is comprised of 9 EUs with excavation depths ranging from 2 to 16 feet bgs. The
assumptions for each EU are described below:
EU-1: Soils with contaminant concentrations exceeding EW OU RALs will be removed down to 16 feet
bgs. PCB concentrations in samples below 11 ft decrease substantially, and no PCB RAL exceedances
were identified within the sample intervals from native soil, which was encountered at 16 feet bgs.
Following soil removal, the Port plans to exceed NTCRA requirements by the placement of clean
backfill to the Port's separate final habitat design elevations.
EU-2 through EU-4 include full excavation of soil with concentrations exceeding EW OU RALs. Removal
thickness assigned to each EU was defined as the deepest interval that exceeded EW OU RALs. If the
vertical extent of an EW OU RAL exceedance was not reached, the required excavation depth was
increased by an additional 1 foot below the bottom of the deepest sampled extent of contamination to
address the vertical bounding uncertainty (Table 5-2). Following soil removal, the Port plans exceed
NTCRA requirements by the placement of clean backfill to the final habitat design elevations in these
EUs.
EU-5 through EU-8 include full excavation of soils exceeding EW OU RALs down to habitat subgrade
elevations. All soils with EW OU RAL exceedances within these EUs are within the removed depths
needed to reach habitat subgrade elevations and to accommodate for 2 feet of clean backfill needed
for the future marsh construction throughout the upland of T-25S. Following soil removal, the Port
plans to exceed NTCRA requirements by the placement of clean backfill to the planned final habitat
design elevations.
EU-9: includes non-NTCRA work by the Port to excavate soil without EW RAL exceedances down to the
proposed habitat subgrade elevations, followed the placement of 2 feet of clean backfill to the final
habitat design elevations.
8

A summary of the T-25S data is presented in Table 2, Tables 3 though 9 present a screening of the
upland data against the EW OU RALs, contaminants for which concentrations are greater than the RALs
are summarized in Tables 10 though 13, a plan view of the upland excavation areas is presented on
Figure 10.
In-water actions are consistent with the interim remedy selected in the EW OU IROD, which includes
removal of debris and pilings and dredging of contaminated sediments, followed by residual
management cover (RMC) and placement of sloped backfill and armor (Figures 11 and 12). The inwater portion of T-25S is composed of 18 DUs with dredging depths ranging from 3 to 11 feet below
mudline to address the full extent of sediment contamination.
The rationale for selecting the depth of excavation in the upland area and in-water locations is
presented in Tables 14 and 15, respectively.
A treated-wood piling field from the former Pier 24 remains in the subtidal area on the northern half of
the in-water portion of T-25S. Bathymetric contours within the piling field are above -20 feet MLLW. All
pilings and other debris will be removed to the maximum extent practicable, followed by dredging to
depths established for each DU to remove EW OU RAL exceedances. Removal will be followed by
placement of a sloped backfill (at a 3H:1V slope), with an armor rock layer placed above at a 2H:1V
slope (assumed thickness of 3 feet) from the post-dredge surface (ranging from approximately -48
to -5 feet MLLW) up to 0 feet MLLW. Clean backfill will be placed above 0 feet MLLW to the Port's
anticipated final habitat design elevations (berm backfill). Areas lower than -40 feet MLLW are
assumed to be covered with a 1.5-foot-thick RMC layer. The NTCRA is the most protective action for
the upland area which best addresses the anticipated future use of this area.
EPA will consult with the United States Fish and Wildlife Service (USFWS) and United States Marine
Fisheries Service (USMFS) regarding Endangered Species Act compliance. In-water work windows and
physical best management practices (BMPs) that may be recommended though a Biological
Assessment/Biological Opinion process, if necessary, will be incorporated into the project as
appropriate to protect water quality and potential species of concern. Stormwater BMPs will also be
determined in the NTCRA design phase to prevent water quality impact. An EPA approved Quality
Assurance Project Plan (QAPP) and construction quality control plan is expected to be developed by
the Port for EPA approval, and conformation sampling will be conducted to ensure that the NTCRA
objectives are achieved. If determined in design that further samples are required for delineation,
these will also be collected under an EPA-approved QAPP.
EPA will require post removal site controls for the uplands should any contamination remain above
levels that would allow for unlimited use/unlimited exposure (UU/UE). In water post removal site
controls will be required until the completion of the EW OU IROD interim remedial action, at which
point it is expected that T-25S monitoring will be incorporated into the monitoring for the interim
remedial action implemented for the EW OU under the IROD. All institutional controls (ICs) determined
to be needed by EPA for T-25S are expected to be implemented by the Port.
Under the NTCRA, approximately 61,000 cubic yards (cy) of soil/sediment will be disposed of offsite at
a Resource Conservation and Recovery Act (RCRA) Subtitle D landfill, and 19,500 cys of soil/sediment
will be disposed of as hazardous waste at a RCRA Subtitle C landfill. All hazardous substances,
pollutants or contaminants will be disposed of in compliance with the offsite rule established under
Section 121(d)(3) of CERCLA, 42 U.S.C. 9621(d)(3), and in accordance with State regulations. Any
soils/sediment with PCB concentrations will be disposed of at a facility that is in compliance with Toxic
9

Substance Control Act requirements as well as RCRA requirements. Sediments will be dewatered as
detailed in the NTCRA design, in accordance with Sections 401 and 404(d) of the Clean Water Act
(CWA), 33 U.S.C. 1341 and 1344(d).
5.1.2 Contribution to remedial performance
The NTCRA is consistent with the interim remedy selected in the EW OU IROD for the existing portion
of T-25S that is within the EW OU, as well as for the upland area that is expected to become subtidal
and intertidal habitat. The NTCRA provides for the cleanup of hazardous substances that have been
released to the upland area of T-25S in a manner consistent with the EW OU IROD. Because the NTCRA
removes all contamination where concentrations are greater than the EW OU RALs selected in the
IROD, with the exception of institutional controls, no further actions under the EW OU IROD are
anticipated to be needed for T-25S.
5.1.3 Engineering Evaluation/Cost Analysis
An EE/CA was prepared by Anchor QEA for the Port (Anchor QEA, 2025) under the oversight and
direction of EPA. The EE/CA identified technologies for T-25S that address sediment and soil
contamination, that are readily available, and that can be implemented within the anticipated NTCRA
timeframe. The in-water technologies that are applicable to the in-water portion of T-25S are
mechanical dredging, RMC, backfill, disposal, and institutional controls; these technologies were
selected for the EW OU as part of the EW IROD. Applicable upland technologies are excavation,
engineered capping with amendments, backfill, containment barrier, ex situ treatment, disposal, and
institutional controls.
Three alternatives were developed for T-25S, although only one in-water alternative was considered in
order to be consistent with the interim remedy selected in EW OU IROD. Alternatives for the upland
portion of T-25S considered a range of lateral and vertical extents of contaminated soil removal,
backfill, and capping. Though not required by EPA as part of the NTCRA, all alternatives include some
excavation of soils without EW OU RAL exceedances down to the Port's anticipated final habitat design
subgrade elevations, followed by placement of clean 2-foot backfill in certain areas.
Alternative 1 included partial excavation of 11.5 feet of upland contaminated soil in the area with the
highest EW OU RAL exceedances (primarily the highest PCB RAL exceedances) and presence of NAPL,
followed by placement of an amended cap (composed of a 0.5-foot-thick organoclay-amended sand for
NAPL sorption and a 1-foot-thick granular activated carbon [GAC]-amended sand for chemical
isolation), and an average of 5 feet of clean backfill atop the cap to accommodate the Port's
anticipated final habitat design elevations. Alternative 1 also includes partial excavation of
contaminated soils in other focused upland areas to address EW OU RAL exceedances, followed by
2 feet of clean backfill placement to accommodate the Port's final habitat design elevations.
Alternative 1 also includes excavation of soils without EW RAL exceedances down to habitat subgrade
elevations followed by placement of 2 feet of clean backfill to required final habitat design elevations.
Consistent with the EW OU IROD, the in-water portion includes removal of debris and pilings to the
maximum extent practicable, dredging of contaminated sediments, followed by RMC and placement of
sloped backfill and armor. The total estimated cost for Alternative 1 is $88.5 million
Alternative 2 included partial excavation of 13.5 feet of upland contaminated soil in the area with the
highest EW OU RAL exceedances (primarily the highest PCB RAL exceedances) and presence of NAPL,
followed by placement of an amended cap (composed of a 0.5-foot-thick organoclay-amended sand for
NAPL sorption, and a 1-foot-thick GAC-amended sand for chemical isolation), and an average of 7 feet
10

of clean backfill atop the cap to accommodate the Port's final habitat design elevations. Partial
excavation of contaminated soils in other focused upland areas would address EW OU RAL
exceedances down to the Port's anticipated habitat subgrade elevations, followed by placement of a
1-foot-thick GAC-amended cap and 2 feet of clean backfill. Alternative 2 also includes excavation of soil
without EW RAL exceedances down to habitat subgrade elevations followed by placement of 2 feet of
clean backfill to the required final habitat design elevations. The total estimated cost for this
alternative is $91.9 million.
Alternative 3 involves the full excavation of upland soils exceeding EW OU RALs in the area with the
highest EW OU RAL exceedances and the presence of NAPL (EU-1), and full excavation of soils
exceeding EW OU RALs in other focused upland areas (EU-2 through EU-8). Although not required as
part of this NTCRA, EPA is aware that the Port's plans for the habitat restoration project will also result
in the excavation of soil within EU-9 that does not contain contamination at concentrations greater
than the EW OU RALs in order to achieve the final habitat design elevations after placement of 2 feet
of clean backfill. The total estimated cost for Alternative 3 is $99.1 million.
EPA issued the EE/CA identifying Alternative 3 as the preferred action for a 30-day public comment
period on January 26, 2026, which was extended through March 12, 2026. A total of seven individual
comments were received, all expressed support for Alternative 3. A few comments requested clarity or
minor revisions to the habitat restoration portion of the overall project. While the EE/CA stated that
habitat restoration was outside of the scope of the CERCLA response action. EPA has forwarded the
habitat restoration comments to the Port for its consideration.
5.1.4 Applicable or Relevant and Appropriate Requirements (ARARs)
The NCP at 40 C.F.R. § 300.415 requires removal actions to comply with (or formally waive) ARARs to
the extent practicable considering the exigencies of the situation. In determining whether compliance
with ARARs is practicable, EPA may consider the scope of the removal action and the urgency of the
situation. ARARs for the T-25S NTCRA, which are consistent with the ARARs identified for the EW OU
cleanup and include standards, requirements, criteria, or limitations promulgated by both the federal
government and the State of Washington. Some ARARs prescribe minimum requirements or standards.
Other ARARs place requirements or limitations on actions that may be undertaken as part of a removal
action. ARARs for T-25S are presented in Attachment A.
5.1.5 Project schedule
Implementation of this project by the Port under EPA oversight and direction is expected following
issuance of the Action Memorandum. The current project schedule is as follows:
30 percent design: January 2027 to March 2027
60 percent design: July 2027 to September 2027
90 percent design: February 2028 to March 2028
100 percent design: March 2028 to July 2028, with construction anticipated to begin in Fall 2028.
5.2

Estimated cost

The total estimated cost for the NTCRA is approximately $99 million (Table 16), representing $46.1
million to implement the in-water portion of the NTCRA and $52.9 million to implement the NTCRA in
the upland portion of T-25S. The NTCRA is expected to be funded and implemented by the Port under
EPA oversight and direction. The cost estimate in the EE/CA was developed by the Port.
11

6 EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED OR NOT
TAKEN
Should the NTCRA be delayed or not taken, hazardous substances, or pollutants or contaminants will
remain as a soil and sediment with ongoing public health and environmental risks.

7 OUTSTANDING POLICY ISSUES
EPA has relied on the EW OU IROD and EE/CA process to satisfy the requirement of 40 C.F.R.
300.415(b)(4)(i) for the NTCRA, and no outstanding policy issues are associated with the NTCRA.

8 ENFORCEMENT
EPA anticipates entering into an Administrative Settlement Agreement and Order on Consent that
requires the Port to implement the NCTRA under EPA oversight and direction.

9 RECOMMENDATION
This decision document presents the selected removal action for T-25S within the EW OU of the Harbor
Island Superfund Site in Seattle, WA, and was developed in accordance with CERCLA and is consistent
with the NCP. This decision is based on the Administrative Record for the Site.
Conditions at T-25S meet the NCP criteria in 40 C.F.R. 300.415(b) for a removal and I recommend your
approval of the NTCRA. The total project cost, if approved, will be $99 million, and is expected to be
funded by the Port.

12

10 APPROVAL/DISAPPROVAL
APPROVAL:

______________________________

___________________

Daniel D. Opalski, Director
Superfund Emergency Management Division

Date

DISAPPROVAL:

____________________________________

___________________

Daniel D. Opalski, Director

Date

Superfund Emergency Management Division

13

14

References
Anchor QEA and Aspect (Anchor QEA and Aspect Consulting, LLC), 2012. Field Investigation Report,
Terminal 25S Site Investigation. Prepared for Port of Seattle. December 2012.
Anchor QEA and Windward (Anchor QEA and Windward Environmental LLC), 2019. Final Feasibility
Study. East Waterway Operable Unit Supplemental Remedial Investigation/Feasibility Study. Prepared
for the U.S. Environmental Protection Agency, Region 10, Seattle Washington. June 2019.
Anchor QEA, 2020. Terminal 25 Phase 2 Quality Assurance Project Plan Addendum. Prepared for the
Port of Seattle. July 2020.
Anchor QEA, 2021a. Data Report: Soil and Subsurface Sediment Characterization. Prepared for U.S.
Environmental Protection Agency. Prepared by Anchor QEA on behalf of Port of Seattle. June 2021.
Anchor QEA, 2025. Draft Engineering Evaluation and Cost Analysis, Terminal 25 South Site. Prepared by
Anchor QEA on behalf of Port of Seattle. December 2025.
BEI (Blymyer Engineers, Inc.), 1989. Environmental Site Assessment of 3225 East Marginal Way
(Terminal 25), Seattle, Washington. Prepared for Matson Terminals, Inc., San Francisco, California.
January 1989.
Ecology (Washington State Department of Ecology), 2012. Regarding: No Further Action Determination
associated with Leaking Underground Storage Take Site: Terminal 25 LUST ID: 1591. February 2012.
EPA (U.S. Environmental Protection Agency), 2022. Administrative Settlement Agreement and Order on
Consent for Removal Action Engineering Evaluation and Cost Analysis. Harbor Island Superfund Site.
King County, Washington. April 2023.
EPA, 2024. Interim Record of Decision. Harbour Island Superfund Site, East Waterway Operable Unit,
Seattle, Washington. May 2024.
Landau and EcoChem (Landau Associates, Inc., and EcoChem, Inc.), 1990. Soil and Ground Water
Investigation, Maintenance Building - Terminal 25. Prepared for Port of Seattle, Seattle, Washington.
October 1990.
Pinnacle Geosciences (Pinnacle Geosciences, Inc.), 2003. Phase I Environmental Site Assessment.
Terminal 25, South Section. Prepared for Port of Seattle. Seattle, Washington. September 2003.
Pinnacle Geosciences (Pinnacle Geosciences, Inc.), 2003. Phase I Environmental Site Assessment.
Terminal 25, South Section. Prepared for Port of Seattle. Seattle, Washington. September 2003.
Sweet-Edwards/EMCON, Inc., 1990. Underground Storage Tank Removal and Subsurface Investigation
Report. Prepared for Port of Seattle, Seattle, Washington. January 1990.
Windward and Anchor QEA, 2019. East Waterway Operable Unit Supplemental Remedial
Investigation/Feasibility Study. Final Feasibility Study. June 2019.
Weston, R.F., 1993. Remedial Investigation and Feasibility Study, Harbor Island. Prepared or the U.S.
Environmental Protection Agency, Region X, Seattle, Washington, February 1993.
Windward (Windward Environmental LLC), 2012a. Baseline Human Health Risk Assessment. Appendix
B, East Waterway Operable Unit Supplemental Remedial Investigation/Feasibility Study. Final.
September 2012.
15

Windward, 2012b. Baseline Ecological Risk Assessment. Appendix A, East Waterway Operable Unit
Supplemental Remedial Investigation/Feasibility Study. Final. August 2012.

