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Site Report: M&M Enterprises - Wyoming Drive

Site Name: M&M Enterprises - Wyoming Drive
Address: 3603 Wyoming Drive, Anchorage, AK 99517
File Number: 2100.38.003
Hazard ID: 303
Status: Cleanup Complete - Institutional Controls
Staff: IC Unit, 9074655229 dec.icunit@alaska.gov
Latitude: 61.187698
Longitude: -149.915485
Horizontal Datum:NAD83

We make every effort to ensure the data presented here is accurate based on the best available information currently on file with DEC. It is therefore subject to change as new information becomes available. We recommend contacting the assigned project staff prior to making decisions based on this information.

Problems/Comments

The M&M battery and scrap metal recycling site came to ADEC's attention when ADEC received a complaint that sulfuric acid was draining off of the site. A December 1991 site assessment identified elevated levels of lead and petroleum hydrocarbons in soil and groundwater. In 2003, ADEC requested that the property owner address the soil and groundwater contamination identified at the property. The owner did not currently have the funds to conduct the work but granted access to allow ADEC to perform the assessment. In 2004, ADEC’s term contractor performed additional site characterization work. Soil samples exceeded applicable Method 2 cleanup levels for lead (up to 34,000 mg/kg), mercury (up to 1.8 mg/kg) and 1,2,4 trichlorobenzene (up to 850 mg/kg). Three monitoring wells were installed and samples from the three wells and the one installed previously, detected no contamination in groundwater above Table C cleanup levels, but the detection limits for lead, arsenic, and cadmium exceeded cleanup levels. In August 2005, ADEC's term contractor removed about 372.3 tons of lead contaminated soils to reduce the risk at the site. Those soils were disposed of at an out of state hazardous waste landfill. Clean fill replaced the contaminated soils between depths of 1.5 and 8.0 ft. bgs. In 2007, DEC’s term contractor collected soil samples to characterize the remaining contamination at the site. Four areas had lead contamination over default cleanup levels. No areas exceeded mercury or 1,2,4 trichlorobenzene cleanup levels. Later in 2007 DEC signed a prospective purchaser agreement with a party that was looking at purchasing the property from the previous property owners estate and an asphalt cap was placed over the remaining contaminated area. In 2008 the State of Alaska recovered costs from the estate of the previous property owner and their insurance companies. In 2012, a different ADEC’s term contractor conducted additional site work to correct site drainage and condition of the asphalt cap. Drainage improvements were installed and the remaining contaminated soil at the site was consolidated within a retaining wall area and capped with clean soil. In 2013, the work was completed and DEC received a signed "satisfactory completion of work form" from the current property owner. The site was recommended for cleanup complete with institutional controls with long term monitoring of the 4 site monitoring wells and maintenance of the existing cap over the remaining contaminated soil. Monitoring was completed in May 2016 and the wells were decommissioned in September 2016.