16

Responsiveness Summary
Tables
Table 1:
East Waterway Remedial Action Levels
Table 2:
Soil Summary Statistics and RAL Exceedances
Table 3:
Vertical Profile of Soil Borings with EW RAL Screening
Table 4:
Vertical Profile of Soil Boring with EW RAL Screening - PCBs
Table 5:
Vertical Profile of Soil Borings with EW RAL Screening - Dioxins/Furans
Table 6:
Vertical Profile of Soil Borings with EW RAL Screening - Metals
Table 7:
Vertical Profile of Soil Borings with EW RAL Screening - PAHs
Table 8:
Vertical Profile of Soil Borings with EW RAL Screening - SVOCs
Table 9:
Vertical Profile of Soil Borings with EW RAL Screening - Tributyltin
Table 10: Summary of RAL Exceedances in Soil and Sediment
Table 11: Sediment Summary Statistics and RAL Exceedances
Table 12: Upland Area Excavation Depth Determination
Table 13: Upland Area Proposed Excavation Depths
Table 14: Sediment Area Dredge Depth Determination
Table 15: Summary of Selected Alternative
Table 16: Selected Alternative Estimated Cost Summary
Figures
Figure 1: Terminal 25 South Site Vicinity Map
Figure 2: Terminal 25 South Site
Figure 3: Historical Operations, Previous Remedial Actions, and Potential Source Areas
Figure 4: Sample Locations
Figure 5: Sample Locations - Focused Investigation Area
Figure 6: Upland Soil East Waterway RAL Screening
Figure 7: East Waterway Sediments RAL Screening
Figure 8: Thiessen Interpolation of Deepest Exceedances of East Waterway RALs
Figure 9: Thiessen Interpolation of Maximum Exceedances of East Waterway RALs
Figure 10: Alternative 3 Removal - Plan View
Figure 11: Alternative 3 Placement - Plan View
Figure 12: Alternative 3 - Conceptual Cross Section
Attachments
Attachment A - Applicable or Relevant and Appropriate Requirements for the T-25S Site

Responsiveness Summary

1

2

1 Introduction
This Responsiveness Summary provides a summary of the significant comments submitted by the public
on the on the Engineering Evaluation/Cost Analysis for the Terminal 25 South Site, and EPA's responses
to those comments. This Responsiveness Summary is required by the Comprehensive Environmental
Response, Compensation, and Livability Act (CERCLA) and the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) at 40 C.F.R. § 300.415(n)(4)(iv). All comments summarized in this
document have been considered in EPA's selection of the interim remedy to address the contamination
in the EW OU.
EPA worked closely with federally recognized Tribes, community members, and other stakeholders
throughout the development of the Remedial Investigation (RI), Feasibility Study (FS), and Proposed Plan
for the EW OU. Community participation played an essential role in the development of the Proposed
Plan and interim Record of Decision (IROD) for the EW OU. As the alternatives in the EE/CA all
implement the remedy selected in the IROD, the primary focus of the public comment period was on the
proposed alternatives for the upland portion of the T-25S Site.
EPA published a notice of availability of the Proposed Plan and Administrative Record in the Seattle
Times on April 20, 2023, at which time the Proposed Plan was posted on a publicly accessible link on
EPA's website. Public notices of the availability of the Proposed Plan and Administrative Record were
also placed in El Siete Dias (translated into Spanish), the Georgetown Gazette, the South Seattle
Emerald, the West Seattle Blog, and the Vietnamese Today Weekly News (translated into Vietnamese).
A radio ad in Spanish was run on both Amigos de Seattle and El Rey 1360.
An initial thirty-day public comment period was provided from January 26 through February 25, 2026,
during which public comments were accepted on the alternatives presented in the EE/CA, including
EPA's preferred alternative. Upon request, EPA granted a 15-day extension of the comment period
through March 12, 2026. All written comments received during the comment period have been included
in the Administrative Record.

1.1

Activities Before Issuing the EE/CA

1.1.1 Tribal Consultation
The East Waterway is within the usual and accustomed fishing areas for the Muckleshoot Indian Tribe,
the Suquamish Tribe, and the Yakama Nation. Prior to the release of the EE/CA, EPA offered formal
government to government consultation to all three Tribes from September 12, 2022 - October 11,
2025. Letters were sent to each Tribe. No request for formal government to government consultation
was made from any of the three tribes; however, technical staff from the Muckleshoot Indian Tribe and
the Suquamish Tribe requested a briefing on the alternatives proposed and opportunities to ask
questions. The meeting took place on October 8, 2025.

1.1.2 Community Involvement
Prior to the release of the East Waterway Proposed Plan, EPA initiated an update to the Harbor Island
Community Involvement Plan (CIP). The CIP provides an overview of the outreach tools and techniques
that EPA will use throughout the cleanup of the Site, including the EW OU, and also serves as a guide for
meaningfully involving community members in the cleanup. In 2022, EPA conducted over 90 interviews
1

with community members to guide an update of the CIP and issued a draft updated CIP for public
feedback in January 2023. The updated CIP is planned to be released in late Spring or Summer 2024.

1.1.3 Activities after issuing the EE/CA
Notices of the availability of the Proposed Plan were published in the Seattle Times (print edition), El
Siete Dias (online and print edition, translated into Spanish), the Georgetown Gazette(online and print
edition), the South Seattle Emerald (online), the West Seattle Blog (online), and the Vietnamese Today
Weekly News (online and print edition, translated into Vietnamese).

2 Public Comments and Responses
This section provides summaries of significant comments received during the public comment period
and EPA's responses. A total of seven individual comment submissions were received by email Names of
individuals who submitted comments were recorded and tracked but are not available to the public due
to EPA's Privacy Policy and commitment to protect personally identifiable information. In addition to
individuals, comments were also received from the Duwamish River Community Coalition DRCC), the
National Oceanic and Atmospheric Administration on behalf of the Elliott Bay Trustee Council, and the
Suquamish Indian Tribe.

2.1

Support for the Preferred Alternative

The majority of comments received explicitly expressed support for Alternative 3 because it removes all
contamination at concentrations greater than the EW RALs. Other comments more generally supported
the idea of cleaning up contamination at the T-25 Site. No comments were received recommending EPA
select a different alternative.

2.2

Concerns Related to the Habitat Restoration Project

Both the Suquamish Indian Tribe and DRCC provided comments on issues related to the habitat
restoration project. The habitat restoration portion of the overall T-25S project will occur following the
removal action described in this Action Memorandum, and is outside the authority of the CERCLA action
for this site. For this reason, EPA is not providing responses to comments regarding the restoration
phase of the project. Comments regarding the habitat restoration have been provided to the Port for its
consideration.

2.3

Concerns Related to Public Access

DRCC noted that it disagreed with the EE/CA recommendation that recreational access be excluded from
the cleanup plan. The EE/CA does not make any recommendations regarding recreational access, as it is
the habitat restoration activities, and EPA does not have a role in overseeing the restoration work
except to the extent of ensuring it does not interfere with the cleanup. These concerns have been
provided to the Port for its consideration.

2.4

Concerns Related to Recontamination Potential

DRCC and the Suquamish Tribe expressed concerns related to potential recontamination of the
sediment and surface water in the proposed habitat area from the EW itself or groundwater beneath
the site. Consistent with the EW IROD, the cleanup requirement for the CERCLA action is to remediate
2

contamination where concentrations are greater than the RALs. While EPA has no role in the design of
the habitat, we are aware that the proposed design will incorporate measures to limit transport of
sediment from the EW into the habitat area.

3

Tables

Table 1: East Waterway Remedial Action Levels
Analyte

Arsenic

Units

mg/kg

EW RAL1,2

Mercury

mg/kg

0.41

Tributyltin (ion)

mg/kg-OC

7.5

Acenaphthene

mg/kg-OC

16

Fluoranthene

mg/kg-OC

160

Fluorene

mg/kg-OC

23

Phenanthrene

mg/kg-OC

100

Acenaphthene

µg/kg

500

Fluoranthene

µg/kg

1700

Fluorene

µg/kg

540

Phenanthrene

µg/kg

1500

PCBs

mg/kg-OC

12

PCBs

µg/kg

130

1,4-Dichlorobenzene

mg/kg-OC

3.1

Butylbenzyl phthalate

mg/kg-OC

4.9

1,4-Dichlorobenzene

µg/kg

110

Butylbenzyl phthalate

µg/kg

63

Total dioxins/furans (as TCDD-eq)

ng/kg

25

57

Notes:

1. RALs are from EW OU Final Feasibility Study (Anchor QEA and Windward 2019).

2. Consistent with the EW FS, the LAET is used as the dry weight equivalent to SQS for compounds with OC-normalized criteria for samples
outside of the appropriate TOC range. The TOC range for OC-normalization used for the T-25S Site is 0.5 to 3.5%.
--: not applicable

OU: Operable Unit

EW: East Waterway

RAL: remedial action level

µg/kg: micrograms per kilogram
FS: Feasibility Study

mg/kg: milligrams per kilogram

mg/kg-OC: milligrams per kilogram-organic carbon
ng/kg: nanograms per kilogram

PCB: polychlorinated biphenyl
LAET: lowest apparent effects threshold
TOC: total organic carbon

TEQ: toxic equivalents quotient

U: compound analyzed, but not detected above detection limit

OC: organic carbon
Reference:

Anchor QEA and Windward (Anchor QEA and Windward Environmental LLC), 2019. Final Feasibility Study. East Waterway Operable Unit
Supplemental Remedial Investigation/Feasibility Study. Prepared for the U.S. Environmental Protection Agency, Region 10, Seattle
Washington. June 2019.

Table 2: Soil Summary Statistics and RAL Exceedances
Number of
Locations1

Number of
Samples

Number of
Detections

Number of
Samples In or Out
of TOC Range2

Maximum
Detected
Result

Maximum
Exceedance
Ratio3

Minimum
Detected
Result

Units

East Waterway RAL

32
29

49
38

49
33

---

17.7
2.5

0.3
6

1.3
0.0093

mg/kg
mg/kg

57
0.41

0
1

0
0

8

10

0

--

--

--

--

mg/kg-OC

7.5

0

1

46

101

18

40

75

12

In range: 20
Out of range: 81
In range: 19
Out of range: 56

0.65
240
4.65
58.5

0.2
2
1
0.9

0.09
0.7
0.21
0.9

mg/kg-OC
µg/kg
mg/kg-OC
µg/kg

3.1
110
4.9
63

0
1
0
0

0
2
0
1

40

80

49

Fluoranthene

40

80

58

Fluorene

40

80

42

Phenanthrene

40

80

55

33
426
173
3,280
29
480
135
3,810

2
0.9
1
2
1
0.9
1
3

0.11
6
0.33
8.6
0.091
8.7
1.1
11.8

mg/kg-OC
µg/kg
mg/kg-OC
µg/kg
mg/kg-OC
µg/kg
mg/kg-OC
µg/kg

16
500
160
1,700
23
540
100
1,500

1
0
1
4
1
0
5
4

0
0
0
0
0
0
0
0

25

40

35

1,000

40

0.12

ng/kg

25

6

0

56

181

157

In range: 42
Out of range: 139

2000
20,000

0.67
3

mg/kg-OC
µg/kg

12
130

28
87

0
0

27

57

34

In range: 20

60

0.67

mg/kg-OC

12

7

0

Metals
Arsenic
Mercury
Organometals
Tributyltin (ion)
Semivolatile Organics
1,4-Dichlorobenzene4

Analyte

Butylbenzyl phthalate
Polycyclic Aromatic Hydrocarbons
Acenaphthene

Dioxin Furans
Total Dioxin/Furan TEQ 2005 (Mammal) (U = 1/2 max limit)
PCB Aroclors - All Data
Total PCB Aroclors (U = 0 max limit)
PCB Aroclors - Excluding Focused Investigation Area
Total PCB Aroclors (U = 0 max limit)

In range: 21
Out of range: 59
In range: 21
Out of range: 59
In range: 21
Out of range: 59
In range: 21
Out of range: 59

Out of range: 37

28,600
2,500,000
721

14,100

100

3

µg/kg

Notes:
1. Locations may have multiple sample intervals; therefore, there may be multiple SL exceedances at the same location.
2. Samples with OC between 0.5 to 3.5 percent are screened against the OC-normalized RAL, while samples outside this range are screened against the dry-weight RAL. Non-detects are also screened against the dry-weight RAL. .
3. Maximum exceedance ratios are rounded to show one significant figure.

4. 1,4-dicholorobenzene is reported under two methods, most frequently under the semivolatile organic method (SW8270). Results from the volatile organic method (SW8260) are also presented in this row.
5. U = 1/2: totals are calculated as the sum of all detected results and half of the reporting limit of nondetect results. If all results are not detected, the highest limit value is reported as the sum.
6. U = 0: totals are calculated as the sum of all detected results. If all results are not detected, the highest limit value is reported as the sum.
7. --: not applicable

µg/kg: micrograms per kilogram
µg/kg: micrograms per kilogram
mg/kg: milligrams per kilogram

mg/kg-OC: milligrams per kilogram-organic carbon
ng/kg: nanograms per kilogram
PCB: polychlorinated biphenyl
RAL: remedial action level

TEQ: toxic equivalents quotient
TOC: total organic carbon

130

Number of Detections >
East Waterway RAL2

10

Number of Non-Detects >
East Waterway RAL2

0

Table 3: Vertical Profile of Soil Borings with EW RAL Screening
Location ID

T25-GW-01

T25-GW-02

T25-GW-03

T25-GW-04

T25-GW-05

T25-GW-06

T25-SB-03B

T25-SB-03D

T25-SB-03E

T25-SB-03F

T25-SB-03G

T25-SB01

T25-SB02

T25-SB03

--

--

--

--

--

--

Yes

Yes

Yes

Yes

Yes

--

--

Yes

Expected Habitat Type

Riparian

Marsh

Riparian

Riparian

Riparian

Riparian

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

12.5

13.6

16.3

16.8

17.1

16.6

15.4

15.5

15.9

15.9

16.0

15.7

12.0

15.6

Habitat Restoration Design Elevation
(ft MLLW)

13.5

10.9

12.8

16.2

15.6

12.5

9.7

9.5

9.8

10.0

9.2

10.7

7.5

9.6

N/A

2.6

3.6

0.7

1.5

4.1

5.7

6.0

6.1

5.9

6.8

5.0

4.5

6.0

1.0

4.6

5.6

2.7

3.5

6.1

7.7

8.0

8.1

7.9

8.8

7.0

6.5

8.0

Location within Focused Investigation
Area

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Table 3 (con't): Vertical Profile of Soil Borings with EW RAL Screening
Location ID

Location within Focused Investigation
Area

T25-SB04B

T25-SB05

T25-SB06

T25-SB07

T25-SB08

T25-SB09

T25-SB10

T25-SB11

T25-SB12

T25-SB13

T25-SB17

T25-SB18

T25-SB19

T25-SB20

--

--

--

Yes

--

--

--

--

--

--

--

--

--

--

Marsh

Marsh/High

Marsh

Marsh

Riparian

Stormwater

Stormwater

Marsh

Marsh

Stormwater

Marsh

Riparian/

Riparian

Current Elevation (ft MLLW)

16.6

10.6

10.5

14.9

16.3

15.6

16.4

17.0

16.8

13.9

12.0

12.4

17.1

13.0

Habitat Restoration Design Elevation
(ft MLLW)

11.0

11.0

10.6

10.2

11.2

6.7

11.6

16.6

16.8

13.9

11.4

11.6

17.0

9.6

5.6

N/A

N/A

4.7

5.1

8.9

4.8

0.4

0.0

0.0

0.7

0.8

0.1

3.4

7.6

1.7

2.0

6.7

7.1

10.9

6.8

2.4

2.0

2.0

2.7

2.8

2.1

5.4

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

High Intertidal High Intertidal

Riparian/

Expected Habitat Type

Intertidal

Bioswale

Bioswale

swale

Table 3 (con't): Vertical Profile of Soil Borings with EW RAL Screening
Location ID

T25-SB21

T25-SB22

T25-SB22B

T25-SB23

T25-SB24

T25-SB25

T25-SB26

T25-SB27

T25-SB28

T25-SB29

T25-SB29C

T25-SB30

T25-SB31

T25-SB32

--

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

11.8

15.4

15.4

14.6

15.5

15.9

15.8

16.1

16.3

16.3

16.2

16.2

15.4

15.2

Habitat Restoration Design Elevation
(ft MLLW)

9.7

10.4

10.4

10.0

9.9

9.8

10.3

10.1

9.9

9.4

9.6

9.4

9.9

10.1

2.1

5.0

5.0

4.6

5.5

6.1

5.6

6.0

6.4

6.9

6.6

6.8

5.5

5.2

4.1

7.0

7.0

6.6

7.5

8.1

7.6

8.0

8.4

8.9

8.6

8.8

7.5

7.2

Location within Focused Investigation
Area

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Table 3 (con't): Vertical Profile of Soil Borings with EW RAL Screening
Location ID

T25-SB33

T25-SB34

T25-SB35

T25-SB36

T25-SB37

T25-SB38

T25-SB39

T25-SB40

T25-SB42A

T25-SB43

T25-SB44

T25-SB46

T25-SB47

T25-SB48

Yes

Yes

Yes

--

--

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

15.7

16.5

16.5

16.2

16.2

15.8

16.2

16.3

15.6

16.1

16.0

14.6

15.5

15.5

10.3

9.3

9.1

10.8

8.6

10.2

10.1

9.6

9.7

9.4

9.7

10.5

10.4

10.5

5.3

7.2

7.4

5.3

7.6

5.6

6.2

6.7

5.9

6.7

6.3

4.1

5.1

5.0

7.3

9.2

9.4

7.3

9.6

7.6

8.2

8.7

7.9

8.7

8.3

6.1

7.1

7.0

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)
Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft
10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Table 3 (con't): Vertical Profile of Soil Borings with EW RAL Screening
Location ID

T25-SB49

T25-SB50

T25-SB51

T25-SB52

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

15.8

14.5

14.8

15.0

Habitat Restoration Design Elevation (ft
MLLW)

10.4

10.9

9.6

10.2

Removal Depth Required to Get to
Habitat (ft)

5.4

3.5

5.2

4.8

7.4

5.5

7.2

6.8

Location within Focused Investigation
Area

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
Notes

19-20 ft
No Data Available
Less than RAL
RAL Exceedance

Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header.
EW: East Waterway

MLLW: mean lower low water

RAL: remedial action level

ft: feet

Table 4: Vertical Profile of Soil Boring with EW RAL Screening - PCBs
Location ID

T25-GW-01

T25-GW-02

T25-GW-03

T25-GW-04

T25-GW-05

T25-GW-06

T25-SB-03B

T25-SB-03D

T25-SB-03E

T25-SB-03F

T25-SB-03G

T25-SB01

T25-SB02

T25-SB03

--

--

--

--

--

--

Yes

Yes

Yes

Yes

Yes

--

--

Yes

Expected Habitat Type

Riparian

Marsh

Riparian

Riparian

Riparian

Riparian

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

12.5

13.6

16.3

16.8

17.1

16.6

15.4

15.5

15.9

15.9

16.0

15.7

12.0

15.6

N/A

2.6

3.6

0.7

1.5

4.1

5.7

6.0

6.1

5.9

6.8

5.0

4.5

6.0

1.0

4.6

5.6

2.7

3.5

6.1

7.7

8.0

8.1

7.9

8.8

7.0

6.5

8.0

Location within Focused Investigation
Area

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
3-4 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Table 4 (con't): Vertical Profile of Soil Boring with EW RAL Screening - PCBs
Location ID

Location within Focused Investigation
Area

T25-SB04B

T25-SB05

T25-SB06

T25-SB07

T25-SB08

T25-SB09

T25-SB10

T25-SB11

T25-SB12

T25-SB13

T25-SB17

T25-SB18

T25-SB19

T25-SB20

--

--

--

Yes

--

--

--

--

--

--

--

--

--

--

Marsh

Marsh/High

Marsh

Marsh

Riparian

Stormwater

Stormwater

Marsh

Marsh

Stormwater

Marsh

Riparian/

Riparian

Current Elevation (ft MLLW)

16.6

10.6

10.5

14.9

16.3

15.6

16.4

17.0

16.8

13.9

12.0

12.4

17.1

13.0

5.6

N/A

N/A

4.7

5.1

8.9

4.8

0.4

0.0

0.0

0.7

0.8

0.1

3.4

7.6

1.7

2.0

6.7

7.1

10.9

6.8

2.4

2.0

2.0

2.7

2.8

2.1

5.4

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
3-4 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

High Intertidal High Intertidal

Riparian/

Expected Habitat Type

Intertidal

Bioswale

Bioswale

swale

Table 4 (con't): Vertical Profile of Soil Boring with EW RAL Screening - PCBs
Location ID

T25-SB21

T25-SB22B

T25-SB24

T25-SB25

T25-SB26

T25-SB27

T25-SB28

T25-SB29C

T25-SB30

T25-SB31

T25-SB32

T25-SB33

T25-SB34

T25-SB35

--

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

11.8

15.4

15.5

15.9

15.8

16.1

16.3

16.2

16.2

15.4

15.2

15.7

16.5

16.5

2.1

5.0

5.5

6.1

5.6

6.0

6.4

6.6

6.8

5.5

5.2

5.3

7.2

7.4

4.1

7.0

7.5

8.1

7.6

8.0

8.4

8.6

8.8

7.5

7.2

7.3

9.2

9.4

Location within Focused Investigation
Area

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
3-4 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Table 4 (con't): Vertical Profile of Soil Boring with EW RAL Screening - PCBs
Location ID

T25-SB36

T25-SB37

T25-SB38

T25-SB39

T25-SB40

T25-SB42A

T25-SB44

T25-SB46

T25-SB47

T25-SB48

T25-SB49

T25-SB50

T25-SB51

T25-SB52

--

--

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

16.2

16.2

15.8

16.2

16.3

15.6

16.0

14.6

15.5

15.5

15.8

14.5

14.8

15.0

5.3

7.6

5.6

6.2

6.7

5.9

6.3

4.1

5.1

5.0

5.4

3.5

5.2

4.8

7.3

9.6

7.6

8.2

8.7

7.9

8.3

6.1

7.1

7.0

7.4

5.5

7.2

6.8

Location within Focused Investigation
Area

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
3-4 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft
10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft
No data available
Less than RAL
RAL Exceedance
Notes

Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header
EW: East Waterway
ft: feet
MLLW: mean lower low water
PCB: polychlorinated biphenyl
RAL: remedial action level

Table 5: Vertical Profile of Soil Borings with EW RAL Screening - Dioxins/Furans
Location ID

T25-GW-01

T25-GW-02

T25-GW-03

T25-GW-04

T25-GW-05

T25-GW-06

T25-SB01

T25-SB02

T25-SB03

T25-SB04B

T25-SB05

T25-SB06

T25-SB07

T25-SB08

--

--

--

--

--

--

--

--

Yes

--

--

--

Yes

--

Expected Habitat Type

Riparian

Marsh

Riparian

Riparian

Riparian

Riparian

Marsh

Marsh

Marsh

Riparian

Marsh

Marsh/ High

Current Elevation (ft MLLW)

12.5

13.6

16.3

16.8

17.1

16.6

15.7

12.0

15.6

16.6

10.6

10.5

14.9

16.3

13.5

10.9

12.8

16.2

15.6

12.5

10.7

7.5

9.6

11.0

11.0

10.6

10.2

11.2

N/A

2.6

3.6

0.7

1.5

4.1

5.0

4.5

6.0

5.6

N/A

N/A

4.7

5.1

1.0

4.6

5.6

2.7

3.5

6.1

7.0

6.5

8.0

7.6

1.7

2.0

6.7

7.1

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)
Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft

High Intertidal High Intertidal

Intertidal

Table 5 (con't): Vertical Profile of Soil Borings with EW RAL Screening - Dioxins/Furans
Location ID

T25-SB09

T25-SB10

T25-SB11

T25-SB12

T25-SB13

T25-SB17

T25-SB18

T25-SB20

T25-SB21

T25-SB37

T25-SB42A

--

--

--

--

--

--

--

--

--

--

Yes

Expected Habitat Type

Marsh

Marsh

Riparian

Stormwater

Stormwater

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

15.6

16.4

17.0

16.8

13.9

12.0

12.4

13.0

11.8

16.2

15.6

6.7

11.6

16.6

16.8

13.9

11.4

11.6

9.6

9.7

8.6

9.7

8.9

4.8

0.4

0.0

0.0

0.7

0.8

3.4

2.1

7.6

5.9

10.9

6.8

2.4

2.0

2.0

2.7

2.8

5.4

4.1

9.6

7.9

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)
Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)

Riparian/
Bioswale

Riparian/
Bioswale

0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
Notes

17-18 ft
No Data Available
Less than RAL
RAL Exceedance

Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header
EW: East Waterway
ft: feet

MLLW: mean lower low water
RAL: remedial action level

Table 6: Vertical Profile of Soil Borings with EW RAL Screening - Metals
Location ID

T25-GW-01

T25-GW-02

T25-GW-03

T25-GW-041

T25-GW-05

T25-GW-06

T25-SB01

T25-SB02

T25-SB03

T25-SB04B

T25-SB05

T25-SB06

T25-SB07

T25-SB08

--

--

--

--

--

--

--

--

Yes

--

--

--

Yes

--

Expected Habitat Type

Riparian

Marsh

Riparian

Riparian

Riparian

Riparian

Marsh

Marsh

Marsh

Riparian

Marsh

Marsh/High

Current Elevation (ft MLLW)

12.5

13.6

16.3

16.8

17.1

16.6

15.7

12.0

15.6

16.6

10.6

10.5

14.9

16.3

13.5

10.9

12.8

16.2

15.6

12.5

10.7

7.5

9.6

11.0

11.0

10.6

10.2

11.2

N/A

2.6

3.6

0.7

1.5

4.1

5.0

4.5

6.0

5.6

N/A

N/A

4.7

5.1

1.0

4.6

5.6

2.7

3.5

6.1

7.0

6.5

8.0

7.6

1.7

2.0

6.7

7.1

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft
10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft

High Intertidal High Intertidal

Intertidal

Table 6 (con't): Vertical Profile of Soil Borings with EW RAL Screening - Metals
Location ID

T25-SB09

T25-SB10

T25-SB11

T25-SB12

T25-SB13

T25-SB17

T25-SB18

T25-SB19

T25-SB20

T25-SB21

T25-SB34

T25-SB36

T25-SB37

T25-SB42A

--

--

--

--

--

--

--

--

--

--

Yes

--

--

Yes

Expected Habitat Type

Marsh

Marsh

Riparian

Stormwater

Stormwater

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

15.6

16.4

17.0

16.8

13.9

12.0

12.4

17.1

13.0

11.8

16.5

16.2

16.2

15.6

6.7

11.6

16.6

16.8

13.9

11.4

11.6

17.0

9.6

9.7

9.3

10.8

8.6

9.7

8.9

4.8

0.4

0.0

0.0

0.7

0.8

0.1

3.4

2.1

7.2

5.3

7.6

5.9

10.9

6.8

2.4

2.0

2.0

2.7

2.8

2.1

5.4

4.1

9.2

7.3

9.6

7.9

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)
Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft

Riparian/
Bioswale

Riparian/
Bioswale

Stormwater
swale

Table 6 (con't): Vertical Profile of Soil Borings with EW RAL Screening - Metals
Location ID

T25-SB46

T25-SB48

T25-SB49

T25-SB50

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

14.6

15.5

15.8

14.5

(ft MLLW)

10.5

10.5

10.4

10.9

Removal Depth Required to Get to
Habitat (ft)

4.1

5.0

5.4

3.5

6.1

7.0

7.4

5.5

Location within Focused Investigation
Area

Habitat Restoration Design Elevation

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
Notes:

17-18 ft

Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header
Metals with RALs include arsenic and mercury

The mercury concentrations in GW-04 were greater than the EW RAL for the 6 to 8 ft interval. The 10 to 12 ft interval was also analyzed for mercury, and the results
were non-detect. However the mercury testing in the 10 to 12 ft interval was performed outside of the 28 day hold time (testing occurred after two times the hold time
had lapsed), and the results were rejected during validation.
MLLW: mean lower low water
EW: East Waterway
ft: feet

RAL: remedial action level

Table 7: Vertical Profile of Soil Borings with EW RAL Screening - PAHs
Location ID

T25-GW-01

T25-GW-02

T25-GW-03

T25-GW-04

T25-GW-05

T25-GW-06

T25-SB01

T25-SB02

T25-SB03

T25-SB04B

T25-SB05

T25-SB06

T25-SB07

T25-SB08

--

--

--

--

--

--

--

--

Yes

--

--

--

Yes

--

Expected Habitat Type

Riparian

Marsh

Riparian

Riparian

Riparian

Riparian

Marsh

Marsh

Marsh

Riparian

Marsh

Marsh/High

Current Elevation (ft MLLW)

12.5

13.6

16.3

16.8

17.1

16.6

15.7

12.0

15.6

16.6

10.6

10.5

14.9

16.3

13.5

10.9

12.8

16.2

15.6

12.5

10.7

7.5

9.6

11.0

11.0

10.6

10.2

11.2

N/A

2.6

3.6

0.7

1.5

4.1

5.0

4.5

6.0

5.6

N/A

N/A

4.7

5.1

1.0

4.6

5.6

2.7

3.5

6.1

7.0

6.5

8.0

7.6

1.7

2.0

6.7

7.1

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

High Intertidal High Intertidal

Intertidal

Table 7 (con't): Vertical Profile of Soil Borings with EW RAL Screening - PAHs
Location ID

T25-SB09

T25-SB10

T25-SB11

T25-SB12

T25-SB13

T25-SB17

T25-SB18

T25-SB19

T25-SB20

T25-SB21

T25-SB22B

T25-SB23

T25-SB29C

T25-SB34

--

--

--

--

--

--

--

--

--

--

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Riparian

Stormwater

Stormwater

Marsh

Marsh

Stormwater

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

15.6

16.4

17.0

16.8

13.9

12.0

12.4

17.1

13.0

11.8

15.4

14.6

16.2

16.5

6.7

11.6

16.6

16.8

13.9

11.4

11.6

17.0

9.6

9.7

10.4

10.0

9.6

9.3

8.9

4.8

0.4

0.0

0.0

0.7

0.8

0.1

3.4

2.1

5.0

4.6

6.6

7.2

10.9

6.8

2.4

2.0

2.0

2.7

2.8

2.1

5.4

4.1

7.0

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Riparian/
Bioswale

Riparian/
Bioswale

swale

6.6

8.6

9.2

Table 7 (con't): Vertical Profile of Soil Borings with EW RAL Screening - PAHs
Location ID

T25-SB35

T25-SB36

T25-SB37

T25-SB38

T25-SB39

T25-SB42A

T25-SB46

T25-SB47

T25-SB48

T25-SB49

T25-SB50

T25-SB51

Yes

--

--

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

16.5

16.2

16.2

15.8

16.2

15.6

14.6

15.5

15.5

15.8

14.5

14.8

9.1

10.8

8.6

10.2

10.1

9.7

10.5

10.4

10.5

10.4

10.9

9.6

7.4

5.3

7.6

5.6

6.2

5.9

4.1

5.1

5.0

5.4

3.5

5.2

9.4

7.3

9.6

7.6

8.2

7.9

6.1

7.1

7.0

7.4

5.5

7.2

Location within Focused Investigation
Area

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft
10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft
Notes
No Data Available
Less than RAL
Greater than RAL

Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header.