Action Information

Action Date Action Description DEC Staff
12/17/1991 Site Characterization Report Approved A Phase II Site Assessment dated Dec. 17, 1991 reports work done by Dames & Moore in October 1991 for the Federal Deposit Insurance Corporation (FDIC). Work included collection of 3 surface samples SS-1, SS-2 and SS-3 and a boring completed as a 19-foot groundwater monitoring well MW-1. The surface samples were collected from stained soil in 3 locations adjacent to 55-gallon drums at depths ranging from 3 to 6 inches below ground surface (bgs). Soil samples were analyzed for TPH, BTEX and total metals with results of 24,800 mg/kg TPH and 84,000 mg/kg lead in SS-1; 16,900 mg/kg TPH and 61,000 mg/kg lead in SS-2; and 1,500 mg/kg TPH and 7,700 mg/kg lead in SS-3. Arsenic, chromium, and mercury were also detected at concentrations up to 78 mg/kg, 32.1 mg/kg, and 10.29 mg/kg, respectively. Groundwater was encountered at 13 feet bgs in MW-1 and sample results detected cadmium, chromium, lead, and mercury above ADEC groundwater cleanup levels with concentrations of 0.011 mg/L, 0.58 mg/L, 3.86 mg/L, and 0.013 mg/L, respectively. TPH was detected in groundwater but did not exceed the cleanup level. Soil samples were collected from the MW-1 boring at depths of 5 and 10 feet bgs with respective results of 10.29 and 10.00 mg/kg mercury and 30.9 and 32.1 mg/kg chromium with barely detectable TPH and lead in each sample. Jim Frechione
2/23/1998 Site Added to Database QA\QC revealed that this action was not previously added. Bill Petrik
6/8/1999 Update or Other Action Michael Bateman is designated as the power of attorney for Mrs. McGalliard. Jim Frechione
11/21/2000 Site Ranked Using the AHRM Initial ranking. Renee Evans
6/4/2001 Update or Other Action Letter sent to Ms. McGalliard requesting a site characterization work plan be submitted to ADEC by July 23, 2001. Copy sent to Michael Bateman. Scott Pexton
6/25/2001 Update or Other Action Letter received from Mildred McGalliard indicating that she cannot afford to perform the environmental work due to her fixed income and failing health. Questions about her situation can be made by calling her or her son Michael Bateman. Scott Pexton
4/8/2002 Update or Other Action Preparing a Request for Proposal, to request this site become State Lead project. Lynne Bush
5/15/2002 Update or Other Action On 5/15/2002, DEC issued NTP 1820121327A to HartCrowser to develop a workplan in accordance to their 5/14/2002 proposal and in response to DEC's 5/8/2002 RFP. The workplan stated that 3 monitoring wells would be installed and up to three additional surface areas be sampled. The NTP was issued for $4,793.00. Earlier on 5/15/02, Lynn Kent approved the funding request. Lynne Bush
7/1/2002 Site Number Identifier Changed Workplan changed from 01 to 09 due to presence of lead. Former Staff
7/5/2002 Update or Other Action On 7/5/2002, Hart Crowser provided DEC its final workplan "Preliminary Site Characterization and Work Plan Block 1, Lot 5 Conroy Rushton Subdivision" in response to the NTP.The Preliminary Site Characterization included research of previous work performed at the property, an area well search, and procurement and review of aerial photographs. Lynne Bush
10/10/2002 Update or Other Action NTP 1820121327A was closed on 10/10/02 after work was completed and the workplan submitted to DEC. Lynne Bush
3/19/2004 Update or Other Action In a letter dated 3/19/04, CSP reiterated a conversation that day between Sundet and Michael Bateman. It noted that Bateman was the current owner of the site, the site is contaminated above cleanup levels, and written access was granted by Bateman on 8/25/2003 for DEC to perform assessment and cleanup work. The letter also informed Bateman of DEC's obligation to seek cost recovery and if he wanted to perform the work scheduled in spring 04 to contact DEC by 3/26/04. Rich Sundet
3/23/2004 Update or Other Action On 3/23/04, Sundet clarified w/Bateman several issues that DEC would be seeking cost recovery but if he believed he was not liable to inform us why in writing. Bateman noted that he was unable to perform the cleanup or assessment work, and that DEC still had approval to access the site and perform the cleanup/assessment. Sundet noted that he would provide further details on the schedule when the work would be performed as soon as the contract was signed with a term contractor. Rich Sundet
4/14/2004 Update or Other Action File number entered 2100.38.003. Sarah Cunningham
4/23/2004 Update or Other Action On 4/23/04, SPAR Director Dietrick approved the funding request for $15,140.00 to BGES to perform a soil and groundwater investigation at the site. The funding approval included a $1,000.00 contingency if direct push drilling is unable to occur at the site and hollow stem auger drilling will be required. Earlier, BGES provided in a 4/14/04 dated proposal for that amount in response to DEC's RFP that was sent to them on 4/2/2004. The SOW requires that three borings be completed as monitoring wells, soil samples from the borings and from three other surface areas be collected/analyzed for metals and petroleum, and groundwater samples be collected. Also, a surface water sample be collected if there is potential for runoff from an apparent contaminated area. BGES is to coordinate the activities with the property owner. Rich Sundet
4/26/2004 Update or Other Action On 4/26/04, DEC issued NTP 18700011-1 to BGES, Inc. for $14,140.00 to implement its proposal (i.e., based upon that direct push technology to install the monitoring wells can be completed). Rich Sundet
4/30/2004 Update or Other Action On 4/30/04, CSP conditionally approved its contractor BGES, Inc.'s “ADEC Site Characterization Work Plan Addendum, M&M Enterprises Site, Wyoming Drive.” The workplan was dated 4/28/04 and was received on that date. The plan is an addendum to HartCrowser’s “Preliminary Site Characterization and Work Plan, Block 1, Lot 5 , Conroy Ruston Subdivision” dated June 2002. The CSP conditionally approved of both the HartCrowser plan and the addendum. Several of the conditions focused on that Mr. Bateman the property owner approves of the plan and addendum. The investigation will provide further soil and groundwater data to allow DEC to evaluate whether a significant risk is posed to humans and the environment from this site. This investigation is follow-up to the work performed by Dames and Moore in 1991. Rich Sundet
5/7/2004 Update or Other Action On 5/7/04, BGES began the field investigation at the site and installed one monitoring well. Field activities continued through 5/13/04 and a total of three monitoring wells were installed. Rich Sundet
6/18/2004 Update or Other Action On 6/18/04, CSP provided comments to BGES in marked up pages from BGES's draft "M&M Enterprises 3603 Wyoming Drive Site Characterization" dated June 2004. The draft report was provided to DEC on 6/14/04. Rich Sundet
6/28/2004 Update or Other Action On 6/28/04, BGES provided DEC copies of the final report "M&M Enterprises 3603 Wyoming Drive Site Characterization Final June 2004." The report noted that several metals were detected above applicable Method 2 cleanup levels but a number of the metals could be attributed to natural background. However, lead and mercury were detected at levels that could not be attributed to natural background. lead was detected in soil up to 34,000 mg/kg, mercury was detected up to 1.8 mg/kg, and 1,2,4 trichlorobenzne was detected up to 850 mg/kg. No contaminant was detected in groundwater samples, but the detection limit for lead (0.05 mg/l), arsenic (0.1 mg/l), and cadium (0.006 mg/l) were above cleanup levels (0.0015 mg/l for lead, 0.01 mg/l arsenic, and 0.005 mg/l cadmium) in the four site monitoring wells. Rich Sundet
9/9/2004 Update or Other Action On 9/9/04, Sundet discussed with Michael Bateman the court records for ownership of the subject property. Bateman noted that he inherited the property from his mother but never signed the official documents to transfer the property to his name. Sundet noted the findings of the recent investigation by BGES and as promised would mail him a copy of the report. Later on 9/9/04, CSP issued a letter that transmitted the BGES final report to Bateman. Rich Sundet
10/4/2004 Update or Other Action On 10/4/04, DEC issued a letter to Bateman reiterating a conversation on 9/30/04 in which Sundet noted that DEC planned to collect further soil samples at the site and requested Bateman's consent to access the site. On 9/30 Bateman granted access and the 10/4/04 letter reiterated that conversation and noted that DEC's contractor BGES would be contacting him soon on the specifics of the sampling. Rich Sundet
10/6/2004 Update or Other Action On 10/6/04, DEC approved of BGES' 10/6/04 dated workplan to further characterize the upper soils on site to determine whether the soil exhibits the toxicity characteristic for lead and mercury. Previous work has shown that these are the only two elements in the soil that could be classified as hazardous waste. The plan also outlines how BGES will evaluate disposal alternatives for the highly contaminated upper two feet of soil at the site. Rich Sundet
10/12/2004 Update or Other Action On 10/12/04, BGES sampled the site in accordance to their approved workplan. DEC requested that two of the 10 sampling locations be changed to better characterize the site. Sundet discussed the hazards of the site with the neighbor to the north, Mrs. Kelly Gilfillan. It was observed that recently, within the past several weeks, work was performed to repair the water line to restore water to the house. Some soil scraping was apparent in the backyard. As per 2-15-2005 entry, Kelly Gilfillian is Bateman’s niece and her residence on property adjacent to the contaminated site to the north is included in the estate. Rich Sundet
10/25/2004 Update or Other Action On 10/25/04, the AGs Office issued a letter to Michael Bateman that enclosed two invoices of the most recent expenditures by DEC for assessment work at the site so the total DEC expeditures to date is $23,587.14. The letter also stated that the State is seeking reimbursement for those expenses. The letter also requested a meeting between Bateman and staff from the DEC and the AGs Office to discuss the past battery recycling operation and any insurance that may exist for the property sometime during the week of November 1, 2004. Rich Sundet
10/27/2004 Update or Other Action On 10/27/04, a lien was filed on the estate of Mildred McGalliard Lot 5, Block 1 of the Conroy-Rushton Subdivision c/o Michael Bateman for $23,831.27 for State oversight costs. The lien was signed by the SPAR Director on 10/26/04. Rich Sundet
10/27/2004 Update or Other Action Sundet met with BGES owners and discussed the recent lab data from the recent sampling event. Based upon the findings of total lead, four samples were selected to be analyzed for TCLP lead to determine whether the soil is hazardous waste or not. The four samples represented concentrations of lead from 2,100 mg/kg to 71,000 mg/kg from several areas of the property where the batteries had been evidently stored. Rich Sundet
11/3/2004 Meeting or Teleconference Held Sundet, and Tostevin and Wright of the AGs Office met with Michael Bateman at DECs office to discuss the history of the site and records that Michael may have that would lend insight into land ownership and insurance for the property. Bateman described the history of the property as well as the business, and financial aspects as best he could. He also provided a copy of his mother's will to staff. During the meeting Bateman was handed a subpoena to produce documentary evidence much as was discussed in the meeting. It was negotiated that Bateman would produce these documents, if any found, by November 11, 2004. Rich Sundet
11/8/2004 Update or Other Action in a letter dated 11/8/04, the AGs Office thanked Bateman for meeting with the State on 11/3 and requested that he sign an attached release authorization form of Mildred McGailliard's business and insurance records. Rich Sundet
12/15/2004 Update or Other Action In response to BGES letter to DEC dated 12/13/04, DEC issued NTP 18700011-02B for a total of $5,599.00. BGES had noted in their submittal that it had experienced unforseen costs to is proposal due to some added laboratory costs and a slight modification in a task that it anticipated that these costs would total $669.00. Rich Sundet
12/17/2004 Update or Other Action On 12/17/04, DEC provided comments via e-mail to BGES regarding their draft report "M&M Enterprises 3603 Wyoming Drive Toxicity Characteristic Leaching Procedure Soil Sample" dated 12/04. DEC received the subject draft via e-mail on 12/9/04. Rich Sundet
1/24/2005 Update or Other Action On 1/24/05, a lien was filed on the estate of Mildred McGalliard Lots 5 and 6, Block 1 of the Conroy-Rushton Subdivision c/o Michael Bateman for $48,902.74 for State oversight costs. The lien was signed by the SPAR Director on 1/18/05 and updated the lien that was filed on this property on 10/27/04 for $23,831.27. Rich Sundet
2/1/2005 Update or Other Action On 2/1/05, Superior Court granted Michael Bateman to act as recommended by DEC as the special administrator for the estate of Mildred McGalliard. Rich Sundet
2/1/2005 Meeting or Teleconference Held During a conversation at the Superior Court awaiting the court to appoint Bateman as special administrator to the estate, Bateman stated that the old foundation on the property was the remnant of the original house on the property. That house had two cesspools that were connected to it and were located to the north of the former residence but not at the fence line with the Gilfillians on the next lot. Bateman also noted that they used to pour the battery acid down the floor drain that was connected to the two cesspools. Rich Sundet
2/11/2005 Update or Other Action On 2/11/05, DEC received from its term contractor BGES, Inc. its final report "M&M Enterprises 3603 Wyoming Drive Toxicity Characteristic Leaching Procedure Soil Sampling, and Limited Evaluation of the Remediation/Disposal Options for the Contaminated Soil" dated February 2005. The report shows that of 10 surface samples collected they ranged from 10 to 92,000 mg/kg total lead and of 4 of these samples analyzed for TCLP analysis (2,100 mg/kg, 4,500, 71,000 and 92,000 mg/kg) all exceeded the TCLP threshold of 5.0 mg/L for lead (ranging from 100 to 1,900 mg/L) indicating that if the soil was excavated it would be classified as hazardous waste for the toxicity characteristic for lead. The report also provided a limited evaluation of four remediation methods, i.e., capping with asphalt, in-situ solidification of the upper 2 ft. of soil, a combination of capping and in-situ solidification, and removal of the upper 2 feet of soil on site which is the highest levels of contamination at the site (approximately 250 cu. yds.) The limited feasibility study on remediating the site included costs for capping with asphalt ($45,000), solidification of the upper two feet of soil ($90,000), a combination of solidification and capping ($110,000), and removal of the most highly contaminated soil on site or the upper two feet ($315,000). BGES recommended the removal option because it eliiminated most exposure pathways. A copy of the report was provided to the Attorney General’s Office. Rich Sundet
2/15/2005 Update or Other Action In letters dated 2/15/05, the Attorney General's Office provided copies of the February 2005 BGES report to Michael Bateman the administrator of the estate of the former property owner and to the attorney of Kelly Gilfillian (i.e., Bateman’s niece and whose residence adjacent to the contaminated site is included in the estate). Rich Sundet
2/24/2005 Update or Other Action In a letter dated 2/24/05, the Attorney General's Office provided a copy of the February 2005 BGES report to Wendy Lawrence Senior Appraiser for the MOA. At the court hearing, Sundet and Tostevin noted to Bateman that they would discuss with the MOA of the contamination issue if MOA requested confirmation that the site was contaminated, thereby reducing the property appraisal for Bateman. The cover letter to the MOA noted that the site was contaminated. Michael Bateman the administrator of the estate of the former property owner and to the attorney of Kelly Gilfillan (i.e., Bateman’s niece and whose residence adjacent to the contaminated site is included in the estate). Rich Sundet
3/2/2005 Update or Other Action On 3/2/05, DEC withdrew its claim of lien regarding Lot 6, Block 1 of Conroy-Rushton Subdivision which was earlier part of the lien filed on 1/24/05. Rich Sundet
3/8/2005 Update or Other Action On 3/8/05, the Superior Court signed the order appointing Michael Bateman the special administrator of the estate of his mother Mildred McGalliard. The court hearing for this matter was on 2/1/05. Rich Sundet
5/9/2005 Update or Other Action DEC issued NTP 18700011-03 to BGES for $5,892.00 to install fence and berm to minimize visitor access to the area and prevent runoff from the site onto the adjacent alleyway. Earlier on 5/3/05, SPAR Director approved the funding request. Rich Sundet
6/20/2005 Update or Other Action On 6/20/05, DEC received copies of BGES's report "Implementation of Engineering Controls Final Report" dated June 2005. The report describes work performed on behalf of DEC to install a fence and secure the fence to minimize access, to install signs to notify potential trespassers of the site's hazards, and build a berm between the backyard property line and the adjacent alleyway to prevent runoff at the site. Rich Sundet
7/19/2005 Update or Other Action On 7/19/05 SPAR Director approved the funding request for $353,715.00 for BGES to remove the upper 2 feet of the highly lead contaminated soil at the backyard of this site as well as 10 feet into the adjacent alleyway and 5 feet into the property to the north. Rich Sundet
7/20/2005 Update or Other Action On 7/20/05, DEC issued NTP 1890281001 to BGES for $353,715.00 to BGES to 1) remove the upper 2 feet of the highly lead contaminated soil at the backyard of this site as well as 10 feet into the adjacent alleyway and 5 feet into the property to the north 2) dispose of the contaminated soil and replace the excavated soil 3) to sample the remaining soil after excavation and perhaps sample the excavated soil if the disposal facility requests it 4) replace three of the four existing monitoring wells if the excavation process damages them or it is more cost efficient to remove and replace them. Rich Sundet
8/8/2005 Update or Other Action DEC reviewed BGES's draft workplan dated 8/2/05 to remove contaminated soil at the site and other issues and provided verbal comments to Keith Guyer of BGES. The plan was received via email at DEC on 8/4/05. Rich Sundet
8/10/2005 Cleanup Plan Approved On 8/10/05, DEC conditionally approved BGES' plan “Site Cleanup, Final Work Plan, M&M Enterprises Site, 3603 Wyoming Drive, Anchorage, Alaska” dated August 9, 2005. The subject work plan was received via e-mail on August 9, 2005. The plan will include that an estimated 350 tons of contaminated D008 hazardous waste plus associated solid waste from the upper two feet of the former lead-acid battery recycling storage property will be removed from the site and transported and properly disposed off-property. The workplan includes among other tasks that sampling will be performed from the remaining soils after excavation and that clean fill will replace the excavated soils. Later that day, Sundet informed BGES via email that it could implement the plan as one condition of the approval letter noted that the plan could not be implemented until DEC authorized BGES to implement the plan. Rich Sundet
8/23/2005 Update or Other Action On 8/23/05, BGES and its subcontractors began implementing the approved plan to remove the upper 2 ft. of contaminated lead soil at the site. Battery parts and several lead-acid batteries were found below the surface along the fence line with the neighboring property to the north where batteries were previously known to have been stored. The material will be disposed of out of state in an approved RCRA permitted landfill as D008 hazardous waste. An estimated 350 tons of contaminated soil will be disposed of. Excavation will continue on property as well as into about 5 ft. of the property adjacent to the north and into the alleyway to the east of the 3603 Wyoming Drive property. Rich Sundet
12/2/2005 Update or Other Action On 11/29 and 12/2/05, DEC provided comments to BGES regarding their draft report that they provided to DEC on 11/23/05 regarding the cleanup that BGES performed in August 2005. Rich Sundet
1/9/2006 Update or Other Action On 1/9/06, DEC received copies of the final report of cleanup performed by BGES in late August 2005. The report noted that 372.3 tons of lead hazardous waste D008 soil was removed and disposed of at a RCRA treatment/disposal facility in Idaho. Soil was removed from 1.5 to 8 feet below ground surface on the subject property at 3603 Wyoming, the adjacent property to the north at 3601 Wyoming and the adjacent alleyway to the east. No contamination above cleanup levels was detected remaining on the 3601 Wyoming property owned by the Gilfilians. Five lead confirmation samples were above the 400 mg/kg cleanup level ranging from 415 to 1,840 mg/kg with four of those samples collected on the 3603 Wyoming property and one in the alleyway. In addition, the variance of the laboratory duplicate sample was 5,080 mg/kg total lead from the field sample that measured 1,840 mg/kg, i.e., a difference in a factor of 2.8. Therefore, this variability shows that contamination could remain on site at least up to 5,080 mg/kg total lead and that one other field confirmation sample detected at 215 mg/kg could exceed the 400 mg/kg lead cleanup threshold. One other confirmation sample exceeded the 250 mg/kg DRO cleanup level and it was 780 mg/kg in the adjacent alleyway. The report also noted that all four existing monitoring wells were kept intact and can be reused. Rich Sundet