EW: East Waterway

ft:-feet

PAH: polycyclic aromatic hydrocarbons

MLLW: mean lower low water

RAL: remedial action level

Table 8: Vertical Profile of Soil Borings with EW RAL Screening - SVOCs
Location ID

T25-GW-01

T25-GW-02

T25-GW-03

T25-GW-04

T25-GW-05

T25-GW-06

T25-SB01

T25-SB02

T25-SB03

T25-SB04B

T25-SB05

T25-SB06

T25-SB07

T25-SB08

Location within Focused Investigation
Area

--

--

--

--

--

--

--

--

Yes

--

--

--

Yes

--

Expected Habitat Type

Riparian

Marsh

Riparian

Riparian

Riparian

Riparian

Marsh

Marsh

Marsh

Riparian

Marsh

Marsh/High

Current Elevation (ft MLLW)

12.5

13.6

16.3

16.8

17.1

16.6

15.7

12.0

15.6

16.6

10.6

10.5

14.9

16.3

Habitat Restoration Design Elevation
(ft MLLW)

13.5

10.9

12.8

16.2

15.6

12.5

10.7

7.5

9.6

11.0

11.0

10.6

10.2

11.2

Removal Depth Required to Get to
Habitat (ft)

N/A

2.6

3.6

0.7

1.5

4.1

5.0

4.5

6.0

5.6

N/A

N/A

4.7

5.1

1.0

4.6

5.6

2.7

3.5

6.1

7.0

6.5

8.0

7.6

1.7

2.0

6.7

7.1

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft

9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

High Intertidal High Intertidal

Intertidal

Table 8 (con't): Vertical Profile of Soil Borings with EW RAL Screening - SVOCs
Location ID

T25-SB09

T25-SB10

T25-SB11

T25-SB12

T25-SB13

T25-SB17

T25-SB18

T25-SB19

T25-SB20

T25-SB21

T25-SB22B

T25-SB23

T25-SB29C

T25-SB34

Location within Focused Investigation
Area

--

--

--

--

--

--

--

--

--

--

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Riparian

Stormwater

Stormwater

Marsh

Marsh

Stormwater

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

15.6

16.4

17.0

16.8

13.9

12.0

12.4

17.1

13.0

11.8

15.4

14.6

16.2

16.5

Habitat Restoration Design Elevation
(ft MLLW)

6.7

11.6

16.6

16.8

13.9

11.4

11.6

17.0

9.6

9.7

10.4

10.0

9.6

9.3

8.9

4.8

0.4

0.0

0.0

0.7

0.8

0.1

3.4

2.1

5.0

4.6

6.6

7.2

10.9

6.8

2.4

2.0

2.0

2.7

2.8

2.1

5.4

4.1

7.0

6.6

8.6

9.2

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft

Riparian/
Bioswale

Riparian/
Bioswale

swale

Table 8 (con't): Vertical Profile of Soil Borings with EW RAL Screening - SVOCs
Location ID

T25-SB35

T25-SB36

T25-SB37

T25-SB38

T25-SB39

T25-SB42A

T25-SB46

T25-SB47

T25-SB48

T25-SB49

T25-SB50

T25-SB51

Location within Focused Investigation
Area

Yes

--

--

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Expected Habitat Type

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

16.5

16.2

16.2

15.8

16.2

15.6

14.6

15.5

15.5

15.8

14.5

14.8

Habitat Restoration Design Elevation
(ft MLLW)

9.1

10.8

8.6

10.2

10.1

9.7

10.5

10.4

10.5

10.4

10.9

9.6

Removal Depth Required to Get to
Habitat (ft)

7.4

5.3

7.6

5.6

6.2

5.9

4.1

5.1

5.0

5.4

3.5

5.2

9.4

7.3

9.6

7.6

8.2

7.9

6.1

7.1

7.0

7.4

5.5

7.2

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)
0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft
10-11 ft
11-12 ft
12-13 ft
13-14 ft
14-15 ft
15-16 ft
16-17 ft
17-18 ft
18-19 ft
19-20 ft
Notes

No Data Available
Less than RAL
Greater than RAL

SVOCs with RALs include 1,4-dichlorobenzene and butylbenzyl phthalate
EW: East Waterway

MLLW: mean lower low water

ft: feet

RAL: remedial action level

1,4-dicholorobenzene is reported by both SW8260 and SW8270. Results from both methods are presented.

SVOCs: semivolatile organic compounds

Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header.

Table 9: Vertical Profile of Soil Borings with EW RAL Screening - Tributyltin
Location ID

T25-GW-02

T25-GW-03

T25-GW-05

T25-SB17

T25-SB19

T25-SB21

T25-SB24

T25-SB37

Area

--

--

--

--

--

--

Yes

--

Expected Habitat Type

Marsh

Riparian

Riparian

Marsh

Marsh

Marsh

Marsh

Current Elevation (ft MLLW)

13.6

16.3

17.1

12.0

17.1

11.8

15.5

16.2

10.9

12.8

15.6

11.4

17.0

9.7

9.9

8.6

2.6

3.6

1.5

0.7

0.1

2.1

5.5

7.6

4.6

5.6

3.5

2.7

2.1

4.1

7.5

9.6

Location within Focused Investigation

Habitat Restoration Design Elevation
(ft MLLW)

Removal Depth Required to Get to
Habitat (ft)

Removal Depth Required to Get to

Habitat Subgrade (2 ft below habitat
restoration design elevation)

Stormwater
swale

0-1 ft
1-2 ft
2-3 ft
3-4 ft
4-5 ft
5-6 ft
6-7 ft
7-8 ft
8-9 ft
9-10 ft

10-11 ft
11-12 ft
No Data
Less than RAL
Greater than RAL
Red line indicates approximate depth of habitat subgrade at each boring location, actual planned habitat subgrade values are provided in the header.
EW: East Waterway
ft,: feet
MLLW: mean lower low water

RAL: remedial action level

Table 10: Summary of RAL Exceedances in Soil and Sediment

EW RAL Exceedances
in Soil1

EW RAL Exceedances
in Sediment1

Arsenic

No

No

Mercury

No

Yes

Yes (non-detect only)

Yes

1,4-Dichlorobenzene

Yes

Yes

Butylbenzyl phthalate

Yes (non-detect only)

Yes

Acenaphthene

Yes

Yes

Fluoranthene

Yes

Yes

Fluorene

Yes

Yes

Phenanthrene

Yes

Yes

Yes

Yes

Yes

Yes

Metals

Analyte

Organometals
Tributyltin (ion)
Semivolatile Organics

Polycyclic Aromatic Hydrocarbons

Dioxins/Furans
Total Dioxin/Furan TEQ 2005 (Mammal) (U = 1/2 max
limit)

PCB Aroclors
Total PCB Aroclors (SMS Marine 2019) (U = 0 max limit)
Notes:
1. If only non-detect exceedances were identified for a given analyte, "non-detect only" is noted parenthetically.
EW: East Waterway
PCB: polychlorinated biphenyl
RAL: remedial action level
TEQ: toxic equivalents quotient

Table 11: Sediment Summary Statistics and RAL Exceedances
Number of
Locations1

Number of
Samples

Number of
Detections

Number of Samples
In or Out of TOC
Range2

Maximum
Detected
Result

Maximum
Exceedance
Ratio3

Minimum
Detected
Result

Units

Arsenic

46

106

105

--

32.4

0.6

1.11

Mercury

46

125

113

--

2.35

6

Tributyltin (ion)

9

12

7

--

8.5

1,4-Dichlorobenzene

46

118

44

In range: 59

Butylbenzyl phthalate

46

118

19

46

139

105

Metals

Analyte

Organometals
Semivolatile Organics

Polycyclic Aromatic Hydrocarbons
Acenaphthene
Fluoranthene

46

136

115

Fluorene

46

139

101

Phenanthrene

46

136

114

Total Dioxin/Furan TEQ (Mammal) (U = 1/2 max limit)

31

93

74

Total PCB Aroclors (U = 0 max limit)

46

126

102

Dioxins/Furans
PCB Aroclors

East Waterway RAL

Number of Detections
> East Waterway RAL2

Number of NonDetects > East
Waterway RAL2

mg/kg

57

0

0

0.00541

mg/kg

0.41

38

0

1

0.061

mg/kg-OC

7.5

1

2

8.79

3

0.1

mg/kg-OC

3.1

1

0

Out of range: 59

2,300

20

1.1

µg/kg

110

2

0

In range: 59

9.01

2

0.77

mg/kg-OC

4.9

1

0

Out of range: 59

76

1

47

µg/kg

63

1

5

In range: 67

462

30

0.697

mg/kg-OC

16

15

0

Out of range: 72

8,620

20

8.2

µg/kg

500

14

0

In range: 66

3,910

20

0.834

mg/kg-OC

160

7

0

Out of range: 70

33,900

20

8.3

µg/kg

1,700

28

0

In range: 67

500

20

0.86

mg/kg-OC

23

11

0

Out of range: 72

5,540

10

15.8

µg/kg

540

13

0

In range: 66

4,470

50

0.855

mg/kg-OC

100

7

0

Out of range: 70

10,600

7

9.7

µg/kg

1,500

15

0

--

890

40

0.22

ng/kg

25

31

0

In range: 64

300

30

0.059

mg/kg-OC

12

26

0

Out of range: 62

16,800

100

0.8

µg/kg

130

28

0

Notes:

1. Locations may have multiple sample intervals; therefore, there may be multiple SL exceedances at the same location.

2. For chemicals and chemical totals with a dry-weight and OC-normalized SL, samples with OC between 0.5 to 3.5 percent are screened against the OC-normalized SL, while samples outside this range are screened against the dry-weight SL. Non-detects are also screened against the dry-weight SL. The
dry-weight SL for these chemicals is equivalent to the RALs on a dry-weight basis (e.g., 130 µg/kg is equivalent to the 12 mg/kg-OC RAL).
3. Maximum exceedance ratios are rounded to show one significant figure.
--: not applicable

μg/kg: micrograms per kilogram
mg/kg: milligrams per kilogram

mg/kg-OC: milligrams per kilogram-organic carbon
ng/kg: nanograms per kilogram
OC: organic carbon

PCB: polychlorinated biphenyl
RAL: remedial action level
SL: screening level

TEQ: toxic equivalents quotient
TOC: total organic carbon

U = 1/2: totals are calculated as the sum of all detected results and half of the reporting limit of nondetect results. If all results are not detected, the highest limit value is reported as the sum.
U = 0: totals are calculated as the sum of all detected results. If all results are not detected, the highest limit value is reported as the sum.

Table 12: Upland Area Excavation Depth Determination

Removal Depth Required to

Elevation 2 ft Below Habitat

(ft bgs)

(Post-Excavation Depth; ft bgs)

10

5.7

7.7

--

11

6.1

8.1

Unbounded

--

11

5.9

7.9

9-10

Unbounded

--

10

6.8

8.8

Yes

14.2-16.2

Unbounded

--

16.2

6.0

8.0

T25-SB22/T25-SB22B

Yes

8-9

Bounded

9

5.0

7.0

T25-SB24

Yes

11-12

Unbounded

--

12

5.5

7.5

T25-SB25

Yes

11-12

Unbounded

--

12

6.1

8.1

T25-SB26

Yes

11-12

Unbounded

--

12

5.6

7.6

T25-SB27

Yes

11-12

Unbounded

--

12

6.0

8.0

T25-SB28

Yes

11-12

Unbounded

--

12

6.4

8.4

T25-SB29/T25-SB29C

Yes

12-13

Unbounded

--

13

6.8

8.8

T25-SB30

Yes

11-12

Unbounded

--

12

6.8

8.8

T25-SB31

Yes

10-11

Unbounded

--

11

5.5

7.5

T25-SB32

Yes

10-11

Bounded

--

11

5.2

7.2

T25-SB33

Yes

9-10

Unbounded

Visible NAPL blebs observed in rejected core at 12 ft bgs

11

5.3

7.3

T25-SB34

Yes

9-10

Unbounded

--

10

7.2

9.2

T25-SB35

Yes

9-10

Unbounded

--

10

7.4

9.4

T25-SB38

Yes

10-11

Unbounded

Positive NAPL Shake Test: 5-6 and 13-14 ft bgs

11

5.6

7.6

T25-SB39

Yes

9-10

Unbounded

--

10

6.2

8.2

T25-SB40

Yes

9-10

Unbounded

--

10

6.7

8.7

T25-SB43

No

--

--

--

--

6.7

8.7

T25-SB44

Yes

9-10

Unbounded

--

10

6.3

8.3

T25-SB47

Yes

8-9

Unbounded

9

5.1

7.1

T25-SB46

--

--

--

NAPL blebs observed in drill cuttings from 10-15 ft bgs

--

4.1

6.1

T25-SB48

Yes

--

--

NAPL blebs observed in drill cuttings from 10-15 ft bgs

13

5.0

7.0

T25-SB49

Yes

--

--

Positive NAPL Shake Test: 1-2, 2-3, 3-3.5, and 12-13 ft bgs

13

5.4

7.4

T25-SB50

Yes

7-8

--

Positive NAPL Shake Test: 9-10 ft bgs

8

3.5

5.5

T25-SB52

Yes

8-9

Unbounded

--

9

4.8

6.8

T25-SB51

Yes

8-9

Unbounded

Positive NAPL Shake Test: 10-11 ft bgs

9

5.2

7.2

T25-SB08/T25-SB36

Yes

12-14

Bounded

--

14

5.2

7.2

T25-SB37

Yes

12-14

Unbounded

--

14

7.6

9.6

T25-GW-04

Yes

6-8

Unbounded

--

8

0.7

2.7

EW RAL

Exceedance

Sample Interval
(ft bgs)

Bounded / Unbounded1

NAPL Observations2

T25-SB-03B

Yes

9-10

Unbounded

--

T25-SB-03E

Yes

10-11

Unbounded

T25-SB-03F

Yes

10-11

T25-SB-03G

Yes

T25-SB03/T25-SB42A

Location

(Yes/No)

SB22: Visible NAPL Coated Sample Liner 14-16 ft bgs

SB22B: Sheen and NAPL Blebs in rinse water 14-16 ft bgs

Visible NAPL-like substance and amber staining on sample liner,
Postive shake test at 20 ft bgs

Depth to Contamination
(ft bgs)

Habitat Subgrade Elevation

Subgrade Elevation

Table 12: Upland Area Excavation Depth Determination
EW RAL

Sample Interval (ft
bgs)
Bounded / Unbounded1

Removal Depth Required to
Depth to Contamination (ft Habitat Subgrade Elevation
bgs)
(ft bgs)

Elevation 2 ft Below Habitat
Subgrade Elevation

Location

Exceedance
(Yes/No)

T25-G (W-05/T25-SB11

Yes

9-11

Bounded

--

11

1.5

3.5

T25-SB12/T25-SB19

Yes

0-2

Bounded

--

2

0.1

2.1

T25-SB09

Yes

9.1-10

Unbounded

--

10

8.9

10.9

T25-SB-03D

Yes

9-10

Unbounded

--

10

6.0

8.0

T25-SB20

Yes

2-4

Bounded

--

4

3.4

5.4

T25-SB06

Yes

0-2

Unbounded

--

2

0.0

2.0

T25-SB02

Yes

3-5

Bounded

--

5

4.5

6.5

T25-GW-01

No

--

Bounded

--

0

0.0

1.0

T25-GW-02

No

--

Bounded

--

0

2.6

4.6

T25-GW-03

No

--

Bounded

--

0

3.6

5.6

T25-GW-06

No

--

Bounded

--

0

4.1

6.1

T25-SB01

No

--

Bounded

--

0

5.0

7.0

T25-SB04B

No

--

Bounded

--

0

5.6

7.6

T25-SB05

No

--

Bounded

--

0

0.0

1.7

T25-SB07

No

--

Bounded

--

0

4.7

6.7

T25-SB10

No

--

Bounded

--

0

4.8

6.8

T25-SB13

No

--

Bounded

--

0

0.0

2.0

T25-SB17

No

--

Bounded

--

0

0.7

2.7

T25-SB18

No

--

Bounded

--

0

0.8

2.8

T25-SB21

No

--

Bounded

--

0

2.1

4.1

T25-SB23

No

--

Bounded

--

0

4.6

6.6

NAPL Observations

2

Notes:
1. Bounded is defined by at least one sample interval having no EW RAL exceedances.
2. Soil-water shake tests (NAPL shake tests) where used when PID readings were greater than 50 ppm and no other visual observations of NAPL were present.
bgs: below ground surface
EW: East Waterway
ft: feet/ foot
NAPL: non-aqueous phase liquid
PID: photoionization detector
RAL: remedial action level

(Post-Excavation Depth; ft bgs)

Table 13: Upland Area Proposed Excavation Depths
Excavation Unit
(EU)

1

2
3
4
5
6

Station ID
T25-SB-03B
T25-SB-03E
T25-SB-03F
T25-SB-03G
T25-SB03/T25-SB42A
T25-SB42A
T25-SB42
T25-SB22/T25-SB22B
T25-SB22
T25-SB22B
T25-SB24
T25-SB25
T25-SB26
T25-SB27
T25-SB28
T25-SB29/T25-SB29C
T25-SB29
T25-SB29C
T25-SB30
T25-SB31
T25-SB32
T25-SB33
T25-SB34
T25-SB35
T25-SB38
T25-SB39
T25-SB40
T25-SB43
T25-SB44
T25-SB47
T25-SB46
T25-SB48
T25-SB49
T25-SB50
T25-SB52
T25-SB51
T25-SB08/T25-SB36
T25-SB37
T25-GW-04
T25-GW-05/T25-SB11
T25-SB12/T25-SB19
T25-SB09
T25-SB-03D

Uncertainty Addition
(ft)

--

-1
--1
1

1

Proposed EU
Excavation Depth
(ft bgs)

16.0

14
9
11
2.1
11

Notes

Applied a 16 ft
excavation cut depth bgs
to reach the average
native depth.