1/19/2006 Update or Other Action On 1/19/06, the Attorney General's Office provided a copy of BGES's final report of the cleanup to Michael Bateman the Special Administrator of the Estate of Mildred McGailliard and representatives of three insurance agencies which had policies regarding the subject property. Rich Sundet
3/15/2006 Update or Other Action On 3/15/06, SPAR Director updated the lien against the site's estate of Mildred McGalliard for a total of $432,576.40 (recorded #2006-019037-0 in the Anchorage Recorders District). Originally the lien was filed on 10/27/04 for $23,831.27 (recorded in book 2004-080972-0) and was perfected in the amount of $48,902.74 on 1/18/05 (recorded in book 2005-004598-0). Rich Sundet
3/29/2006 Update or Other Action On 3/29/06, the Attorney General's Office notified Michael Bateman and representatives of three insurance carriers of an offer to settle the State's costs involving the cleanup of the subject site. The letter informed them that the State's present costs associated with the assessment, cleanup and reasonable attorney fees as well as future monitoring and interest totaled $479,934. The offer to settle and compromise was for $479,934 and was good until 5:00 p.m. on 4/28/06. The letter also informed them if the State has to litigate further, that the State's intention is to file a summmary judgment motion in which the State will seek cost recovery of response costs and full attorney's fees under AS 46.03.822. (The case settled and was effective on 3/19/2008 -- see database entry for that date). Rich Sundet
3/29/2006 Update or Other Action On 3/29/06, the Attorney General's Office notified Michael Bateman and representatives of three insurance carriers of an offer to settle the State's costs involving the cleanup of the subject site. The letter informed them that the State's present costs associated with the assessment, cleanup and reasonable attorney fees as well as future monitoring and interest totaled $479,934. The offer to settle and compromise was for $479,934 and was good until 5:00 p.m. on 4/28/06. The letter also informed them if the State has to litigate further, that the State's intention is to file a summmary judgment motion in which the State will seek cost recovery of response costs and full attorney's fees under AS 46.03.822. (The case settled and was effective on 3/19/2008 -- see database entry for that date). Rich Sundet
11/30/2006 Update or Other Action On 11/30/06, Contract 18202207 was issued to PSI Environmental & Instrumentation for $15,400.00 for Keith Guyer to provide technical support and expert witness advice as related to his work while employed by BGES during work activities associated with M&M Enterprises on Wyoming Drive. The contract continued from 11/30/06 to 6/30/07. Rich Sundet
1/31/2007 Update or Other Action On 1/31/07, DEC issued NTP 1890281005 to BGES for $6,822.00 to characterize two areas in the backyard of the site which were not characterized previously or during the excavation work that occurred during 2005. Specific work will consist of advancing two borings in the area of MW-3 where 1,2,4 trichlorobenzene and 1,2,3 trichlorobenzene were previously detected in 2004 before the removal occurred in 2005. Soil samples will be collected between the bottom of the clean fill (about 4.0 ft. bgs) to the top of a confining soil lens located about 8.0 ft. bgs. Samples will be analyzed using EPA Methodology 8260. BGES will also characterize the surface soil in the southwest portion of the backyard where excavation did not occur in 2005. Soil will be sampled for total lead and analyzed using EPA Methodology 6020. Six (6) surface samples will be collected. Work is expected to occur in early February 2007. Previously on 1/26 issued a RFP to BGES to provide a proposal for the subject work and DEC provided comments to BGES on 1/29 regarding the BGES proposal recevied on 1/29. The RFP specified that the proposal would suffice as the workplan. A revised proposal was later submitted on 1/29/07 that addressed DEC's comments. Rich Sundet
2/5/2007 Update or Other Action On 2/5/07, Sundet inspected the site where BGES was implementing its approved workplan to collect total lead surface soil samples from 6 locations in the area that was unexcavated, and collect VOCs samples in two borings near MW-3. Subsurface VOC soil samples were collected between the bottom of the clean fill (about 4.0 ft. bgs) to the top of a confining soil lens located about 8.0 ft. bgs. Rich Sundet
2/16/2007 Update or Other Action On 2/16/07 Max LaMoureaux signed a Prospective Purchaser Agreement (PPA) with the State regarding the subject property. Later in February and March 2007, Department of Law and Department of Environmental Conservation staff signed the PPA. Rich Sundet
3/1/2007 Update or Other Action On 3/1/07, DEC provided comments to BGES regarding their draft report "Draft Characterization Report, M&M Enterprises, 3603 Wyoming Drive, Anchorage, Alaska" dated 2/21/07. DEC received the report via email and hard copies of the report on 2/21/07. Rich Sundet
3/2/2007 Update or Other Action DEC received the final report of BGES "Site Characterization, M&M Enterprises, 3603 Wyoming Drive, Anchorage, Alaska" dated 3/2/07. The report noted that two borings were performed near MW-3 where prior to the 2005 interim removal 1,2,4 trichlorobenzene and 1,2,3 trichlorobenzene were detected in concentrations that either were above cleanup levels or its surrogate were above cleanup levels, respectively. In addition, six surface areas were sampled in the area that was not excavated during the interim removal. Boring samples were collected in the area just beneath where the clean fill was placed, i.e., 6-7.5 ft and 7-8.5 ft bgs. In the area where 1,2,4 trichlorobenzene was previously detected at 850 mg/kg, this contaminant was detected during the recent investigation at a maximum of 0.11 mg/kg and well below cleanup levels. Of the six surface samples, plus one duplicate, lead ranged from 37.8 to 1,660 mg/kg with four of the areas exceeding the 400 mg/kg cleanup level (i.e., concentrations of 668.0J, 859.0, 1,660.0 and 1,090 mg/kg (duplicate of one of the samples (668J) also was above the threshold at 991.0 mg/kg. Rich Sundet
3/23/2007 Update or Other Action On 3/23/07, the PPA between DEC and Max LaMoureaux executed on 3/22/07 was recorded in the Anchorage Recorder's Office. Earlier on 2/16/07 Max LaMoureaux signed a Prospective Purchaser Agreement (PPA) with the State regarding the subject property. Later in February and March 2007, Department of Law and Department of Environmental Conservation staff signed the PPA with the latest date any party signed(and therefore the effective date) 3/22/07. Rich Sundet
4/20/2007 Update or Other Action On 4/20/07, DEC issued NTP 1890281006 to BGES for $9,839.00 to place an asphalt cap over an area about 30 x 30 ft. (with a 10 ft. overlap on the north and east side) where elevated lead levels above 400 mg/kg were detected in surface soils. Soils up to 1,660 mg/kg total lead was detected in this area during a prior 2007 NTP with BGES. The asphalt cap will prevent exposure to humans to the ingestion and dermal pathways to the lead contamination. The funding request was approved by CSP Manager Bainbridge on 4/20/07. The proposed work was approved by the property owner Max LaMoreaux on 4/19/07. Rich Sundet
5/21/2007 Update or Other Action On 5/21/07, Contract 18202207 was amended to extend from 11/30/06 to 6/30/08. Earlier on 11/30/06, Contract 18202207 was issued to PSI Environmental & Instrumentation for $15,400.00 for Keith Guyer to provide technical support and expert witness advice as related to his work while employed by BGES during work activities associated with M&M Enterprises on Wyoming Drive. The contract continued from 11/30/06 to 6/30/07. Rich Sundet
7/2/2007 Update or Other Action On 7/2/07, DEC received via e-mail the final report of the capping project performed by BGES. The report noted that BGES coordinated with the property owner Max LaMoureux and that after obtianing the necessary permit from the Municipality of Anchorage, the area where remaining lead in the surface was cleared of vegetation and paved over with asphalt. The area paved was along the east side of the house extending towards the alleyway. Rich Sundet
7/6/2007 Update or Other Action Upon a request by Max LaMoreaux, Sundet inspected the site and the resultant asphalt cap that DEC's contractor BGES had placed on a portion of the property about two weeks prior. Rich Sundet
8/15/2007 Meeting or Teleconference Held Sundet and Tostevin met with George LaMoreaux and tied his brother Max LaMoreaux into the meeting by telephone to discuss the LaMoreauxs' complaint on the final asphalt grade and possible solutions. Rich Sundet
8/16/2007 Update or Other Action Sundet inspected the site based on the meeting yesterday in which George LaMoreaux noted that a sinkhole had appeared at the site. No sinkhole was observed during the inspection. Sundet met with LaMoreaux's parents who noted that they had moved into the house about a week ago. Rich Sundet
8/23/2007 Update or Other Action On 8/23/07, DEC provided comments to Max LaMoreaux in follow-up to its meeting with Max on 8/15/07 and a copy of an estimate that Max provided to DEC on 8/22/07. The estimate provided some basic costs associated with making modifications to the site/cap by adding more fill in the swale covered by asphalt by the residence. Rich Sundet
10/16/2007 Update or Other Action On 10/16/07, Breck Tostevin of the AGs Office responded on behalf of DEC to an email that he received from Max LaMoureaux on 9/24/07 and a cost estimate that LaMoureaux had received from Ascend Construction for the redesign of the paving cap. The estimate had been received by the AGs Office on 10/10/07. The AG's letter noted that DEC needed further information than what was provided in the cost estimate such as what is the proposed physical design and purpose of the garden wall and the area to be excavated near the house. Also, the letter noted that DEC requested a diagram of the proposed work and further narrative describing how the project will comply with Municipality of Anchorage buidling codes, drainage requirements and how the redesign will maintain the cap over the contaminated soils. The letter also noted that according to the signed PPA, LaMoureaux is required to provide DEC with detailed building plans if he wished to change the design of the cap or disturb contaminated sites in the backyard, and obtain DEC permission for this work. Rich Sundet
12/20/2007 Update or Other Action On 12/20/07, SPAR issued NTP 1890281013 to BGES for $5,648.79 to provide expert witness testimony through deposition and provide consultant's project informaiton and data regarding the State's claim for insurance monies to reimburse the State for its cleanup costs and legal costs. Rich Sundet
3/19/2008 Update or Other Action In March 2008, a Settlement and Release (Agreement) was effective and executed between and amonth the State, The Estate of Mildred McGailliard, Michael Batement individually and as Special Administator of the Este, State Farm Fire & Casualty Co., and ACE Indemnity Insurance Co. and the Insurance Co. of North America (collectively as ACE). Payment to the State was by State Farm ($200,000); by ACE Companies ($165,000); by Bateman ($144,559). For the payment the State released Bateman and the Estate and the insurance companies of specific claims, and amongst themselves of claims. Rich Sundet
4/22/2008 Update or Other Action On 4/22/08, the Attorney General's Office informed DEC that it had completed cost recovery efforts for the site. These cost recovery efforts were that the Attorney General's Office had reached settlement with the insurers of the 3603 Wyoming Drive property and provided settlement checks to DEC for the sale of the 3603 Wyoming Drive property. Rich Sundet
5/14/2008 Update or Other Action On 5/I4/08, DEC followed-up in a letter regarding a discussion with Max LaMoureaux of April 17, 2008 concerning his consultant’s plan for modifying the cap at the subject contaminated site. During that conversation, DEC noted it had received the plan but had not had the chance yet to fully review it. During the discussion, DEC noted the plan had not included a cover letter stating that Max had agreed with the plan or the cost estimates requested in DEC's letter of 8/23/2007. During that conversation LaMoureaux also stated that the plans were prepared by a registered engineer, however, the plans DEC received did not include a professional engineer’s stamp. In response to DEC's comments, LaMoureaux had stated that he would provide the Department with a cover letter that he agree with the plans, and a cover letter by the engineer with the engineer stamp of the plans including the engineer’s cost estimate for the work. The letter also noted that since the conversation on 4/17, DEC had reviewed the plan more closely and noticed that the plan did not include any discussion as to its compliance with Municipality of Anchorage (MOA) construction ordinances and any permit requirements, which were requested in DEC's 8/23 and 10/16/2007 letters. The plan also only focuses on drainage issues but does not mention how it will address the contaminated soil that is underlying the current asphalt pad or address monitor well (MW) 2, which is located within the northwest portion of the asphalt pad. This is an issue because under Task 1 the plan proposes to remove the existing asphalt pad. The letter also noted that on 5/1/2008, DEC received a one-page facsimile from Max's office containing the first page of the plan that DEC received on 4/7/2008. It was stamped with Mr. Bill Ivy’s business address stamp, but not a Professional Registered Engineer’s stamp. The facsimile also indicated that the letter contained two pages but DEC only received page 1. In order for me to complete DEC's evaluation of the plan, DEC requested: 1) a letter from Max that Max agreed to the plan submitted on 4/7/2008; 2) a cover page for the plan signed by Max's consultant (and if he is a Professional Engineer, his registered engineer stamp and signature); 3) a cost estimate for each of the ten tasks; 4) Max's consultant’s statement on how the plan will meet MOA ordinances and any necessary permit requirements. 5) Max's consultant’s statement on how the plan will address the contaminated soil underlying the current asphalt pad and MW-2 to ensure it will not be damaged during work activities. Rich Sundet
5/28/2008 Update or Other Action On 5/28/08, SPAR amended NTP 1890281013B to BGES to perform an additonal task to review Max LaMoureaux's consultants (Bill Ivy) workplan to modify the existing cap. The additional task would cost $2,605.53. No additional funding request to the NTP was required because the tasks under the original NTP(A) had been completed (or the case settled with the insurance companies) and $2,609.05 remained. Earlier on 12/20/07, SPAR issued NTP 1890281013A to BGES for $5,648.79 to provide expert witness testimony through deposition and provide consultant's project informaiton and data regarding the State's claim for insurance monies to reimburse the State for its cleanup costs and legal costs. Rich Sundet
6/5/2008 Exposure Tracking Model Ranking Initial ranking with ETM completed. Rich Sundet
6/9/2008 Update or Other Action In follow-up to Max LaMoureaux's 5/21/08 complaint via voice mail, and his 6/6/08 complaint via voice mail, facsimile and hand delivered letters that grass was growing through the asphalt cap, Sundet inspected the site. In several places vegetation was observed growing through the asphalt cap - primarily along the western and southern edges of the asphalt pad. One other area was observed on the crown of the asphalt about 15 feet from the eastern edge of the house. Earlier on 5/21, Sundet had conveyed to Bob Braunstein of BGES of the 5/21 complaint and he had contacted LaMoureaux for permission to inspect the property by his subcontractor Dan Beek. Rich Sundet
6/17/2008 Update or Other Action On 6/17/08, DEC responded in writing to Max LaMoureau'x 6/6/08 letter that stated that DEC was ignoring his concerns on the cap such as grass growing through the cap. In DEC's letter it noted that DEC had inspected the property when he (Max) had first brought the grass issue to DEC's attention on 9/5/07 and again after he made another complaint on 5/21/08 then again in his letter of 6/6/08 by inspecting the site and conveying the information onto BGES who also inspected the site. In addtion, DEC notified LaMoureaux in regards that the grass growing through the cap did not pose a health risk to him or the public. Also, DEC notified LaMoureaux that he needed to sign a form to obtain copies of portions of the file that he requested on 6/6 of correspondence/contracts between DEC and its contractors and of the cost recovery process to pay for those copies. I Rich Sundet
8/15/2008 Meeting or Teleconference Held On 8/15/08, a meeting was held at DEC with Sundet & Allen of DEC, Tostevin of the Attorney General's Office with Bob Braunstein of BGES and his subcontractor Keith Mobley of Norther Geotechnical Engineers (NGE) along with Max LaMoureaux on phone to discuss the proposal to modify the cap and meeting DEC's and LaMoureaux's issues with drainage. It was proposaed by Mobley that a land survey be performed first then he could develop a plan. In follow-up to the meeting, on 8/15, BGES submitted a proposal dated 8/15/08 BGES based upon the meeting for a Phase I survey. Rich Sundet
8/29/2008 Update or Other Action On 8/29/08, SPAR issued NTP 1890281015 to BGES in response to its proposal Phase I survey to survey the property for $1,233.33. The 8/15/08 BGES proposal was based upon a meeting on 8/15/08 in which Keith Moberly of NGE requested a survey prior to the design of a system to address the drainage issues associated with the site. Rich Sundet
1/21/2009 Update or Other Action On 1/21/09, SPAR amended NTP 1890281001B to BGES to perform an additonal task to review Max LaMoureaux's consultants (Bill Ivy) workplan to modify the existing cap. The additional task would cost $2,701.85. Earlier on 5/28/08, SPAR issued NTP 1890281013B to BGES to perform this task but their subcontractor was unable to perform this task. Rich Sundet
4/23/2009 Meeting or Teleconference Held On 4/23/09, Sundet discussed with Max LaMoureaux the property owner the BGES proposal to modify the existing CAP and then provided the proposal to Max via e-mail requesting that he review it and get back to DEC whether he approved or had some comments. Therefore, the project can continue. Rich Sundet
4/24/2009 Update or Other Action In lieu of DEC sending to LaMoureaux the BGES proposal on 4/23/09, Sundet discussed with Max LaMoureaux the property owner the BGES proposal to modify the existing CAP via e-mail, on 4/24/09 LaMoureaux responded via email agreeing with the proposal but noted that hand rails and steps will have to be considered. Sundet verbally informed LaMoureaux that these items would be discussed further along when BGES is in contact with the MOA and development of the work plan. Rich Sundet
6/3/2009 Update or Other Action On 6/3/09, SPAR issued NTP 189028-10-14 to BGES for $36,178.99 to modify the existing asphalt cap at the site. The proposal states that a work plan will be submitted that will removed the existing asphalt cap and replace it with a gravel cap with retaining walls on two sides, and a drainage sytem that will allow runoff to move away from the on site residence. Rich Sundet
10/16/2009 Update or Other Action On 10/16/09, Sundet called Bob Braunstein of BGES who noted that they had yet to receive the permit for the grading and filling work from the MOA. Because of that issue and his earlier email that had noted that asphalt plant was shutting down next week, the sealant for adhering to the foundation had a minimum temperature for 40 degrees F, and issues of getting the subcontractor, Sundet stated that DEC was postponing the implementation of the work until next spring to late April or by mid May 2010. Sundet also requested that BGES continue to obtain the necessary permit and provide a revised schedule when the work plan can be implemented. Later on 10/16, Sundet informed Max LaMoureaux of DEC's decision and the reasons why. LaMoureaux agreed that it was better to postpone until spring 2010 when the work could be performed and not in a rush scenario. Rich Sundet
9/15/2010 Site Visit On 9/15/10, Sundet accompanied repreentatives of Shannon & Wilson on an inspection of the site in followup to a RFP that was issued by DEC on 9/9/10 to modify the existing cap on the site. Rich Sundet
2/24/2011 Update or Other Action On 2/24/2011, SPAR issued NTP 18400211029 to Oasis for $115,926.74 to modify the existing asphalt cap at the site. The proposal states that a work plan will be submitted that will removed the existing asphalt cap and replace it with a gravel cap with retaining walls on two sides, and a drainage sytem that will allow runoff to move away from the on site residence. A prior NTP was issued to BGES but BGES was unable to obtain the necessary approvals/permits from the MOA to implement its proposal and subsequent draft work plan. Rich Sundet
4/19/2011 Meeting or Teleconference Held On 4/19/2011, Sundet along with Oasis’s Max Schwenne and Anita Erickson, and the property owner Max LaMoureaux met at the MOA to discuss the site and proposal to modify the cap and address surface drainage with Macr Guzik (plan reviewer – 343 – 8115) and Mark Panilo (plan review engineer 343 8081). Another key MOA engineer Steve Ellis (343 – 8078) was not available and his primary concern would be according to the other Mark’s are whether any sediment or contamination whether surface or subsurface could enter into the water drainage system (whatever that system may be). After a brief history of the site by Sundet, Schwenne proposed that Oasis’ primary option would be to install a French drain (between the residence and the proposed retaining wall) connected to a surface catch basin and tie that into a MOA stormwater system in the nearby MOA road to the north by running the line from the lot through the alleyway (located adjacent to the eastern property line of 3603 Wyoming Drive). Based on the conversations, Oasis will review MOA files on potential utilites in the alleyway discuss with Ellis, and determine whether this option fits into the budget and if so, will proceed with developing a work plan including drawings of the proposed work. Rich Sundet