Applied a 14 ft
---Applied a 2.1 ft
---

Able

Table 13 (con't): Upland Area Proposed Excavation Depths
Excavation Unit
(EU)

Station ID

Uncertainty Addition1
(ft)

T25-SB20

--

7

5.4
T25-SB06

8

9

Proposed EU
Excavation Depth
(ft bgs)

--

Notes

Applied a 5.4 ft
excavation cut depth bgs
to reach habitat
subgrade elevation
Applied a 5.4 ft
excavation cut depth for

constructability purposes

T25-SB02

--

6.5

T25-GW-01
T25-GW-02
T25-GW-03
T25-GW-06
T25-SB01
T25-SB04B
T25-SB05

--------

1.0
4.6
5.6
6.1
7.0
7.6
1.7

T25-SB07

--

--

T25-SB10
T25-SB13
T25-SB17

----

6.8
2.0
2.7

T25-SB18

--

2.8

T25-SB21
T25-SB23

---

4.1
6.6

Applied a 6.5 ft
excavation cut thickness
to reach habitat
subgrade elevation

Applied excavation cut
depth bgs to reach
habitat subgrade
elevation

No excavation cut depth
bgs applied, within
daylight area of EU-1
Applied excavation cut
depth bgs to reach
habitat subgrade
elevation

Notes:
1. Cores with insufficient data at depth or an unbounded core include an additional 1-ft of removal to address uncertainty associated with RAL exceedances below the deepest interval with EW RAL exceedance.
bgs: below ground surface EU: excavation unit
EW: East Waterway ft: foot
RAL: Remedial Action Level

Able

Table 14: Sediment Area Dredge Depth Determination
EW RAL

Location

Exceedance

Sample Interval

Start Depth (ft

End Depth (ft

Bounded/

Depth of

Uncertainty
(ft)

(ft below mudline)

Contamination

Addition2

Proposed DU

Dredge Depth

(Yes/No)

below mudline)

below mudline)

Unbounded1

Core Recovery Information

(ft below mudline)

T25-SC-13_2021

Yes

6.5

7.5

Bounded

--

7.5

--

7.5

EW10-SC09

Yes

6

7.2

Bounded

--

7.2

--

7.2

T25-SC-09B

Yes

3

4

Unbounded

4 ft recovered, 5 ft drive

4

1

5.0

T25-SC02

Yes

4.6

5.6

Unbounded

core to 7 ft, only ran 4.6-5.6

5.6

1

6.6

T25-SC-12_2021

Yes

8.4

9.4

Bounded

--

9.4

--

9.4

Proposed

Dredge Unit
(DU)

Notes
Applied 5-ft dredge depth for constructability purposes to

DU-18

locations T25-SC-13_2021 and EW10-SC09 that is outside
of the T-25S Site boundary, with a very small footprint
interpolated within project footprint.

DU -17

-Applied 11-ft dredge depth for constructability purposes to

DU -16

Location T25-SC-12_2021 that is outside of the T-25S Site
boundary with a very small footprint interpolated within

T25-SC08

Yes

9

10

Unbounded

10 ft recovered, 12 ft drive

10

1

11

T25-SC-14_2021

Yes

8.7

9.7

Bounded

--

9.7

--

9.7

DU-15

--

T25-SC03

Yes

4.7

5.7

Bounded

--

5.7

--

5.7

DU-14

--

T25-SC-15_2021

Yes

7

8

Bounded

--

8

--

8.0

DU-13

--

T25-SC-16_2021

Yes

10.3

11.3

Unbounded

11.3 ft recovered, drove 14 ft

11.3

1

12.3

DU-12

--

T25-SC-11_2021

Yes

7

8

Bounded

--

8

--

8.0

EW10-SC08

Yes

6

8

Bounded

--

8

--

8.0

T25-SC-17_2021

Yes

7

8

Bounded

--

8

--

8.0

DU-11

--

DU-10

--

DU-9

--

project footprint.

T25-SC07

Yes

6

7

Unbounded

7 ft recovered, 9.5 ft drive

7

1

8.0

T25-SC-18_2021

Yes

6

7

Bounded

--

7

--

7.0

EW-167

Yes

2.5

3.5

Unbounded

--

3.5

1

4.5

T25-SC-19_2021

Yes

3

4.3

Bounded

--

4.3

--

4.5

T25-SC-20_2021

Yes

6.5

7.5

Unbounded

8.1 ft recovered, drove 10 ft

7.5

1

8.5

DU-8

--

T25-SC04

Yes

6

6.7

Unbounded

8 foot core

6.7

1

7.7

DU -7

--

T25-SC-21_2021

Yes

5

6

Bounded

--

6

--

6.3
DU-6

Assumed a proposed dredge depth of 6.3 ft for locations
T25-SC-21-2021 and EW10-SC06 for constructability

EW10-SC06

Yes

4

6

Bounded

--

6

--

6.3

T25-SC-22_2021

Yes

4.3

5.3

Unbounded

5.0 ft recovered, drove 7.7 ft

5.3

1

6.3

T25-SC-06

Yes

2.5

3.3

Unbounded

Refusal at 4 ft

3.3

1

4.3

DU- 5

--

T25-SC-23_2021

Yes

8

9

Bounded

--

9

--

9.0

DU -4

--

T25-SC-25_2021

Yes

6

7

Bounded

--

7

--

7.0

DU -3

--

T25-SC-26_2021

Yes

4

5

Bounded

--

5

--

5.0

DU-2

--

T25-SC-24_2021

No

--

--

--

0

--

3.0

T25-SC-05

Yes

1

2

Unbounded

Refusal at 2 ft

2

1

3.0

T25-SC-28_2021

Yes

2

3

Bounded

--

3

--

3.0

T25-SC-29_2021

Yes

2

3

Bounded

--

3

--

3.0

Notes:

1. Bounded is defined by at least one sample interval having no EW RAL exceedances.

2. Cores with insufficient data at depth or an unbounded core include an additional 1-ft of removal to address uncertainty associated with RAL exceedances below the deepest interval with EW RAL exceedance.
--: not available/not applicable
DU: dredge unit

EW: East Waterway
ft: feet/ foot

RAL: remedial action level

purposes

Location T25-SC-24_2021 does not have any EW RAL

DU-1

exceedances and includes a proposed dredge depth of 3 ft
for constructability purposes.

Does not include side slope near the bridge

Table 15: Summary of Selected Alternative

Placement

Removal Volumes1
(CY)

Volumes2
(CY)

Dredge / Excavation

Allowance Volume3

Volumes

In-Water Action

DU-1 through
DU-18
EU-1
EU-2
EU-3
EU-4

Upland Action

Description of Alternatives
Dredging of sediments to address EW RAL exceedances; placement of 1.5-ft of
RMC, a sloped backfill with an armor rock layer and clean backfill

Full excavation down to 16 ft bgs; backfill to final habitat design grade
Full excavation down to the deepest EW RAL exceedances; backfill to final habitat
design grade

EU-5
EU-6
EU-7

Partial excavation of EW RAL exceedances down to habitat subgrade elevations;
backfill to final habitat design grade

EU-8
EU-9

Excavation of material without EW RAL exceedances down to habitat subgrade
elevations; backfill to final habitat design grade

Backfill to

Upland Area

Construct Berm

RMC

Backfill4

construct Berm)5

Area6

4,450

7,980

20,630

--

800

--

--

21,780

--

--

10,130

--

--

900

3,230

--

--

1,680

--

330

--

--

330

12,910

--

3,710

--

--

2,690

16,580

--

3,810

--

--

3,650

11,910

--

2,600

--

--

2,160

87,390

--

14,630

Surface
Removal Action Areas

Backfill in the

Piling

Area
(SF)

Removal
(EA)

183,240

1,718

64,600

43,340

--

35,170

24,400

--

15,820

5,850

--

1,150

6,350

--

3,410

240

240

0

0

Slope

(including to

in the In-Water

--

17,330

Table 15 (con't): Summary of Selected Alternative

Construction Duration

Removal Action Areas
In-Water Action

Mobilization/
Demobilization

DU-1 through
DU-18

Total
Construction

(work days7)

Piling
Removal

Removal

Placement

86

99

48

--

147

95

Duration
(work months)

In-Water / Upland Costs
($ Million)

Total Cost
($ Million)

$46.1

EU-1
EU-2
EU-3
EU-4
Upland Action

EU-5
EU-6

15

16.1

$52.9

$99.0

EU-7
EU-8
EU-9
Notes:
1. Removal volumes associated with either dredging in in-water areas or excavation in upland areas. The in-water dredge volume includes a 1.5x constructability factor and the upland
excavation volume includes a 1.3x constructability factor. The constructability factor accounts for additional dredge/ excavation volume required to perform dredging/ excavation in practice,
for overdredge/overexcavation volumes allowances, and for additional volume to design elevation-based dredge/excavation prisms.
2. Placement volumes include placement of RMC and In-Water Slope Backfill in the in-water areas and in the upland portion, placement of Amended Cap, and Backfill, and Berm Backfill. The
in-water placement volumes includes a 1.5x constructability factor and the upland placement volume includes a 1.3x (with the exception of Berm Backfill that assumes a 1.5x) constructability
factor. The constructability factor accounts for additional placement volume required offset the total removal volume (required to perform dredging/ excavation in practice, for overplacement
allowances, and for additional volume to design elevation- based dredge/ excavation prisms).
3. Allowance volumes are associated with either contingency re-dredging in in-water areas or contingency re-excavation in upland areas, based on confirmational sampling conducted during
construction. Contingency re-dredging volume is based re-dredging conducted over a portion of the total in-water dredge area, applied to a 1-ft thickness to address generated residuals
(15% of area; 1-ft thickness) and 2.5-ft thickness to remove missed inventory (20% of area; 2.5-ft thickness). Contingency re-excavation for the remaining upland area (outside of TSCA and
NAPL Area) assumes re-excavation conducted over 20% of the remaining upland area (outside of EU-1), applied at a 1-ft thickness to address missed inventory; and for EU-1, assumes reexcavation conducted over 50% of EU-1, applied at a 1-ft thickness to address missed inventory.
4. Slope Backfill volume includes volume for placement from post-dredge surface up to 0 ft MLLW.
5. Backfill volume includes the volume includes to restore to habitat design elevations in the upland area.
6. Backfill volume includes volume for placement above 0 feet MLLW to required final design habitat elevations.
7. Work days required to complete the construction (i.e., not including weekends, holidays, or any other non-working periods). 9a. Costs are presented in 2025 dollars (see Appendix D for
alternative detailed cost estimates).
--: not applicable
bgs: below ground surface CY: cubic yard
DU: dredge unit EA: each
EE/CA: Engineering Evaluation and Cost Analysis EU: excavation unit
EW: East Waterway ft: feet
GAC: granular activated carbon NAPL: non-aqueous phase liquid NPV: net present value
RAL: Remedial Action Level
RMC: residuals management cover SF: square feet

Table 16: Selected Alternative Estimated Cost Summary
Task ID

DIRECT CONSTRUCTION COSTS

Task Description

In-Water Costs

Upland Costs

Total Project Costs

1

Mobilization/Demobilization

$

1,430,000.00

$

780,000.00

$

2,210,000.00

3

Surveys

$

796,461.00

$

1,008,812.00

$

1,805,273.00

2
4
5
6
7
8
9

Site Preparation

$

In-Water Structural Work

Dredging, Transloading, Upland Transportation, and Disposal

$

250,000.00

3,760,913.00

$

20,138,432.00

In-Water Material Placement

$

2,929,762.00

Environmental Controls

$

500,000.00

Excavation, Transfer, Upland Transportation, and Disposal
Upland Material Placement

Direct Construction Costs Subtotal $

10

Direct Cleanup Construction Contingency (30%)

$

11

Sales Tax (10.35%)

$

Direct Construction Cost Subtotal with Contingency

Total Direct Construction Costs (with Contingency and Sales Tax) - Rounded

INDIRECT CONSTRUCTION COSTS
12

Indirect Construction Costs

13

Indirect Construction Contingency (30%)

Indirect Construction Costs Subtotal with Contingency

Total Indirect Construction Costs (with Contingency) - Rounded
Total Project Cost - Rounded

2,929,762.00

150,000.00

$

10,836,571.00

$

4,860,202.00

$

795,000.00

$

238,500.00

$

1,033,500.00

$

$

36,121,902.00

$

46,958,473.00

$

51,818,700.00

$

4,010,339.00

$

2,593,484.00

$

778,045.00

$

3,371,500.00

$

42,757,600.00

2,593,484.00

$

3,371,529.00

$

46,129,100.00

$

$

5,015,953.00

8,941,670.00

3,760,913.00

--

$

29,805,568.00

$

1,019,100.00

20,138,432.00

--

$

$

$

28,398,037.00

$

$

--

-

$

38,747,238.00

$

$

769,100.00

--

$

Indirect Construction Costs Subtotal $

$

$

795,000.00

$

1,033,500.00

$

52,852,200.00

$

$

28,398,037.00

5,015,953.00

650,000.00

$

65,927,470.00

$

85,705,711.00

$

94,576,300.00

19,778,241.00

8,870,541.00

3,388,484.00

$

3,388,484.00

$

4,405,029.00

$

98,981,300.00

1,016,545.00

4,405,000.00

Figures

LEGEND:
Project Boundary

NOTE:
1. Basemap source: Esri Streets

0

[

2,000

Feet
Publish Date: 2025/05/02, 2:36 PM | User: emueller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_Report\EECA_Report.aprx\AQ_POS_T25_EECA_Fig1-1_VicinityMap

Figure 1
Terminal 25 South Site Vicinity Map

LEGEND:
Terminal 25 South Site

Inactive Terminal 25 North Facility

Harbor Island Superfund Site:
East Waterway Operable Unit

Terminal 25
South Site

NW Seaport Alliance
Lease Area

NOTE:
1. Aerial imagery source: King County (2021)

Parking Area

pic Tug and Barge

City of Seattle
Right-of-Way

SW Spokane St Bridge

Street
Spokane

0

[

100

Feet

Publish Date: 2025/05/02, 2:41 PM | User: emueller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_Report\AQ_POS_T25_EECA_Fig1-2_T25Site.mxd

Figure 2
Terminal 25 South Site

LEGEND:

East Waterway

Terminal 25 South Site
Tax Parcel
MHHW Elevation (Existing)
Approximate Key Historical Building
or Operations Footprints
Green Stormwater Infrastructure (Anticipated)
Restoration Habitat Definition
Subtidal
Intertidal
Marsh
Riparian - Fully Functional
High Berm
Rip-rap
Former Cold
Storage
Facility

Former
Compressor
Building

Former Oil
Drum Storage
!

Former
Transformer
Area

MHHW: Mean Higher High Water
UST: Underground Storage Tank
AST: Aboveground Storage Tank
Former Sawmill and
Former Automobile
Preparation Facility

Two Former
Diesel ASTs

!

!

!

!

Former
Maintenance
Building
Former
Sawmill

!

Approximate UST
Removal Area

NOTES:
1. Aerial imagery source: King County (2021)

!

Former
Maintenance
Building

Former
1,000-gallon
AST

Former Kerosene
Separator
and Pump

0

[

100

Feet
Publish Date: 2025/05/02, 2:49 PM | User: emueller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_Report\AQ_POS_T25_EECA_Fig2-3_HistoricalOperations.mxd

Figure 3
Historical Operations, Previous Remedial Actions, and Potential Source Areas

EW09-SS-023

T25-SC-12

T25-SC-11

LEGEND:

T25-SC-13

Terminal 25 South Site

EW10-SC09

T25-SC-10

Tax Parcel
MHHW Elevation (Existing)

T25-SC08
T25-SC-09B

T25-SC-14
EW10-SC08

T25-SC02

+12 ft MLLW

+12 ft MLLW

Green Stormwater Infrastructure (Anticipated)

EW09-SS-018

Restoration Habitat Definition

EW09-SS-020

Subtidal

EW09-SS-019

T25-SB17
T25-SC-16

EW-124

T25-SC-24

T25-SB36
T25-SB08
LW-3

T25-SC-25

LW-2

EW-127

EW09-SS-014

T25-SC-28

EW10-SC05

T25-SC-29

EW09-SS-012

NOTES:
1. Aerial imagery source: King County (2021)
MHHW: Mean Higher High Water

EW10-SC04

2023 - 2024 Groundwater Monitoring

Sediment Core Locations

T25-SB51

!
. 2019 Sediment Core Location
!
. 2021 Sediment Core Location

T25-SB23

SRI Data (Windward and Anchor QEA, 2014)

T25-SB07

T25-SB52

AQ-MW-2

. Sediment Core
!

T25-SB13

#
0

Sediment Grab
Existing
Truck Parking
Historical Borings

AQ-MW-3
B-12

!
( Soil Boring (Blymyer, 1989)
LW-1

Soil Boring and Monitoring Well

T25-SB09

0 (Landau, 1990)
#

Soil Boring and Monitoring Well

T25-SB37

T25-SC-26
EW-126

Focused Investigation Area

< Well and Colocated Soil Boring
&

AQ-MW-1

T25-SB02

EW09-SS-016

T25-SC-05

!
R 2019 - 2020 Soil Boring
!
( 2023 - 2024 Soil Boring

T25-GW-02
T25-SC-06

T25-SC-23

Soil Boring and Groundwater Locations

T25-SB21

T25-SC-22
EW10-SC06

EW09-SS-013

B-1

T25-SB06
T25-SB20

EW09-SS-017

T25-SC-21

Rip-rap

T25-SB12
T25-SB19

T25-SC04

EW-167

High Berm

T25-SC-20

EW10-SC07B
EW09-SS-039

Riparian - Fully Functional

T25-SB01
T25-SC-19

Marsh

T25-SB05

T25-SC07

T25-SC-18

T25-GW-01

T25-SB18

T25-SC03

T25-SC-17

EW-125

Intertidal

%

T25-SC-15

AQ-MW-4
T25-SB04A

W (Sweet-Edwards/Emcon, Inc., 1990)
X
Geotech Boring

T25-SB10
T25-SB04B

T25-GW-06

B-11

T25-SB11

!
. (Shannon and Wilson, 2008)

T25-SB41

Soil Boring and Monitoring Well

T25-GW-03
T25-GW-05

T25-GW-04

T
, (Anchor QEA and Aspect, 2012)
(
Other Historical Sediment Data

B-10

2011 Sediment Grab Composite Area

0

[

100

Feet

Publish Date: 2025/05/02, 3:04 PM | User: emueller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_Report\AQ_POS_T25_EECA_Fig2-5a_SamplingLocations.mxd

Figure 4
Sample Locations

!
( T25-SB23

LEGEND:
Terminal 25 South Site

T25-SB07

T25-SB51

!
R 2019 - 2020 Soil Boring
!
( 2023 - 2024 Soil Boring

!
R

!
(

Focused Investigation Area

Soil Boring and Groundwater Locations

T25-SB52

!
(

Historical Borings

Soil Boring and Monitoring Well

W (Sweet-Edwards/Emcon, Inc., 1990)
X
Restoration Habitat Definition

T25-SB46

!
(

T25-SB32

MW-3

W
X

Marsh

!
(

XMW-2
W
!
(

T25-SB31

Intertidal

T25-SB33

!
(
!
R

T25-SB47

T25-SB-03B

!
(
T25-SB24

T25-SB26

!
(
T25-SB-03D

!
R

T25-SB50

!
(

!
(

T25-SB42A

T25-SB22

!
(T25-SB22B
!
(

!
(
!
R

T25-SB03

T25-SB-03E
T25-SB44

!
R

T25-SB-03G

T25-SB48

!
(

!
(

!
R

!
(

T25-SB25

!
R T25-SB-03F

!
(

!
(

!
(

T25-SB43
T25-SB29

!
(

MW-4

!
(

T25-SB49

T25-SB38

!
(

!
(

T25-SB45

T25-SB30

W
X

T25-SB27

T25-SB29C

!
(
W
X

T25-SB28

!
(

T25-SB39

!
(

MW-1

T25-SB35

T25-SB40

!
(

T25-SB34

!
(

!
(
NOTE:
1. Aerial imagery source: King County (2021)

0

[

20

Feet
Publish Date: 2025/05/02, 3:11 PM | User: emueller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_Report\AQ_POS_T25_EECA_Fig2-5b_SamplingLocations.mxd

Figure 5
Sample Locations - Focused Investigation Area

Max RAL Exceedance Factor, Any Chemical
Any Depth
T25-SB18

T25-SB17

Max RAL Exceedance Factor, Any Chemical
Below Habitat Subgrade

T25-SB05

T25-SB06

T25-SB32

T25-SB-03B

T25-SB08

T25-SB03
T25-SB09

T25-SB07

T25-SB50
T25-SB-03E

T25-SB-03G
T25-SB43

T25-SB29

T25-GW-06

T25-SB04B

T25-SB-03F
T25-SB25

T25-SB30
T25-SB35

T25-SB11 T25-GW-05

Maximum RAL Exceedance Factor, Any Chemical

T25-SB34
T25-SB40
T25-SB29C

Subtidal
Intertidal

1-20

Marsh

20-100

Riparian - Fully Functional

100-1000

High Berm

>1000

Rip-rap

T25-SB51

T25-SB46
T25-SB47
T25-SB26
T25-SB22
T25-SB22B
T25-SB13

T25-SB02

No Data Available
Green Stormwater Infrastructure (Anticipated)

T25-SB32

T25-SB23

T25-SB33

T25-SB31

T25-SB36

T25-SB-03B

T25-SB08

T25-SB-03D
T25-SB03
T25-SB09

T25-SB38

T25-SB07

T25-SB50
T25-SB-03E

T25-SB37

T25-SB-03G
T25-SB43

T25-SB29

T25-GW-03

T25-GW-06

T25-SB04B

T25-SB11 T25-GW-05

T25-SB46
T25-SB47
T25-SB26
T25-SB22
T25-SB22B
T25-SB13
T25-SB48
T25-SB49
T25-SB38

T25-SB-03F
T25-SB25

T25-SB30
T25-SB35

T25-GW-02

T25-SB27

T25-SB44

T25-SB39
T25-SB28

T25-SB52

T25-SB24

T25-SB42A

T25-SB48
T25-SB49

T25-GW-04

Restoration Habitat Definition

No RAL Exceedance

T25-GW-02

T25-SB12

T25-SB21

T25-SB20

T25-SB10

LEGEND:
Terminal 25 South Site

T25-SB06

T25-SB27

T25-SB44

T25-SB37

T25-SB52

T25-SB24

T25-SB42A
T25-SB-03D

T25-SB23

T25-SB33

T25-SB31

T25-SB36

T25-SB01
T25-SB19

T25-SB12

T25-SB21

T25-SB20

T25-SB02

T25-GW-01

T25-SB05

T25-SB01
T25-SB19

T25-SB51

T25-SB18

T25-SB17

T25-GW-01

T25-SB39
T25-SB28
T25-SB10

T25-SB34
T25-SB40
T25-SB29C

T25-GW-03

T25-GW-04

NOTE:
1. Aerial Imagery courtesy of ESRI.
RAL: Remedial Action Level

0

[

250

Feet

Publish Date: 2025/09/23, 10:06 AM | User: dmiller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_WorkPlan\POS_EECAWP_Report.aprx | AQ_POS_EECA_F2-6a_UplandSoilEastWaterwayRALScreening

Figure 6
Upland Soil East Waterway RAL Screening

! EW09-SS-023
(

East Waterway

! T25-SC-12_2021
(
!
(

T25-SC-11_2021 (
!
T25-SC-10_2021

T25-SC08

!
(

EW10-SC09
!
(
T25-SC-13_2021
T25-SC-09B

!
(

!
(

EW10-SC08

!
(

!
T25-SC-14_2021 (

EW09-SS-020

!
(

! T25-SC02
(

T25-SC-15_2021

!
(

T25-SC03

T25-SC-16_2021

EW-125 (
!
!
((
EW09-SS-019

!
(

! T25-SC-17_2021
(

T25-SB05

!
(
! T25-SC07
(

T25-SC-18_2021

!
(

EW09-SS-039

!
(

MHHW Elevation (Existing)
Green Stormwater Infrastructure (Anticipated)
Restoration Habitat Definition

EW09-SS-018

!
(

Subtidal
Intertidal
Marsh
Riparian - Fully Functional
High Berm
Rip-rap
Sediment EW RAL Exceedance

!
( No Exceedance at Any Depth
( No Data Available

T25-SC-20_2021

!
(

EW10-SC07B

!
(

Terminal 25 South Site

!
( Exceedance

!
(

T25-SC-19_2021

LEGEND:

T25-SC04

!
(

EW-124 (
!EW09-SS-017
(
!
(
EW-167

T25-SB06

!
(

T25-SC-21_2021

!
(

! EW10-SC06
(

T25-SC-22_2021

!
(

! T25-SC-06
(
EW09-SS-016

!
(
T25-SC-23_2021

!
(

T25-SC-24_2021

!
(

! T25-SC-05
(

T25-SC-25_2021

!
(

T25-SC-26_2021

EW09-SS-013

!
(

EW-126 (
!

NOTES:
1. Aerial Imagery source: King County (2021)
2. SB05 and SB06 were collected as upland borings but are
located below mean higher high water (+11.3' MLLW).
MLLW: Mean Lower Low Water
RAL: Remedial Action Level
EW: East Waterway

!
(
EW09-SS-014
!
(
EW-127 (

T25-SC-28_2021

EW10-SC05

!
(

!
(

! T25-SC-29_2021
(

! EW09-SS-012
(

EW10-SC04

!
(

0

[

100

Feet

Publish Date: 2025/05/02, 4:18 PM | User: emueller
Filepath: \\GSTFile01\GIS\Jobs\PortofSeattle_0003\T25\Maps\Reports\EECA_Report\AQ_POS_T25_EECA_Fig2-8a_EW_deepestexceedance.mxd

Figure 7
East Waterway Sediments RAL Screening

LEGEND:
T25-SC-11_2021
T25-SC-10_2021

T25-SC-13_2021

T25-SC-12_2021
T25-SC08

Terminal 25 South Site

T25-SC-09B

EW10-SC09

Habitat Berm Midline

T25-SC-14_2021

MHHW Elevation (Existing)
Sample Location

EW10-SC08

Sediment Sample

T25-SC02

Soil Sample
T25-SB18

T25-SC-16_2021
T25-SC-15_2021

T25-SC03

T25-SC-17_2021

Sample Location Outside Boundary

T25-GW-01

Deepest RAL Exceedance Factor by Sample
Interval

T25-SB17

No Exceedance at Any Depth
0-2'

T25-SB05

2-4'
T25-SB01

T25-SC-18_2021

4-6'
6-8'

T25-SC07

T25-SC-19_2021

T25-SB12/T25-SB19
T25-SC-20_2021

EW10-SC07B

T25-SC04

10-12'

T25-SB06

12-14'

T25-SB21

EW-167

14-16.2'
EW10-SC06

T25-SC-21_2021

T25-SB20

T25-SC-22_2021
T25-SC-06

T25-GW-02
T25-SB23

T25-SB31

T25-SB02

T25-SB24
T25-SB-03B

T25-SC-23_2021

T25-SC-24_2021

T25-SB44

T25-SB03/T25-SB42A
T25-SB43

T25-SC-25_2021

T25-SB37

T25-SC-26_2021

T25-SB07

T25-SB32

T25-SB30

T25-SB50

T25-SB47

T25-SB22/T25-SB22B

T25-SB-03F

T25-SB38

T25-SB49

T25-SB39
T25-SB28

T25-SB35

T25-SB40

T25-SB29/T25-SB29C

T25-SB25

T25-SB13

T25-SB48

T25-SB27

T25-SB09
T25-SB-03G

T25-SB46

T25-SB33

T25-SB26

T25-SB-03D
T25-SB08/T25-SB36

T25-SB52

T25-SB51

T25-SB-03E
T25-SC-05

T25-SB10

NOTES:
1. Aerial imagery courtesy of ESRI.
2. Maximum RAL exceedance factor spatial
distribution was created using a Thiessen
interpolation method.
MHHW: Mean Higher High Water
RAL: Remedial Action Level

T25-SB34

EW10-SC05

8-10'

T25-SC-28_2021
T25-SC-29_2021

T25-GW-06

T25-SB04B

T25-GW-05/T25-SB11

T25-GW-04

T25-GW-03

0

[

100

Feet
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Figure 8
Thiessen Interpolation of Deepest Exceedances of East Waterway RALs

LEGEND:

East Waterway
T25-SC-11_2021
T25-SC-10_2021

T25-SC-13_2021

T25-SC-12_2021
T25-SC08

Terminal 25 South Site

T25-SC-09B

EW10-SC09

Future Habitat Berm Midline

T25-SC-14_2021

MHHW Elevation (existing)
Sample Location

EW10-SC08

Sediment Sample

T25-SC02

Soil Sample
T25-SB18

T25-SC-16_2021
T25-SC-15_2021

T25-SC03

T25-SC-17_2021

Sample Location Outside Boundary

T25-GW-01

Maximum EW RAL Exceedance Factor 2
Feet Below Future Habitat Design
Subgrade

T25-SB17

<1

T25-SB05

1-20
20-100

T25-SB01
T25-SC-18_2021

100-1000

T25-SC07

T25-SC-19_2021

T25-SB12/T25-SB19

>1000

T25-SC-20_2021
EW10-SC07B

T25-SC04

T25-SB06

T25-SB21

EW-167

EW10-SC06

T25-SC-21_2021

T25-SB20

T25-SC-22_2021
T25-SC-06

T25-GW-02

T25-SB24
T25-SB-03B

T25-SC-23_2021

T25-SB23

T25-SB31

T25-SB02

T25-SB-03E
T25-SC-24_2021

T25-SB44

T25-SC-05

T25-SB03/T25-SB42A
T25-SB43

T25-SC-25_2021

T25-SB37

T25-SC-26_2021

T25-SB07

T25-SB32

T25-SB30

T25-SB50

T25-SB47

T25-SB22/T25-SB22B

T25-SB-03F

T25-SB38

T25-SB48

T25-SB27

T25-SB09
T25-SB-03G

T25-SB46

T25-SB33

T25-SB26

T25-SB-03D
T25-SB08/T25-SB36

T25-SB52

T25-SB51

T25-SB49

T25-SB39

T25-SB13

NOTES:
1. Aerial imagery courtesy of ESRI.
2. Maximum RAL exceedance factor spatial
distribution was created using a Thiessen
interpolation method.
3. Sediment RAL exceedance factors are shown
without any removal assumed for habitat
purposes.
MHHW: Mean Higher High Water
RAL: Remedial Action Level

T25-SB28

T25-SB35

T25-SB40

T25-SB29/T25-SB29C

T25-SB25

T25-SB10

T25-SB34

EW10-SC05

T25-SC-28_2021
T25-SC-29_2021

T25-GW-06

T25-SB04B

T25-GW-05/T25-SB11

T25-GW-04

T25-GW-03

0

[

100

Feet
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Figure 9
Thiessen Interpolation of Maximum Exceedances of East Waterway RALs

LEGEND:
Terminal 25 South Site
Future Habitat Berm Midline
MHHW Elevation (Existing)

DU-16

DU-12

Cross-Section C-C' (See Figure 5-5c)
Excavation Units

DU-15

DU-13

Federal Navigation Channel

DU-18
DU-17

Full Excavation of Highest RAL
Exceedances and NAPL Down to Native
Full Excavation of RAL Exceedances

DU-11

Full Excavation of RAL Exceedances to
Habitat Subgrade Elevations

DU-14

Excavation of Material Without RAL
Exceedances Down to Habitat Subgrade
Elevations
Dredge Units

EU-9

DU-10
DU-9

EU-5

DU-8
DU-7

DU-6

Dredge to Deepest RAL Exceedance

EU-7

DU-5
EU-8
NOTES:
1. Aerial imagery courtesy of ESRI.

DU-4
DU-1
DU-3

EU-2

EU-6

MHHW: Mean Higher High Water
RAL: Remedial Action Level
NAPL: Nonaqueous phase liquid
EU: Excavation Unit
DU: Dredge Unit

EU-1

DU-2

EU-9
EU-9

EU-4

EU-3

0

[

100

Feet
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Figure 10
Alternative 3 Removal - Plan View

LEGEND:
Terminal 25 South Site
Future Habitat Berm Midline
EU/DU Boundary

DU-16

DU-12

Federal Navigation Channel
Placement Type

DU-15

DU-13

MHHW Elevation (existing)

DU-18
DU-17

RMC
Slope Backfill with Armored Rock
Backfill to Construct Habitat Berm

DU-11

Backfill to Habitat Elevations

DU-14

EU-9

DU-10
DU-9

EU-5

DU-8
DU-7

DU-6

EU-7

DU-5
EU-8
NOTES:
1. Aerial imagery courtesy of ESRI.