5/6/2011 Site Visit In follow-up to the 4/19 meeting between Max LaMoureaux, Oasis and MOA staff, on 5/6/11, Sundet along with Oasis staff Max Schwenne and Erin McDonald met with Max and George LaMoureaux at the subject site to discuss concepts of the prior BGES workplan, such as the placement of the retaining wall, French drain, tie in of the pad to the sidewalk to the north etc., and the proposed modification to that plan to connect to the adjacent MOA stormwater sewer system north of the adjacent alleyway. Oasis’ next step is to coordinate with the utilities to perform locates in the alleyway – est. time w/in 2 weeks, then draft a work plan including drawings of the project and submit to DEC to be shared with LaMoreauuxs. During the site visit discussions, Max LaMoureaux stated that he never had yet water in the basement/bottom floor. Rich Sundet
6/16/2011 Meeting or Teleconference Held On 6/16/11, George LaMoureaux met with Sundet to clarify some issues that we had discussed with him and his brother Max when DEC and Oasis staff met on site on 5/6/11. Prior to the meeting, Max LaMoureaux provided some photos that George had sent to him to show what type of railing and poured retaining wall that they would like and potential vision what it would look like at their house. During the meeting, George also stated that he would like the area paved and Sundet told him DEC was not going to pave the site and as we discussed on site, if they (LaMoureaux’s) wanted to pave it after we were done they could do so (with approval from DEC) but the State was not going to pave it again and have the issue with grass growing thru it and issues with maintenance. Sundet stated DEC is working off of the plan that Max LaMoureaux’s engineer provided to DEC and we were going to cap the capped area with D-1. In follow-up to that George then proposed several other items for consideration which Sundet later informed Oasis. George provided to DEC a rough drawing of his concept of the proposed work. Regardless, of what avenue occurs, George stated that he would continue on his drawings and provide DEC further clarification such as what distance they want between the residence and the retaining wall. Rich Sundet
6/22/2011 Meeting or Teleconference Held In follow up to the 6/16/11 meeting, George LaMoureaux came into DEC on 6/22/11 and met with Sundet to provide and descibe a further drawing of the proposed site as the LaMoureaux would envision. Sundet informed him that DEC's objectives were in this priority to ensure that human health is protected by the cap 2) address the drainage issue. The #2 objective is estimated at around 40-50K to connect to the stormwater sewer system and with the indirect around 100% that leaves around at best 25K for the remainder of the work. What George proposed from his brother's earlier engineering design is an additional concrete wall by the residence and a wrap around concrete retaining wall, a concrete floor between the retaining wall and the residence, and steel plates to be added on the retaining wall by the residence. Sundet informed George that what he proposed is probably not within the scope or finances of the project however, we would pass along the attached drawing by him to Oasis. Rich Sundet
7/14/2011 Meeting or Teleconference Held Discussed options with Oasis between drywell and storm sewer hookup. The storm sewer hookup will cost about $40,000 more so we will go with the drywell option because that will be within budget. They will do the soil testing and get permit for the drywell. If soils not compatible with the drywell, then will have to do storm sewer hookup, with portions of the work (like the gravel top) next year under a separate RFP. Robert Weimer
8/26/2011 Update or Other Action During the last week the consultant completed the infiltration capacity test at the former M&M Enterprises Site. The test indicated that the underlying soil is primarily sand and well draining, which is good news for the drywell design. The temporary well point was removed and backfilled. Geotechnical analysis of the soil core and waste characterization were completed. The consultant now has sufficient information to proceed with the drywell design for the work plan. Robert Weimer
9/9/2011 Update or Other Action Update from the consultant, they are still working on the drywell design and work plan. They have been working on the Infiltration Capacity Test report and design drawings for the discharge permit for the city. They hope to have a better idea by September 14th when the work plan will be submitted for DEC and property owner review. Robert Weimer
9/21/2011 Update or Other Action Update from the consultant, they are still working on the drywell design and work plan. They have been working on the Infiltration Capacity Test report and design drawings for the discharge permit for the city. Based on permit comments from the city they are making revisions to the plan. They hope to submit the design overview map and a summary of the advantages of the design for DEC and property owner review by tomorrow. Robert Weimer
9/22/2011 Update or Other Action Consultant provided a drainage design overview map that included 3 window wells but no retaining wall running north-south as specified in the DEC September 9, 2010 request for proposal and the consultant's October 15, 2010 proposal. Discussed with consultant that we want a plan that includes a north-south retaining wall. Robert Weimer
10/6/2011 Update or Other Action Received update that once MOA receives the permit applications they are taking 6 to 8 weeks for MOA review, but once they are issued they are good for 1 year, and for additional fees it is possible to extend permits longer than that. Robert Weimer
10/11/2011 Document, Report, or Work plan Review - other On 10/11/11, DEC provided comments to Oasis regarding their draft "Former M&M Enterprises Work Plan for Cover Replacement and Site Drainage Improvements" dated 10/7/11. Later that day, Sundet discussed with Max LaMoureaux that DEC had recently received and commented on the draft plan, and that a revised plan is expected next week and DEC would provide him with a copy. Rich Sundet
2/9/2012 Update or Other Action On 2/9/2012, the NTP was amended to 18400211029C for an additional $30,571.00 (total current for the NTP is $146,497.74) because of the increase in the labor rate multiplier and to address subtasks not included in the original RFP such as calculate design loading for the retaining wall and installation of a concrete retaining wall instead of a modular designed retaining wall. Earlier on 2/24/2011, SPAR issued NTP 18400211029 to Oasis for $115,926.74 to modify the existing asphalt cap at the site. The proposal states that a work plan will be submitted that will removed the existing asphalt cap and replace it with a gravel cap with retaining walls on two sides, and a drainage sytem that will allow runoff to move away from the on site residence. A prior NTP was issued to BGES but BGES was unable to obtain the necessary approvals/permits from the MOA to implement its proposal and subsequent draft work plan. Rich Sundet
3/14/2012 Document, Report, or Work plan Review - other On 3/14/12, DEC provided comments to Oasis via e-mail regarding their Draft Revision 1 Former M&M Enterprises Work Plan for Cover Replacements and Site Drainage Improvements" dated 3/2/2012 that was received at DEC via email on 3/2/12. Rich Sundet
3/21/2012 Meeting or Teleconference Held On 3/21/2012, DEC met with Oasis staff to discuss its comments provided to Oasis on 3/14/12, regarding their Draft Revision 1 Former M&M Enterprises Work Plan for Cover Replacements and Site Drainage Improvements" dated 3/2/2012 that was received at DEC via email on 3/2/12. Rich Sundet
3/29/2012 Update or Other Action On 3/29/12, DEC provided Max LaMoureaux via e-mail with a draft work plan entitled “Former M&M Enterprises Work Plan for Cover Replacement and Site Drainage Improvements,” dated March 27, 2012 prepared by Oasis Environmental. DEC requested Max's review and approval of the work plan prior to Oasis submitting it's application to the Municipality of Anchorage for its permitting approvals. DEC also informed Mr. LaMoureaux that once the Municipality has approved the application, DEC would be asking him to sign an amendment to the Agreement and Release of October 7, 2009 to approve the implementation of the Oasis Work Plan. Rich Sundet
4/2/2012 Update or Other Action On 4/2/12, Max LaMoreaux responded via email approving Oasis' plan. Earlier on 3/29/12, DEC provided Max LaMoureaux via e-mail with a draft work plan entitled “Former M&M Enterprises Work Plan for Cover Replacement and Site Drainage Improvements,” dated March 27, 2012 prepared by Oasis Environmental. DEC requested Max's review and approval of the work plan prior to Oasis submitting it's application to the Municipality of Anchorage for its permitting approvals. DEC also informed Mr. LaMoureaux that once the Municipality has approved the application, DEC would be asking him to sign an amendment to the Agreement and Release of October 7, 2009 to approve the implementation of the Oasis Work Plan. Rich Sundet
4/3/2012 Update or Other Action On 4/3/12, Sundet requested Oasis via email to submit the necessary applications to the Municipality of Anchorage to obtain their approval and/or permits to perform the work. Earlier on 4/2/12, Max LaMoreaux responded via email approving Oasis' plan and prior to that on 3/29/12, DEC provided Max LaMoureaux via e-mail with a draft work plan entitled “Former M&M Enterprises Work Plan for Cover Replacement and Site Drainage Improvements,” dated March 27, 2012 prepared by Oasis Environmental. DEC requested Max's review and approval of the work plan prior to Oasis submitting it's application to the Municipality of Anchorage for its permitting approvals. DEC also informed Mr. LaMoureaux that once the Municipality has approved the application, DEC would be asking him to sign an amendment to the Agreement and Release of October 7, 2009 to approve the implementation of the Oasis Work Plan. Rich Sundet
4/11/2012 Update or Other Action On 4/11/12, Oasis informed DEC that it had obtained the last of five approvals/permits that the Municipality of Anchorage required for the modification of the cap at the site. Erin McDonald noted to DEC that work is scheduled to begin on 6/11/12 and would take about 12 days to complete. Rich Sundet