DU-4
DU-1
DU-3

EU-2

EU-6

MHHW: Mean Higher High Water
EU: Excavation Unit
DU: Dredge Unit
RMC: Residuals Management Cover

EU-1

DU-2

EU-9
EU-9

EU-4

EU-3

0

[

100

Feet
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Figure 11
Alternative 3 Placement - Plan View

DRAFT

30

C
DU-4

15

DU-1

EU-2

15

0

0

2H:1V

-15
2H:1V

-30

-45

30

EU-6

See Below

Elevation in Feet (MLLW)

FNC Limits (-30' MLLW)

2H:1V

3H:1V

0

15

30

45

30

60

75

90

105

120

135

150

165

EU-6

180
195
210
Horizontal Distance in Feet
No Vertical Exaggeration

225

240

255

270

285

300

315

330

345

360

375

390

C'

EU-1

0

-15

-45

30

0

2H:1V

2H:1V

-15

-30

-45

-30

15

See Above

Elevation in Feet (MLLW)

15

-15

-30

390

405

420

435

450

LEGEND:

465

480

495

510

525

NOTES:
Existing Mudline or Grade
Required Dredge or Required
Excavation Depth (Below Mudline)

540

555

570
585
600
Horizontal Distance in Feet
No Vertical Exaggeration

615

630

645

660

675

690

705

720

735

750

765

780

-45

DU: Dredge Unit
EU: Excavation Unit
FNC: Federal Navigation Channel
1.
2.

Required dredge/excavation depths are
assumed to address contamination and to
support habitat design.
Side slopes to be determined during design.

Publish Date: 2025/05/05 9:43 AM | User: tgriga
Filepath: K:\Projects\0003-Port of Seattle\POS SD-01 - T-25 Wetland\0003-WK-030 T25 Remedial Alternatives April 2025.dwg Figure 5-5c

Figure 12
Alternative 3 - Conceptual Cross Section

Attachment A
Applicable or Relevant and Appropriate Requirements

Appropriate or Relevant and Appropriate Requirements for the Terminal 25 South Site
Chemical-Specific
Requirement

Recommended water quality criteria and
other information is published at
https://www.epa.gov/wac/nationalrecommended-water-quality-criteria-tables.

Citation

Clean Water Act
Section 304(a)
33 U.S.C. § 1314(a)
EPA develops and publishes
recommended water quality criteria
and other information which may be
used for the establishment of state
water quality standards to protect,
restore, and maintain surface water.

Comments

Status

The recommended water quality
criteria and other information are
important to follow if doing so
during dredging and other removal
activities will improve water
quality.

To be Considered

Comments

Status

ARARs/TBCs for the Terminal 25 South Site
Location-Specific
Requirement

Citation

Provides for best management practices
during activities that may impact sediment
quality.

State Antidegradation and Designated
Use Policies
WAC 173-204-120

Provides for obtaining recommendation
from U.S. Fish and Wildlife Service on
avoiding, minimizing, and mitigating adverse
impacts of land and water development
projects on fish, wildlife, plants, and
habitats.

U.S. Fish and Wildlife Service Mitigation
Policy, as revised
81 FR 83440 (November 21, 2016)

Provides U.S. Fish and Wildlife Service with
authority to investigate and report on
proposed federal action that affects a
stream or other body of water, and to
provide recommendations to minimize
impacts to fish and wildlife resources.
Channel deepening or other modifications
to a body of water are subject to this law.

U.S. Fish and Wildlife Coordination Act
16 U.S.C. §§ 661, 662(a)

To the extent practicable employ
these best management practices
during performance of the
remedial action.
Consult with U.S. Fish and Wildlife
Service in order to obtain
recommendations on ways to
avoid, minimize, and mitigate
damage to natural resources,
including fish, wildlife, plants, and
habitats, during implementation of
the remedial action.
Consult with U.S. Fish and Wildlife
Service and obtain its
recommendations on how to
conserve wildlife resources and
prevent loss or damage to such
resources during implementation
of the remedial action.

To be Considered

To be Considered

Applicable

ARARs/TBCs for the Terminal 25 South Site
Location-Specific
Requirement

Prohibits the killing, capturing, selling,
trading or transporting of protected
migratory bird species without prior
authorization of the U.S. Fish and Wildlife
Service. Applies to migratory birds native to
the U.S. or U.S. territories, and to any part,
nest, egg, or product associated with such
migratory birds.

Citation

Migratory Bird Treaty Act of 1918, as
amended.
16 U.S.C. §§ 703, 704, 705

50 CFR § 10.13 (provides list of protected
migratory bird species)
Provides a program for conservation of
threatened and endangered plants and
animals and their habitats. Requires
consultation by a federal agency with U.S.
Fish and Wildlife Service and National
Oceanic Atmospheric Administration
Fisheries Service to ensure action taken by
such agency is not likely to jeopardize the
continued existence of listed endangered or
threatened species or result in destruction
or adverse modification of their critical
habitat.

Endangered Species Act of 1973
Sections 2(c), 3, 7(a)(1)-(4), 7(b)(1)(A),
7(b)(3), 7(b)(4), 7(c), 9
16 U.S.C. §§ 1531(c), 1532, 1536(a)(1)(4), 1536(b)(1)(A), 1536(b)(3),
1536(b)(4), 1536(c), 1538
50 CFR §§ 17.3, 17.11, 17.12, 17.21(c),
17.21(d), 17.31, 17.51, 17.61(c),
17.71(a), 17.71(c)

Comments
Consult with U.S. Fish and Wildlife
Service to identify protected
migratory bird species and their
nests which may be present during
implementation of the removal
action, and to obtain
recommendations for protecting
such species and their nests.
Consult with U.S. Fish and Wildlife
Service and National Oceanic
Atmospheric Administration
Fisheries Service to ensure removal
activities do not jeopardize
threatened or endangered species
or destroy or adversely modify the
habitat of such species. May
include the preparation of a
biological assessment which
assesses such removal action and
its effects on protected species and
their habitats.

Status

Applicable

Applicable

ARARs/TBCs for the Terminal 25 South Site
Location-Specific
Requirement

Promotes the protection of essential fish
habitat through coordination and
consultation between the National Marine
Fisheries Service, the Regional Fishery
Management Council, and each federal
agency whose action or proposed actions
may adversely affect such habitat.

Establishes regulations, goals, policies and
objectives for protecting and enhancing
state of Washington shoreline areas.

Provides for authorized work times,
construction techniques, shoreline
stabilization requirements, and test boring
requirements in saltwater areas.
Establishes maximum permissible noise
levels in identified environments at
specified times.

Citation

Magnuson-Stevens Fishery
Conservation and Management Act
Sections 305(b)(1)(D); 305(b)(2-4)
16 U.S.C. §§ 1855(b)(1)(D), 1855 (b)(24)
50 CFR § 600.920

Shoreline Management Act of 1971
WAC 173-18-020, -030, -040
WAC 173-27-060
King County Shoreline Management
Master Program
Ordinance 3688
Sections 325, 412, 413, 414
State Hydraulic Code Rules
WAC 220-660-330, Table 4; 220-660360; 220-660-370; 220-660-410; 220660-450(1), (2), (3)(b), (3)(c).
State Noise Control
RCW 70A.20.010, 70A.20.020
WAC 173-60-010, 173-60-020, 173-60030, 173-60-040,173.60-050, 173-60120

Comments

Provide notice to the National
Marine Fisheries Service and
Regional Fishery Management
Council of the planned removal
action and consider their
comments and recommendations
for conserving essential fish
habitat. Implement measures to
conform to the recommendations
designed to avoid, mitigate, or
otherwise offset any adverse
effects on essential fish habitat or
provide reasons for not following
the recommendations.

Status

Applicable

Consider the implications of the
King County preferred practices
and restrictions in undertaking
removal action that may impact
shoreline areas.

To be Considered

Adhere to the directions in these
provisions of State law during
implementation of the removal
action.

Applicable

Protect workers and others from
experiencing excessive noise
during removal activities.

Applicable

ARARs/TBCs for the Terminal 25 South Site
Location-Specific
Requirement

Citation

Requires federal agencies which have
possession of or control over Native
American cultural items (including human
remains, associated and unassociated
funerary objects, sacred objects and objects
of cultural patrimony) located on federal
land or tribal lands to compile an inventory
of such items and consult with affected
tribes. Prescribes when federal agencies
must return such Native American cultural
items.

Native American Graves Protection and
Repatriation Act
25 U.S.C. §§ 3001-3006, 3009, 3011

It is the policy of the United States protect
and preserve for American Indians certain
rights, including but not limited to, access to
sites and use and possession of sacred
objects.

American Indian Religious Freedom Act
42 U.S.C. § 1996

Comments

Should Native American items be
discovered during removal
activities, an inventory will be
created to document these items
and, if possible, the items will be
secured. In addition, upon such
discovery, the Muckleshoot and
Suquamish Tribes and Yakama
Nation will be informed of the
discovery and consulted as to the
handling and disposition of such
items.
Should American Indian sacred
objects to discovered, an effort will
be made to safely secure these
objects, and the Muckleshoot and
Suquamish Tribes and Yakama
Nation will be notified of the
discovery and provided an
opportunity to obtain possession
of the objects.

Status

Relevant and Appropriate

To be Considered

ARARs/TBCs for the Terminal 25 South Site
Location-Specific
Requirement

Requires a federal agency to: (1) identify
historic properties potentially affected by an
agency undertaking; (2) assess the potential
effects on such properties from the
undertaking; (3) provide the Advisory
Council on Historic Preservation an
opportunity to comment on the agency
decision regarding the properties; and (4)
consider ways to avoid, minimize or
mitigate potential effects on the properties.
Historic properties include any district, site,
building, structure, archaeological site,
traditional cultural landscape, traditional
cultural property, or object included in or
eligible for the National Register of Historic
Places, including artifacts, records, and
material remains related to such properties.
Federal agencies need to evaluate actions
and impacts on flood plains and mitigate
such impacts. Criteria established for best
management of flood prone areas.

Citation

National Historic Preservation Act
16 U.S.C. § 470f
36 CFR §§ 60.2(a), 60.3, 60.4,
800.2(c)(1)(i), 800.2(c)(2)(ii), 800(c)(3),
800(c)(4), 800(c)(5), 800.2(d), 800.3(c),
800.3(e), 800.3(f),800.3(g), 800.4(d)(2),
800.5(a), 800.6(a), 800.6(b)

42 Fed. Reg. 26951, 3 CFR 1977 Comp.
p. 77

Comments

Although no historic properties
have been identified at the site,
should such properties be
encountered during remedial
activities, assess the potential
effects on the properties from the
remedial activities, provide the
Advisory Council on Historic
Preservation or its designee (often
the State Historic Preservation
Officer), and perhaps other
interested parties, an opportunity
to comment on the potential
effects, and decide how to proceed
in a way that, if possible, avoids,
minimizes or mitigates the
potential effects on the properties.
If the site is determined to be
within a floodplain or flood prone
area, actions should be take to
prevent the risk of floods due to
remedial activities.

Status

Applicable

To be Considered

ARARs/TBCs for the Terminal 25 South Site
Action-Specific
Requirement

Provides disposal requirements of PCBcontaminated material..

Citation
Toxic Substances Control Act
Section 6(e)
15 U.S.C. § 2605(e)
40 CFR §§ 761.61(a)(4), 761.61(a)(5); or
§ 761.61(b)

Comments

Status

Actions handling PCB remediation
wastes and PCB containing
material.

Applicable

ARARs/TBCs for the Terminal 25 South Site
Action-Specific
Requirement

Assures that alteration or use of a federal
civil works project will not impair the
usefulness of that project or be injurious to
the public.

Provides regulatory requirements for
generators and transporters of hazardous
waste. Also provides regulatory standards
for owners and operators of hazardous
waste treatment, storage or disposal
facilities.

Citation

Rivers and Harbors Act of 1899
Section 14(a)
33 U.S.C. § 408(a)

Resource Conservation and Recovery
Act (a.k.a. Solid Waste Disposal Act)
Sections 3002, 3003, 3004
42 U.S.C. §§ 6922, 6923, 6924
40 C.F.R. Part 262, Subparts A-D, L, M
(generators)
40 C.F.R. Part 263, Subparts A-C
(transporters)
40 C.F.R. Parts 264 to 270 (owners and
operators)

Comments

Should it be determined that any
portion of the removal action may
impair the usefulness of a structure
or project of the United States
Army Corps of Engineers, there will
be consultation with the Corps to
determine how to best avoid or
mitigate such impairment.
Comply with the generator and
transporter requirements for all
hazardous waste generated and
transported as part of the removal
action. Confirm there is compliance
with owner and operator
regulations for each hazardous
waste treatment, storage, or
disposal facility which is to receive
hazardous waste as a result of
implementation of the removal
action.
See, also, Section 121(d)(3) of
CERCLA, 42 U.S.C. § 9621(d)(3),
which requires that each
treatment, storage or disposal
facility which is to receive
hazardous waste must first be
deemed to be in compliance with
the Solid Waste Disposal Act.

Status

Applicable

Applicable as to onsite
generator and transporter
requirements, and
otherwise CERCLA requires
that a receiving facility be in
compliance with the owner
and operator standards of
RCRA.

STATEMENT OF WORK
Terminal 25 South
East Waterway Operable Unit - Harbor Island Superfund Site
Seattle, Washington
Administrative Settlement Agreement and Order on Consent for Removal Action
I.

Purpose and Scope

The purpose of this Statement of Work (SOW) is to fully implement the Administrative
Settlement Agreement and Order on Consent (Settlement) requiring the performance of a nontime critical removal action (NTCRA) for soil and sediments at Terminal 25 South (T-25S) of
the East Waterway Operable Unit of the Harbor Island Superfund Site. The NTCRA will be
conducted by the Port of Seattle (Respondent) and consists of a removal design and removal
action for the excavation and disposal of contaminated soil and sediments.
The documentation tasks to generally be completed under this SOW include preparation and
delivery of a Removal Design, Biological Assessment, Removal Action Work Plan, and Final
Report. The cleanup task to be performed under this SOW is implementation of the NTCRA.
This SOW is incorporated into the Settlement in CERCLA Docket No. 10-2026-0216. The
NTCRA is required by the Action Memorandum signed and issued by EPA on June 24, 2026,
for T-25S.
The specific documentation tasks to be completed by Respondent under this SOW include
preparation and delivery of the documents identified in Table 1. Schedule of Project
Deliverables.
II.

General Requirements

Respondent shall perform the Work as defined and required by the Settlement and in
accordance with all EPA-approved, conditionally approved, or modified deliverables. The
Work includes, at a minimum, all actions necessary to implement the NTCRA, including, but
not limited to, the actions set forth in this SOW.
A. Deliverables. Respondent shall submit all deliverables to EPA in electronic form, unless
otherwise specified by the EPA Project Manager.
B. Technical Specifications for Deliverables. Sampling and monitoring data shall be
submitted in standard Regional Electronic Data Deliverable (EDD) and SCRIBE format.
Other delivery methods may be required or approved by the EPA Project Manager if
electronic direct submission presents a significant burden or as technology changes.
C. Approval of Deliverables. The approval of all deliverables by EPA will be accomplished
in accordance with Paragraph 18.c of the Settlement.
D. Respondent shall perform in accordance with the Removal Action Work Plan and all other
deliverables as approved by EPA and in accordance with the associated schedule approved
by EPA. Upon approval or subsequent modification by EPA of any deliverable, or any
portion thereof: (1) such deliverable, or portion thereof, and any subsequent modifications,
will be incorporated into and enforceable under the Settlement; and (2) Respondent shall
take any action required by such deliverable, or portion thereof. Respondent shall not
1

commence or perform any Work except in conformance with the terms of the Settlement
and this SOW.
E. Field Activity Notification. Respondent shall notify EPA not less than 14 calendar days
in advance of initiating any field activity conducted under this SOW or the Settlement,
unless shorter notice is agreed to or approved by the EPA Project Manager.
III.
Removal Design
Respondent shall submit a Removal Design with a basis of design narrative for review and
approval by EPA. The Removal Design shall, at a minimum, include the following elements:
IV.

An Introduction/Purpose.



A brief description of project history, previous reports and planned actions.
 A Basis of Design that explains the input parameters to design calculations and summarizes
specifications and drawings related to the removal action. The Basis of Design shall include a
narrative of what is being designed with each major step of the work, including assumptions
for each step of the work being performed, regulatory requirements or standards or guidance
that Respondent will follow, general assumptions used for design, as well as specifications
and drawings.
 The implementation of treatment technologies, if applicable, including specifications on the
products to be utilized and how placement, measurements, handling and storage are to be
conducted.
 Confirmation sampling protocols and Quality Assurance/Quality Control (QA/QC)
procedures.
 A 30% Design, 60% Design, 90% Design and 100% Design.
 A schedule and project milestones.
 Design review meetings between Respondent and EPA will be held as needed to expedite
project schedules and approvals, and at a minimum of once per month.
 The 100% Design shall include the final Basis of Design: final construction documents,
schedule, final plans and specifications. Respondent shall implement the 100% Design as
approved by EPA.
V.
Removal Action Work Plan
Respondent shall submit a Removal Action Work Plan for review and approval by EPA.
Among other components, Removal Action Work Plan shall include the sub-plans identified
below. The Removal Action Work Plan shall also include an implementation schedule.
Respondent shall coordinate the following activities with EPA:




Providing access to the project site for EPA and its oversight contractor.
Submittal of specifications for any placed material.
Completion of daily field reports documenting environmental controls and mitigations as
outlined in the Biological Assessment and Clean Water Act 404 Memorandum developed for
the project. These daily field reports shall be provided as attachments to the required progress
reports as outlined in Table 1. These submissions shall include:
o Copies of any correspondence or communications with the Endangered Species Act
resource agencies (National Marine Fisheries Service or U.S. Fish & Wildlife Service),
if any.
2

o Copies of turbidity monitoring results, if any, Applicable or Relevant and Appropriate
Requirements (ARARs) compliance monitoring results, if any, and a description of
response actions taken, if any.
In addition to other elements of the Work, the Removal Action Work Plan must describe all
community impact mitigation activities to be performed to: (i) reduce impacts (e.g., air
emissions, dust, odor, traffic, noise, temporary relocation, negative economic effects) to
residential areas, schools, playgrounds, healthcare facilities, or recreational public areas
frequented by community members (Community Areas) during implementation of the NTCRA;
(ii) conduct monitoring in Community Areas of impacts from the implementation of the
NTCRA; (iii) communicate validated sampling data; and (iv) make adjustments during the
implementation of the NTCRA in order to further reduce negative impacts to affected
Community Areas. The Removal Action Work Plan shall contain information about impacts to
Community Areas that is sufficient to assist the EPA Project Manager and EPA Community
Involvement Coordinator in performing the evaluations described in the Superfund Community
Involvement Handbook, OLEM 9230.0-51 (Mar. 2020). This Handbook may be found at
https://www.epa.gov/superfund/superfund-community-involvement-tools-andresources#handbook.
Respondent shall prepare a Removal Action Work Plan and schedule that, at a minimum,
contains the following elements:

















Construction Quality Assurance Plan
Quality Assurance Project Plan
Data Management Plan
Dredge/Excavation, Barge Transport, and Dewatering
Traffic Control and Vessel Management Plan
Waste Management, Transportation and Disposal
Water Quality Monitoring
Best Management Practices
Fish and Wildlife Resources Protection
Waste Characterization Sampling
Backfill, Site Restoration and Demobilization
Confirmation Sampling Plan
Historical and Archaeological Resource Protection
Health and Safety Plan
Post Removal Site Controls
Biological Assessment/Opinion and Clean Water Act 404 Memorandum

Respondent shall submit for EPA review and comment a Health and Safety Plan (HASP) that, at
a minimum, meets the requirements of 29 C.F.R. § 1910.120 and otherwise describes all
activities to be performed to protect on-site personnel and area residents from physical,
chemical, biological and all other hazards related to performance of Work. The HASP shall be
prepared in accordance with EPA's Emergency Responder Health and Safety Manual,
OSWER 9285.3-12 (July 2005 and updates), available on EPA's website at
https://www.epaosc.org/_HealthSafetyManual/manual-index.htm. In addition, Respondent shall
ensure that the HASP complies with all currently applicable Occupational Safety and Health
Administration regulations found at 29 C.F.R. part 1910. If EPA determines that it is
3

appropriate, the HASP shall also include contingency planning. Respondent shall incorporate all
changes to the HASP recommended by EPA and shall implement the HASP during
performance of the Work.
Following implementation of the activities required by the Removal Action Work Plan,
Respondent shall submit a Final Report for review and approval by EPA. The Final Report will
contain, at a minimum, the following sections:






Executive summary and introduction.
NTCRA activities conducted.
Confirmation sampling results.
As built drawings.
QA/QC findings.

Respondent shall submit sampling laboratory data to include an independent Stage 2B
validation report to EPA within five working days of Respondent's receipt of the data validation
report from the third-party validation contractor.
Field work progress meetings will be held once per month or as otherwise determined by the
EPA Project Manager.
EPA will provide field oversight as determined to be necessary by the EPA Project Manager.
The schedule for submission to EPA of deliverables described in this SOW is presented in
Table 1 below. This schedule may be updated if determined to be necessary by EPA.
VI.

Biological Assessment, Biological Opinion, and Clean Water Act 404 Memorandum

Respondent shall prepare a Biological Assessment and following review by EPA, Respondent
shall submit the Biological Assessment to the resource agencies. Respondent shall engage in
meaningful coordination with the resource agencies or request that a Biological Opinion be
provided by the resource agencies. EPA will provide a schedule by which coordination must be
completed between Respondent and the resource agencies. Respondent shall implement any
measures recommended by the resource agencies in the Biological Opinion, or if there is no
Biological Opinion, Respondent shall implement any measures that are otherwise
communicated by the resource agencies to Respondent. Respondent is not required to obtain
permits for onsite cleanup action but will be required to comply with all ARARs, consistent
with the T-25S Action Memorandum to the extent practicable considering the exigencies of the
situation as determined by EPA.
Respondent shall prepare a draft Clean Water Act 404 Memorandum that details how
substantive requirements of the Clean Water Act will be met during performance of the
NTCRA. Submission to EPA of the draft Clean Water Act 404 Memorandum will be according
to the schedule in Table 1. The draft Clean Water Act 404 Memorandum shall include proposed
best management practices (BMPs) and mitigation measures. The proposed BMPs and
mitigation measures should include the use of operational or engineering resuspension controls
silt screen or bubble curtains, monitoring for water quality parameters, and temporary pausing
work as needed to prevent water quality exceedances. EPA will issue the final Clean Water Act
404 Memorandum which contains those BMPs and mitigation measures that Respondent is
required to follow during performance of the Work.

4

VII.

Implementation of NTCRA

Respondent shall provide notification to EPA at least 14 days prior to initiation of fieldwork to
allow EPA to coordinate field oversight activities.
Respondent shall complete the sediment and soil removal and disposal in accordance with the
EPA-approved 100% Design and Removal Action Work Plan, including undertaking the
following activities.
EPA and Respondent shall participate in a preconstruction meeting to:





Review methods for documenting and reporting data, and compliance with specifications and
plans including methods for processing design changes and securing EPA review and
approval of such changes as necessary;
Review methods for distributing and storing documents and reports;
Demonstrate that construction management is in place, and discuss any appropriate
modifications of the CQAP to ensure that project- specific considerations are addressed;

Respondent shall conduct a site tour with EPA in the project area to verify that the design
criteria, plans, and specifications are understood and to review material and equipment storage
locations, as appropriate.
Respondent shall transmit (electronically) to EPA the key points and action items discussed
during the preconstruction meeting within seven (7) days of the meeting. Respondent shall
submit to EPA the final key points and action items from the preconstruction meeting,
incorporating all input from EPA, within fourteen (14) days of the meeting.
Pursuant to the CQAP, written progress reports shall be prepared by Respondent and submitted
to EPA for review during performance of the Work. The progress reports shall be submitted by
Respondent on a quarterly basis during development of the Removal Design and on a monthly
basis during performance of the NTCRA field work. The EPA Project Manager may change the
timing for submission of progress reports. The progress reports shall include work performed,
problems encountered and solutions proposed, water quality monitoring results, and work to be
performed during the following period. Respondent shall inform EPA of the disposal facility
proposed by Respondent to receive any debris or dredged/excavated materials from T-25S.
Within seven (7) days after Respondent makes a preliminary determination that construction is
complete, Respondent shall orally notify EPA for the purposes of scheduling a final inspection
and/or meeting. Within fourteen (14) days after the final inspection and/or meeting, if
Respondent still believes construction is complete, Respondent shall send a letter to EPA
stating that construction is complete and describing and responding to all issues that were
raised by EPA during the final inspection/meeting.
VIII. Major Deliverable Schedule
The schedule for submission of deliverables to EPA is presented in Table 1. This schedule may
be updated, as necessary, in the Removal Action Work Plan. Respondent may request, and the
EPA Project Manager, at their discretion, may approve schedule changes to be documented in
writing.

5

Table 1. Schedule of Project Deliverables
Respondent will provide to EPA no later than 180 days
30% Design
after the Effective Date of the Settlement
EPA will provide comments to Respondent on the 30%
Comments on 30% Design
Design as soon as practicable.
Respondent will provide to EPA no later than 180 days
60% Design
after receipt of EPA comments on 30% Design
EPA will provide comments to Respondent on the 60%
Comments on 60% Design
Design as soon as practicable.
Respondent will provide to EPA no later than 120 days
90% Design
after receipt of EPA comments on 60% Design
EPA will provide comments to Respondent on the 90%
Comments on 90% Design
Design as soon as practicable.
Draft Removal Action Work Plan1 Concurrent with 90% Design
Comments on Draft Removal
EPA will provide Respondent with comments on the draft
Action Work Plan
Removal Action Work Plan as soon as practicable.
Respondent will provide to EPA no later than 120 days
Final (100%) Design
after receipt of EPA comments on 90% Design
Final Removal Action Work Plan Concurrent with 100% Design
Biological Assessment submitted
to resource agencies and draft
Concurrent with Draft Removal Action Work Plan
CWA 404 Memorandum provided
to EPA
Comments on draft CWA 404
EPA will provide Respondent comments on the draft
CWA 404 Memorandum as soon as practicable.
Memorandum
Concurrent with Final Removal Action Work Plan
Final CWA 404 Memorandum
Submitted quarterly during the Removal Design, monthly
Progress Reports
during the field work or as otherwise directed by the EPA
Project Manager
Draft - Final Report (completed
after the final phase of
Within 90 days after completion of construction
construction)
EPA will provide Respondent comments on the draft Final
Comments on draft Final Report
Report as soon as practicable.
Within 30 days after receipt of EPA comments on the draft
Final Report
Final Report
IX. Content of Supporting Plans
Quality Assurance Project Plan
Respondent shall develop a project-specific Quality Assurance Project Plan (QAPP) for sample
analysis and data handling for post-construction/confirmation samples and other samples that may
be required to be collected as part of the NTCRA for T-25S. Respondent shall use quality
assurance, quality control, and other technical activities and chain of custody procedures for all
samples consistent with EPA's Environmental Information Quality Policy, CIO 2105.1)
(Mar. 2021) at https://www.epa.gov/irmpoli8/environmental-information-quality-policy, the most
recent version of Quality Management Systems for Environmental Information and Technology
1

The Removal Action Work Plan will include the subplans identified in this SOW.

6

Programs - Requirements with Guidance for Use, ASQ/ANSI E-4 (Feb. 2014), and EPA
Requirements for Quality Assurance Project Plans, EPA QA/G-5 (EPA/240/B-01/02) (Mar. 2001)
at https://www.epa.gov/quality/epa-qar-5-epa-requirements-quality-assurance-project-plans.
The QAPP will define in detail the sampling and data-gathering methods that will be used on the
project. It will include sampling objectives, a detailed description of sampling activities, sample
locations, sample analysis, sampling equipment and procedures, sampling schedule, station
positioning, and sample handling (such as sample containers and labels, sample preservation).
The QAPP will also describe the quality assurance and quality control protocols necessary to
achieve required data quality objectives.
Respondent shall ensure that the laboratories it utilizes for the analysis of samples meet the
competency requirements set forth in the Policy to Assure Competency of Laboratories, Field
Sampling, and Other Organizations Generating Environmental Measurement Data under
Agency-Funded Acquisitions (Directive No. FEM-2011-01) (Nov. 2016) available at
http://www.epa.gov/measurements/documents-about-measurement-competency-underacquisition-agreements and that the laboratories perform all analyses according to EPA-accepted
methods. Such EPA-accepted methods are documented in EPA's Contract Laboratory Program
(http://www.epa.gov/clp), SW 846 Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods (https://www.epa.gov/hw-sw846), Standard Methods for the Examination of Water and
Wastewater (http://www.standardmethods.org/), 40 C.F.R. part 136, Air Toxics - Monitoring
Methods (http://www3.epa.gov/ttnamti1/airtox.html).
Upon request by EPA, Respondent shall have such laboratory analyze samples submitted by EPA
for quality-assurance monitoring. EPA personnel may audit any laboratory that performs
analytical work under this ASAOC. Prior to awarding any work to an analytical laboratory,
Respondent will inform the laboratory that an audit may be performed, and that the laboratory
agrees to coordinate with EPA prior to performing analyses. Respondent shall provide to EPA the
quality assurance/quality control procedures followed by all sampling teams and laboratories
performing data collection and/or analysis.
All analytical data collected under the Settlement and this SOW shall be provided electronically
to EPA.
For purposes of confirmation samples, EPA and Respondent may use preliminary data that is not
flagged, or screening data collected from mobile equipment to make construction decisions
(specifically to remove additional contaminated sediment), with the understanding that validated
data is required to verify construction completion.
Upon request, Respondent shall provide split or duplicate samples to EPA or its authorized
representatives. Respondent shall notify EPA not less than 10 days prior to any sample collection
activity unless shorter notice is agreed to by EPA. In addition, EPA has the authority to take any
other samples that EPA deems necessary. Upon timely request, EPA may provide Respondent
with split and/or duplicate samples in connection with any EPA sampling.
Respondent shall submit to EPA all sampling and test results and other data obtained or generated
by or on behalf of Respondent or in connection with implementation of the Work.
Construction Quality Assurance Plan
The CQAP shall describe the project-specific components of the performance methods and
quality assurance program to ensure that the completed project meets or exceeds all design
criteria, plans, and specifications. The draft CQAP shall be submitted with the 90% Design and
7

the Final CQAP shall be submitted with the Final 100% Design. The Final CQAP shall be
submitted prior to the start of construction in accordance with the approved construction schedule.
The CQAP shall provide requirements for the following elements:








Responsibilities and authorities of all organization and key personnel involved in the
NTCRA construction, including EPA and other agencies.
Qualifications of the Construction Quality Assurance (CQA) Officer. Establish the minimum
training and experience of the CQA Officer and supporting inspection personnel.
Inspection and verification activities. Establish the observations and tests that will be
required to monitor the construction and/or installation of the components of the NTCRA.
The CQAP shall include the scope and frequency of each type of inspection to be conducted.
Inspections shall be required to verify compliance with environmental requirements and
ensure compliance with all health and safety procedures.
Performance standards and methods. Describe all performance standards and methods
necessary to ensure implementation of the removal construction. Performance monitoring
requirements shall be stated to demonstrate that best management practices have been
implemented for dredging operations, transportation of dredged or excavated material, and
proper cap placement techniques.
Documentation. Establish the reporting requirements for construction quality assurance
activities. This shall include such items as daily and weekly summary reports, inspection data
sheets, problem identification and corrective measures reports, design acceptance reports,
and final documentation. A description of the provisions for final storage of all records
consistent with the requirements of the Settlement shall be included.

8

LEGEND:

Terminal 25 South Site
Inactive Terminal 25 North Facility

Harbor Island Superfund Site:
East Waterway Operable Unit

Terminal 25
South Site

NW Seaport Alliance
Lease Area

Parking Area

pic Tug and Barge

City of Seattle
Right-of-Way

SW Spokane St Bridge

Street
Spokane

NOTE:
1. Aerial imagery source: King County (2021)

0

[

100

Feet

Publish Date: 2025/05/02, 2:41 PM | User: emueller

Appendix C

Administrative Settlement Agreement and Administrative Order on Consent,
CERCLA Docket No. 10-2026-0216