4/13/2012 Update or Other Action On 4/13/12, Sundet informed Max LaMoureaux by phone of the tenative schedule so he could begin moving items in the soon to be construction area out of the way. In addition, Sundet informed Max that he would provide Max with figures/pictures of railings that could be used for his selection for use and upon that decision, Oasis would have its subcontractor purchase those railings. Earlier on 4/11/12, Oasis informed DEC that it had obtained the last of five approvals/permits that the Municipality of Anchorage required for the modification of the cap at the site. Erin McDonald noted to DEC that work is scheduled to begin on 6/11/12 and would take about 12 days to complete. Rich Sundet
5/23/2012 Cleanup Plan Approved On 5/23/12, Oasis dropped off 3 hard copies and 4 CDs of the final Former M&M Enterprise Work Plan for Cover Replaecment and Site Drainage Improvements dated 5/21/2012. One hard copy would later be provided to Max LaMoureaux through Breck Tostevin of the AGs Office. Rich Sundet
5/29/2012 Update or Other Action On 5/29/12, Tostevin of the Attorney General's Office mailed Max LaMoureaux a copy of the final Oasis workplan, copy of the original Agreement and Release, and a copy of the Amendment of the Release and a copy of Satisfactory Completion of Work to be signed by Max and mailed back to Tostevin. Rich Sundet
6/11/2012 Update or Other Action Work began on 6/11/12 in accordance to the Oasis workplan to modify the existing cap and address drainage issues. Rich Sundet
6/21/2012 Site Visit On 6/21/12, Sundet inspected the site with Oasis staff Erin McDonald and Anita Erickson and Max LaMoureaux. The issue was that the south footing was not square to the residence and the end towards the alleyway was inwards about 8 inches. At the site, Erin presented Sundet and Max a draft drawing of how the situation would be resolved with a thicker base of the retaining wall towards the alleyway. When the area inside/outside of the retaining wall would be leveled, only a small portion of the retaining wall would be exposed so it would appear in square without impacting the structural integrety of the wall, in fact the south wall's integrety would be increased because the wall would be thicker. Rich Sundet
7/2/2012 Site Visit On 7/2/12, Weimer inspected the site with Max LaMoureaux. The retaining wall, the piping to the dry well, and the liner and gravel by the window had been completed. The installation of the drywell, the backfilling of the soil to be excavated from the dry well, the poured curbs in the window well, the placement of the D-1 and gravel cap, and final landscaping are still to be completed. Mr. LaMoureaux was interested in having less slope if possible than shown in the approved plans but said he was fine if it was installed as per the plans, he just wanted someone to look into it. Weimer said he was in contact with the consulant to see if changes could work given the design and permits, but expressed concerns that less soil cover would increase the risk of the drain pipe freezing. Robert Weimer
7/25/2012 Site Visit On 7/25/12, Weimer inspected the site with Max LaMoureaux, Oasis, and BC Ex. The installation of the drywell, the backfilling of the soil to be excavated from the dry well, the poured curbs in the window well, and the placement of the D-1 cap have been completed. The railing for the retaining wall is to be installed tomorrow. Final landscaping are still to be completed. Mr. LaMoureaux was interested in having less slope if possible than shown in the approved plans for the top and sides, and using some of that D-1 material to complete final landscaping. Mr. LaMoureaux said that he wanted D-1 to be used for final landscaping material. Noted that too much gravel had been placed in the window well and the lid of the dry well is cracked. Oasis is going to check on the frost calculations regarding how much soil could be removed from the cap in the retaining wall area. Robert Weimer
9/26/2012 Site Visit On 9/26/12, Sundet inspected the site and took several photos of the work that showed that to the north and south of the cap that vehicles had been placed or driven. On the south side, a trailer was parked while on the north side adacent to the property line was landscaped fill to with the drywell flush with the fill. Rich Sundet
10/29/2012 Document, Report, or Work plan Review - other On 10/29/12, DEC issued a letter in follow-up to 10/17 and 24, 2012 conversations between Sundet and Max LaMoureaux about the cap modification work, and the plan to modify the cap’s sidewalls that LaMoureaux provided to Sundet on 10/26/2012. The Oasis work was done in accordance with the work plan, which LaMoureaux approved of, dated 5/21/2012. DEC's letter noted that LaMoureaux noted on 10/17 that he rented a Bobcat and moved a portion of the cap's apron which Sundet noted was the problem as sidewalls of the cap now had begun to slough away potentially exposing individuals to lead contaminated soil as only 6-8 inches of clean soil acting as a buffer remains. DEC's letter also noted that it had communicated with the MOA and that it would submit LaMoureaux's plan proposing railroad ties to secure the cap's sidewalls to the MOA for consideration for approval. DEC expected that the plan be implemented by 5/15/13. In summary, DEC's letter noted that to bring this project to closure the following had to occur: a site inspection and approval needs to occur between DEC, its term contractor and LaMoureaux; a site inspection completed with DEC and its term contractor and the MOA; both inspections need to occur after the sideboards have been installed; upon the work being successfully completed, DEC would provide LaMoureaux its notice that the project has been completed and we will ask LaMoureaux to sign the Satisfactory Completion of Work under DEC's October 2009 Agreement. Rich Sundet
5/30/2013 Site Visit On 5/30/13, Sundet inspected the site and estimated that about 1/2 of the sideboard work was completed on the south side of the cap. The north sideboard was completed. Rich Sundet
6/4/2013 Site Visit On 6/4/13, Weimer and ERM inspected the site. The north and south sideboards have been completed. ERM will schedule muni inspection for this week. Robert Weimer
6/10/2013 Site Visit On 6/10/13, Weimer, MOA, and ERM inspected the site. The north and south sideboards have been completed. After the inspection the MOA issued the final construction permit. Robert Weimer
7/1/2013 Update or Other Action ADEC received report "Former M&M Enterprises, Report of Cover Replacement and Site Drainage Improvements, Final, June 28, 2013" prepared by ERM. Eileen Olson
8/23/2013 Update or Other Action On 8/23/2013 DEC received a signed "satisfactory completion of work form" from the property owner. Robert Weimer
9/6/2013 Exposure Tracking Model Ranking A new updated ranking with ETM has been completed for source area 71282 Surface spills. Robert Weimer
5/12/2014 Site Visit Observed site conditions from roadway. Site conditions look the same as in 2013. Robert Weimer
10/23/2015 Site Visit Staff visited site with metal detector to locate wells; located two wells, MW3 and MW4. Cap for MW1 may be displaced or buried and additional time to locate PVC casing is needed. MW2 not located; presumed location not accessible due to vehicles and motorcycles in the area. Eileen Olson
10/29/2015 Site Visit Staff located MW1 and MW2 (only MW3 and MW4 could be found during initial reconnaissance on 10/23/2015) and attempted to sample all four wells. Recharge in MW2 insufficient; submitted samples from MW-1, MW-3 and MW-4. Samples submitted for metals analysis by 6020A and mercury analysis by 6020. Eileen Olson
11/9/2015 Document, Report, or Work plan Review - other Received analytical results for 10/29/2015 groundwater sampling of wells MW-1, MW-3 and MW-4. Metals (As, Cd, Cr, Pb and Hg) exceeded cleanup levels in only one well, MW-3, which was a turbid sample. It appears that the elevated metals content may be entrained in sediment, so will re-sample from clear water earlier in purging process. Eileen Olson
11/20/2015 Site Visit Staff sampled monitoring wells MW-2 and MW-3, with a low-turbidity sample collected from MW-3 for this second sampling event. Poor recovery from MW-2, sample was turbid. Eileen Olson
11/30/2015 Document, Report, or Work plan Review - other On 11/30/2015 ADEC received analytical results for sampling of MW-2 and MW-4 on Nov. 20, 2015. Lead in a turbid sample from MW-2 was the only metal exceeding the cleanup level, with 0.0974 mg/L compared to the cleanup level of 0.015 mg/L. MW-3 results below metals cleanup levels for all compounds, indicating that metals in the sediment are responsible for elevated metals levels, so that lead in MW-2 is likely in the entrained sediment and not dissolved in the groundwater. Eileen Olson
1/15/2016 Update or Other Action The site will be eligible for closure with institutional controls following decommissioning of the four on-site groundwater monitoring wells, expected to take place in June when the ground is unfrozen. Eileen Olson
5/4/2016 Update or Other Action ADEC letter dated 5/4/2016 notifies responsible party of plan to decommission monitoring wells and issue a decision document following well decommissioning. Eileen Olson
5/14/2016 Site Visit Confirmed during site visit that all four wells are accessible and noted type of casing for decommissioning. Eileen Olson
9/16/2016 Site Visit Observed decommissioning of the four monitoring wells remaining at the property. Eileen Olson
4/4/2017 Cleanup Complete Determination Issued Decision Document issued with enclosed recorded Notice of Environmental Contamination (NEC). Eileen Olson
4/5/2017 Institutional Control Record Established Institutional Controls established and entered into the database. Eileen Olson
6/14/2018 Institutional Control Compliance Review IC compliance review conducted. Staff changed from Eileen Olson to IC Unit. Closure/IC Details added to reflect the 2017 Cleanup Complete with ICs Determination. We did not receive the annual reporting that was required in September 2017. A letter was issued requesting the reports be submitted. Reminder system set to follow-up in one month. Kristin Thompson
4/1/2019 Institutional Control Compliance Review The site is currently NOT in compliance with IC requirements. A request for information letter was issued this date with a deadline date of April 30, 2019. Evonne Reese
10/24/2022 Institutional Control Compliance Review IC compliance review conducted, and photos of the site were submitted by the property owner. The cap looks to be in good condition and continues to provide protection from contamination contained underneath. The next compliance review and inspection will be in 2023. Evonne Reese
10/8/2024 Institutional Control Compliance Review IC compliance review completed on this date. An IC reminder letter was issued to the landowner. The next review will be in a years' time. Gaige Robinson

Contaminant Information

Name Level Description Media Comments
1,2,4-Trichlorobenzene Between Method 2 Migration to Groundwater and Human Health/Ingestion/Inhalation Soil 0.110 mg/kg remains in soil at 6-7.5 ft.; exceeds migration to groundwater cleanup level of 0.082 mg/kg.
Lead - Total > Human Health/Ingestion/Inhalation Soil Soil remaining in surface soil beneath cap contains up to 5,080 mg/kg (Human Health cleanup level is 400 mg/kg).
Mercury - Total Between Method 2 Migration to Groundwater and Human Health/Ingestion/Inhalation Soil 10 mg/kg mercury present at a depth of 10 ft below ground surface at 0.36 mg/kg, exceeding the migration to groundwater cleanup level of o.36 mg/kg.
DRO Between Method 2 Migration to Groundwater and Human Health/Ingestion/Inhalation Soil DRO concentration of 760 mg/kg present in soil beneath capped area.

Control Type

Type Details
Notice of Environmental Contamination NEC requires monitoring and maintenance of cap over residual contaminated soil.
Other NEC requires monitoring and maintenance of cap over residual contaminated soil; monitoring to consist of photographing capped area initially on an annual basis beginning in summer 2017. Frequency of monitoring may be reduced upon request of RP.

Requirements

Description Details
Excavation / Soil Movement Restrictions No digging, trenching, or excavating is allowed in the capped area, unless it is conducted following a work plan approved by the ADEC Contaminated Sites Program.
Other Than landowner must notify ADEC prior to any sale or transfer of the property and shall report to ADEC initially during summer 2017, and annually thereafter, to document the status of compliance with the institutional controls.
Groundwater Use Restrictions No groundwater wells shall be installed within the site without prior ADEC approval.
Other If the landowners sell, assign, or transfer the property that includes this site, the landowners shall include with the sales contract a copy of the Notice of Environmental Contamination and Institutional Controls (NEC). If the landowners lease, sublease, or rent the home or any portion of the home or property that includes access to or use of the area comprising the site, the landowners shall either provide a copy of the NEC to the party/parties contracting with the landowners, or shall incorporate into contracts information contained in items (4) and (5) of the ICs outlines in the 2017 Decision Document and other applicable institutional controls as the situation warrants.
Other If the soil cap is damaged, breached, otherwise modified or not maintained as required by institutional control (4) outlined in the 2017 Decision Document, or if the retaining wall or stormwater drainage system are damaged or modified, the landowner shall notify the ADEC Contaminated Sites Program within five days of becoming aware of such conditions and shall conduct necessary repairs, characterization and cleanup activities.
Maintenance / Inspection Of Engineering Controls The soil cap shall be maintained as needed to ensure the thickness of the fill is not reduced and subsurface contaminated soil is not exposed. No digging, trenching, or excavating is allowed in the capped area, unless it is conducted following a work plan approved by the ADEC Contaminated Sites Program. If fill is added, non-frost susceptible gravel and sand must be used to prevent destabilization of the fill resulting from freeze and thaw cycles. The concrete retaining wall and tied-in timbers (railroad ties stabilized with rebar) that semi-enclose the soil cap in the unexcavated area shall be inspected to ensure they continue to be structurally sound and maintained and repaired as needed. The subsurface draining system shall be maintained as needed to ensure it continues to function as designed to divert stormwater to the drywell.
Other The soil cap, retaining wall system, and the subsurface drainage system shall be inspected at least annually. Annual inspections shall be completed in June or July and inspection reports submitted to ADEC by September 1st of each year, with the initial inspection occurring in 2017. All reports must include photographs.
Advance approval required to transport soil or groundwater off-site. Standard condition.
Movement or use of contaminated material (including on site) in a manner that results in a violation of the water quality standards is prohibited (18 AAC 70) Standard condition.
Other Standard condition.

No associated sites were found.

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State of Alaska Department of Environmental Conservation

P.O. Box 111800
Juneau, AK 99811-1800
Phone: 907-465-5066
Fax: 907-465-5245
TDD: 800-770-8973
Physical Location: 410 Willoughby